HOA, condo, & co-op case law and litigation highlights (Feb. 2019)

Case law books court legal appeal

  By Deborah Goonan, Independent American Communities This month: HOA and homeowner rights when making construction defect claims; limited obligations for housing providers under Fair Housing Act; application of FDCPA to HOA fee collections; exceeding liability insurance limits; Free Speech in HOAs. Illinois: home and condo owners cannot hold subcontractors responsible for defective construction In a recent Supreme Court ruling, construction industry subcontractors scored a big win, at the expense of home and condo owners Continue ReadingHOA, condo, & co-op case law and litigation highlights (Feb. 2019)

Will HOA pay when common sewer line backs up into your condo?

By Deborah Goonan, Independent American Communities How would you feel if you were the unlucky homeowner in your condominium — the owner of a lower level unit, and the repeated site of sewage backup whenever the pipe gets clogged? A Roy, Utah, homeowner in Rosewood Manor Condominium Association, Lorie Kerr, is that unlucky homeowner, and she’s extremely frustrated. A she explains to Matt Gephardt of KUTV, her condo has been damaged twice by raw sewage Continue ReadingWill HOA pay when common sewer line backs up into your condo?

Pasco County says 40-foot wide hole is a depression, not a sinkhole

Sinkhole

Because the subsidence is located on private property, homeowners must file claims with their insurance companies. By Deborah Goonan, Independent American Communities Land subsidence and sinkholes have been common in certain parts of Florida for  decades. But is seems as though we’re hearing more about the sudden development of depressions and holes as Florida’s population increases and the rate of new construction increases. An association-governed community in New Port Richey, River Ridge, is the most Continue ReadingPasco County says 40-foot wide hole is a depression, not a sinkhole

After the fire: a reality check for condo owners

By Deborah Goonan, Independent American Communities Multifamily housing may seem to provide a low-maintenance lifestyle, an a more affordable alternative to owning or leasing a detached single family home. But, in fact, attached housing can cost more to maintain and insure in the long run. Plus, attached walls and stacked housing units create increased risk of fire, resulting in property damage, personal injury, and even fatalities. Condominium and homeowner associations present a higher risk for Continue ReadingAfter the fire: a reality check for condo owners