Homeowners learn the shocking truth: HOAs are undemocratic

Property does not have rights People do

By Deborah Goonan, Independent American Communities Debgoonan@icloud.com I’m pleased to see that more and more journalists are starting to investigate the tyranny that reigns in HOA-ville, U.S.A., enabled by state laws that defer to blatantly unfair HOA governing documents. The undemocratic, corporate model of voting in the vast majority of mandatory membership HOAs has been a pet peeve of mine for years, and a hot topic here on IAC since its beginnings in 2015. In Continue ReadingHomeowners learn the shocking truth: HOAs are undemocratic

Passing the buck: development tax districts, HOA fees make housing unaffordable

American-tax-double-HOA

Two recent investigative reports — one in Colorado and the other in Texas — shed light on a growing financial hardship for U.S. homeowners: developer-controlled special development tax districts. By Deborah Goonan, Independent American Communities On IAC, you can read thousands of posts documenting widespread dysfunction in HOA-governed common interest communities. But IAC also been follows reports of development districts set up to pay for infrastructure in new residential and mixed use planned communities. More often than Continue ReadingPassing the buck: development tax districts, HOA fees make housing unaffordable

Two U.S. citizens score important court victories related to HOAs

scales-of-justice-court-legal

By Deborah Goonan, Independent American Communities debgoonan@icloud.com A Nevada HOA cannot reverse negligent misrepresentation verdict, and a federal court upholds First Amendment rights of the public on private streets. Nevada Supreme Court rules in favor of homeowner, affirms 2017 jury verdict of ‘negligent misrepresentation’ against HOA In 2003, Jonathan Friedrich purchased a home in the Rancho Bel Air neighborhood of Las Vegas. At the closing, the homeowner was presented with a copy of Covenants,   Continue ReadingTwo U.S. citizens score important court victories related to HOAs

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

Case law books court legal appeal

By Deborah Goonan, Independent American Communities   The courts weigh in on excess HOA foreclosure sale proceeds, HOA assessments as consumer debts, disclosure document fees, HOA election bylaws, and CC&R amendments. Arizona Court rejects investor’s claim for excess sale proceeds following HOA foreclosure An investor, Patterson Commercial Land Acquisition & Development, LLC, purchased a home for $42,000 at an HOA foreclosure sale, paying off a $14,000 HOA lien. Incredibly, Patterson then filed a claim to Continue ReadingHOA, condo & co-op case law and litigation highlights (Fall 2019)