NJ court: homeowners are members of HOA, must pay fees for lakes

Gavel and legal books lawsuit court

By Deborah Goonan, Independent American Communities Last month, State Superior Court Judge Christine A. Farrington issued her opinion on a 2-year-old legal dispute over Ramapo Mountain Lake (RML) Association’s legal rights to demand dues and place liens on more than 800 of its nearby homes. In short, Farrington ruled that RML is a common interest community (planned real estate development). As such, each property owner is legally obligated to pay annual assessments to maintain its Continue ReadingNJ court: homeowners are members of HOA, must pay fees for lakes

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NJ court: homeowners are members of HOA, must pay fees for lakes

Gavel and legal books lawsuit court

By Deborah Goonan, Independent American Communities Last month, State Superior Court Judge Christine A. Farrington issued her opinion on a 2-year-old legal dispute over Ramapo Mountain Lake (RML) Association’s legal rights to demand dues and place liens on more than 800 of its nearby homes. In short, Farrington ruled that RML is a common interest community (planned real estate development). As such, each property owner is legally obligated to pay annual assessments to maintain its Continue ReadingNJ court: homeowners are members of HOA, must pay fees for lakes

Arizona’s disastrous attempt at regulation of short-term rentals

Arizona water view vacation homes

By Deborah Goonan, Independent American Communities   What can homeowners do about short-term rental homes causing nuisances in their neighborhoods? In Arizona, not much. Short-term rentals are a hot trend in Arizona and across the U.S. Believe it or not, taking on lodgers for vacation rentals or special events is no longer limited to condominiums. Owners of single family homes have discovered a healthy market for families and larger groups of people willing to pay Continue ReadingArizona’s disastrous attempt at regulation of short-term rentals

HOA, condo, & co-op case law and litigation highlights (Dec. 2018)

Case law books court legal appeal

By Deborah Goonan, Independent American Communities This month: a Vermont court upholds homeowner obligations to pay for common maintenance. Other case law clarifies property and fair housing rights of homeowners. Owner Responsible For Share Of Costs To Maintain Subdivision Facilities (VT) by Husch Blackwell LLP Holding: The Supreme Court of Vermont held that a homeowners association, as assignee from the developer, could charge lot owners for its reasonable costs to maintain the subdivision private roads Continue ReadingHOA, condo, & co-op case law and litigation highlights (Dec. 2018)

Homeowners blame Elf on the Shelf for HOA violation

Christmas-elf-on-shelf

By Deborah Goonan, Independent American Communities Today, for a change, I’m sharing a lighthearted HOA story. It’s a story of homeowners using the power of humor to “fight” against HOA restrictions. You see, Somersett Owners Association, located in northwest Nevada, is having its second annual holiday decoration competition. And this year, homeowner Dan Rowan decided to decorate a roundabout on the cul-de-sac of his street. Decor includes some inflatable figures, a large lighted sign that reads Continue ReadingHomeowners blame Elf on the Shelf for HOA violation