Category Archives: HOA litigation and case law

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

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By Deborah Goonan, Independent American Communities, debgoonan@icloud.com This month: court decisions affecting amendment of CC&Rs, HOA priority liens, foreclosure standards, Fair Housing Act accommodations, and much more.    Court approves reduction of percentage membership vote needed for amending CC&Rs (CA) Did you know that sometimes a judge can make it easier for your HOA-governed community to amend its restrictions? The case of Orchard Estate Homes, Inc. v. Orchard Homeowners Alliance is one example. The Owners’ Association Continue ReadingHOA, condo & co-op case law and litigation highlights (July 2019)→

Family of child killed in gang shooting sues Las Vegas HOA

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By Deborah Goonan, Independent American Communities It’s a heartbreaking story that began last November, in the Traditions community in North Las Vegas. Eleven-year old Angelina Erives was sitting at the kitchen table with her family, when suspected gang members fired multiple gunshots into her home. Angelina’s mother, Anabel Sarabia, quickly pulled her three children under the table. Sadly, one of the bullets hit Angelina. Anabel, her husband, Alberto Sarabia, and Angelina’s two sisters, Dayanara Erives Continue ReadingFamily of child killed in gang shooting sues Las Vegas HOA→

HOA, condo & co-op case law and litigation highlights (April/May 2019)

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By Deborah Goonan, Independent American Communities Spring highlights: Fair Housing Act violations, important HOA priority lien opinions, reversal of an Idaho jury decision, and more proof that HOAs and developers must abide by their own governing documents.   HOA, CC&Rs cannot banish Adult Foster Care home from community Unpublished opinion, State of Michigan Court of Appeals Appellate Court rules that Michigan HOAs cannot use deed restrictions on use of property to exclude certain Adult Group Continue ReadingHOA, condo & co-op case law and litigation highlights (April/May 2019)→

HUD lawsuit: Bay View HOA accused of violation Fair Housing Act – again

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By Deborah Goonan, Independent American Communities Bay View, a seasonal community near Petoskey, Michigan, is in the news again for its alleged religious discrimination policy. In July 2017, members of the Bay View Chautauqua Inclusiveness Group sued Bay View Association, claiming the HOA limited ownership of cottages to members of the “Christian persuasion.” A Judge has already heard arguments, and the parties to the lawsuit await the court’s decision. In August of 2018, board members Continue ReadingHUD lawsuit: Bay View HOA accused of violation Fair Housing Act – again→