Category Archives: HOA litigation and case law

Who’s suing the HOA now? (Feb 2019)

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By Deborah Goonan, Independent American Communities This month: class action lawsuit involving special assessment for balcony defects; homeowner sues claiming racial discrimination; HOA refuses to allow veteran to put up a flagpole and fly the American flag Georgia: Class action lawsuit says condo association relied on fake building engineer’s advice, and it cost unit owners $5,000 apiece According to a report from WSB-TV, several years ago, homeowners of 1280 West condominium were forced to pay Continue ReadingWho’s suing the HOA now? (Feb 2019)→

HOA, condo & co-op Golf Community Updates (Feb. 2019)

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 By Deborah Goonan, Independent American Communities This month: more HOA lawsuits against golf course owners seeking to develop their land. But one Florida community votes to tax themselves to purchase and maintain a golf course from the developer. Oregon: Did HOA use reserve funds to pay for lawsuit against golf course developers? The owners of Creekside Golf Club thought their legal dispute over redevelopment was over in May 2017. That’s when a judge ruled in Continue ReadingHOA, condo & co-op Golf Community Updates (Feb. 2019)→

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

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  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)→

Virginia family of shooting victim files wrongful death lawsuit against HOA, Security company, and guard

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By Deborah Goonan, Independent American Communities Last week, attorney John R. Fletcher, Tavss Fletcher, filed a wrongful death lawsuit on behalf of The Estate of Jiansheng Chen. You may recall that Chen was fatally shot 5 times by a City Wide security guard, Jonathan Cromwell, on the night of January 26, 2017. Chen’s family says he was in his vehicle parked, playing Pokémon Go, on common property near the clubhouse of River Walk Association, when Continue ReadingVirginia family of shooting victim files wrongful death lawsuit against HOA, Security company, and guard→