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)

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

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

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

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