Category Archives: HOA litigation and case law

Who’s suing the HOA now? (Jan 2019)

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By Deborah Goonan, Independent American Communities This month’s collection of lawsuits filed against HOAs includes Fair Housing Act violations, condo residents made ill due to mold in the common areas, and a homeowner’s request to de-annex his home from the HOA.   Florida Suit Against Association for Emotional Support Animal Denial Sends Message to Fla. Condos, HOAs These new policies and signs have raised awareness of the perceived abuse of ESAs by people trying to Continue ReadingWho’s suing the HOA now? (Jan 2019)→

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HOA Issue #1: Anyone can sue an HOA, and it can cost homeowners millions

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Jury ruled Lamplight Village at Centennial Springs HOA should pay $20 million to Plaintiff in personal injury lawsuit involving playground equipment By Deborah Goonan, Independent American Communities   Many housing consumers don’t understand the hidden risks of buying into a mandatory membership homeowners,’ property owners,’ condominium, or cooperative association. One substantial risk is that owners and shareholders assume financial liability for legal expenses of their association, whether the HOA sues or finds itself as a Continue ReadingHOA Issue #1: Anyone can sue an HOA, and it can cost homeowners millions→

HOA Issue #4: AZ court ruling on HOA power to fine: a game changer in the industry?

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Oct. 2017: Arizona appeals court rules that, before an HOA can legally fine a resident, it must first publish a schedule of reasonable fines. HOA attorney complains that new court ruling makes it difficult to impose monetary fines By Deborah Goonan, Independent American Communities In October, 2017, an Arizona appeals court ruled that, before an association-governed community can legally fine a resident for a violation of Covenants, Conditions, & Restrictions (CC&Rs) or applicable Rules and Continue ReadingHOA Issue #4: AZ court ruling on HOA power to fine: a game changer in the industry?→

HOA Issue #5: Is your HOA legally obligated to maintain the common areas?

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When you purchased your HOA home, were you sold on a low-maintenance lifestyle? NJ and IN courts rule on duties of homeowners, condo associations.   By Deborah Goonan, Independent American Communities   When you purchased your house, condo, or co-op apartment, you were probably sold on the idea of a low-maintenance lifestyle, enticing amenities, or lush common green spaces. But I often hear from homeowners and residents that the common areas are not properly maintained Continue ReadingHOA Issue #5: Is your HOA legally obligated to maintain the common areas?→