Notable HOA lawsuits (August 2019)

Gavel and legal books lawsuit court

By Deborah Goonan, Independent American Communities   This month: Allegations of fraudulent HOA foreclosures; derivative lawsuit involving elite golf community; CA Supreme Court considers issue of voter apathy; condo association accused of skipping elections; family sues after child drowns in community swimming pool; HOA lawsuit over alternating paint color scheme settled out of court.  Dozens of former owners sue their condo association over fraudulent foreclosures (TX) At least 30 current and former owners of units Continue ReadingNotable HOA lawsuits (August 2019)

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

Case law books court legal appeal

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)

Why won’t Libertarian advocacy groups speak out against HOA abuse?

scales-of-justice-court-legal

An Opinion By Deborah Goonan, Independent American Communities Last month, IAC published a post comparing cities and HOAs that rely heavily on fining their residents to generate cash for their communities. Today’s post follows up with an important question. Why do Libertarian-leaning think tanks express contempt and outrage about local government’s Eighth Amendment violations against its residents, yet completely ignore the same behavior committed by HOAs against its residents?   City fines homeowner $30K, files Continue ReadingWhy won’t Libertarian advocacy groups speak out against HOA abuse?

Arizona HOA, condo, co-op legislation update (End of session 2019)

Property does not have rights People do

By Deborah Goonan, Independent American Communities End of session summary of several bills impacting HOA-governed communities, tracked by Arizona Homeowners Coalition (AZHOC). Subjects: Applicability of Planned Community Act, HOA foreclosure, Condominium Association termination. A mixed bag for homeowner rights in Arizona’s association —governed common interest communities. Click on “continue reading” below for updates. Arizona Legislative updates: Assessments, HOA foreclosure, Condominium Association termination (2019)