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

Case law books court legal appeal

By Deborah Goonan, Independent American Communities   The courts weigh in on excess HOA foreclosure sale proceeds, HOA assessments as consumer debts, disclosure document fees, HOA election bylaws, and CC&R amendments. Arizona Court rejects investor’s claim for excess sale proceeds following HOA foreclosure An investor, Patterson Commercial Land Acquisition & Development, LLC, purchased a home for $42,000 at an HOA foreclosure sale, paying off a $14,000 HOA lien. Incredibly, Patterson then filed a claim to Continue ReadingHOA, condo & co-op case law and litigation highlights (Fall 2019)

HOA, condo & co-op news digest (Dec. 1, 2019)

By Deborah Goonan, Independent American Communities HOA news highlights for homeowners, residents, housing advocates, and stakeholders in the HOA industry. Florida A well-written report of the futility of being the “condo critic.” Johnny Ray, 59, A retired resort developer from Michigan, purchased a condo at 3360 S. Ocean Blvd. several years ago, with the intent to retire to sunny South Florida. But he soon discovered a plethora of problems with the way the board was Continue ReadingHOA, condo & co-op news digest (Dec. 1, 2019)

Georgia homeowners caught in web of ‘unfair’ HOA collections and foreclosures

By Deborah Goonan, Independent American Communities This week, in response to an 11Alive investigation into shady HOA foreclosures, an HOA-industry trade group attorney in Georgia defends the indefensible. Woman loses home at HOA foreclosure sale for $3.24 As reported by Rebecca Lindstrom of 11Alive, Patricia Quigley has paid thousands of dollars to the Eagle Watch HOA in Cherokee County. But, somehow, she was never able to pay off the debt, ultimately losing her home to Continue ReadingGeorgia homeowners caught in web of ‘unfair’ HOA collections and foreclosures

HOA, condo state laws change homeowner rights (Nov. 2019)

By Deborah Goonan, Independent American Communities Debgoonan@icloud.com California provides increased protection against housing discrimination for military families; Florida considers bill to rein in power of CDDs to create new bond obligations for homeowners; Hawaii reverses course on condo owner protection from nonjudicial foreclosure.   California Housing providers cannot discriminate due to Veteran, military status SB 222 makes it a violation of civil rights to engage in housing discrimination based upon Veteran or military status, offering Continue ReadingHOA, condo state laws change homeowner rights (Nov. 2019)