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)

HOA, condo & co-op case law and litigation highlights (April/May 2019)

Case law books court legal appeal

By Deborah Goonan, Independent American Communities Spring highlights: Fair Housing Act violations, important HOA priority lien opinions, reversal of an Idaho jury decision, and more proof that HOAs and developers must abide by their own governing documents.   HOA, CC&Rs cannot banish Adult Foster Care home from community Unpublished opinion, State of Michigan Court of Appeals Appellate Court rules that Michigan HOAs cannot use deed restrictions on use of property to exclude certain Adult Group Continue ReadingHOA, condo & co-op case law and litigation highlights (April/May 2019)

New Jersey HOA, condo law will impact assessment liens, priority, & homeowner rights

By Deborah Goonan, Independent American Communities The New Jersey Legislature recently passed important amendments to condominium and homeowners association lien priority law. If signed by Governor Murphy, condo associations will gain greater access to past due assessments, and HOAs in planned communities will be able to claim priority lien status for the first time. Cooperative associations will not be subject to priority lien status. Read Assembly Bill A5002. (Senate Bill S3414 merged with A5002)   Continue ReadingNew Jersey HOA, condo law will impact assessment liens, priority, & homeowner rights

Battle HOA for super priority lien supremacy continues

scales-of-justice-court-legal

By Deborah Goonan, Independent American Communities Updates on the status of the HOA super priority lien. In a post entitled Is the HOA Priority Lien necessary and beneficial? (June 9, 2016), I made the case against the HOA super priority lien as a tool for associations and real estate investors to extinguish or “wipe out” bank liens for first mortgages. Based upon documented facts provided in the article, I concluded that Community Association Institute’s (CAI) argument Continue ReadingBattle HOA for super priority lien supremacy continues