Missouri HOA threatens foreclosure over classic pickup truck

HOA extortion definition

By Deborah Goonan, Independent American Communities To Andy Lipka, the worn painted surface of his classic 1965 Ford F250 pickup truck is a desirable “patina.” But to his Chesterfield neighborhood HOA, it’s rusty and unsightly. The HOA wants Lipka to stop parking the truck in his driveway. They say HOA rules don’t allow residents to park vehicles with body damage. And they’re absolutely serious about enforcing the HOA rule. So far, according to a KMOV Continue ReadingMissouri HOA threatens foreclosure over classic pickup truck

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   HOA, CC&Rs cannot banish Adult Foster Care home from community Unpublished opinion, State of Michigan Court of Appeals Appellate Court rules that Michigan HOAs cannot use deed restrictions on use of property to exclude certain Adult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

Indiana: HOA mandatory mediation bill tacked onto solar energy bill

HOA conflict fight

On April 5th, I posted an article about Indiana HB 1138, which proposes that, if either an HOA or a homeowner requests mediation, the other party is mandated to submit to mediation before either party can file a lawsuit in civil court. Meanwhile, later that day, the Senate Judiciary Committee posted an amended version of HB 1331, a bill drafted to address HOA restrictions on solar energy systems. Dubbed the solar energy bill, HB 1331 now Continue ReadingIndiana: HOA mandatory mediation bill tacked onto solar energy bill