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

Arizona Legislative updates: Assessments, HOA foreclosure, Condominium Association termination (2019)

Property does not have rights People do

By Deborah Goonan, Independent American Communities Updated May 16, 2019 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 HB2374 and SB1094 HB2374 Planned Communities; applicability; recreation center Sun Cities Recreation Centers heavily promoted HB2374, and then SB1094, for the express purpose of exempting themselves from compliance with Arizona Planned Communities Act. As of March 23, according Continue ReadingArizona Legislative updates: Assessments, HOA foreclosure, Condominium Association termination (2019)

Will AZ Senate amend HOA foreclosure bill as promised?

By Deborah Goonan, Independent American Communities A few weeks ago, in Part 1 of the February legislative updates, I told you about a controversial foreclosure bill sponsored by Arizona Senator David Farnsworth. As currently drafted, homeowner rights advocates agree: homeowners with past due HOA assessments, on payment plans the HOA, would end up paying collection attorneys fees first, ahead of their HOAs. SB 1531, was originally proposed by AACM, Arizona Association of Community Managers. It Continue ReadingWill AZ Senate amend HOA foreclosure bill as promised?

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