HOAs, condos, & co-ops: Quasi-governments or ‘contractual communities’?

HOA homes sidewalk

By Deborah Goonan, Independent American Communities   In 2012, California Attorney Tyler Berding published an article on his website, Condo Issues, making his case that an association governed community is purely ‘contractual.’ In Berding’s opinion, ‘community associations’ are not governments, because, in theory, members voluntarily agree to CC&Rs and Bylaws for the good of the collective interests of all members and stakeholders. In theory, he says, homeowners can choose to amend or even terminate the Continue ReadingHOAs, condos, & co-ops: Quasi-governments or ‘contractual communities’?

Why did condo board delay informing owners about offer to purchase entire building?

by Deborah Goonan, Independent American Communities State Parkway Condominium, located on the Gold Coast in Chicago, has had more than its share of financial controversy. In July, the Association passed a $500,000 special assessment to cover the cost of ongoing legal fees, most of them related to lawsuits against a single condo owner, and former board member, Michael Novak. Troubles began roughly eleven years ago, when the condo association refused to accommodate the Novak family’s Continue ReadingWhy did condo board delay informing owners about offer to purchase entire building?

Arizona HOA cannot avoid the neighborhood holdout

Highway loop at night

By Deborah Goonan, Independent American Communities   UPDATED: Aug. 7, 2018 10:30 PM   Crazy, crazy, crazy! Here’s an HOA dispute over the sale of common property to accommodate a freeway in the Ahwatukee Foothill region of Arizona. According to the report, state and local government officials knew about future plans for the highway nearly 3 decades ago. Then sometime between 2002 and 2009, the Foothills Reserve community was developed. Ultimately 21 homes were directly Continue ReadingArizona HOA cannot avoid the neighborhood holdout

Chicago condo-to-apartment deconversion trend divides co-owners

By Deborah Goonan, Independent American Communities The more I learn about condo-to-apartment deconversions, also known as (forced) condo terminations, the more I become convinced that no one ever actually “owns” property as a member of a condominium association. Condominium ownership differs from ownership in a homeowners’ or property owners’ association in several ways. And the most important difference comes down to land ownership. In a single family home planned community, while the HOA is a separate Continue ReadingChicago condo-to-apartment deconversion trend divides co-owners