By Deborah Goonan, Independent American Communities You may have seen reports of “objective” surveys that reveal that the majority of Americans who reside in homeowners,’ condominium, and cooperative associations are “overwhelmingly satisfied” with their overall community experience. But don’t put too much faith in HOA satisfaction surveys, especially those conducted by and for Community Associations Institute (CAI), the trade group whose members make their money “serving” association-governed, common interest communities. Think about it. Would Continue ReadingDo Americans truly want homeowner and condo associations?
HOA vs. Golf Club owner lawsuits drag on for years By Deborah Goonan, Independent American Communities Homeowners adjacent to the 27-hole golf course have filed a lawsuit against Lakewood Township Committee, citing potential conflicts of interest and improper handling of the development plan. Department of Environmental Protection just approved a plan to build 1,034 homes on the site, but homeowners — mostly senior citizens — hope to stop the Township from moving ahead with Continue ReadingGolf Course owners and HOAs struggle to find acceptable compromises
By Deborah Goonan, Independent American Communities Should a condo board have sole authority to initiate lawsuits on behalf of co-owners of the association? Specifically, should a condo board be required to obtain a vote of co-owners in the association prior to either: suing a member for covenant violations or commencing litigation against a developer for construction defects? That is the controversial issue addressed by Michigan’s House Bill 4446. Lawsuits against co-owners As introduced, Continue ReadingMI House bill would nullify condo bylaws with respect to membership vote to commence lawsuits
Developers cannot shield themselves from liability for construction defects by limiting right to sue By Deborah Goonan, Independent American Communities For the past several years, I have written dozens of posts about construction defect claims brought by homeowners and condo associations. Many IAC posts highlight the fact that developers and home builders attempt to avoid taking responsibility for shoddy construction, forcing homeowners and leaders of association-governed communities to bear considerable hardship and financial Continue ReadingMA: Important legal victory for condo homeowners dealing with shoddy construction