By Deborah Goonan, Independent American Communities Who should have the power to decide whether or not to pursue litigation against a condominium developer for defective construction of common property: the condominium association’s board of directors or the entire membership, based upon a two-thirds vote of approval? That is the crucial question currently under consideration by the Michigan Legislature. House Bill 4919, introduced in 2015 by Klint Kesto, was intended to ensure that a condominium board Continue ReadingRecent amendment to Michigan HOA bill prevents suing developer for construction defects
By Deborah Goonan, Independent American Communities Community Associations Institute (CAI) often claims that, by way of representing homeowners, condominium, or cooperative associations, it also represents all homeowners living in Association Governed Housing. But CAI is a trade group made up primarily of community association managers and attorneys. Most of the “homeowner” members are from a select group of HOA board members, rather than HOA members at large. As I have said before, and I’ll say Continue ReadingWhat is CAI’s Public Policy on HOA Construction Defect claims?
By Deborah Goonan, Independent American Communities October 2018 highlights: some state laws won’t apply to your HOA; Associations hiring Private Eyes to collect delinquent dues; owners can’t sue the HOA attorney; California coastal access rights protected; updates to CA law with regard to construction defect lawsuits. Some Florida statutes not retroactive Depending on how their governing documents are written, older Floridian condo associations do not necessarily need to follow recently enacted laws with regard to Continue ReadingHOA, condo & co-op case law, litigation highlights (October 2018)
By Deborah Goonan, Independent American Communities Maryland More powers for condo boards? SB 529 would grant additional power to condominium boards (councils) to amend Bylaws to allow common element restrictions for owners delinquent in payment of assessments. The Bylaw amendments would be voted on by a majority of board members, without any input from unit owners. Common elements can include amenities such as the pool or fitness room, but also shared laundry facilities and parking Continue ReadingHOA legislation updates -March 2017 (MD, UT, CA )