HOA, condo, coop legislation updates (CO, HI, MD, SC Sept. 2018)

By Deborah Goonan, Independent American Communities Colorado HB18-1175 Colorado statute has required licensure for Community Association Managers since July 1, 2015. But that requirement was set to be repealed as of July 1, 2018. This Legislative session, HB18-1175 was introduced to extend manager licensing for another 5 years, until 2023. The bill was considered in the House, where it was amended with new requirements for licensure qualifications, and also allows for an “apprentice” to a Continue ReadingHOA, condo, coop legislation updates (CO, HI, MD, SC Sept. 2018)

HOA, condo, co-op litigation and case law news (Aug./Sept. 2018)

By Deborah Goonan, Independent American Communities Highlights of court rulings on legal disputes between association-governed communities and their members or third parties.  This South Carolina case should serve as a home buyer beware warning. When you buy into a golf community, or any other amenity-rich community, subject to Covenants, Conditions, & Restrictions that require club membership, you cannot simply ‘resign’ and walk away from your obligation to pay Club dues. The ruling is likely to Continue ReadingHOA, condo, co-op litigation and case law news (Aug./Sept. 2018)

Is the tide turning with respect to private property rights of HOA residents?

By Deborah Goonan, Independent American Communities This Independence Day, IAC reflects upon recent events that indicate that the courts and real estate developers are rethinking the management industry’s decades-old attempt at restricting property rights by way of restrictive covenants. Residents of property governed by homeowners’ associations are increasingly challenging the HOA’s rights to enforce restrictive covenants, rules and regulations. Likewise, with increasing frequency, HOAs are compelled to back off of unauthorized or arbitrary enforcement, and Continue ReadingIs the tide turning with respect to private property rights of HOA residents?

HOA, condo, co-op litigation and case law highlights (May 2018)

By Deborah Goonan, Independent American Communities A collection of interesting and important case law from around the U.S. New rulings affecting HOA Collections, foreclosure liens, and rules enforcement in several states across the U.S. MARYLAND’S HIGHEST COURT HOLDS THAT CONDOS MAY NOT BY RULE SUSPEND A UNIT OWNER’S ACCESS TO COMMON ELEMENTS FOR DELINQUENT ASSESSMENTS Posts by Raymond D. Burke, June 27, 2017 The Maryland Court of Appeals has invalidated a rule adopted by a condominium Continue ReadingHOA, condo, co-op litigation and case law highlights (May 2018)