A tale of two HOAs plagued by construction defects

By Deborah Goonan, Independent American Communities J Have you noticed a pattern with widely publicized media reports of construction defect settlements? They almost always seem to involve high end condo associations, with owners that can afford to hire the best attorneys to go up against prominent developers and architecture firms. Settlements in the millions create good publicity for construction defect attorneys, after all. But what about owners of modest means, or low-income owners of affordable Continue ReadingA tale of two HOAs plagued by construction defects

Builders deny construction defects, blame Daybreak HOA for improper maintenance

By Deborah Goonan, Independent American Communities A few weeks ago, I featured a news report from Daybreak HOA, South Jordan, Utah, where homeowners of relatively new homes face a huge special assessment needed for extensive repairs. (See Daybreak HOA faces $23M assessment, some owners at risk of losing homes) Well, since the HOA has filed a lawsuit against home builders Holmes Homes and Hamlet Homes, both companies have gone on record denying responsibility for shoddy construction, Continue ReadingBuilders deny construction defects, blame Daybreak HOA for improper maintenance

Colorado: DR Horton loses another lawsuit, construction defect reform bill advances

By Deborah Goonan, Independent American Communities   One HOA in The Conservatory neighborhood of Aurora was recently awarded $13.5 million in arbitration with D.R. Horton. The construction defect claim was for reconstruction of a groundwater underdrain system that has caused basement flooding in the past. D.R. Horton had refused to repair the drainage system, leading to the HOA’s decision to file a lawsuit.   Aurora HOA wins $13.5 million award in dispute with Texas homebuilder Continue ReadingColorado: DR Horton loses another lawsuit, construction defect reform bill advances

Unaccountable developers create big problems for condo, homeowner associations

By Deborah Goonan, Independent American Communities   Let’s talk about one of the most glaring unintended consequences of enabling real estate developers to control residential communities large and small: no accountability to housing consumers. Allow me to explain. Prior to the 1980s and 1990s, a buyer could purchase a new home from a builder without being forced to “agree” to membership in a mandatory, covenant burdened, deed restricted, association-governed community. Each new home, even if Continue ReadingUnaccountable developers create big problems for condo, homeowner associations