Don’t count on your HOA to enforce nuisance rules

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By Deborah Goonan, Independent American Communities Do you believe that HOA covenants, restrictions and rules help keep a neighborhood looking neat and tidy, discourage your neighbors from behaving badly, and foster some sense of community? If so, read on. All too often, we hear reports of overly restrictive HOA enforcement of rules. HOAs have been known to fine and sue homeowners over trivial “violations of standards” that range from painting the front door an unapproved Continue ReadingDon’t count on your HOA to enforce nuisance rules

HOA Issue #5: Is your HOA legally obligated to maintain the common areas?

When you purchased your HOA home, were you sold on a low-maintenance lifestyle? NJ and IN courts rule on duties of homeowners, condo associations.   By Deborah Goonan, Independent American Communities   When you purchased your house, condo, or co-op apartment, you were probably sold on the idea of a low-maintenance lifestyle, enticing amenities, or lush common green spaces. But I often hear from homeowners and residents that the common areas are not properly maintained Continue ReadingHOA Issue #5: Is your HOA legally obligated to maintain the common areas?

HOA, condo & co-op litigation and case law highlights (Dec. 2018)

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By Deborah Goonan, Independent American Communities December 2018 HOA litigation and case law highlights: business judgment rule, assessment collection following bankruptcy, and HOA foreclosure rights and limitations. How Is The Business Judgment Rule Applied To Board Actions? by Husch Blackwell LLP November 14, 2018 The Business Judgment Rule can be a great protection for condo and HOA boards—but only if the board is following the documents. Facts. The Declaration for an HOA stated that the Continue ReadingHOA, condo & co-op litigation and case law highlights (Dec. 2018)

Holding HOAs, developers, and your city government accountable

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By Deborah Goonan, Independent American Communities Sometimes it can be difficult to determine who should be held accountable for addressing community-related complaints.  What would you do, if faced with these dilemmas?   In one New York State community for adults age 55 and better, homeowners are taking their concerns about an unresponsive developer directly to their local town council. The homeowners’ association packed Town Hall with residents, and made it clear that the Town should Continue ReadingHolding HOAs, developers, and your city government accountable