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

By Deborah Goonan, Independent American CommunitiesDecember 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 …

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 …

Where does my money go? Owners frustrated with unaccountable condo, HOA leaders

By Deborah Goonan, Independent American Communities   A collection of association-governed communities that don’t listen to members and fail to take care of the property the are supposed to maintain.  Residents of Del Webb Community complain of mold By deannerobertswcbd Published: February 9, 2018, 7:08 pm SUMMERVILLE, S.C. (WCBD) – Berkeley County homeowners in the …

Is your HOA legally obligated to maintain the common areas?

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 …

Judge calls DR Horton “greedy corporate giant” in HOA lawsuit

By Deborah Goonan, Independent American Communities Yesterday I shared the news of Millennium Tower, a luxury condo tower in San Francisco that is rapidly sinking into the ground, and the subject of several lawsuits. Units in Millennium Tower sold for at least a half million dollars, with penthouse units selling in the millions, but now …

Atlanta’s Channel 11 Alive exposes more HOA hell

  By Deborah Goonan, Independent American Communities   Rebecca Lindstrom of 11 Alive (Atlanta) just completed an investigative report of HOAs, part of the station's "Keeping the Powerful Accountable" series. The report highlights several facts about HOA living: HOAs have considerable power and control of homeowners Assessments or "dues" must be paid in full and …

Do homeowners get the HOA board they deserve?

By Deborah Goonan, Independent American Communities Thomas Jefferson. (n.d.). AZQuotes.com. Retrieved September 30, 2016, from AZQuotes.com Web site: http://www.azquotes.com/quote/1136694   You've probably heard this before: in an HOA, homeowners get the board they deserve. It's often uttered by HOA industry spokespersons, along with the tired lament about how apathy is destroying Association Governed Housing. If …

Critical need for consumer-friendly HOA disclosure

By Deborah Goonan, Independent American Communities Yesterday I read two very important articles on the subject of disclosure documentation and information made available to home buyers of property in Association Governed residential communities. (Homeowners, condominium, and cooperative associations.) Both articles addressed the need for home buyers to perform due diligence when evaluating not just the …

Homeowners fight HOA developers still in control of communities

By Deborah Goonan, Independent American Communities One of the biggest myths perpetuated by homeowners' association (HOA) industry trade groups - among them Community Associations Institute (CAI) - is that homeowners freely and democratically elect their Board of Directors/Trustees from amongst their neighbors. Nonsense. While a democratically-elected HOA Board might be the ultimate, ideal goal, reality …

Illinois Legislature fails to consider legal protections for condo owners

By Deborah Goonan, Independent American Communities According to Chicago attorney Norman Lerum, Illinois condominium owners have the deck stacked against them when it comes to resolving civil disputes with their condo associations. Even in cases where it can be proven that a condo board has failed to meet its fiduciary duty, owners cannot recover their …