Utah: State Legislator battles her own HOA over outrageous fees, fines

No money empty pockets poor

Meanwhile, most developers set HOA fees artificially low, and association-governed communities remain virtually unregulated   By Deborah Goonan, Independent American Communities   A report from KSL-TV highlights the trouble with association-governed communities — unpredictable fees, and internal community conflict when members fight about how to spend or save their collective money. Townhome owner Amanda Collins complains that her dual HOA fees (one for her townhome association, and one for the master association) have doubled in ten Continue ReadingUtah: State Legislator battles her own HOA over outrageous fees, fines

Tenant, owner nightmares continue with leaky, moldy condos

No money empty pockets poor

The Worthington, Marietta, faces huge financial challenges By Deborah Goonan, Independent American Communities   Here’s another typical “affordable” condominium residential community near the end of its life cycle – The Worthington Condominiums, located in Marietta, Georgia. Cobb County records indicate that The Worthington consists of two buildings at 1960 and 1962 Spectrum Circle, both constructed in 1985. There are 188 units in two 7-story buildings, available in several floor plans with one to three bedrooms. Active Continue ReadingTenant, owner nightmares continue with leaky, moldy condos

HOAs, condos, & co-ops much more than ‘contractual communities’

HOA homes sidewalk

By Deborah Goonan, Independent American Communities   Last week several readers forwarded a link to California Attorney Tyler Berding’s opinion that association governed communities are ‘contractual.’ Berding makes his case that even though common interest communities appear to have qualities in common with government, they are purely contractual in nature. The Contractual Community Why Community Associations Are Not “Governments” By Tyler P. Berding, JD., Ph.D. Excerpt: Most of the law of community associations, both common Continue ReadingHOAs, condos, & co-ops much more than ‘contractual communities’

Here’s why it’s misleading to claim homeowners,’ condo, & co-op associations are ‘contractual’ communities

Property does not have rights People do

In response to renewed online discussion of the function and nature of association-governed, common interest communities, I am reposting an article from June 5, 2015.  Deborah Goonan, Independent American Communities In a recent lengthy online discussion forum, on the topic of an Association’s rules regarding display of flags, there was some vigorous back and forth about the fact that Association-controlled communities are controlled primarily by the CC&Rs contract (or Declaration of Condominium), rather than Constitutional Continue ReadingHere’s why it’s misleading to claim homeowners,’ condo, & co-op associations are ‘contractual’ communities