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 …

Colorado homeowners, HOA going after bankrupt developer

Court law legal books gavel

Homeowners left with flooded back yards, after developer fails to build retaining wall to divert stormwater By Deborah Goonan, Independent American Communities Imagine purchasing a brand new home, but, shortly after you move in, the developer declares bankruptcy and walks away before completing your community’s infrastructure. It happened to homeowners of a Monument, Colorado subdivision. …

Majorca Isles settles for $11M from D.R. Horton

Settlement follows October 2016 judgment for $16.3 By Deborah Goonan, Independent American Communities   According to the lawsuit that concluded in October 2016, Majorca Isles was approved as low to moderate income housing (up to 681 units) organized as individual condo associations with an umbrella Master Homeowners Association. Most of the mortgages were FHA insured. …

HOA homes lose value when developers, builders don’t follow through

One builder dumps unfinished roads on HOA, another home builder files bankruptcy By Deborah Goonan, Independent American Communities In Madison County, Mississippi, home construction in the Chestnut Hill subdivision, which began in 2007, is only halfway completed. According to recent reports in the Northside Sun, only 50 of 100 planned homes have been built, and …

Michelle Germano finally free from contaminated condo

By Deborah Goonan, Independent American Communities Today, a ray of hope, seven years in the making. You may recall Michelle Germano, the Virginia woman battling with Harborwalk Condo Association over unpaid assessments for her uninhabitable home, which was contaminated by Chinese drywall. Last September, Germano's struggle was covered by the Virgina Pilot. At the time, …

HarborView condo (MD) files bankruptcy following legal dispute over mold

By Deborah Goonan, Independent American Communities Even luxury condominium associations face financial risks. HarborView Towers condo association in Baltimore's inner Harbor recently filed for bankruptcy. The tower of 249 units was constructed in 1993. But in 2010, a penthouse owner, Paul G. Clark, sued the association when a leaky roof caused extensive damage to his …

More on One Person, One Vote

By Deborah Goonan Yesterday I featured a blog by Ward Lucas highlighting a documentary by the Annenberg Foundation. Here's the link to the documentary again: http://www.annenbergclassroom.org/page/one-person-one-vote In this documentary, Justices Sandra Day O’Connor and Stephen G. Breyer and other experts discuss how the principle of one person, one vote emerged from a series of landmark …

Criminal complaints filed in condo catastrophe

Posted by Deborah Goonan Commentary: Bob Norman is one of Florida's top notch investigative reporters on HOA, Condo, and Co-op issues in South Florida. Unfortunately, there are plenty of problems to keep him busy. The latest allegations involve the apparent theft or misappropriation of $800,000 from Jade Winds Condominium in Miami Beach. This is a …

Years after vacating their homes, borrowers still can be stuck with HOA fees

Originally published in Tampa Bay Times By Susan Taylor Martin (June 16, 2015) Seven years ago, Renee Abuton realized she was juggling too much — student loans, car payments, mortgage payments and homeowners association fees. Abuton, then a single parent, declared bankruptcy and let the mortgage company repossess her Pasco County home. Once the company …