Is the tide turning with respect to private property rights of HOA residents?

usa-sign-welcome-America

By Deborah Goonan, Independent American Communities This Independence Day, IAC reflects upon recent events that indicate that the courts and real estate developers are rethinking the management industry’s decades-old attempt at restricting property rights by way of restrictive covenants. Residents of property governed by homeowners’ associations are increasingly challenging the HOA’s rights to enforce restrictive …

Should neighborhood covenants and HOAs last forever?

Across the U.S., a disturbing trend is taking place. The HOA industry is quietly making it possible to preserve CC&Rs — or revive them after expiration — without consent of all homeowners.   Correction (March 12, 2018): a previous version of this post noted that a majority of affected parcel owners attending a meeting could vote …

Co-op and condo nightmares in New York gain national attention

By Deborah Goonan, Independent American Communities   Articles like When a Co-op Board Misbehaves, in the The New York Times, play a key role in mainstreaming public awareness of corruption, abuse of power, and dysfunction in association-governed, common interest communities. Finally, condo owners and co-op shareholders who, for many years, have endured conflicted and abusive board members …

Do Americans truly want homeowner and condo associations?

Quote Get what you want get rid of what you dont

By Deborah Goonan, Independent American Communities   You may have seen reports of “objective” surveys that reveal that the majority of Americans who reside in homeowners,’ condominium, and cooperative associations are “overwhelmingly satisfied” with their overall community experience. But don’t put too much faith in HOA satisfaction surveys, especially those conducted by and for Community …

MI House bill would nullify condo bylaws with respect to membership vote to commence lawsuits

By Deborah Goonan, Independent American Communities   Should a condo board have sole authority to initiate lawsuits on behalf of co-owners of the association? Specifically, should a condo board be required to obtain a vote of co-owners in the association prior to either: suing a member for covenant violations or commencing litigation against a developer …

MA: Important legal victory for condo homeowners dealing with shoddy construction

Developers cannot shield themselves from liability for construction defects by limiting right to sue   By Deborah Goonan, Independent American Communities   For the past several years, I have written dozens of posts about construction defect claims brought by homeowners and condo associations. Many IAC posts highlight the fact that developers and home builders attempt …

What is the root cause of HOA dysfunction?

By Deborah Goonan, Independent American Communities     To solve any problem, it helps to identify its cause or causes. So as we attempt to tackle social and economic problems plaguing many of our association-governed, common interest communities, we need to look beyond the increasingly obvious abuse and HOA horror stories, and recognize that we …

Private property rights should trump developer’s right to control communities

Why does U.S. housing policy allow developers to control the future of millions of property owners and residents in homeowners, condominium, and cooperative associations?   By Deborah Goonan, Independent American Communities Check out my link below to today’s post from the Admin of the Build a Better Diamondhead Facebook page. Diamondhead, Mississippi, has been incorporated as a …

Where are they now? Updates on HOA, condo, co-op disputes

 By Deborah Goonan, Independent American Communities Updates on HOA, condo, co-op disputes Poinciana, Florida (Osceola and Polk Counties) Homeowners and residents in Poinciana have encountered one obstacle after another, as explained in several previous posts. Now Keith Laytham, Friends of Poinciana Villages, has set up a GoFundMe page to raise money to continue their legal …

Reader’s Choice 2017: Homeowner-attorney prevails legal case against Centex of Pulte Group

It’s that time of the year. For the rest of the year, I’ll be reposting the 10 most read articles here on IAC. Thanks for following, reading, and sharing. Special thanks to readers who have provided inspiration for blog topics, and for those who have been willing to share their personal HOA stories. Public awareness …