Lawsuit against Bella Collina HOA falls apart

By Deborah Goonan, Independent American Communities   Sometimes a bitter homeowner’s association dispute is not what it seems. Readers may recall a previous post about Bella Collina, an exclusive planned golf resort community near Orlando. In March of 2017, the Orlando Sentinel reported that lot owners in Bella Collina of Monteverde (near Clermont), Florida, filed a proposed class action lawsuit against developer Dwight Schar. The lawsuit alleged racketeering on the part of the developer, and accused Schar Continue ReadingLawsuit against Bella Collina HOA falls apart

Advertisements

Texas homeowners file class action lawsuit against developers

La Bota Ranch homeowners demand representation on the board of directors, full accounting of records, and unspecified financial damages By Deborah Goonan, Independent American Communities Industry trade groups for association-governed communities keep telling home buyers and state legislators that homeowners, condominium, and cooperative associations are governed by a group of their neighbors. But that is not always true. In many cases, HOAs are controlled by the developer (also known as the Declarant, in legal terms) Continue ReadingTexas homeowners file class action lawsuit against developers

Hawaii US District Court rules that nonjudicial condo association foreclosures were unlawful

By Deborah Goonan, Independent American Communities Is the tide turning against nonjudicial foreclosure of HOA or condominium association liens? Real estate investors and condominium associations throughout Hawaii are reeling after U.S. District Court Judge Leslie Kobayashi published a decision that nonjudicial foreclosure of condominium assessment liens were illegal under state law. During the recent mortgage crisis and economic slump, some attorneys for condo associations interpreted the Aloha State’s law to allow a streamlined process for foreclosing Continue ReadingHawaii US District Court rules that nonjudicial condo association foreclosures were unlawful

Will class action lawsuit defeat the HOA culture of corruption?

By Deborah Goonan, Independent American Communities Buyers of luxury real estate expect a lot for their money. And when they believe they’ve been ripped off, they sometimes sue the responsible party. The Orlando Sentinel just reported that lot owners in Bella Collina of Monteverde (near Clermont), Florida, have filed a proposed class action lawsuit against developer Dwight Schar. According to a news release posted on Bella Collina’s website, Schar is a co-owner of the Washington Redskins, Continue ReadingWill class action lawsuit defeat the HOA culture of corruption?