HOAs, condos, & co-ops: Quasi-governments or ‘contractual communities’?

By Deborah Goonan, Independent American Communities   In 2012, California Attorney Tyler Berding published an article on his website, Condo Issues, making his case that an association governed community is purely ‘contractual.’ In Berding’s opinion, ‘community associations’ are not governments, because, in theory, members voluntarily agree to CC&Rs and Bylaws for the good of the …

Advertisements

HOA, condo, co-op litigation and case law news (Aug./Sept. 2018)

Case law books court legal appeal

By Deborah Goonan, Independent American Communities Highlights of court rulings on legal disputes between association-governed communities and their members or third parties.  This South Carolina case should serve as a home buyer beware warning. When you buy into a golf community, or any other amenity-rich community, subject to Covenants, Conditions, & Restrictions that require club …

Condo owners mulling cheaper solution to stop Millennium Tower from sinking and tilting

Google satellite image of Millennium Tower San Francisco

By Deborah Goonan, Independent American Communities San Francisco’s Millennium Tower has gained notoriety for sinking 18-inches into the soil beneath the mammoth structure, causing the building to tilt to one side. For several years, condo owners and the homeowners association have been engaged in legal battles with the developer. Both sides conducted various invasive tests …

Marina owner’s lawsuit against HOA disputes access to community pool

Pano-Boat-yacht-marina

By Deborah Goonan, Independent American Communities   Did you know that condominium associations are not just for apartment-style homes and townhouses? The condominium governance structure is also used for non-residential property such as storage units, garages, and boat slips in a marina. For example, Half Moon Bay in Croton-on-Hudson (NY) is a common interest community …

Studies conclude that HOAs, CC&Rs have little to no impact on property values of mature communities

  By Deborah Goonan, Independent American Communities   I recently became aware of a white paper produced for trade group Community Associations Institute in 2015. Today’s post shares highlights and analysis of the study entitled, The Impact of Community Associations on Residential Property Values: A Review of the Literature. (Prepared by: Erin A. Hopkins, Assistant Professor, Virginia Tech, …

One year later: Recovery of condos & HOAs after Hurricane Harvey (TX)

By Deborah Goonan, Independent American Communities One year after Hurricane Harvey devastated entire neighborhoods in the Houston area, several association-governed, common interest communities are struggling to recover. A slow, uncertain recovery for The Pines Condominium At the Pines Condominium, ground floor units were flooded with several feet of water contaminated by raw sewage. According to …

HOA, condo owners often pay for deferred maintenance of previous owners

Now or later sign delay Deferred maintenance

By Deborah Goonan, Independent American Communities Yesterday I wrote about several recently enrolled bills in California, that directly affect owners of property in association-governed communities. One of those bills, SB 721, was originally intended to apply to condominiums, but was ultimately amended by Legislators to apply only to owners of apartment home communities. SB 721 began …

Important California HOA, condo, coop legislation updates (Sept. 2018)

Vote HOA election scrabble

By Deborah Goonan, Independent American Communities Updated September 6, 2018 7:22 PM The 2018 legislation session ended with some good, and some not so good new laws for Californians residing in common interest developments. The following 4 bills are currently enrolled, awaiting approval of Governor Jerry Brown. AB 2912 passed with near unanimous support from …

Three factors that create perceived “need” for association-governed housing

By Deborah Goonan, Independent American Communities Ever wonder why most new construction and redevelopment in the past 20-30 years is part of a common interest community with a mandatory membership homeowners or condominium association? Contrary to real estate industry pubic relations efforts, the institutionalization of private governance of communities — both residential and mixed-use — …

It’s time to deregulate homeowners and restore private property rights

By Deborah Goonan, Independent American Communities   Legislative sessions are winding down across the U.S. And some states, once again, considered bills that are intended to rein in abuse and corruption of a virtually unregulated industry: association-governed, common interest communities, more commonly known as homeowners’ associations or HOAs. As explained in a previous post Recipe for …