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 …

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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, …

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 …

HOA battles: homeowners stand up for their rights

By Deborah Goonan, Independent American Communities Two great articles to share today! Despite rumors you may have heard about apathy in HOAs, homeowners in Arizona and California are standing up for their rights, and going public with their fights against injustice.   California man takes a stand for free speech Patrick Foley, a San Diego …

HOA, condo & co-op corruption, fraud & theft roundup (Aug. 2018)

By Deborah Goonan, Independent American Communities   Lawsuit filed in condo association theft case By JOHN BURNETT Hawaii Tribune-Herald | Sunday, August 19, 2018, 12:05 a.m. HILO — A Hilo condominium owners’ association is suing a former vice chairman of the state Real Estate Commission and his wife for allegedly embezzling about $120,000 in funds. …

Despite 50-year anniversary of 1968 Fair Housing Act, discrimination plagues HOAs, retirement communities

By Deborah Goonan, Independent American Communities This month, IAC shares four new reports of housing discrimination involving a variety of privately-governed communities. FL Attorney General takes on condo association in Fair Housing discrimination lawsuit It’s rare to see an Attorney General investigate complaints involving association-governed communities. But in this case, Pam Bondi ended up with the …

Even rural Wyoming ranchette homes are burdened by HOA rules

RULE blackboard authority Know the rules

Long-time homeowners and HOA locked in a bitter legal dispute over paint colors By Deborah Goonan, Independent American Communities The other day I posted an explanation as to why people who hate rules end up living in HOAs. Today’s featured news article illustrates by example, what happens when the majority of newer homes in the …