Does an HOA respect your due process rights? Don’t count on it.

By Deborah Goonan, Independent American Communities This past week, the controversial confirmation of Judge Brett Kavanaugh as Supreme Court Justice had the effect of raising America’s awareness of the importance of due process to the U.S. Justice System. Likewise, it has shined the light upon the principles of our Constitutional Republic. Due process is a …

Chicago condo owners file lawsuit to stop deconversion ‘fraud’

By Deborah Goonan, Independent American Communities Updated October 9, 2018 Note: the updated version of this post corrects the record about Micheline Magharious. Based upon news sources cited at the time of the original post, a previous version of this article mistakenly stated that Magharious was a principal of Marc Realty. I have been informed …

CA Gov. Brown vetoes HOA election reform bills

Vote HOA election scrabble

By Deborah Goonan, Independent American Communities A few weeks ago, IAC updated readers on four bills approved the by California Legislature. In that September 6th, post, I wrote, with regard to two bills, namely SB 1265 and SB 1128: The vigorous debate of these two bills, and substantial amendments in the Legislature, resulted in some …

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

HOA homes sidewalk

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 …

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 …