HOA, condo & co-op case law, litigation highlights (October 2018)

Case law books court legal appeal

By Deborah Goonan, Independent American Communities October 2018 highlights: some state laws won’t apply to your HOA; Associations hiring Private Eyes to collect delinquent dues; owners can’t sue the HOA attorney; California coastal access rights protected; updates to CA law with regard to construction defect lawsuits. Some Florida statutes not retroactive Depending on how their governing documents are written, older Floridian condo associations do not necessarily need to follow recently enacted laws with regard to Continue ReadingHOA, condo & co-op case law, litigation highlights (October 2018)

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Poinciana, one of the largest developer-controlled HOAs in Florida, has a $1M budget shortfall

Is outsourcing assessment collections the answer to community’s financial woes? By Deborah Goonan, Independent American Communities Updated October 1, 2018 Poinciana’s city-sized master homeowners’ association, Association of Poinciana Villages (APV), has been struggling to catch up with its expenses for at least the past decade. The downward spiral began with the last great recession, when thousands of the community’s working class homeowners lost their jobs and fell behind on their monthly HOA assessment obligations. APV Continue ReadingPoinciana, one of the largest developer-controlled HOAs in Florida, has a $1M budget shortfall

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 membership, you cannot simply ‘resign’ and walk away from your obligation to pay Club dues. The ruling is likely to Continue ReadingHOA, condo, co-op litigation and case law news (Aug./Sept. 2018)

HOA, condo, & co-op case law and legal highlights (July 2018)

By Deborah Goonan, Independent American Communities This month’s highlights seem to have a common theme. HOA, condo/co-op statutes offer limited protection for housing consumers, and are a source of mass confusion.   Judge: Illinois condo law not meant to control ‘reasonable’ fees for electronic condo sale documents Excerpts: A Chicago federal judge has tossed a putative class action lawsuit by a trio of onetime suburban condominium owners, who alleged they paid excessive fees for state-required Continue ReadingHOA, condo, & co-op case law and legal highlights (July 2018)