Two U.S. citizens score important court victories related to HOAs

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By Deborah Goonan, Independent American Communities debgoonan@icloud.com A Nevada HOA cannot reverse negligent misrepresentation verdict, and a federal court upholds First Amendment rights of the public on private streets. Nevada Supreme Court rules in favor of homeowner, affirms 2017 jury verdict of ‘negligent misrepresentation’ against HOA In 2003, Jonathan Friedrich purchased a home in the Rancho Bel Air neighborhood of Las Vegas. At the closing, the homeowner was presented with a copy of Covenants,   Continue ReadingTwo U.S. citizens score important court victories related to HOAs

HOA, condo & co-op case law and litigation highlights (Fall 2019)

Case law books court legal appeal

By Deborah Goonan, Independent American Communities   The courts weigh in on excess HOA foreclosure sale proceeds, HOA assessments as consumer debts, disclosure document fees, HOA election bylaws, and CC&R amendments. Arizona Court rejects investor’s claim for excess sale proceeds following HOA foreclosure An investor, Patterson Commercial Land Acquisition & Development, LLC, purchased a home for $42,000 at an HOA foreclosure sale, paying off a $14,000 HOA lien. Incredibly, Patterson then filed a claim to Continue ReadingHOA, condo & co-op case law and litigation highlights (Fall 2019)

HOA, condo & co-op case law and litigation highlights (April/May 2019)

Case law books court legal appeal

By Deborah Goonan, Independent American Communities Spring highlights: Fair Housing Act violations, important HOA priority lien opinions, reversal of an Idaho jury decision, and more proof that HOAs and developers must abide by their own governing documents.   HOA, CC&Rs cannot banish Adult Foster Care home from community Unpublished opinion, State of Michigan Court of Appeals Appellate Court rules that Michigan HOAs cannot use deed restrictions on use of property to exclude certain Adult Group Continue ReadingHOA, condo & co-op case law and litigation highlights (April/May 2019)