HOA, condo & co-op litigation and case law highlights (Dec. 2018)

By Deborah Goonan, Independent American CommunitiesDecember 2018 HOA litigation and case law highlights: business judgment rule, assessment collection following bankruptcy, and HOA foreclosure rights and limitations. How Is The Business Judgment Rule Applied To Board Actions?by Husch Blackwell LLP November 14, 2018 The Business Judgment Rule can be a great protection for condo and HOA …

Don’t count on your HOA to enforce nuisance rules

By Deborah Goonan, Independent American Communities   Do you believe that HOA covenants, restrictions and rules help keep a neighborhood looking neat and tidy, discourage your neighbors from behaving badly, and foster some sense of community?   If so, read on. All too often, we hear reports of overly restrictive HOA enforcement of rules. HOAs …

HarborView condo (MD) files bankruptcy following legal dispute over mold

By Deborah Goonan, Independent American Communities Even luxury condominium associations face financial risks. HarborView Towers condo association in Baltimore's inner Harbor recently filed for bankruptcy. The tower of 249 units was constructed in 1993. But in 2010, a penthouse owner, Paul G. Clark, sued the association when a leaky roof caused extensive damage to his …

Minnesota Judge upholds Free Speech in HOAs

By Deborah Goonan, Independent American Communities   Thanks to Shu Bartholomew, the producer and host of On the Commons, a weekly radio show covering issues surrounding homeowners' associations, for passing this article along, with the following comments: "Apparently there is a judge out there somewhere, who gets it... This chap’s language may not be appropriate …

Overgrown hedge at Condo led to child’s death and $12M lawsuit

By Deborah Goonan, Independent American Communities Blog When buyers consider a condominium association, they are often sold on a "carefree, maintenance free" lifestyle. There are promises that someone else will take care of the landscape, cleaning the sidewalks and parking lots, and most exterior maintenance. It can be very enticing for busy professionals or retirees …

Celebrate childhood, good neighbors, and Purple!

Shared by Deborah Goonan Family who owns controversial purple playground celebrates big win against HOA POSTED 10:33 PM, AUGUST 30, 2015, BY MOLLY BALKENBUSH Fox4kc VIDEO: http://fox4kc.com/2015/08/30/family-who-owns-controversial-purple-playground-celebrates-big-win-against-hoa/ LEE’S SUMMIT, Mo. — A neighborhood celebrates a big win, and a happy ending for one family. A judge ruled Friday that a controversial purple playset can stay. …

Who benefits from Lee Summit, MO HOA legal dispute over a purple playset?

Posted by Deborah Goonan Nila Ridings gives us a common sense analysis of the legal dispute over a purple playset, in this guest blog posted on Neighbors at War! $50K Goal For GoFundMe And The Purple Playset guest blog by Nila Ridings The blog I wrote about the Raintree Lake HOA in Lee’s Summit, Missouri …

Can homeowners’ and condo associations be sued for slip and fall sidewalk injuries?

Posted By Deborah Goonan In the state of New Jersey, a Supreme Court judge recently ruled that a resident can sue an Association that failed to clear ice and snow from a sidewalk owned by the Association. That reversed rulings in both trial and appellate courts, where judges had previously ruled that the Condo Association, …

Kingpin of NV HOA fraud scheme sentenced to 15 1/2 years

Posted by Deborah Goonan Originally Published on Neighbors at War By Ward Lucas Nevada Judge Finally Shows Some Guts Well, good old Las Vegas mobster Leon Benzer has finally met justice in his plan to steal millions and millions of dollars from Homeowners Associations. Not much justice, but at least federal judge James Mahan has …

Is the Homeowners Associations house of cards starting to fall?

Originally posted on Neighbors at War Whoa! Is this the Beginning?!? By Ward Lucas There are some scattered court cases which may have an interesting impact on Homeowners Associations, an impact many of us would love to see. From the National Law Review, the West Virginia Supreme Court of Appeals ruled that HOAs are debt …