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

Gavel and legal books lawsuit court

By Deborah Goonan, Independent American Communities December 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 boards—but only if the board is following the documents. Facts. The Declaration for an HOA stated that the Continue ReadingHOA, condo & co-op litigation and case law highlights (Dec. 2018)

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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 have been known to fine and sue homeowners over trivial “violations of standards” that range from painting the front door Continue ReadingDon’t count on your HOA to enforce nuisance rules

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 unit, including mold infestation. The matter was settled in Arbitration in 2011, but the condo association failed to fulfill its Continue ReadingHarborView condo (MD) files bankruptcy following legal dispute over mold

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 for polite company and he may have skipped etiquette classes in school but the point is, his RIGHT to use Continue ReadingMinnesota Judge upholds Free Speech in HOAs