By Deborah Goonan, Independent American Communities Several months ago, inspired by offline discussions about the root causes of dysfunction and abuse in association-governed communities, I published Recipe for HOA abuse: too much power, no accountability here on IAC. At the time, several states were considering numerous legislative proposals aimed at holding homeowner, condominium, and cooperative associations … More Two keys to ending HOA abuse
By Deborah Goonan, Independent American Communities Updated 9:15 PM EDT Regular readers of IAC know that Poinciana, a large master planned community in Central Florida, has been a hotbed of conflict and controversy for at least the past several years. And that trend continues with the latest motion filed in Polk County circuit court. AV … More Homeowners suing Poinciana’s developer left and right
By Deborah Goonan, Independent American Communities An oversupply of golf courses, many of then integrated into planned communities, has led to hundreds of golf business owners deciding to sell and move on. But what will become of former golf course land? Will the circle be unbroken: Walden Lake golf course gets a trim, … More Struggling Golf Courses spark complaints from HOA communities
By Deborah Goonan, Independent American Communities The latest association-governed common interest community (HOA) industry PR effort that appears to be news – but is not news – is a report from WBTV in Charlotte, North Carolina. The gist of this report is that, when your HOA is non-responsive, read your governing documents, organize a group … More Why do HOA residents rarely organize and fight back against injustice?
By Deborah Goonan, Independent American Communities Homeowners in Sudden Valley, a large-scale association-governed community in Bellingham, Washington, have been fighting for several years about whether or not to preserve HOA property. In fact, an article was previously published on IAC in 2015 , discussing the HOA’s difficulty in getting a new budget approved, and … More WA state HOA decides if rebuilding is worth the cost
By Deborah Goonan, Independent American Communities As we celebrate Independence Day in the U.S., it is the appropriate time to reflect on the status of private property rights in America, especially with regard to homeownership and association-governed communities. Legal dictionaries define private property as: The ownership of tangible and intangible goods by an individual who … More Do some U.S. homeowners have more private property rights than others?
Florida jury finds HOA negligent, awards more than $1 million to Plaintiffs By Deborah Goonan, Independent American Communities In Palm Beach County, Florida, Sheldon Ensard and his wife, Mary Ann, were awarded more than $1.1 million due to negligence by Seminole Lakes Homeowners Association. (See Case No. 2014-CA-005525) According to court records, and a press release … More Narrow roads lead to accidents, liabilities for HOAs
CO Supreme Court decision may please home builders, but can home buyers count on safe, well-built homes? By Deborah Goonan, Independent American Communities A recent Supreme Court decision in Colorado proves, once again, that stakeholders in the real estate industry such as developers and home builders, hold an unfair legal advantage over homeowners. The … More Does court victory for home builders create more risk for condo owners?
By Deborah Goonan, Independent American Communities Did you know that when you own property in common (or shares in the corporation that owns cooperative housing property), you have very limited control over how that property is maintained? In association-governed, common interest communities, the board of directors or trustees makes most decisions about how much … More Planned HOA and condo communities don’t always live up to expectations