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
By Deborah Goonan, Independent American Communities Following yesterday’s blog, Legislation should limit power of HOAs, a reader sent the following comment: This article raises many important issues and misunderstandings about HOA governance. At the Owner level, far too many Owners do not understand their Governing Documents and their rights and duties under those Governing Documents, particularly … More Do homeowners experience due process in HOAs?
Homeowners fed up with what they say is bully behavior By Deborah Goonan, Independent American Communities Today’s report from KSHB in Kansas City, Missouri, highlights a big problem for many association-governed planned communities: developers that control their new home neighborhoods with an iron fist. According to the report, homeowners in Copperfield Home Owners Association … More Kansas City homeowners rebel against developer controlled HOA
By Deborah Goonan, Independent American Communities This week, Shu Bartholomew and I talk about homeowners who want to disband their HOAs, and highlight a few communities that are taking concrete steps to do so. The truth is, contrary to marketing hype, association governance does not ensure higher property values, nor does it foster a … More Not all homeowners find value in HOA corporations. Some want to dissolve them.
By Deborah Goonan, Independent American Communities George Staropoli published a fascinating and important blog this week, entitled We don’t want no stinkin’ government protection for HOA members. It is well worth reading and commenting. You can do so here: https://pvtgov.wordpress.com/2017/04/18/we-dont-want-no-stinkin-government-protection-for-hoa-members/ In his blog, regarding a recent newsletter from a California HOA attorney, Staropoli ponders: This … More Does HUD’s new harassment rule make HOAs, condos, co-ops state actors?
By Deborah Goonan, Independent American Communities Every day I read dozens of reports of conflict and division in association-governed, common interest communities. None of it surprises me anymore. The pattern of behavior and the nature of these fights is disturbingly predictable. Some experts in the industry blame frequent conflict on a few selfish people, those … More The Great HOA Divide
By Deborah Goonan, Independent American Communities After listening to residents, and reading and learning about issues affecting association-governed common interest communities for more than five years, as well as writing about them for almost three years, something very important is happening. Finally, people are starting to discuss possible solutions to problems and alternative housing models. … More What can be done about HOA dysfunction?