CA HOAs defy state laws that protect rights of HOA residents

By Deborah Goonan, Independent American Communities Yesterday I featured Florida’s disregard for homeowner and resident rights in condo, cooperative, and homeowners associations. Today I feature another bellweather state for the HOA industry – California. California probably has the most elaborate statute framework for common interest developments (including all types of mandatory owners’ associations) in the U.S. The Davis-Sterling Act, originally enacted in 1985, has been amended several times, with a complete rewrite in 2014. Davis-Sterling contains Continue ReadingCA HOAs defy state laws that protect rights of HOA residents

Weak HOA disclosure laws provide opportunities for embezzlement

By Deborah Goonan, Independent American Communities Several states are talking about the need for laws requiring that HOAs be open and provide full disclosure to buyers and current owners alike. Several, such as Florida and California, have already enacted laws meant to prevent corruption and self-dealing. But it isn’t working, because states choose not to enforce violations of the very laws they created. It is up to the owner to initiate a law suit in civil court, and Continue ReadingWeak HOA disclosure laws provide opportunities for embezzlement