HOA controversy updates (November 2018)

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By Deborah Goonan, Independent American Communities Periodically, IAC provides updates on previously covered HOA news. This post provides three updates: Status of Florida homeowners and HOAs waiting for KB Homes to honor their multimillion dollar out-of-court settlement involving improperly applied stucco Update on Illinois homeowners who were pressured into forming an HOA to take back …

Do HOA industry surveys prove HOA residents are satisfied?

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Should Americans put faith in CAI's claim that the "overwhelming majority" of HOA residents are satisfied? By Deborah Goonan, Independent American Communities From time to time, Community Associations Institute (CAI), issues news releases and email blasts, claiming that “objective” surveys prove the majority of Americans who reside in homeowners,’ condominium, and cooperative associations are “overwhelmingly satisfied” …

Missouri HOAs can no longer ban political signs

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By Deborah Goonan, Independent American Communities Take note residents of Missouri: Just in time for midterm elections, the state has a new law that makes it illegal for your homeowners’ association to ban political signs from your yard. House Bill 1887 was passed by the General Assembly and signed by former Governor Eric Greitens on …

Could Prop 13 ‘split roll’ encourage new non-HOA development?

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By Deborah Goonan, Independent American Communities CA voters may consider Prop 13 'split roll' tax increase in 2020 In 1978, California's voters passed Proposition 13, a ballot measure that has significantly limited property tax increases ever since. Under Prop 13, a property owner's tax assessment is limited to one percent of a property's taxable value …

Who’s responsible for infrastructure failure in these HOAs?

By Deborah Goonan, Independent American Communities Homebuyers often assume that a new neighborhood development will be free from defects such as infrastructure failure. Consumers often pay a premium price for the advantages of new construction: an attractive community with smooth roads, and good drainage to prevent flooding & erosion. They expect their new or nearly …

America’s suburban soul has no HOA

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By Deborah Goonan, Independent American Communities Have you noticed the a culture war against millions of U.S. residents who live in suburban and rural locations? The war is waged by a small but influential group of city planners, and New Urbanism Think Tanks. In their zest to design and build utopian cities, these urban elitists …

Homeowners avoid forced HOA to pay for new dam at Ivy Lake (VA)

By Deborah Goonan, Independent American Communities   Two years ago, Liberty University filed a lawsuit, in an attempt to convince the courts that 400 homeowners with properties near Ivy Lake should be forced to form a homeowners’ association to pay for $1 million in repairs to a dam. The HOA, if approved, would have transferred …

HOAs, condos, & co-ops: Quasi-governments or ‘contractual communities’?

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By Deborah Goonan, Independent American Communities   In 2012, California Attorney Tyler Berding published an article on his website, Condo Issues, making his case that an association governed community is purely ‘contractual.’ In Berding’s opinion, ‘community associations’ are not governments, because, in theory, members voluntarily agree to CC&Rs and Bylaws for the good of the …

It’s time to deregulate homeowners and restore private property rights

By Deborah Goonan, Independent American Communities   Legislative sessions are winding down across the U.S. And some states, once again, considered bills that are intended to rein in abuse and corruption of a virtually unregulated industry: association-governed, common interest communities, more commonly known as homeowners’ associations or HOAs. As explained in a previous post Recipe for …

Holding HOAs, developers, and your city government accountable

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By Deborah Goonan, Independent American Communities Sometimes it can be difficult to determine who should be held accountable for addressing community-related complaints.  What would you do, if faced with these dilemmas?   In one New York State community for adults age 55 and better, homeowners are taking their concerns about an unresponsive developer directly to …