Notable HOA lawsuits (September 2019)

Legal gavel lawsuit

By Deborah Goonan, Independent American Communities debgoonan@icloud.com   From construction defects to wrongful death claims to Fifth Amendment “takings” lawsuits, this month’s post highlights HOA lawsuits that run the gamut.   Texas homeowners stuck with malfunctioning HOA septic system Imagine building your dream home, expecting to be connected to a public waste water system, only to find out the developer built an on-site sewage facility (OSSF) instead. And, according to a lawsuit filed by residents Continue ReadingNotable HOA lawsuits (September 2019)

HOA, condo & co-op case law and litigation highlights (July 2019)

Case law books court legal appeal

By Deborah Goonan, Independent American Communities, debgoonan@icloud.com This month: court decisions affecting amendment of CC&Rs, HOA priority liens, foreclosure standards, Fair Housing Act accommodations, and much more.    Court approves reduction of percentage membership vote needed for amending CC&Rs (CA) Did you know that sometimes a judge can make it easier for your HOA-governed community to amend its restrictions? The case of Orchard Estate Homes, Inc. v. Orchard Homeowners Alliance is one example. The Owners’ Association Continue ReadingHOA, condo & co-op case law and litigation highlights (July 2019)

HOA, condo & co-op case law and litigation highlights (April/May 2019)

Case law books court legal appeal

By Deborah Goonan, Independent American Communities Spring highlights: Fair Housing Act violations, important HOA priority lien opinions, reversal of an Idaho jury decision, and more proof that HOAs and developers must abide by their own governing documents.   HOA, CC&Rs cannot banish Adult Foster Care home from community Unpublished opinion, State of Michigan Court of Appeals Appellate Court rules that Michigan HOAs cannot use deed restrictions on use of property to exclude certain Adult Group Continue ReadingHOA, condo & co-op case law and litigation highlights (April/May 2019)

HOA, condo & co-op legislation report (Feb 2019-Part 2)

Rules restrictions hand written

Arizona Highlights of new and pending state legislation as of Feb. 2019, featuring Arizona, California, Idaho, and South Carolina. HOA would get paid last with new priority of payment proposal SB 1531 is a bill proposed by Arizona HOA trade group attorneys, sponsored by Senator David Farnsworth. It would change the priority of payment terms for both condominium and planned communities, to the advantage of HOA management companies, attorneys, and collection firms. Currently, Arizona statute Continue ReadingHOA, condo & co-op legislation report (Feb 2019-Part 2)