HOA, Condo & Co-op legislation highlights (June 2019, CO, IN, MD, NV, WA )

Law legislative legislature forum

By Deborah Goonan, Independent American Communities This month: Colorado CAM licensure extension vetoed; no mandatory mediation for Indiana HOAs; developer HOA voting rights clarified in Maryland; construction defect law changes in Nevada and Washington; WUCIOA limitations. Colorado CAM Licensure extension bill vetoed by Gov. Polis Since I last updated readers on the status of HB19-1212, the bill pertaining to continuation of licensing requirements for Community Association Managers (CAMs), I have learned that Governor Jared Polis Continue ReadingHOA, Condo & Co-op legislation highlights (June 2019, CO, IN, MD, NV, WA )

HOA legal abuse runs amuck in Indiana

By Deborah Goonan, Independent American Communities It’s official. Homeowners Associations have run amuck, deep in America’s Heartland. Two recent investigative reports of HOA nightmares hail from Carmel and Noblesville, Indiana. And, oddly enough, it appears both HOAs work with the same law firm, Thrasher Buschmann & Voelkel. Kara Kenney of RTV-6 reports that 970,000 Hoosiers live in HOA-governed housing. And those HOAs have filed 3,645 lawsuits in the past 18 months alone. RTV also reports that a “handful Continue ReadingHOA legal abuse runs amuck in Indiana

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   HOA, CC&Rs cannot banish Adult Foster Care home from community Unpublished opinion, State of Michigan Court of Appeals Appellate Court rules that Michigan HOAs cannot use deed restrictions on use of property to exclude certain Adult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)

Indiana – mandatory HOA mediation legislation (April 2019)

Hand shake agreement mediation

  By Deborah Goonan, Independent American Communities   This year, Indiana Legislators are considering an important bill related to homeowners and condominium associations disputes. Many HOA disputes result in an impasse. That is, the association’s internal dispute resolution process is rejected by one or both parties, or the dispute cannot be resolved. When that happens, current statute in Indiana gives both parties the option of resolving their dispute through either mediation or binding arbitration, before commencing Continue ReadingIndiana – mandatory HOA mediation legislation (April 2019)