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   HOA, CC&Rs cannot banish Adult Foster Care home from community Unpublished opinion, State of Michigan Court of Appeals Appellate Court rules that Michigan HOAs cannot use deed restrictions on use of property to exclude certain Adult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

How HOAs pressure cities to create more HOAs

Rules restrictions hand written

By Deborah Goonan, Independent American Communities Residents of an HOA-governed neighborhood, in a small town in Indiana, demand similar property values and restrictions for proposed new development. The Daily Journal reports that Windstar HOA is putting pressure on Franklin’s planning department to restrict a developer’s plans to build 478 homes that will connect to its subdivision. The name of the new development, The Bluffs at Youngs Creek, will occupy a 167 acre land parcel. The Continue ReadingHow HOAs pressure cities to create more HOAs