New Jersey HOA, condo law will impact assessment liens, priority, & homeowner rights

By Deborah Goonan, Independent American Communities The New Jersey Legislature recently passed important amendments to condominium and homeowners association lien priority law. If signed by Governor Murphy, condo associations will gain greater access to past due assessments, and HOAs in planned communities will be able to claim priority lien status for the first time. Cooperative associations will not be subject to priority lien status. Read Assembly Bill A5002. (Senate Bill S3414 merged with A5002)   Continue ReadingNew Jersey HOA, condo law will impact assessment liens, priority, & homeowner rights

NC Homeowners Associations hope to get their day in Federal Court

Property does not have rights People do

By Deborah Goonan, Independent American Communities Last summer, I posted an article about several lake communities struggling to pay to fix dams that are no longer safe or functional. In that article, I cited as an example several North Carolina lake communities. Devonwood-Loch Lomond, Rayconda and the Strickland Bridge Road Homeowners Associations’ and residents’ filed a Federal lawsuit to force the city of Fayetteville to rebuild their lakes’dams, all of which were breached during Hurricane Continue ReadingNC Homeowners Associations hope to get their day in Federal Court

NJ court: homeowners are members of HOA, must pay fees for lakes

Gavel and legal books lawsuit court

By Deborah Goonan, Independent American Communities Last month, State Superior Court Judge Christine A. Farrington issued her opinion on a 2-year-old legal dispute over Ramapo Mountain Lake (RML) Association’s legal rights to demand dues and place liens on more than 800 of its nearby homes. In short, Farrington ruled that RML is a common interest community (planned real estate development). As such, each property owner is legally obligated to pay annual assessments to maintain its Continue ReadingNJ court: homeowners are members of HOA, must pay fees for lakes

NJ court: homeowners are members of HOA, must pay fees for lakes

Gavel and legal books lawsuit court

By Deborah Goonan, Independent American Communities Last month, State Superior Court Judge Christine A. Farrington issued her opinion on a 2-year-old legal dispute over Ramapo Mountain Lake (RML) Association’s legal rights to demand dues and place liens on more than 800 of its nearby homes. In short, Farrington ruled that RML is a common interest community (planned real estate development). As such, each property owner is legally obligated to pay annual assessments to maintain its Continue ReadingNJ court: homeowners are members of HOA, must pay fees for lakes