NJ lake associations demanding mandatory assessments from nonmembers

By Deborah Goonan, Independent American Communities   What would you do if a voluntary property or homeowners association suddenly demanded mandatory annual assessments, claiming the legal right to do so? A group of fifteen homeowners in the proximity of Lake Parsippany, New Jersey, have filed suit to stop Lake Parsippany Property Owners Association (LPPOA) from making the transition from a Voluntary lake membership organization to a mandatory homeowners association. According to the facts presented in Continue ReadingNJ lake associations demanding mandatory assessments from nonmembers

HOA, Condo, Co-op Policy and Legal News Briefs (Dec 2016)

By Deborah Goonan, Independent American Communities A collection of newsworthy happenings in common interest, association-governed housing communities. Legal decisions and case law Failure to Hold Formal Board Votes Dooms Two Charlotte HOAs There are times in the practice of homeowners’ association law when courts make rulings with which we as attorneys disagree but where an underlying principle or best practice is affirmed. A prime example is the N.C. Court of Appeals’ opinion of November 1, 2016 Continue ReadingHOA, Condo, Co-op Policy and Legal News Briefs (Dec 2016)

Oh, that sinking feeling! Millennium Tower condo owners stuck in litigation

By Deborah Goonan, Independent American Communities   According to a report in the NY Times, the City of San Francisco is suing developer, Mission Street Development, for failure to disclose material defects to condominiums in a multimillion dollar luxury high-rise that is sinking into the clay soil beneath its foundation. Millennium Tower consists of more than 400 units, that collectively sold for hundreds of millions of dollars. The tower is less than a decade old, Continue ReadingOh, that sinking feeling! Millennium Tower condo owners stuck in litigation

HOA members have unequal access to justice

By Deborah Goonan, Independent American Communities I have several colleagues that work in the legal sector, with expertise in real estate and Association-Governed Community issues. One of those contacts is Donie Vanitzian, a certified Mediator and columnist for the LA Times. Recently, she wrote an excellent column that clearly explains why attorneys do not work “on contingency” for homeowners (or titleholders, a term Vanitzian prefers) of property in a homeowners, condominium, or cooperative association.  I am Continue ReadingHOA members have unequal access to justice