HOA condo legislation updates (CO, HI, IA, TX, MI, May 2019)

Law legislative legislature forum

By Deborah Goonan, Independent American Communities Selected highlights of legislation. Subjects: HOA manager licensing (Colorado); proxies in condo association elections (Hawaii); construction defects “right to cure” (Iowa); MRTA changes and HOA lien status in tax sale foreclosures (Michigan); limiting the HOA developer control period (Texas). Colorado HOA, condo manager licensing statute extended In May, the Governor approved HB19-1212, which extends the sunset date for HOA management licensing through August 31, 2020. Stan Hrincevich of the Continue ReadingHOA condo legislation updates (CO, HI, IA, TX, MI, May 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   HOA, CC&Rs cannot banish Adult Foster Care home from community Unpublished opinion, State of Michigan Court of Appeals Appellate Court rules that Michigan HOAs cannot use deed restrictions on use of property to exclude certain Adult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)

HUD lawsuit: Bay View HOA accused of violation Fair Housing Act – again

By Deborah Goonan, Independent American Communities Bay View, a seasonal community near Petoskey, Michigan, is in the news again for its alleged religious discrimination policy. In July 2017, members of the Bay View Chautauqua Inclusiveness Group sued Bay View Association, claiming the HOA limited ownership of cottages to members of the “Christian persuasion.” A Judge has already heard arguments, and the parties to the lawsuit await the court’s decision. In August of 2018, board members Continue ReadingHUD lawsuit: Bay View HOA accused of violation Fair Housing Act – again

MI Lawsuit between bar owner and condo unit owners ramps up

Bar owner must pay special assessment for own litigation defense.   By Deborah Goonan, Independent American Communities Home buyers are bombarded with all sorts of slick advertising, designed to get them to fall in love with new homes, including condos, in planned developments. For the past two decades, developers and architects have been heavily promoting “new urbanism” and mixed-use association-governed communities that combine housing units and commercial business spaces. Usually that translates into condo units Continue ReadingMI Lawsuit between bar owner and condo unit owners ramps up