No more religious discrimination: Feds to review Bay View’s home sales for 5 years

By Deborah Goonan, Independent American Communities Property owners who sued the Bay View Association on charges of religious discrimination in 2017 scored a victory this week.  A Department of Justice mediator hammered out an agreement with the community’s board of trustees, following HUD’s determination in February. As reported in February, HUD found that Bay View’s policy requiring new homeowners to be practicing Christians was a violation of First Amendment religious freedoms and the Fair Housing Continue ReadingNo more religious discrimination: Feds to review Bay View’s home sales for 5 years

HOA, homeowners object to $1M tax district to pay for new road

By Deborah Goonan, Independent American Communities Sander’s Pond (MI) homeowners recently found out they might have to pay for construction of a $975,000 road, and they’re not happy about it. The developer of Sander’s pond, RBF Construction, has been discussing the addition of a second road leading into Sander’s Pond from Linden Road. Members of the Sander’s Pond Homeowners Association objected to the project at a hearing in Mundy Township earlier this month. As proposed, Continue ReadingHOA, homeowners object to $1M tax district to pay for new road

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   HOA, CC&Rs cannot banish Adult Foster Care home from community Unpublished opinion, State of Michigan Court of Appeals Appellate Court rules that Michigan HOAs cannot use deed restrictions on use of property to exclude certain Adult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