HOA, condo & co-op case law and litigation highlights (Fall 2019)

Case law books court legal appeal

By Deborah Goonan, Independent American Communities   The courts weigh in on excess HOA foreclosure sale proceeds, HOA assessments as consumer debts, disclosure document fees, HOA election bylaws, and CC&R amendments. Arizona Court rejects investor’s claim for excess sale proceeds following HOA foreclosure An investor, Patterson Commercial Land Acquisition & Development, LLC, purchased a home for $42,000 at an HOA foreclosure sale, paying off a $14,000 HOA lien. Incredibly, Patterson then filed a claim to Continue ReadingHOA, condo & co-op case law and litigation highlights (Fall 2019)

Condominium HOA dysfunction roundup (October 2019)

community-chaos-order sign

By Deborah Goonan, Independent American Communities   This month: U.S. and Canadian condo owners embroiled in litigation with developers; several condo complexes (still) plagued by defects and shoddy construction; another run-down, unsafe condo complex in the Sunshine State; un-permitted Vancouver condo renovation causes problems for neighboring unit owners. Missouri Owners can’t sell condos with temporary occupancy permits Readers might recall my previous IAC post: Kansas City: owners of ‘luxury’ condos frustrated by fire code violations, Continue ReadingCondominium HOA dysfunction roundup (October 2019)

HOA rules vs. human compassion

Rules restrictions hand written

By Deborah Goonan, Independent American Communities Debgoonan@icloud.com Let’s face it. Most people hate rules, especially picky and petty HOA rules. But a few people love them, and will go out of their way to strictly enforce them, No Matter What. And sometimes — maybe most of the time — it takes a cold-hearted soul without compassion to enforce HOA rules. In the month of September, local news stations aired three examples of the cruel reality Continue ReadingHOA rules vs. human compassion

Like city government, HOAs impose abusive fines and fees

We the people Constitution

By Deborah Goonan, Independent American Communities Housing consumer advocates have spent the past several years exposing abusive fines and fees imposed by homeowners, condominium, and cooperative associations. Unfortunately, most advocacy groups ignore HOA abuse, even though it closely mirrors the behavior of some oppressive local government leaders. Local governments have long had the authority to impose fines for violations of health and safety codes. But recent trends reveal that city and county leaders are enacting Continue ReadingLike city government, HOAs impose abusive fines and fees