HOA, condo, & co-op case law and litigation highlights (Dec. 2018, part 2)

Case law books court legal appeal

By Deborah Goonan, Independent American Communities This month: a Vermont court upholds homeowner obligations to pay for common maintenance. Other case law clarifies property and fair housing rights of homeowners. Owner Responsible For Share Of Costs To Maintain Subdivision Facilities (VT) by Husch Blackwell LLP Holding: The Supreme Court of Vermont held that a homeowners association, as assignee from the developer, could charge lot owners for its reasonable costs to maintain the subdivision private roads Continue ReadingHOA, condo, & co-op case law and litigation highlights (Dec. 2018, part 2)

Should neighborhood covenants and HOAs last forever?

Across the U.S., a disturbing trend is taking place. The HOA industry is quietly making it possible to preserve CC&Rs — or revive them after expiration — without consent of all homeowners.   Correction (March 12, 2018): a previous version of this post noted that a majority of affected parcel owners attending a meeting could vote to revitalize CC&Rs. A closer reading of the amendment and Florida Statue 720.306 indicates that a majority of total voting Continue ReadingShould neighborhood covenants and HOAs last forever?