Battle HOA for super priority lien supremacy continues

scales-of-justice-court-legal

By Deborah Goonan, Independent American Communities Updates on the status of the HOA super priority lien. In a post entitled Is the HOA Priority Lien necessary and beneficial? (June 9, 2016), I made the case against the HOA super priority lien as a tool for associations and real estate investors to extinguish or “wipe out” bank liens for first mortgages. Based upon documented facts provided in the article, I concluded that Community Association Institute’s (CAI) argument Continue ReadingBattle HOA for super priority lien supremacy continues

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HOA, condo & co-op corruption and fraud roundup (Jan 2019)

Arrest handcuff fraud theft

By Deborah Goonan, Independent American Communities   Long list of HOA theft and embezzlement in this month’s roundup, as well as attorney misconduct. The industry can no longer claim “isolated incidents.” Former manager accused of taking more than $100,000 from Lincoln Village area HOA By Wes Bowers Record Staff Writer Posted Jan 25, 2019 at 5:18 PM Updated Jan 25, 2019 at 5:18 PM STOCKTON — The former manager of a Lincoln Village area homeowners association Continue ReadingHOA, condo & co-op corruption and fraud roundup (Jan 2019)

HOA Issue #1: Anyone can sue an HOA, and it can cost homeowners millions

Jury ruled Lamplight Village at Centennial Springs HOA should pay $20 million to Plaintiff in personal injury lawsuit involving playground equipment By Deborah Goonan, Independent American Communities   Many housing consumers don’t understand the hidden risks of buying into a mandatory membership homeowners,’ property owners,’ condominium, or cooperative association. One substantial risk is that owners and shareholders assume financial liability for legal expenses of their association, whether the HOA sues or finds itself as a Continue ReadingHOA Issue #1: Anyone can sue an HOA, and it can cost homeowners millions

The trouble with HOAs – 5 risks for homeowners

It’s not just about the rules By Deborah Goonan, Independent American Communities Most HOA discussions focus on rules. Are the rules reasonable? How are they enforced? Does the HOA board abuse its power? However, HOA problems are not limited to disputes about rules and restrictions. HOA Problems are often tied directly to shared ownership of infrastructure and amenities or the developer’s role in construction and management of the community. Today’s post provides five examples of Continue ReadingThe trouble with HOAs – 5 risks for homeowners