By Deborah Goonan, Independent American Communities This month: Important SCOTUS ruling on FDCPA; Due process in HOAs; Business Judgment Rule not absolute protection for co-op board; FL condo association can revive its expired covenants U.S. Supreme Court decision: a law firm that engages in nonjudicial foreclosure is not a debt collector In the case cited below, the SCOTUS ruled that a homeowner cannot use the Fair Debt Collection Practices Act as a defense in Continue ReadingHOA, condo & co-op Case Law and Litigation highlights (March 2019)
By Deborah Goonan, Independent American Communities This month’s roundup: light sentences and no jail for convicted HOA embezzlers; an affordable housing developer disappears with deposit money; and unqualified owners of affordable housing forced to sell the home. No jail for man who stole $352K from Galloway homeowners group (NJ) February 25, 2019 11:41 am Lynda Cohen A man who stole more than $352,000 from a Galloway Township homeowners association was sentenced to 90 days on Continue ReadingHOA, condo & co-op corruption and fraud roundup (Feb. 2019)
By Deborah Goonan, Independent American Communities The common theme in this months golf course news: a homeowner has little to no control over the future of the centerpiece of the community. And, if homeowners want to retain a playable course or pristine green views, they’d better be willing to pay for it. Residents Upset Over “Barren” Legends Golf And Country Club By Asher Wildman Lake County PUBLISHED 8:54 AM EST Jan. 15, 2019 Continue ReadingHOA, condo & co-op Golf Community Updates (Jan 2019)
By Deborah Goonan, Independent American Communities In past decade or so, real estate developers and investors started targeting private and common interest community housing to specific groups of buyers, based upon religious background. But, is it legal under U.S. Fair Housing Act of 1968? The answer, it appears, is not obvious. Joppatowne, MD lawsuits focus on alleged Muslim-only community For example, in October of 2017, Faheem Younus, developer of River Run, made national headlines when Continue ReadingHas the HOA community association created a new vision for Fair Housing?