HOA, condo & co-op Case Law and Litigation highlights (March 2019)

Case law books court legal appeal

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)

HOA Realities — living next to a retention pond or wetland

By Deborah Goonan, Independent American Communities Have you ever seen a real estate ad for a home boasting its “water view” or a “lake” view? Today’s post is a Buyer Beware message. Unless you’re viewing a home near a recreational lake — a real lake used for boating, fishing, swimming and other water sports — that ornamental “lake” is nothing more than a retention pond. Its primary purpose is to collect stormwater runoff for environmental Continue ReadingHOA Realities — living next to a retention pond or wetland

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)

NC Homeowners Associations hope to get their day in Federal Court

By Deborah Goonan, Independent American Communities Last summer, I posted an article about several lake communities struggling to pay to fix dams that are no longer safe or functional. In that article, I cited as an example several North Carolina lake communities. Devonwood-Loch Lomond, Rayconda and the Strickland Bridge Road Homeowners Associations’ and residents’ filed a Federal lawsuit to force the city of Fayetteville to rebuild their lakes’dams, all of which were breached during Hurricane Continue ReadingNC Homeowners Associations hope to get their day in Federal Court