HOA, condo & co-op case law and litigation highlights (April/May 2019)

Case law books court legal appeal

By Deborah Goonan, Independent American Communities Spring highlights: Fair Housing Act violations, important HOA priority lien opinions, reversal of an Idaho jury decision, and more proof that HOAs and developers must abide by their own governing documents.   HOA, CC&Rs cannot banish Adult Foster Care home from community Unpublished opinion, State of Michigan Court of Appeals Appellate Court rules that Michigan HOAs cannot use deed restrictions on use of property to exclude certain Adult Group Continue ReadingHOA, condo & co-op case law and litigation highlights (April/May 2019)

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

Suburban pond lake sidewalk storm water woes

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)