HOA Issue #5: Is your HOA legally obligated to maintain the common areas?

When you purchased your HOA home, were you sold on a low-maintenance lifestyle? NJ and IN courts rule on duties of homeowners, condo associations.   By Deborah Goonan, Independent American Communities   When you purchased your house, condo, or co-op apartment, you were probably sold on the idea of a low-maintenance lifestyle, enticing amenities, or lush common green spaces. But I often hear from homeowners and residents that the common areas are not properly maintained Continue ReadingHOA Issue #5: Is your HOA legally obligated to maintain the common areas?

Is your HOA legally obligated to maintain the common areas?

NJ and IN courts rule on duties of homeowners, condo associations   By Deborah Goonan, Independent American Communities   When you purchased your house, condo, or co-op apartment, you were probably sold on the idea of a low-maintenance lifestyle, enticing amenities, or lush common green spaces. But I often hear from homeowners and residents that the common areas are not properly maintained by their associations. Some common examples: Common green areas not mown, or allowed Continue ReadingIs your HOA legally obligated to maintain the common areas?

Condo owners bring personal injury lawsuit after balcony collapse

OHIO – Suit alleges defective construction, negligent management leads to deck collapse By Deborah Goonan, Independent American Communities As reported by ABC 6 and documented in a legal complaint filed in July, Hayden Run Condo Association was made aware of a previous deck collapse in the community sometime prior to 2010, but did nothing to prevent a similar disaster for other condos. Injured victims Roger Guess and daughter Arlene Guess are suing both the developer, Continue ReadingCondo owners bring personal injury lawsuit after balcony collapse

Narrow roads lead to accidents, liabilities for HOAs

Florida jury finds HOA negligent, awards more than $1 million to Plaintiffs By Deborah Goonan, Independent American Communities In Palm Beach County, Florida, Sheldon Ensard and his wife, Mary Ann, were awarded more than $1.1 million due to negligence by Seminole Lakes Homeowners Association. (See Case No. 2014-CA-005525) According to court records, and a press release by Plaintiff (Ensard) attorneys, Kaplan Sconzo & Parker, P.A., the case involved personal injury sustained by Sheldon Ensard on HOA property Continue ReadingNarrow roads lead to accidents, liabilities for HOAs