Judge denies motions, Ramapo Mountain Lakes HOA lawsuit to proceed

Gavel and legal books lawsuit court

By Deborah Goonan, Independent American Communities Ramapo Mountain Lakes Association (RML) must proceed to make its legal case to enforce collection of lake maintenance assessments from owners of all 1,645 properties in the community. Judge Christine Farrington dismissed summary judgment on behalf of RML, and also denied a homeowners’ motion to dismiss the lawsuit, calling both motions “premature.” Both parties in the dispute are now required to present evidence to support their claims. The case Continue ReadingJudge denies motions, Ramapo Mountain Lakes HOA lawsuit to proceed

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What should be done about the Phantom, Inactive HOA?

By Deborah Goonan, Independent American Communities Yesterday’s post provided quantitative data – statistics and surveys from the real estate industry and the U.S. Census – that suggest that association governed communities are falling out of favor with housing consumers. Today I share with readers a report that provides qualitative evidence of a governance model that is in market decline. Unfortunately, homebuyers in one particular Utah community have been duped into buying into a Phantom Homeowners’s Continue ReadingWhat should be done about the Phantom, Inactive HOA?

Hundreds of NJ homeowners continue class action lawsuit against HOA lake assessments

By Deborah Goonan, Independent American Communities Public domain photo of unknown lake.   Occasionally I hear from homeowners who want to know if they can be forced to pay assessments for a property owners’ or lake association, one they had not been made aware of at the time they purchased their home. The answer is, it depends. Sometimes, it all comes down complicated legal interpretations of decades-old deeds, titles, and covenants legally filed at the County Continue ReadingHundreds of NJ homeowners continue class action lawsuit against HOA lake assessments

County says homes sold as “no HOA” have HOA after all

By Deborah Goonan, Independent American Communities This report from Clay Township, Pennsylvania, is enough to make any taxpaying homeowner’s blood boil. Imagine if you were told at the time of purchase that your duplex home in a relatively small subdivision of 92 homes was not subject to the requirements of a homeowners association (HOA), only to find out several years later that there must be an active HOA before the township will assume maintenance of Continue ReadingCounty says homes sold as “no HOA” have HOA after all