By Deborah Goonan, Independent American Communities An interesting trend is happening across the U.S. Local media are engaging in investigative reports that highlight the fact that homeowners associations (HOAs) have far too much power. To illustrate, here is a recent report from the state of North Carolina. Homeowners share cautionary tales of HOA nightmares Diane Wilson, … More Legislation should limit power of HOAs
By Deborah Goonan, Independent American Communities California In an effort to clearly define First Amendment rights in association-governed communities, SB 407 is making its way through Senate Committees. The bill would make it unlawful for an association-governed community to restrict a member’s right to freedom of speech and freedom of assembly on common property. The … More HOA, Condo, Co-op Legislation updates (May 2017 – CA, MD, MO, NM)
By Deborah Goonan, Independent American Communities Arizona Governor Doug Ducey has signed HB2411. The bill amends current Statute with regard to open meetings, recording of meetings by members of the association, and secret ballot requirements. An unrelated amendment was also included – section 33-440, which specifies that property owners may make amendments to a previously recorded declaration … More HOA, Condo, Co-op Legislation updates (May 2017 – AZ, CO, FL, HI)
Developer is long gone, County says it is a private drain, and HOA blames tree roots – says it is not their problem to fix By Deborah Goonan, Independent American Communities Yet another report of storm water drainage headaches in a homeowners association. This one involves a 66 home subdivision – Saddlecreek HOA – … More Is AL homeowner stuck with $60K storm sewer repair?
By Deborah Goonan, Independent American Communities After listening to residents, and reading and learning about issues affecting association-governed common interest communities for more than five years, as well as writing about them for almost three years, something very important is happening. Finally, people are starting to discuss possible solutions to problems and alternative housing models. … More What can be done about HOA dysfunction?
One builder dumps unfinished roads on HOA, another home builder files bankruptcy By Deborah Goonan, Independent American Communities In Madison County, Mississippi, home construction in the Chestnut Hill subdivision, which began in 2007, is only halfway completed. According to recent reports in the Northside Sun, only 50 of 100 planned homes have been built, and … More HOA homes lose value when developers, builders don’t follow through
By Deborah Goonan, Independent American Communities Last week, George Staropoli addressed the important issue of Covenants, Conditions, and Restrictions (CC&Rs) as adhesion contracts. In his blog entitled Are CC&Rs unenforceable adhesion contracts?, George references case law with regard to CC&R contracts commonly used in homeowners associations. As examples, he provides excerpts of the written opinions of Judges … More What can be done about unconstitutional clauses in HOA CC&Rs?
By Deborah Goonan, Independent American Communities Iowa Legislation to include single family planned communities with HOAs dies in committee A few months ago, I told you about a group of homeowners in Iowa who worked on legislation for homeowners associations. Iowa currently has statues governing condominium and cooperative associations, but not planned communities with … More HOA Legislation updates – March 2017 (IA, IL, MO, PA)
By Deborah Goonan, Independent American Communities The court has ruled that the HOA is not a state actor Property owners in Association Governed Communities face another assault on their rights in the form of the HOA priority lien. According to a recent report in the Review Journal, the Nevada Supreme Court issued a … More NV Supreme Court finds HOAs have no obligation to uphold Constitutional property rights
By Deborah Goonan, Independent American Communities Wow. Every once in a while I read an article about association-governed communities that is really nothing more than marketing hype and public relations for the industry. I hesitate to share these articles, because, in one way, it just spreads the propaganda. But, on the other hand, the only … More HOA – COA Manager’s column bashes use of social media