What can be done about HOA dysfunction?

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?

HOA homes lose value when developers, builders don’t follow through

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

What can be done about unconstitutional clauses in HOA CC&Rs?

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?

HOA Legislation updates – March 2017 (IA, IL, MO, PA)

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)

NV Supreme Court finds HOAs have no obligation to uphold Constitutional property rights

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

HOA – COA Manager’s column bashes use of social media

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

Florida condo bills address Grand Jury report and condo terminations

By Deborah Goonan, Independent American Communities In Florida, more than a dozen bills related to Association Governed Communities have been submitted for consideration this Legislative session. I highlighted a few of them in an earlier blog.  But on the heels of the recent Miami-Dade Grand Jury report, blasting the Department of Business and Professional Regulation … More Florida condo bills address Grand Jury report and condo terminations

Chicago Palatine condo deconversion attempt

By Deborah Goonan, Independent American Communnities   Think condo to apartment conversions only happen in Florida? Or in the core of major cities such as Chicago? Think again. If the latest attempt at deconversion survives a pending lawsuit against investors, The Woods at Countryside will be one of the largest suburban condo communities to go … More Chicago Palatine condo deconversion attempt

Los Angeles condo owners face costly mandate for earthquake retrofit

By Deborah Goonan, Independent American Communities California is earthquake country, and cities such as Los Angeles have seen their share of damage from seismic activity. Older multifamily structures are most vulnerable to damage, especially multistory condo and apartment buildings with tuck under garages at ground level. When earthquakes strike, it is common for the posts … More Los Angeles condo owners face costly mandate for earthquake retrofit

Recent amendment to Michigan HOA bill prevents suing developer for construction defects

By Deborah Goonan, Independent American Communities Who should have the power to decide whether or not to pursue litigation against a condominium developer for defective construction of common property: the condominium association’s board of directors or the entire membership, based upon a two-thirds vote of approval? That is the crucial question currently under consideration by … More Recent amendment to Michigan HOA bill prevents suing developer for construction defects