HOA, condo & co-op corruption and fraud roundup (Nov 2018)

By Deborah Goonan, Independent American Communities The November 2018 roundup includes reports of HOA corruption from embezzlement to wire transfer fraud to money laundering. Orange Sheriff’s Office investigating reported $400K embezzlement from Lake of the Woods Association (VA) By Allison Brophy Champion Culpepper Star-Exponent Nov 27, 2018 The Orange County Sheriff’s Office is investigating the …

HOA, condo, coop legislation updates (CO, HI, MD, SC Sept. 2018)

Sunset behind mountains

By Deborah Goonan, Independent American Communities Colorado HB18-1175 Colorado statute has required licensure for Community Association Managers since July 1, 2015. But that requirement was set to be repealed as of July 1, 2018. This Legislative session, HB18-1175 was introduced to extend manager licensing for another 5 years, until 2023. The bill was considered in …

HOA, condo, co-op litigation and case law news (Aug./Sept. 2018)

Case law books court legal appeal

By Deborah Goonan, Independent American Communities Highlights of court rulings on legal disputes between association-governed communities and their members or third parties.  This South Carolina case should serve as a home buyer beware warning. When you buy into a golf community, or any other amenity-rich community, subject to Covenants, Conditions, & Restrictions that require club …

Is the tide turning with respect to private property rights of HOA residents?

usa-sign-welcome-America

By Deborah Goonan, Independent American Communities This Independence Day, IAC reflects upon recent events that indicate that the courts and real estate developers are rethinking the management industry’s decades-old attempt at restricting property rights by way of restrictive covenants. Residents of property governed by homeowners’ associations are increasingly challenging the HOA’s rights to enforce restrictive …

HOA, condo, co-op litigation and case law highlights (May 2018)

By Deborah Goonan, Independent American Communities A collection of interesting and important case law from around the U.S. New rulings affecting HOA Collections, foreclosure liens, and rules enforcement in several states across the U.S. MARYLAND’S HIGHEST COURT HOLDS THAT CONDOS MAY NOT BY RULE SUSPEND A UNIT OWNER’S ACCESS TO COMMON ELEMENTS FOR DELINQUENT ASSESSMENTS Posts …

What is HOA trade group’s 2018 Legislative agenda?

By Deborah Goonan, Independent American Communities   As 2017 comes to an end, housing and consumer advocates that are concerned about legislative reform need to keep a close eye on what trade group Community Associations Institute (CAI) is up to. In case you missed it, here is CAI’s legislative agenda for 2018. https://cloudup.com/cJmfgfxaa1J Unfortunately, too …

The short-term rental controversy in homeowner, condo associations

By Deborah Goonan, Independent American Communities   For several years, association-governed communities have been struggling with internal conflict over a controversial issue: what to do about short-term rentals? Should short-term rentals be allowed or not? If so, under what conditions? Is it possible to make rules and restrictions that are fair to all members? Can …

Airbnb, homesharing controversy growing in HOAs, condo buildings

By Deborah Goonan, Independent American Communities The right to lease one's home is a hotly debated property rights issue across the U.S. Some homeowners see short-term rentals as a money-making opportunity. Others see them as a security risk and a nuisance. Major cities that are popular business and vacation destinations are enacting ordinances that mandate …