SC DCA collects HOA Complaints, but cannot prevent lawsuits

Gavel HOA lawsuit

By Deborah Goonan, Independent American Communities   As of last year, South Carolina became one of a few states that collects housing consumer complaints involving homeowners’ associations (HOAs). The state’s Department of Consumer Affairs recently issued its 2019 report, summarizing 92 HOA complaints filed between June 1, 2018 and December 31, 2018. By contrast, the DCA received 167 HOA complaints between January 1, 2014 – May 31, 2018. The sharp increase in complaints coincides with Continue ReadingSC DCA collects HOA Complaints, but cannot prevent lawsuits

HOA, condo & co-op Case Law and Litigation highlights (March 2019)

Case law books court legal appeal

By Deborah Goonan, Independent American Communities This month: Important SCOTUS ruling on FDCPA; Due process in HOAs; Business Judgment Rule not absolute protection for co-op board; FL condo association can revive its expired covenants   U.S. Supreme Court decision: a law firm that engages in nonjudicial foreclosure is not a debt collector In the case cited below, the SCOTUS ruled that a homeowner cannot use the Fair Debt Collection Practices Act as a defense in Continue ReadingHOA, condo & co-op Case Law and Litigation highlights (March 2019)

HOA, condo & co-op corruption and fraud roundup (March 2019)

Arrest handcuff fraud theft

By Deborah Goonan, Independent American Communities This month: more condo HOA managers under investigation, several sentenced after pleading guilty to theft and money laundering; FBI probe in Miami; condo owners catch maintenance worker stealing their stuff. Illinois Condo President says former management company left them bankrupt CBS2 Chicago, reports that Drexel Condo Association President Natasha Neptune, has filed a complaint with Illinois Department of Financial Professional Regulation against the association’s former management company. Neptune says Continue ReadingHOA, condo & co-op corruption and fraud roundup (March 2019)

Who’s suing the HOA now? (Feb 2019)

By Deborah Goonan, Independent American Communities This month: class action lawsuit involving special assessment for balcony defects; homeowner sues claiming racial discrimination; HOA refuses to allow veteran to put up a flagpole and fly the American flag Georgia: Class action lawsuit says condo association relied on fake building engineer’s advice, and it cost unit owners $5,000 apiece According to a report from WSB-TV, several years ago, homeowners of 1280 West condominium were forced to pay Continue ReadingWho’s suing the HOA now? (Feb 2019)