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 ruling affirming their previous decision that the HOA priority lien extinguishes a first mortgage. The investors who have acquired homes Continue ReadingNV Supreme Court finds HOAs have no obligation to uphold Constitutional property rights
By Deborah Goonan, Independent American Communities Despite the existence of Nevada’s Real Estate Division (NRED), homeowners are in a crucial fight for their rights, especially if they own property in an Association Governed Community. This week alone, there have been two reports of outrageous HOA abuse. Darcy Spears of KTNV Channel 13, known for her “HOA Hall of Shame” investigative series, reports on the combined problems of squatters and the practice of HOAs punishing property Continue ReadingPure HOA insanity in Nevada – property rights at risk for homeowners
Originally posted on Neighbors at War Whoa! Is this the Beginning?!? By Ward Lucas There are some scattered court cases which may have an interesting impact on Homeowners Associations, an impact many of us would love to see. From the National Law Review, the West Virginia Supreme Court of Appeals ruled that HOAs are debt collectors. We all know they file liens and harrass homeowners into paying dues, fines, collection costs, attorneys’ fees. But if Continue ReadingIs the Homeowners Associations house of cards starting to fall?
by Deborah Goonan When I read Evan Bernick’s (Assistant Director at the Institute for Justice) summary of the latest Supreme Court decision involving property rights of raisin farmers, I was taken aback by the parallels to a decades-long battle to protect property rights of homeowners in private, mandatory Homeowners Associations. In HORNE ET AL. v. DEPARTMENT OF AGRICULTURE, family farmers Marvin and Laura Horne of California were ordered to surrender 30% of their raisin crop Continue ReadingRaisin Farmers, Homeowners Associations & The Supreme Court