NC Homeowners Associations hope to get their day in Federal Court

By Deborah Goonan, Independent American Communities Last summer, I posted an article about several lake communities struggling to pay to fix dams that are no longer safe or functional. In that article, I cited as an example several North Carolina lake communities. Devonwood-Loch Lomond, Rayconda and the Strickland Bridge Road Homeowners Associations’ and residents’ filed a Federal lawsuit to force the city of Fayetteville to rebuild their lakes’dams, all of which were breached during Hurricane Continue ReadingNC Homeowners Associations hope to get their day in Federal Court

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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 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

Pure HOA insanity in Nevada – property rights at risk for homeowners

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

FL HOA rejects “single family” occupancy amendment to CCRs

By Deborah Goonan, Independent American Communities A Florida HOA board recently made an attempt to create an HOA restriction for “single family occupancy” of homes. What’s noteworthy about this report is that, in this case, the “single family occupancy” restriction does not exist in the original governing documents, therefore the HOA had to obtain a supermajority vote of approval to add the restriction. Homeowner votes were split half and half, so the restriction was rejected. Continue ReadingFL HOA rejects “single family” occupancy amendment to CCRs