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)

What do Civil Forfeiture and the 8th Amendment have to do with HOAs?

We the people Constitution

By Deborah Goonan, Independent American Communities Yesterday, the U.S. Supreme Court made its historic ruling that 8th Amendment’s protection against Excessive Fines applies to state and local governments across the country. The SCOTUS decision united all nine Justices, as well as liberal and conservative politicians and think tanks. Following this decision, one reader wrote and asked me: “Will this ruling also apply to HOA fines and home confiscations?” That’s a great question. And, as a non-attorney, Continue ReadingWhat do Civil Forfeiture and the 8th Amendment have to do with HOAs?

Battle HOA for super priority lien supremacy continues

scales-of-justice-court-legal

By Deborah Goonan, Independent American Communities Updates on the status of the HOA super priority lien. In a post entitled Is the HOA Priority Lien necessary and beneficial? (June 9, 2016), I made the case against the HOA super priority lien as a tool for associations and real estate investors to extinguish or “wipe out” bank liens for first mortgages. Based upon documented facts provided in the article, I concluded that Community Association Institute’s (CAI) argument Continue ReadingBattle HOA for super priority lien supremacy continues