HOA laws and Free Speech, Right to Know – Independent
According to Attorney Ryan Poliakoff (FL), in the vast majority of states, it is not. New Jersey would be an exception, but Poliakoff is perfectly OK with restricting rights of residents who supposedly “agree” to the covenants, restrictions and rules prior to moving in. Did you sign away your free speech with HOA. By Ryan Poliakoff.
Actived: 3 days ago
PA homeowners sue HOA and its attorneys for filing
(3 days ago) By Deborah Goonan, Independent American Communities [email protected] Now that their years’ long HOA legal battle has come to an end, two Pennsylvania homeowners have filed a lawsuit against their HOA and its attorneys. Attorney Daniel D. Stofko, of Edelstien and Margolis law firm in Scranton, filed the lawsuit on behalf of Michael Glassic and his…
PA Act 84 legislation regulates homeowners not HOAs
(6 days ago) State law already gives associations the right to levy reasonable fines for violations of HOA governing documents. PA Act 84 now also empowers HOA boards to penalize members for: a) being delinquent on payment of assessments, or b) being in violation of …
Do “open meeting” and “open record” laws apply to all HOA
(1 days ago) Sure enough, in New York, co-op board meetings are subject to Corporate Law, specifically BCL 624, as is explained in excerpt from Habitat Magazine, in this FAQ. A. Co-ops, in New York, are governed by the Business Corporation Law. BCL 624(a) requires corporations to …
TX homeowner files nasty lawsuit over HOA-approved
(5 days ago) But, unfortunately, the law does not specifically require CC&Rs to be reasonable, fair, flexible, or compassionate. And, because most CC&Rs are written for the benefit of real estate developers (land owners or investors), these contracts tend to be very one-sided, unjust, and difficult for homeowners to change.
MD HOA legislation would change homeowner property rights
(3 days ago) Maryland law differs from other states. Note that, in some states, the law does not require that owners in HOAs or condo associations vote on bylaw amendments. In other words, the board of directors has the power to amend the association’s bylaws without approval of its members. How “in good standing” requirement limits rights of owners
Indiana: HOA mandatory mediation bill tacked onto solar
(3 days ago) In practice, if HB 1331 becomes law, an Indiana homeowner must still to go through a tedious HOA approval process. An HOA can still deny the homeowner’s plans by one of many statutory exceptions or subjective HOA rules. Although the HOA would be obligated to offer suggested design modifications, those suggestions won’t necessarily work for
Does your HOA, condo association discriminate
(9 days ago) The association is not legally age-restricted, and therefore, by law, cannot exclude children from the pool. Attorneys for the condo association are looking into the possibility of creating a pool schedule that blocks out specific time slots for adult-only use, …
Where can homeowners turn for help with HOA problems
(1 days ago) The Dessaules Law Group maintains an informative Legal blog about various HOA and real estate topics. Peter Kovacs, Attorney (Indiana) Peter Kovacs is a sole practitioner based in Fishers. He focuses on serving individuals, small businesses, and not-for-profit organizations, including representation of homeowners in HOA-related disputes.
Florida Legislature considers HOA ‘equal protection’ bill
(Just Now) Adding 14th amendment Equal Protection provisions to Florida law with HB 623 will give residents in HOA-governed communities a strong legal leg to stand on. Essentially, HB 623 is a new Civil Rights act that applies to Floridians who live or own property in a community association.
NJ court: homeowners are members of HOA, must pay fees for
(5 days ago) 2017 amendments to state law. Farrington’s opinion relies, in part, upon a 2017 amendment to the New Jersey Planned Real Estate Development Full Disclosure Act (PREDFDA). NJSA 45:22A-21 “provides that all members of a planned real estate development are …
Notable HOA lawsuits (August 2019) – Independent American
(7 days ago) Houston condo owners sued their HOA board after foreclosures, a big assessment and other issues. But state law gives them few options. Houston Chronicle | Olivia P. Tallet | Aug. 9, 2019 Updated: Aug. 10, 2019 5:10 p.m.
HUD and DFEH: Help for victims of HOA bullies
(9 days ago) By Deborah Goonan, Independent American Communities [email protected] A recent news release from Center for California Homeowner Association Law (CCHAL) provides several options for homeowners seeking help against HOA bullies. IAC regularly hears from owners and residents who are bullied by board members, management agents, attorneys, or neighbors in their …
Who says Constitutional rights cannot apply in private
(4 days ago) The ‘anonymous’ comment also references an important 2008 Law Journal article written by Edward R. Hannaman, Esq. of New Jersey: Rutgers Journal of Law & Public Policy. The paper highlights common pervasive HOA problems, and provides several proposed solutions to undemocratic HOA governance.
Should HOAs have authority to issue traffic tickets
(6 days ago) Critics say Florida state law gives HOAs too much unchecked power By Deborah Goonan, Independent American Communities Fox News in Tampa highlights a growing trend in private homeowners associations, particularly large gated communities. In order to cut down on traffic hazards such as running through intersections without stopping, speeding, or driving on the wrong…
Homeowner-attorney prevails legal case against Centex of
(3 days ago) Lake Circuit Judge William Law. Transcript of July 27, 2016 hearing. Three years ago, a Mount Dora attorney who has been a member of the Florida Bar for 35 years but never really practiced law got annoyed by the builder-controlled homeowner association at Sullivan Ranch, where she lives.
Kansas bill proposes Consumer Protection for HOA
(4 days ago) Furthermore, the bill explicitly prohibits conflicts of interest involving the association’s property manager, applicable to corporate law: In the performance of their duties, officers and members of the board of directors appointed by the declarant shall exercise the degree of care and loyalty to the association required of a trustee.
Three outrageous HOA lawsuits (March 2019) – Independent
(5 days ago) Three outrageous HOA lawsuits (March 2019) This month: an Oregon HOA wants to end mandatory contributions to a builder’s nonprofit; a Pennsylvania homeowner appeals a case that seems like an obvious condo board conflict of interest; and the …
HOA Issue #4: AZ court ruling on HOA power to fine: a game
(8 days ago) Oct. 2017: Arizona appeals court rules that, before an HOA can legally fine a resident, it must first publish a schedule of reasonable fines. HOA attorney complains that new court ruling makes it difficult to impose monetary fines By Deborah Goonan, Independent American Communities In October, 2017, an Arizona appeals court ruled that, before an…
It’s time to rein in predatory HOA collection attorney
(5 days ago) Two law firms amass more money than they collect for the condo association Since 2015, PACC2 has billed J.G approximately $5,100 in interest, nearly $10,100 for KBR attorney fees, and more than $19,300 in ‘costs’ to cover the Shendells’ arguably unauthorized and excessive attorney fees.
What can be done about unconstitutional clauses in HOA CC
(4 days ago) The proxy vote is a creation of corporate law. As you can see by reviewing historical US law, proxy voting is unconstitutional. Your condo association is a perfect example of how the proxy can be abused. No doubt that most owners view their condo mainly as an investment, since they do not live in the condo full time.
FL HOA defies state law on solar panels – Independent
(4 days ago) By Deborah Goonan, Independent American Communities It seems to me that more and more homeowners are simply fed up with unreasonable homeowners associations. And we're seeing more media coverage of HOA Board members that think it's okay to completely ignore state law, practically daring the homeowner to sue. Today's example: President Conrad Tkac of California Club …
HOA legal abuse runs amuck in Indiana – Independent
(2 days ago) By Deborah Goonan, Independent American Communities It’s official. Homeowners Associations have run amuck, deep in America’s Heartland. Two recent investigative reports of HOA nightmares hail from Carmel and Noblesville, Indiana. And, oddly enough, it appears both HOAs work with the same law firm, Thrasher Buschmann & Voelkel. Kara Kenney of RTV-6 reports that 970,000 …
Can hostile takeovers of condominium associations be
(7 days ago) Under Illinois law, if a developer convinces 75 percent of a building’s owners to sell, unwilling owners can be forced to go along and must sell their units. Then the developer buys all the units, brings in the remodelers, spruces up the building, and attempts to rent the units at prices above what amateur landlords were getting for their
WY: Lawsuit now involves 16 of Casper’s Mesa del Sol homes
(1 days ago) Number of houses ‘crumbling’ in west Casper subdivision rises to 16, attorney claims. By Seth Klamann 307-266-0544, [email protected] May 31, 2018. Updated Jun 1, 2018. There are now 16 houses in disrepair in a west Casper subdivision because of alleged poor construction and disregard for official soil reports, claims an attorney suing
Florida Legislature reduces impact of HOA Equal Protection
(8 days ago) Floridians who desire a state law that upholds their Constitutional rights — all of them, not just a few of them — are urged to contact their state House and Senate representatives. The Legislature must reinstate full Equal Protection under the U.S. and Florida Constitutions. ♦ . References: Read and track Florida House Bill 623
Notable HOA lawsuits (Dec. 2019) – Independent American
(4 days ago) A September post on IAC highlighted Blaine County’s lawsuit against Flying Heart Ranch HOA, near Hailey. The County sued, after the HOA refused to remove ‘no parking’ signs at a public right-of-way access point along the Big Wood River. Flying Heart Ranch leaders insist the area is private property of the HOA.
Delaware townhouse developer turns HOA into a rental
(7 days ago) Developer is apparently violating covenants of the community, Ocean View ordinances, and Delaware state law. Loius Capano and Bill Krapf, of Fairway Cap, openly admit their intention to lease dozens of remaining townhomes to be constructed in Fairway Village. Developers are unapologetic about their intent to maintain perpetual control of the HOA.
Montana HOA legislation protects private property rights
(1 days ago) Montana HOA legislation protects private property rights. This week, Montana Senate Bill 300 passed both chambers of the state Legislature, as amended. Introduced by Senator Kenneth Boger (R), SB0300 upholds “use” rights of property owners in HOA-governed communities. Section 1. Homeowners’ association restrictions — real property rights.
Florida HOA legislation update (March 2019) – Independent
(6 days ago) Florida HOA legislation update (March 2019) Big news in Florida in the fight for justice for condo owners. Representative Javier Fernandez (D) has introduced HB1259, dubbed by its supporters as the #LockThemUp Bill. HB1259 would put some serious teeth …
Illinois condominium, homeowners association legislative
(9 days ago) By Deborah Goonan, Independent American Communities Several 2018 Illinois bills, and angst over homeowner protections enacted in 2017, are stirring up controversy in Chicago and statewide. HB 5126 / SB3165 Last year, state law (Public Act 100-0292) was amended to provide condo unit owner access to contact information of co-owners, including names, addresses, phone numbers,…
Who’s suing the HOA now
(8 days ago) By Deborah Goonan, Independent American Communities This month’s collection of lawsuits filed against HOAs includes Fair Housing Act violations, condo residents made ill due to mold in the common areas, and a homeowner’s request to de-annex his home from the HOA. Florida Suit Against Association for Emotional Support Animal Denial Sends Message to Fla.…
New Jersey HOA, condo law will impact assessment liens
(4 days ago) The law will limit the rights of New Jersey homeowners, even if they didn’t sign up for mandatory assessments, fees, and fines, subject to lien and foreclosure. Priority lien limited in NJ The new provisions of A5002 allow homeowners and condo associations to collect a limited portion of unpaid assessments, ahead of the lender, when a home is
Missouri HOAs can no longer ban political signs
(1 days ago) Missouri law does not apply to signs displayed in windows, fastened to poles or trees, hanging from the railing of a fence or front porch, etc. Additionally, your HOA can still prohibit the attachment of balloons, streamers, and audio devices to political signs. In other words, the HOA does not have to allow certain sign displays that may be
IN lawsuit leads to regulation of HOAs – Independent
(3 days ago) By Deborah Goonan, Independent American Communities In 2011, Indiana enacted a law that gave the Attorney General jurisdiction to investigate allegations of misappropriation of funds and wrongdoing by homeowners' and condo association board members. The AG claims that a lawsuit filed by condo owners - also in 2011 - prompted enactment of the statute providing…
Important California HOA, condo, coop legislation updates
(7 days ago) CCHAL is asking homeowners to contact the Governor to support SB 1265. CAI-CLAC and several law firms are circulating emails to their members, asking the Governor to veto both bills. CAI emails make several misleading claims about both bills, claims which are completely unsupported by the plain language of both SB 1265 and SB 1128.
Attorneys say HOAs entitled to undermine Constitutional
(7 days ago) By Shalya Mount, Florida Condo and HOA Law Blog (Becker & Poliakoff) September 26, 2109 . Texas attorney claims ‘You can contract away your Constitutional rights’ Meanwhile, in the Lone Star State, HOA attorney Gregory Cagle claims that, through covenants and restrictions, homeowners can ‘contract away’ their Constitutional rights.
Homeowners say Airbnb ruined Sedona Arizona – Independent
(8 days ago) Critics say that state law makes local governments powerless to address numerous nuisances created by AirBnB, Vrbo, and HomeAway rentals. For example, owners and residents of Sedona are turning up the pressure on Arizona Rep. Bob Thorpe (R) to undo the damage done by Senate Bill 1350 since 2016.
Ravine erosion threatens property, homeowners file lawsuit
(2 days ago) Attorney Richard D. Weaver, The Weaver Law Firm, filed a lawsuit on behalf of the Nixons in January 2018. According to the complaint, the community’s Covenants Conditions and Restrictions (CC&Rs) state that maintenance of the drainage easement (ravine) is a joint responsibility of adjacent lot owners and Weston Lakes POA.
California HOA elections bill update (March 2019
(2 days ago) The Center for California Homeowner Association Law (CCHAL) is sponsoring an HOA Elections Bill, SB323, introduced by Senator Bob Wieckowski [D-Fremont]. The bill is based upon a similar HOA voter protection bill proposed last year. Last year, SB1265 was approved by both chambers of California Legislature, only to be vetoed by Governor Jerry Brown.
Indiana – mandatory HOA mediation legislation (April 2019
(9 days ago) Critics of HB 1138 say that, if enacted as law, homeowners would be forced to spend hundreds to thousands of dollars before filing a legal complaint against their HOA. Mediator rates for Indiana start at $200 per hour, plus travel expenses. Most mediation sessions last 4 to 8 hours. Those in favor of the bill say that Mediation is more cost
Arizona Legislative updates: Assessments, HOA foreclosure
(7 days ago) However, the law still allows a loophole for third party collection agents to demand payment of their legal fees before they can reduce or pay off the balance of the actual HOA assessment delinquency. That policy is likely to lead to more HOA foreclosures, rather than preventing them.
Hawaii US District Court rules that nonjudicial condo
(7 days ago) By Deborah Goonan, Independent American Communities Is the tide turning against nonjudicial foreclosure of HOA or condominium association liens? Real estate investors and condominium associations throughout Hawaii are reeling after U.S. District Court Judge Leslie Kobayashi published a decision that nonjudicial foreclosure of condominium assessment liens were illegal under state law.
Fair Housing discrimination: the HOA war against the
(7 days ago) The parents of a child with disabilities have filed a lawsuit against a Republican state senator and a Salem homeowners’ board after it banned a school bus from continuing to provide door-to-door service for the elementary student. Salem residents Erika Hernandez and Paulo Regalado filed the suit in May, claiming the restriction by the Golf
Kolter, a luxury condo developer, being sued AGAIN for
(8 days ago) By Deborah Goonan, Independent American Communities You would expect high quality construction of condos selling for $600,000 to $1 million. But for the second time in two years, luxury condo developer Kolter Group is being sued by a condo association for numerous, serious construction defects. In 2016, Kolter Group agreed to a $22.5…
California HOA election bills await Governor’s signature
(Just Now) California property owners in HOA-governed communities are advised to contact Governor Gavin Newsom and urge him to sign SB 323 into law. ♦. Correction: a previous version of this post noted Governor Newsom’s deadline to consider both HOA bills as September 30, 2019. The correct date is October 13, 2019.
Ramapo Mountain Lakes asks court to compel assessments
(3 days ago) Case law in NJ has ruled that those 1993 amendments are retroactive to communities created as early as 1977. But now, according to RML’s complaint, the 2017 amendment applies to all planned communities in New Jersey, including those formed prior to 1977.