Category Archives: HOA POA Law

Legislation changes affecting homeowner & property owner associations.

Handicapped Woman Hit With HOA Violation

A Jacksonville couple believes their homeowner’s association isn’t allowing them to park in a handicapped space, despite having all of the required placards. They called the On Your Side team to see whose rules supersede whose and to get help.and more Read more here: –> Handicapped Rights

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Colorado: HB 13-1314 – Changes To HOA Information & Resource Center

HB 13-1134, which was recently introduced in the Colorado House of Representatives, proposes some interesting changes to the laws creating the HOA Information & Resource Center. The Center was created in 2010 to track complaints related to property owners associations for purposes of reporting those complaints to the Division of Real Estate. Interestingly, there are currently no laws or regulations giving the HOA Information & Resource Center or the Division of Real Estate any enforcement power over property owners associations. There are two types of changes proposed in this bill—those that are more administrative in nature, and those that are … Click Here For Entire Entry

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Florida: Bill to regulate HOAs needs work

State Sen. Alan Hays has proposed a wide-ranging bill designed to curb abuse within homeowners associations. Hays seeks to empower state regulators to investigate residents’ complaints about bad behavior by their developers or HOAs and, if necessary, punish the developers or the associations’ officers for violations. But his bill has split advocates for residents within HOA-managed communities who have been arguing for reform. Under Hays’ legislation, regulators would be able to investigate complaints while the developer still controls the community. Once the development is turned over to the homeowners, state investigators would be limited to complaints about financial issues, elections … Click Here For Entire Entry

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Disabled Woman vs Condo Association – With Government Help

Had things gone her way, Larraine Best’s trike would be parked at her condo right now and she’d be living the relaxed life of a beachfront snowbird. Instead she’s become embroiled in a federal case over a parking space. Best’s fight isn’t just another squabble between a retiree and her condo board. This one’s being handled by Broward County’s attorneys, paid for with public funds. Broward County civil rights investigators believe the disabled woman’s rights were violated by Summit Towers in Hollywood, where management refused to let her park her three-wheeled, hand-controlled motorcycle – what she calls her “trike” — … Click Here For Entire Entry

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Obama Lawn Sign Battle Bankrupts Homeowner’s Association

The feud that consumed Fairfax County’s Olde Belhaven would span four years and cost the community as much as $400,000, and it was ignited by one of the smallest of sparks: an Obama for President sign. The modest placard Sam and Maria Farran planted in their yard during the 2008 election put them on a collision course with the neighborhood homeowners association. It was four inches taller than the association’s covenants allowed. ….. In 2010, a county judge sided with the Farrans on the fining issue. The case set a Virginia precedent that HOAs cannot claim powers, such as fining, … Click Here For Entire Entry

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Not paying assessments? HOA may be able to foreclose

You should know that many, if not most, condominium and homeowner association documents give the association the right to place a lien on the property of any homeowner that fails to pay his or her association dues. The teeth to that kind of a provision is that the association has the right to foreclose on the lien. When an association forecloses on the lien, it goes to court (or takes other legal action) to take title to the property or sell title of the property to satisfy the debt. …. Read More

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Court Decision Helps Community Organizations

Q. I received a legal update via e-blast from a local law firm that specializes in real estate and condo association law. Apparently there is a new court decision that provides relief for banks and third party investors who buy a property at foreclosure sale. As I understood it, a condo or homeowners association will no longer be able to pursue past due maintenance fees if the association foreclosed its lien and owned the property for a period of time. Can you better explain the court decision and what it means for community associations? Q. We have an owner who … Click Here For Entire Entry

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Homeowner association residents speak out

Last week I looked at the proposed Pennsylvania House Bill 319, which aims to give property owners inside homeowners associations better access to association records. This is an important issue in Pike, where more than half of the population lives inside association-run developments. The law would require association records, with a few exceptions, to be accessible for inspection and duplication by owners. I asked anyone who has been stymied trying to get association records to send me a note. The response was overwhelming. … Read More Here

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Bill would open records of gated community meetings

More than half — 64 percent — of homes in Pike County are inside private homeowner association developments, according to county and U.S. Census data. Except for the fact that there are no grocery stores or gas stations inside, these developments are like cloistered little towns, each with its own personality and elected boards of directors. … …Read More Here

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Mesa HOA Foreclosure

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NJ Supreme Court Upholds Political Sign Rights

By Chris Morran Earlier today, the Garden State’s Supreme Court issued a 5-1 ruling against an HOA that ordered a resident to take down campaign ads from his house. Per HOA rules, only “For Sale” signs are allowed. But in the court’s ruling, it wrote that the rule barring political signs “has barred virtually all expressional activity.” After weighing the HOA’s private property interest against the homeowner’s right to free expression, “we conclude that the sign policy in question violates the free speech clause of the State Constitution,” explained the court. –> Read Complete Story Here

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HOA Corruption Involves Police

By Jeff German Retired Las Vegas police Capt. Frank Sutton has struck a deal to plead guilty in the high-profile federal investigation of Las Vegas Valley homeowners associations.  The investigation has focused on a massive fraud scheme to stack associations with board members who would steer legal, community management and construction defect contracts to favored firms.  Sutton is the last of three retired Las Vegas police officers linked to the investigation to face charges. A fourth former officer killed himself early in the four-year investigation. –> Read Complete Story Here

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Homeowner Association Members Lose Fees

By Demond Fernandez

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More On Vegas HOA Scandal

Bloomberg Businessweek last year called it “The king of all Vegas real estate scams,” and that’s not an overstatement. The facts that have been revealed so far are almost too much to believe. For several years, HOA boards were allegedly stacked through dubious means, including fraudulent ballots and straw purchases so those buyers could be elected to the boards to benefit those involved. Some management companies even went along with it all as the HOAs were overbilled for repairs and sometimes charged for work that didn’t get done. –> Read Complete Story Here

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The HOA Scandal

By IRA HANSEN Four suicides, a single lawyer making more than $100 million, a man beaten severely, voter fraud, homeowner association manipulation, family companies left bankrupt, ripped-off homeowners and now dozens of federal indictments. These developments in Southern Nevada are collectively known as the “HOA scandal” – but, ironically, they have little to do with HOAs. Rather, the mushrooming scandal is clearly caused by the Legislature’s failure to change a single sentence of our state’s construction defect laws. –> Read Complete Story Here

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Gated HOA Gated Community Streets Responsibility

By Robert Lee Long Citizens say streets in Cross Creek, a private gated community in Hernando, are in need of repair and one of the ways to upgrade their condition is to make them public. One way to achieve improvements and upgrades is to turn the streets over to the city. At issue, however, is the fact that plats of the subdivision will have to be changed, and if the streets are taken into the city, they will have to be accessible to the public. Leigh Pegram, president of the Cross Creek Homeowners Association, said the group is exploring their … Click Here For Entire Entry

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Homeowner Association Attorney Ethics

By Jan Bergemann In a perfect community association world the association attorney would make sure that the interests of all members of the community are represented when acting on behalf of the association. The actions of the attorney would benefit all members of the community – since all are paying the legal bills equally. Board members and owners should be able to rely on an attorney, who acts as the professional the association hired to represent its legal interest. But since we are not in a perfect community association world, we see lots of problems caused by association attorneys who … Click Here For Entire Entry

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HOA Board Sues Over Flowers

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HOAs Adjust To Texas Law Changes

By MATTHEW WATKINS Want to go green by harvesting rainwater and installing solar panels at your house? Your homeowners association can no longer stop you, even if it considers the projects eyesores. Religious symbols under a certain height and flagpoles with United States, Texas or military flags are now also fair game. And if your homeowners association wants to foreclose on your home for missed dues and unpaid fines, there are new hurdles it must clear. That is because of a series of new laws passed during the 2011 legislative session that have shaken up how the state’s numerous and … Click Here For Entire Entry

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Illinois Condominium Associations Could Be Sold

Under the newly modified Condominium Act, it is a possible scenario that an existing Condominium Association can, in essence, be ‘sold’. –> See Referenced Legislation – Distressed Condominium So, how could this happen? Under the distressed condominium section of this Act, condominium communities that are ‘in trouble’ could be brought to court by their governing municipality (city, village). The court may order the appointment of a ‘receiver’ for the property. A receiver has full ownership, power, and authority of the properties involved. They can operate, manage, and delegate managerial functions to a person in the business of managing real estate. … Click Here For Entire Entry

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