Are Legal Remedies of Owners and HOAs Equitable?

Supreme Court Justice Anthony Kennedy recently wrote in an opinion that, “Property rights are necessary to preserve freedom, for property ownership empowers persons to shape and to plan their own destiny in a world where governments are always eager to do so for them.” Murr v. Wisconsin, 198 L.Ed.2d 497, 509 (U.S. Jun. 23, 2017). This principle goes beyond the eminent domain issues in Murr v. Wisconsin. Many HOAs and condominiums boards or property managers are eager to make decisions for (or ignore their duties to) owners. In the old days, legal enforcement of restrictive covenants was troublesome and uncertain.    Read the article…………..


Related Articles

Mortgage Industry Scores Big Nevada Supreme Court Win in Continued Battle over HOA Super-Priority Liens

Dismissive of this harsh result, theSFR Investments Court indicated that lenders could have mitigated this risk by paying off an HOA’s super-priority lien prior to the HOA’s foreclosure

Condo-monium over construction defect fable undone by real Colorado market statistics

It’s cockamamie construction bull crap that the home-builders have been using to blackmail Colorado into letting them off the hook when they build stuff that falls apart

Nothing wrong with private safety, but it feels weird

We’ve written a lot of stories about public safety in this newspaper. When you have the criminal element we’ve experienced