HOA, condo, co-op litigation and case law highlights (May 2018)

By Deborah Goonan, Independent American Communities A collection of interesting and important case law from around the U.S. New rulings affecting HOA Collections, foreclosure liens, and rules enforcement in several states across the U.S. MARYLAND’S HIGHEST COURT HOLDS THAT CONDOS MAY NOT BY RULE SUSPEND A UNIT OWNER’S ACCESS TO COMMON ELEMENTS FOR DELINQUENT ASSESSMENTS Posts …

Advertisements

SC law would prevent home builders from suing private citizens for speaking out against new construction

Citizens Participation in Government Act would have created anti-SLAPP statute in SC.   By Deborah Goonan, Independent American Communities   The Post and Courier recently published some articles about a lawsuit initiated by home builder Ashton Woods against the town of Mount Pleasant, after several private citizens spoke publicly against a townhouse development. According to …

California towns imitating HOAs, attorneys reap profits

By Deborah Goonan, Independent American Communities I’m seeing a disturbing trend: reports of local government corruption and profiteering. And the strategies being used by town, city, and county elected officials mirror abusive tactics commonly used in association-governed communities. As you read the following article published by Reason magazine, note the parallels to HOA-ville. First, a …

Are HOAs actually “a form of local democracy with leaders elected by their neighbors?”

It’s time to debunk one of the most deceptive political statements repeatedly made by the HOA industry’s most influential trade group By Deborah Goonan, Independent American Communities On their Facebook Page, Community Association’s Institute (CAI) prominently posts an infographic entitled “The HOA Fundamentals.” Here's a screen shot, along with the source link: https://www.facebook.com/CAIsocial/photos/a.393580374014337.87323.297394356966273/1750665821639112/?type=3&theater Every single one of these …

Hindu resident files religious discrimination lawsuit against Philadelphia condo association

A Hindu symbol is at the heart of a Fair Housing lawsuit, continuing the latest trend of religious rights lawsuits involving HOAs and condominium associations By Deborah Goonan, Independent American CommunitiesAkhil Tripathi explains to local and national news media that religious discrimination is happening at his 42-story luxury condo tower, located in one of the …

NM: HOA removes homeowner’s back yard fence without notice. Why?

By Deborah Goonan, Independent American Communities State by state, journalists are finally reporting the truth about life in association-governed communities. The latest report of outrageous HOA rules enforcement comes from KOB4 reporter Chris Ramirez, Albuquerque, New Mexico. Of course, it’s common knowledge that HOAs have some crazy rules when it comes to installation of a fence …

NY Condo board bully ousted, Hitler and Mussolini decor removed from lobby

By Deborah Goonan, Independent American Communities   When a regulatory agency does its job, justice is served. Readers may recall previous reports of abuse at a Sunnyside, Queens condominium. Residents complained that their property manager, Neal Milano, had transformed the lobby into a display of Nazi imagery. Residents said Milano and some members of the …

Arizona HOA, condo, co-op legislative updates (April 2018)

By Deborah Goonan, Independent American Communities   The Arizona Legislature just took three steps forward toward protecting the rights of homeowners and shareholders in association-governed communities. Governor Doug Ducey has signed all three of the following bills, which are now law in Arizona.   HB-2262: Condominium Termination Compensation In Arizona, the condominium association termination trend …

How one FL condo association is trying to get around a Fair Housing lawsuit

The solution: simply tweak the language of the rules By Deborah Goonan, Independent American Communities   Remember, Cambridge House, the Port Charlotte condo association that decided to ban a bible study group - and all other religious activity - from its meeting room? That blatant violation of religious freedom led to Donna Dunbar’s fair housing lawsuit …

Chicago attorney – condo owner asks Cook County judge to void unconstitutional ordinance

By Deborah Goonan, Independent American Communities   In January, here on IAC, I posted an article about the City of Chicago’s intent to circumvent state law with regard to condo unit owner access to contact information and voting interests of fellow association members. (See City of Chicago seeks to undo state law pertaining to records requests …