Category Archives: Constitutional and Civil Rights and your HOA

Why won’t Libertarian advocacy groups speak out against HOA abuse?

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An Opinion By Deborah Goonan, Independent American Communities Last month, IAC published a post comparing cities and HOAs that rely heavily on fining their residents to generate cash for their communities. Today’s post follows up with an important question. Why do Libertarian-leaning think tanks express contempt and outrage about local government’s Eighth Amendment violations against its residents, yet completely ignore the same behavior committed by HOAs against its residents?   City fines homeowner $30K, files Continue ReadingWhy won’t Libertarian advocacy groups speak out against HOA abuse?→

USSC rules in favor of property rights — how will this affect HOAs?

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By Deborah Goonan, Independent American Communities debgoonan@icloud.com Two June US Supreme Court decision in Knick vs. Township of Scott, Et.Al., and Manhattan Community Access Corp. Et al. Vs. Halleck Et al., shed light on Constitutional protections for land and homeowners. This post examines both in light of HOA issues. Knick Case overview The USSC overturned a 34-year-old legal precent, that, as the majority ruled, unfairly prevented American property owners from bringing “Takings” claims in federal court. Continue ReadingUSSC rules in favor of property rights — how will this affect HOAs?→

No more religious discrimination: Feds to review Bay View’s home sales for 5 years

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By Deborah Goonan, Independent American Communities Property owners who sued the Bay View Association on charges of religious discrimination in 2017 scored a victory this week.  A Department of Justice mediator hammered out an agreement with the community’s board of trustees, following HUD’s determination in February. As reported in February, HUD found that Bay View’s policy requiring new homeowners to be practicing Christians was a violation of First Amendment religious freedoms and the Fair Housing Continue ReadingNo more religious discrimination: Feds to review Bay View’s home sales for 5 years→

HOA law in Maryland streamlines deletion of racial, religious discriminatory covenants

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By Deborah Goonan, Independent American Communities Rodgers Forge, a deed restricted neighborhood in Towson, Maryland is reportedly the first homeowners association-governed community to delete covenants restricting residency based upon race, religious belief, or national origin. The Towson Times reports that volunteers from the 1,800 home neighborhood spent months searching and identifying 85 recorded covenants with racially restrictive language. The group worked alongside their HOA and their neighbors to strike illegal restrictions under the Fair Housing Continue ReadingHOA law in Maryland streamlines deletion of racial, religious discriminatory covenants→