Lawsuit: Town says Flintstone House is public nuisance, owner countersues

American Dream banner

Florence Fang says the Town of Hillsborough is violating her First Amendment rights, discriminating against her because she’s Chinese   By Deborah Goonan, Independent American Communities Today’s post involves the unusual property of a multi-millionaire, located on a hillside within view of California Highway 280. But it’s not governed by a homeowners association. Look at the details of this story – they vividly illustrate the irony of fighting for private property rights in a “free” Continue ReadingLawsuit: Town says Flintstone House is public nuisance, owner countersues

IL Appellate court upholds First Amendment rights of condo residents

Free Speech constitution first amendment

By Deborah Goonan, Independent American Communities A recent Cook County Appellate Court ruling reaffirms the First Amendment rights of condo owners in Illinois. On March 29th, in Brian Connolly v.  Anthony Milazzo, Mike Fish, Serap Brush,  and Glenn Greene, Justice Cunningham reversed the trial court’s dismissal of one of the Plaintiff’s primary claims. In his lawsuit, Connolly claimed his condo association board members imposed unjustified sanctions and fines against him, in retaliation, after he criticized the Continue ReadingIL Appellate court upholds First Amendment rights of condo residents

Vietnam Vet wins 20-year flag pole battle with HOA

American flag independence day

By Deborah Goonan, Independent American Communities The good news is that a Virginia delegate helped a Vietnam veteran convince his HOA to allow him to put up a flag pole for his American flag. The bad news: it took 20 years to resolve the dispute, and allow an American veteran to assert his rights and display his patriotism. Last Friday, WRIC Channel 8 News (Richmond) reported that Wyndham Homeowners Association finally told Richard Oulton that Continue ReadingVietnam Vet wins 20-year flag pole battle with HOA

HOA, condo, & co-op case law and litigation highlights (Feb. 2019)

Case law books court legal appeal

  By Deborah Goonan, Independent American Communities This month: HOA and homeowner rights when making construction defect claims; limited obligations for housing providers under Fair Housing Act; application of FDCPA to HOA fee collections; exceeding liability insurance limits; Free Speech in HOAs. Illinois: home and condo owners cannot hold subcontractors responsible for defective construction In a recent Supreme Court ruling, construction industry subcontractors scored a big win, at the expense of home and condo owners Continue ReadingHOA, condo, & co-op case law and litigation highlights (Feb. 2019)