By Deborah Goonan, Independent American Communities firstname.lastname@example.org 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?
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
By Deborah Goonan, Independent American Communities Should Florida condo owners be fined and potentially sued by their association for posting a video recording of a meeting on YouTube? Or do owners have a First Amendment right to publish condo meetings? That’s the latest legal question to be tested in the Sunshine State. The dispute began when two owners of condo units in Key Biscayne, Matt Bramson and Maria Bueno, videotaped an association meeting in January. Continue ReadingFL First Amendment dispute: condo HOA threatens fines, lawsuit if meeting videos posted on YouTube
By Deborah Goonan, Independent American Communities Every once in a while, homeowners win small victories, and finally reach the end of their HOA nightmares. It happens when good people get involved and do the right thing. Today’s post shares three rare examples of HOA good news, and a glimmer of hope for millions of other homeowners and residents stuck in HOA hell. FL mobile home park says Catholic resident can keep her painting of Continue ReadingHow about some HOA Good News for a change?