Update on Chicago condo owners’ free speech lawsuit

By Deborah Goonan, Independent American Communities debgoonan@icloud.com   In May 2019, an attorney representing a Chicago Condominium Association hinted about her client’s intent to file an appeal with Illinois Supreme Court, hoping to reverse the First District Appellate Court’s ruling in favor of free speech rights of a condo owner. Early this summer, Diane Silverberg (Kovtiz, Shifrin, and Nesbit) filed a Leave to Appeal of the decision in the Illinois Appellate Court of the First District, Continue ReadingUpdate on Chicago condo owners’ free speech lawsuit

Attorneys say HOAs entitled to undermine Constitutional rights

We the people Constitution

By Deborah Goonan, Independent American Communities Debgoonan@icloud.com   In spite of recent state Supreme Court decisions in their favor, homeowners and residents in HOA-governed communities face an uphill battle for their Constitutional rights. That battle has been brewing since the 1970s. At that time, federal housing agencies threw their financial support behind deed-restricted common interest communities (commonly known as homeowners associations). But the fight for community association residents’ rights became more fierce over the years. Continue ReadingAttorneys say HOAs entitled to undermine Constitutional rights

HOA’s 10-year assault on free speech comes to an end

Free Speech constitution first amendment

By Deborah Goonan, Independent American Communities What happens when homeowners choose to be politically involved in their HOA-governed community? Industry trade groups would have the public believe that HOAs encourage homeowners to be active participants in their community’s self-governance. But, more often than not, IAC hears from owners who face backlash when they question the HOA board’s priorities or decisions. Mike Glassic and his wife, Noreen Gorka, both Pennsylvania homeowners, know the pain of HOA Continue ReadingHOA’s 10-year assault on free speech comes to an end

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

We the people Constitution

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 precedent, 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?