Condo HOA lawyer says her client may continue fight against free speech

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By Deborah Goonan, Independent American Communities Some militant HOA-industry attorneys never cease to amaze. Take, for example, recent public statements made by Attorney Diane Silverberg, of Illinois condo association law firm, Kovitz, Shifrin, & Nesbit. According to Silverberg, and in contradiction to a recent Illinois Appellate ruling against her client, 111 East Chestnut Condominium Association, condo owners should not be entitled to free speech rights to criticize their condo board or management agent. As quoted Continue ReadingCondo HOA lawyer says her client may continue fight against free speech

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)

Missouri HOAs can no longer ban political signs

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By Deborah Goonan, Independent American Communities Take note residents of Missouri: Just in time for midterm elections, the state has a new law that makes it illegal for your homeowners’ association to ban political signs from your yard. House Bill 1887 was passed by the General Assembly and signed by former Governor Eric Greitens on June 1, 2018. Key facts about Missouri’s new campaign sign law: The good news: Missouri law prohibits total bans on Continue ReadingMissouri HOAs can no longer ban political signs

IL Supreme Court rejects appeal in condo free speech, due process case

By Deborah Goonan, Independent American Communities In Illinois, the recent Appellate Court decision in Boucher v. 111 East Chestnut Condominium Association now stands firm. The Defendant’s appeal to the State Supreme Court was officially denied on September 26, 2018. As explained in previous posts here on IAC, the Boucher case has significance for Free Speech and Due Process rights of residents in association-governed communities. The implications, going forward, are that leaders of homeowners, condominium, and Continue ReadingIL Supreme Court rejects appeal in condo free speech, due process case