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

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

We the people Constitution

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)