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
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 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?
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