‘Put it in the back yard:’ Yet another HOA restricting the American flag

American-flags-small-lawn

By Deborah Goonan, Independent American Communities If Sergeant Chris Link wants to display the American flag in his HOA-governed Texas community, he’ll have to put it in his back yard. That’s the suggestion offered by Falls of Fox Creek HOA manager, Tosha Purifoy, as reported by KCEN Channel 6. HOA rules in the Killeen community limit flag displays to just 4 days per year: Memorial Day, Labor Day, Veterans Day and Flag Day. The rest Continue Reading‘Put it in the back yard:’ Yet another HOA restricting the American flag

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 (April/May 2019)

Case law books court legal appeal

By Deborah Goonan, Independent American Communities Spring highlights: Fair Housing Act violations, important HOA priority lien opinions, reversal of an Idaho jury decision, and more proof that HOAs and developers must abide by their own governing documents.   HOA, CC&Rs cannot banish Adult Foster Care home from community Unpublished opinion, State of Michigan Court of Appeals Appellate Court rules that Michigan HOAs cannot use deed restrictions on use of property to exclude certain Adult Group Continue ReadingHOA, condo & co-op case law and litigation highlights (April/May 2019)

HUD lawsuit: Bay View HOA accused of violation Fair Housing Act – again

By Deborah Goonan, Independent American Communities Bay View, a seasonal community near Petoskey, Michigan, is in the news again for its alleged religious discrimination policy. In July 2017, members of the Bay View Chautauqua Inclusiveness Group sued Bay View Association, claiming the HOA limited ownership of cottages to members of the “Christian persuasion.” A Judge has already heard arguments, and the parties to the lawsuit await the court’s decision. In August of 2018, board members Continue ReadingHUD lawsuit: Bay View HOA accused of violation Fair Housing Act – again