No more religious discrimination: Feds to review Bay View’s home sales for 5 years

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

HOA law in Maryland streamlines deletion of racial, religious discriminatory covenants

50th anniversary fair housing HUD poster

By Deborah Goonan, Independent American Communities Rodgers Forge, a deed restricted neighborhood in Towson, Maryland is reportedly the first homeowners association-governed community to delete covenants restricting residency based upon race, religious belief, or national origin. The Towson Times reports that volunteers from the 1,800 home neighborhood spent months searching and identifying 85 recorded covenants with racially restrictive language. The group worked alongside their HOA and their neighbors to strike illegal restrictions under the Fair Housing Continue ReadingHOA law in Maryland streamlines deletion of racial, religious discriminatory covenants

HOA study shows link between prejudice and ‘weak’ local government

By Deborah Goonan, Independent American Communities Over the weekend there’s been some internet buzz about a newly released study on homeowners associations in the United States. The study, The rise and effects of homeowners associations, by Wyatt Clarke and Matthew Freedman, uses information technology and a mathematical algorithm to pinpoint HOA member homes across the United States. Their comprehensive data analysis points to some unsurprising conclusions. HOA communities tend to be racially exclusive, and HOAs are Continue ReadingHOA study shows link between prejudice and ‘weak’ local government

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)