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   HOA, CC&Rs cannot banish Adult Foster Care home from community Unpublished opinion, State of Michigan Court of Appeals Appellate Court rules that Michigan HOAs cannot use deed restrictions on use of property to exclude certain Adult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

NJ Circuit Court rules condo association’s swimming schedule violates Fair Housing Act

Swimming-pool-feet-in-water

By Deborah Goonan, Independent American Communities Three years ago, A Country Place Condominium Association, Lakewood, New Jersey, made national news when two of its residents clashed with the condo board over its sex-segregated swimming pool policies. This week the U.S. Third Circuit Court struck down the condominium association’s swimming pool policy as a violation of the Fair Housing Act, because the swimming schedule favors men and discriminates against women. The ruling overturns an earlier decision Continue ReadingNJ Circuit Court rules condo association’s swimming schedule violates Fair Housing Act

IL Appellate court upholds First Amendment rights of condo residents

Free Speech constitution first amendment

By Deborah Goonan, Independent American Communities A recent Cook County Appellate Court ruling reaffirms the First Amendment rights of condo owners in Illinois. On March 29th, in Brian Connolly v.  Anthony Milazzo, Mike Fish, Serap Brush,  and Glenn Greene, Justice Cunningham reversed the trial court’s dismissal of one of the Plaintiff’s primary claims. In his lawsuit, Connolly claimed his condo association board members imposed unjustified sanctions and fines against him, in retaliation, after he criticized the Continue ReadingIL Appellate court upholds First Amendment rights of condo residents