Category Archives: HOA litigation and case law

NJ Court: Lake Parsippany Easements obligate homeowners to pay POA fees

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By Deborah Goonan, Independent American Communities   On October 7, the Superior Court of New Jersey, Morris County, ruled that the Lake Parsippany tract of homes forms a common interest community, as defined by NJ statute. Furthermore, as Justice Stuart A. Minkowicz wrote in the court’s opinion, homeowners enjoy the benefits of living near the lake, as granted by easements in their property deeds. Attorneys for LPPOA conducted a search of 25 titles of homes Continue ReadingNJ Court: Lake Parsippany Easements obligate homeowners to pay POA fees→

Update on Chicago condo owners’ free speech lawsuit

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By Deborah Goonan, Independent American Communities debgoonan@icloud.com   In May 2019, an attorney representing a Chicago Condominium Association hinted about her client’s intent to file an appeal with Illinois Supreme Court, hoping to reverse the First District Appellate Court’s ruling in favor of free speech rights of a condo owner. Early this summer, Diane Silverberg (Kovtiz, Shifrin, and Nesbit) filed a Leave to Appeal of the decision in the Illinois Appellate Court of the First District, Continue ReadingUpdate on Chicago condo owners’ free speech lawsuit→

HOA’s 10-year assault on free speech comes to an end

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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→

HOA, condo & co-op case law and litigation highlights (July 2019)

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By Deborah Goonan, Independent American Communities, debgoonan@icloud.com This month: court decisions affecting amendment of CC&Rs, HOA priority liens, foreclosure standards, Fair Housing Act accommodations, and much more.    Court approves reduction of percentage membership vote needed for amending CC&Rs (CA) Did you know that sometimes a judge can make it easier for your HOA-governed community to amend its restrictions? The case of Orchard Estate Homes, Inc. v. Orchard Homeowners Alliance is one example. The Owners’ Association Continue ReadingHOA, condo & co-op case law and litigation highlights (July 2019)→