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

HOA, condo & co-op Case Law and Litigation highlights (March 2019)

Case law books court legal appeal

By Deborah Goonan, Independent American Communities This month: Important SCOTUS ruling on FDCPA; Due process in HOAs; Business Judgment Rule not absolute protection for co-op board; FL condo association can revive its expired covenants   U.S. Supreme Court decision: a law firm that engages in nonjudicial foreclosure is not a debt collector In the case cited below, the SCOTUS ruled that a homeowner cannot use the Fair Debt Collection Practices Act as a defense in Continue ReadingHOA, condo & co-op Case Law and Litigation highlights (March 2019)

Three outrageous HOA lawsuits (March 2019)

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By Deborah Goonan, Independent American Communities This month: an Oregon HOA wants to end mandatory contributions to a builder’s nonprofit; a Pennsylvania homeowner appeals a case that seems like an obvious condo board conflict of interest; and the Texas AG fights an HOA’s attempt to incorporate as a city. Do you know what those closing fees are for? Buying  a home is expensive. In addition to the purchase price, a buyer is likely to pay Continue ReadingThree outrageous HOA lawsuits (March 2019)

Who’s suing the HOA now? (Feb 2019)

By Deborah Goonan, Independent American Communities This month: class action lawsuit involving special assessment for balcony defects; homeowner sues claiming racial discrimination; HOA refuses to allow veteran to put up a flagpole and fly the American flag Georgia: Class action lawsuit says condo association relied on fake building engineer’s advice, and it cost unit owners $5,000 apiece According to a report from WSB-TV, several years ago, homeowners of 1280 West condominium were forced to pay Continue ReadingWho’s suing the HOA now? (Feb 2019)