By Deborah Goonan, Independent American Communities This past week, the controversial confirmation of Judge Brett Kavanaugh as Supreme Court Justice had the effect of raising America’s awareness of the importance of due process to the U.S. Justice System. Likewise, it has shined the light upon the principles of our Constitutional Republic. Due process is a distinctly American concept that begins with the premise that an individual is presumed innocent until proven guilty. Effective due process Continue ReadingDoes an HOA respect your due process rights? Don’t count on it.
Boucher v 111 E Chestnut Ruling was filed June 14, 2018. By Deborah Goonan, Independent American Communities The attorney for defendants in Michael Boucher v. 111 E. Chestnut Condominium Association has filed an appeal to Illinois Supreme Court, asking for a reversal of the Appellate Court Opinion in favor of the Plaintiff. In case you missed the previous post on this important Appellate Court Opinion, you can read about it here. Diane Silverberg, attorney of Continue ReadingDefendant asks IL Supreme Court to reverse Appellate Court Opinion in condo Free Speech case
Do we really need or want HOAs to be The Enforcers? Arizona Constitutional Rights advocate George K. Staropoli recently published a few posts on an important appellate court opinion in Turtle Rock III HOA vs. Lynne Fisher, involving a homeowners,’ condominium, or cooperative association‘s statutory right to impose monetary fines upon members who violate covenants, restrictions, rules, and regulations. In brief, the homeowner, Fisher, appealed a lower court’s ruling that Turtle Rock HOA was entitled Continue ReadingHere’s why HOA statutory power to fine must be outlawed
In Illinois, First Amendment protections cannot be denied by governing documents By Deborah Goonan, Independent American Communities Justice P. Scott Neville, Illinois Appellate Court (First District, Second Division) recently overturned a Cook County Circuit Court ruling against a condominium owner, and issued a court Opinion that acknowledges First Amendment rights of residents in condo associations. The case, Michael Boucher vs. 111 East Chestnut Condominium Association, Inc. and its board of directors, continues a trend Continue ReadingIL: Appellate Court opinion upholds rights of condo, HOA residents
By Deborah Goonan, Independent American Communities In January, here on IAC, I posted an article about the City of Chicago’s intent to circumvent state law with regard to condo unit owner access to contact information and voting interests of fellow association members. (See City of Chicago seeks to undo state law pertaining to records requests made by condo owners) Last month, as expected, City Council voted in favor of blocking condo owner access to the Continue ReadingChicago attorney – condo owner asks Cook County judge to void unconstitutional ordinance