Chicago attorney – condo owner asks Cook County judge to void unconstitutional ordinance

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

HOA, Condo, Co-op litigation and case law quarterly highlights (March 2018)

By Deborah Goonan, Independent American Communities   Carl Thompson v. Lamplight Village Homeowners Association, docket number A-14-697688-C. Latest update on Lamplight Village HOA liability for $20 million verdict: Very little information is being released by the HOA to the general public. However, the following letter from attorney Michael W. McKelleb, independent counsel for Lamplight Village HOA, has been released on two public access Facebook pages. According to McKelleb, Mr. Thompson (the Plaintiff) has agreed not Continue ReadingHOA, Condo, Co-op litigation and case law quarterly highlights (March 2018)

Do homeowners experience due process in HOAs?

By Deborah Goonan, Independent American Communities Following yesterday’s blog, Legislation should limit power of HOAs, a reader sent the following comment: This article raises many important issues and misunderstandings about HOA governance. At the Owner level, far too many Owners do not understand their Governing Documents and their rights and duties under those Governing Documents, particularly their due process rights and their duties to elect the Board of Directors. They, too often, don’t exercise their right Continue ReadingDo homeowners experience due process in HOAs?

NV Supreme Court finds HOAs have no obligation to uphold Constitutional property rights

By Deborah Goonan, Independent American Communities   The court has ruled that the HOA is not a state actor   Property owners in Association Governed Communities face another assault on their rights in the form of the HOA priority lien. According to a recent report in the Review Journal, the Nevada Supreme Court issued a ruling affirming their previous decision that the HOA priority lien extinguishes a first mortgage. The investors who have acquired homes Continue ReadingNV Supreme Court finds HOAs have no obligation to uphold Constitutional property rights