Notable HOA Lawsuits (Summer 2019)

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By Deborah Goonan, Independent American Communities New and former board members fight over access to records, a condo owner sues HOA over denial of radon mitigation, a CDD declares bankruptcy, and more. Former HOA board members sue their own HOA According to a FoxNews report from West Houston, there’s trouble brewing in Clayton Woods subdivision. Last year, some new board members took over, only to learn that their HOA was deep in debt with almost Continue ReadingNotable HOA Lawsuits (Summer 2019)

Like city government, HOAs impose abusive fines and fees

We the people Constitution

By Deborah Goonan, Independent American Communities Housing consumer advocates have spent the past several years exposing abusive fines and fees imposed by homeowners, condominium, and cooperative associations. Unfortunately, most advocacy groups ignore HOA abuse, even though it closely mirrors the behavior of some oppressive local government leaders. Local governments have long had the authority to impose fines for violations of health and safety codes. But recent trends reveal that city and county leaders are enacting Continue ReadingLike city government, HOAs impose abusive fines and fees

Condo HOA lawyer says her client may continue fight against free speech

We the people Constitution

By Deborah Goonan, Independent American Communities Some militant HOA-industry attorneys never cease to amaze. Take, for example, recent public statements made by Attorney Diane Silverberg, of Illinois condo association law firm, Kovitz, Shifrin, & Nesbit. According to Silverberg, and in contradiction to a recent Illinois Appellate ruling against her client, 111 East Chestnut Condominium Association, condo owners should not be entitled to free speech rights to criticize their condo board or management agent. As quoted Continue ReadingCondo HOA lawyer says her client may continue fight against free speech

IL Appellate court upholds First Amendment rights of condo residents

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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