In the recent landmark victory for HOA residents, Dublirer v. 2000 Linwood Avenue Owners Inc., Amicus Briefs were filed on behalf of both Plaintiff and Defendant. While CAI’s Amicus Brief filed on behalf of the defendant was not considered by the court, due to its late filing date, in this blog, for the sake of comparison, I will briefly summarize the opposing arguments, and offer my analysis.
Note to readers who may not be aware: In legalese, the term Common Interest Community (CIC) is used to encompass what we generically call HOAs: homeowners’ or condominium associations, cooperatives, master planned communities, and the like.
Colorado has been making news on HOA websites lately. In direct contradiction to Colorado state law, Lakewood city officials have recently passed an ordinance that prevents condo owners from suing developers for construction defects.
There are two sides to the issue of construction defects. Builders want to avoid litigation in lieu of binding arbitration, with the opportunity to correct defects. They maintain that defects are often minor, or that defects are a result of poor maintenance by the HOA, rather than shoddy construction.
Although not widely reported in the news, Federal and local governments, working with private investors, have created a yet another privatization plan to “save” Affordable Housing in America. The Department of Housing and Urban Development (HUD) has begun a pilot program known as Rental Assistance Demonstration (RAD), which they claim promises to preserve our dwindling, aging stock of Public Housing, much of it constructed in the 1960s and 1970s.
Great news! The Supreme Court of NJ did right by the First Amendment, upholding free speech rights for residents of HOAs, Condos, and Co-ops in the state.
It took six long years, and the determination of resident of Mediterranean South, Robert Dublirer, a semi-retired, former criminal prosecutor from NY.
Dublirer was a critic of the former condo Board, and in 2008, contemplated running for a seat on the Board. However, the Board at the time prohibited him from placing campaign leaflets under the doors of residents, so Dublirer sued the Association for violating his rights to free political speech.
Members of a recent Urban Land Institute (ULI) panel are reporting high demand for urban housing, both within existing city cores and in densely populated “instant cities” (HOAs), created by developers in suburban locations near mass transit.
The attached article highlights how the major players in American housing policy and the real estate industry are not all on the same page.
Housing policy makers still push home ownership as the endgame, while NAR and CAI lobby Congress to pass FHFA proposals to relax mortgage standards. Meanwhile, developers and investors are shying away from less profitable, more risky condominiums, and engaging in new construction and redevelopment for the rental market.
