Category Archives: lawsuit

Free Speech Rights Upheld in NJ — Six Year Legal Battle‏

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guest blog by Deborah Goonan

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.

The Supreme Court’s finding sets the records straight: First Amendment free speech residents in HOA, Condo, or Co-op in NJ must be upheld, and cannot be unduly limited by the Board. Constitutional free speech protections trump CC&Rs and Rules barring solicitation of residents, when such speech goes to the heart of democratic process of engaging in political discourse.

Kudos to Frank Askin, Rutgers School of Law professor who filed an amicus brief on behalf of the American Civil Liberties Union of New Jersey.

Thanks to the NJ Supreme Court’s unanimous decision upholding the state’s Constitutional rights in Common Interest Communities, the tide of decades of injustice is finally turning.

(link to story on fighting over leafletting)

Health Problems, Computer Problems, & a Dash of Old Age!

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In complaining the other night about health problems, age problems and computer problems, I completely forgot the main point of bringing all of this up in the same post. It was a way of directing you to one of the funniest commentaries on old age that I’ve ever seen. It was a speech to the Conference on Aging done by a well known California weatherman.

You may end up with some laughter-related medical problems of your own. 

 

 

A New HOA Book Comes Out

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More and more people who’ve been burned by their Homeowners Associations are going public with their horror stories. The latest is from a resident of Las Vegas, Robert Stern. His book is entitled, “HOA Wars: What Happens in Vegas Can Happen Anywhere.”

Stern owns several houses in different parts of the country. But because he travels among them he’s run afoul of HOA boards that raise complaints that a Stern home isn’t being properly maintained. This, despite the fact that he pays dues which are supposed to pay for property maintenance. For retired people (who are often the ones targeted by abusive HOAs) being a snowbird can be dangerous. Some HOAs, notably in Nevada, have actually outlawed homeowners who aren’t full time residents.

Yes, folks, the HOA movement is getting scary. But it’s encouraging to see more and more people step up and tell the world about their own HOA nightmares.

“You have enemies? Good. That means you’ve stood up for something sometime in your life.” -Winston Churchill

(link to Stern’s new website on HOA Wars)

 

Judge Rules Frisco City House Can Stay in HOA While Civil Case Pending

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guest blog by Deborah Goonan

On October 31, 2014, a District Judge in Texas ruled against a demand by a Homeowners Association that a group home in the neighborhood be shut down. City House has 8 residents, young women who would otherwise be homeless. But the legal battle is not over.

A report from the Dallas News which discusses key arguments in the dispute is linked below.

Chad Robinson, who represents the Plantation Resort 2 Homeowners Association, claims that neighborhood deed restrictions require that homes only be used by single families, people related by blood or by law. He acknowledges there are exceptions for such things as nannies or single renters. But he says eight unrelated women in a transitional living program cannot be considered a single family.

Monica Velazquez, attorney for City House, argued that the non-profit transitional living program operates similar to a single-family unit. “It’s what the home is being used for, not who gets to live inside.”

Darlene Horan, HOA Board member and Real Estate Agent, offered the usual, predictable testimony that if the rules aren’t followed, home values will plummet.

But where is the evidence behind such a claim? And what is the underlying intent of this testimony?

Ms. Horan’s argument is eerily similar to fear-mongering marketing claims of the 1940s-1960s – that families who are ‘different’ from the norm will ruin the neighborhood for everybody. “There goes the neighborhood!” The old fear tactic being used again, albeit in more covert fashion.

Instead of fretting about racial diversity, per se, now some HOAs are fretting about “single family use,” and attempting to conjure up a new definition of family designed to exclude certain types of households from moving into Utopia.

You can be certain that the City House residence will remain a target of this HOA board while a civil case is pending.

(link to Dallas Morning News story on City House)

 

You’re A Brave Man, Greg Chumbley!

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You’d think that a prospective homeowner would be allowed to see the community financials when he’s buying a home, especially if it’s in the neighborhood covenants and ingrained in state law. But as I’ve long said, most HOA boards feel they’re above the law. And usually they’re right. Challenge them and they’ll take you to the cleaners.

That’s what’s happening in a developing story in Florida. The Village Walk of Naples has 850 homes behind its private gates. It employs eight people including the ‘town manager.’

When new homeowner Greg Chumbley asked the board of directors to show him the HOA’s financials they basically told him to take a hike. All Chumbley wanted to know is how much of his dues were going to pay for those eight employees.

The board claims that giving the public any record of its expenses might lower property values in the HOA. Really? That’s the kind of thumb-in-mouth attitude that makes a majority of Americans despise those gated communities. With all the tens of thousands of cases of neighborhood embezzlement, bribery and extortion that goes on in HOA Amerika it also raises a whole lot of understandable suspicion. “Light (truth) is the best disinfectant,” said a famous Supreme Court Justice.

Chumbley has now filed a lawsuit demanding that his HOA obey the law. The first hearing is December 1st.

Chumbley is a brave, brave man for a host of reasons. Not only is he “slapping this mule upside the head,” he’s doing it very publicly by releasing his phone number and ‘share button’ on his website.

Greg, you can’t imagine the number of admiring fans you have across the country. Please let us know how your case turns out.

Contact: Greg Chumbley,  239-300-6169

(link to press release on Chumbley’s lawsuit)