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Facts

Marshall Spiegel, the Unit Owner, had been in constant litigation with his Association for over 20 years regarding various matters surrounding the operation and maintenance of the common areas.  One of these lawsuits sought to establish set dates in which the community pool was to remain open, among other things. Spiegel and Association agreed to resolve the dispute by entering into a settlement agreement which established set dates that the pool was to remain open and it was further agreed that “[Spiegel is] not to post any documents relating to the 1618 Sheridan Road building on the windows of his unit, [or]… immediately adjacent to any windows of his unit … with the intent that such documents be readable to passersby.”

After the settlement had been reached in 2000, Spiegel continued to post 1618 Sheridan Road-related signs on a mannequin located in close proximity to the window of his ground-level unit, including two in 2014, two in 2018, and then at least twice a month beginning in April 2020 and lasting until June 2020. In June of 2020, Spiegel filed a petition to enforce the settlement agreement because the community pool was not open during the agreed upon dates (due to the on-going COVID-19 pandemic). The Association counter petitioned to enforce the portion of the settlement agreement precluding Spiegel from posting signs relating to 1618 Sheridan Road.
Continue Reading Can you Agree to Waive your First Amendment Rights?

My good friend Jim Slaughter, a CCAL attorney from North Carolina, just posted the following on his blog (I have condensed simply to show what other states are doing).  You can read his entire blog HERE.

North Carolina Democratic Governor Roy Cooper announced Executive Order No. 204 (“Further Easing of Restrictions on Business and Gatherings”) which took effect on March 26, 2021.  While the order was 27 pages long, here a couple of the items that Jim highlighted from the order:

“Indoor or outdoor pools. Indoor and outdoor pool facilities must do all of the following:
Continue Reading Pools and Fitness Centers are Starting to Open Around the Country

Kid Armwrestler

Does your Association have rules that target children?  Does your Association have rules that apply differently to children and adult residents within the community?  The following case is a cautionary tale for Condominium Associations and HOAs—repeal those rules now, or potentially face a losing battle pursuant to federal law.

Facts

In a federal district court case from early 2020, a homeowner brought suit against his HOA alleging that the Association’s rules with respect to use of the tennis courts, the pool, and clubhouse were discriminatory.  The tennis court rules stated that adults had court privileges over children after 3:00 PM on weekdays and any time on weekends and holidays.  The pool rules stated that residents 14 through 18 years of age were limited to one pool guest per person, while adult residents were permitted to have up to 6 pool guests at a time.  The clubhouse rules stated that it was reserved for adult use only during summer months while the pool was open.  The homeowner claimed that these three rules discriminated against families with children (also known as “familial status”), which is prohibited by the federal Fair Housing Act (FHA).
Continue Reading Rules that Target Children Really Target Your Association (for Discrimination Lawsuits)