Can an association restrict an individual’s right to bear arms? The answer, though nuanced, is likely in the affirmative. An association’s board has wide authority under the governing documents to restrict everything from paint color to holiday decorations, as long as the action is reasonable. See, e.g., Allnutt v High Court of Foresters, 62 Mich 110, 28 NW 802 (1886);Read more
Category Archives: Free Speech
Syma Chowdhry of WXYZ (Channel 7) interviewed Kevin Hirzel today regarding first amendment rights to fly the confederate flag on privately owned property and in community associations. Watch “The Now” at 4pm on August 28, 2017 to learn about how a condominium association, homeowner’s association, co-op or apartment can legally restrict confederate flags and potential pitfalls for community associations underRead more
Over the past decade, the popularity of living in a common interest community, particularly condominium and homeowners associations, has risen significantly. According to recent statistics provided by Community Associations Institute, there are over 340,000 community associations, over 26 million housing units, and over 68 million residents living in these associations in the United States. As these numbers continue to grow,Read more
Expressing Opposing Views in a Condominium: Does Your Condominium Have the Right to Silence Free Speech?
Introduction Another election year is upon us, and with that comes the realization that neighbors in your condominium may not hold your political and ideological views. With this realization also comes the belief that, regardless of your own political views, those neighbors with views contrary to your own appear to be the most vocal. Most co-owners believe that the rightRead more