Tuesday, February 28, 2006

East Brainerd, TN, Man Countersues Homeowners' Association

This story, sent by Fred Pilot, is from the Chattanooga area. Not what you normally consider a hotbed of HOAs, but that just shows you how this is no longer a retirement-belt issue. And the issue is interesting because of the HOAs claim that political signs hurt property values. I think that's a tough case to prove, but let them try.

Paul and Linda Gearinger's attorney has filed a counter lawsuit against the Hamilton Mills Homeowners' Association. The association sued the Gearingers for breaking a sign covenant and for creating a nuisance in the neighborhood. Part of the sign read, "Bush Lied; Soliders Died." The association's lawsuit claimed the sign was creating problems for a nearby homeowner tyring to sell their house. The suit states a potential buyer was turned off by the anti-Bush sign. Now, the Gearingers are counter-suing the homeowners' association, claiming it's using deed restrictions as a way to control and limit speech it does not like.

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