"It's a massive, ad hoc privatization of government services," said Evan McKenzie, a University of Illinois at Chicago associate professor of political science and critic who has written two books on the topic. "That's why you get these weird situations.
"It makes sense to (homeowners groups) from a property-management perspective," he said. "But if you view it another way, the actions of any government are supposed to be limited by concepts of civil liberties. Civil liberties don't always apply here."
An Illinois appeals court in a strongly worded ruling last month found that Lake Holiday's practice of stopping and detaining drivers for violating homeowners association rules was unlawful. The court also found that the association's use of amber-colored flashing lights on its vehicles was unlawful and that the association could be held liable for Poris' false imprisonment claim.
A LaSalle County judge had previously ruled in favor of the homeowners association.
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Indeed. I couldn't have said it better myself.
Here's the meat of the opinion:
"As set forth above, the Association's security department's practices of stopping and detaining drivers for violating Association rules and using amber flashing and oscillating lights on its security vehicles are unlawful. Thus, the trial court erred in granting summary judgment to the Association on those issues. We affirm the court's grant of summary judgment to the Association on plaintiff's claims that the Association's use of recording equipment and radar violate Illinois law. However, we reverse and remand for the trial court to grant summary judgment to plaintiff on his claims that the Association's practices of stopping and detaining drivers for rule violations and of using amber lights on their security vehicles are unlawful...Because Podnar restrained plaintiff for violating an Association rule, not a criminal law, plaintiff established the elements necessary for his false imprisonment claim. The trial court erred in granting summary judgment to the Association on that count. We reverse and remand to the trial court to enter summary judgment in favor of plaintiff on the liability portion of his false imprisonment cause of action and to determine plaintiff's damages."
The case is:
No. 3-11-0131
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT
2012 Ill. App. LEXIS 42; 2012 IL App (3d) 110131
January 24, 2012, Opinion Filed
3 comments:
Well when an HOA attempts an enforcement stop with a real cop like this one, naturally the cop wonders what's up.
Vas das zis mean fur der HOA's zat haff der Kooler?
Und remember, I am just za guard...
Sgt Schultz
CAI General Staff
So it takes
- a former police commissioner who now has a law practice (the story implies that he's an attorney)
- "who handled his own case with help from several other attorneys"
- with the means and time to assert his rights in court for 3 years
- all the way to an Appeals Court
to fight an H.O.A.
The story notes that this homeowner's case is "a type that lawyers rarely take up because they don't pay."
What chance does an ordinary serf have?
Contrary to claims made by the disciples of Ayn Rand, we are not all equal under the law. I'm sure the same right-wingers are gnashing their teeth at the thought that a natural person was able to bring a lawsuit against an artificial person known as a corporation. Which explains why their idea of "tort-reform" is to prevent individuals from asserting their rights.
"Bruce Lyon, an attorney for Lake Holiday, said there is a "high likelihood" that the association will ask the state Supreme Court to hear an appeal." Of course Mr. Lyon will attempt to create as many billable hours as possible. The costs will be passed on to the homeowners in the H.O.A., including Ken Poris, so Lyon's client -- the H.O.A.'s board of directors -- have no incentive to control costs. As the saying goes, suing an H.O.A. is like suing yourself.
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