In today's episode, Becker Shareholder Jay Roberts, who represents community associations and developers with respect to all aspects of creating and operating planned community developments throughout Northwest Florida, sits down with Donna DiMaggio Berger to discuss two thought-provoking questions:
To shed light on the topic, they will delve into the 1945 US Supreme Court landmark case of Shelley v. Kraemer as well as several recent US Supreme Court cases relating to the Second Amendment. This case established the framework for determining whether private covenants violate the equal protections clause of the 14th amendment. The pivotal question revolves around whether a mandatory community association can enforce specific private covenants and restrictions, which greatly depends on whether the association is considered a state actor.
Donna and Jay will explore various scenarios, such as whether individuals living in mandatory community associations have an unrestricted right to display political signs on their property, express their opinions online, conduct religious services in the clubhouse, or bring firearms to board or membership meetings.
Conversation highlights include:
BONUS: We end with a bit of constitutional trivia. See how well you do!
In today's episode, Becker Shareholder Jay Roberts, who represents community associations and developers with respect to all aspects of creating and operating planned community developments throughout Northwest Florida, sits down with Donna DiMaggio Berger to discuss two thought-provoking questions:
To shed light on the topic, they will delve into the 1945 US Supreme Court landmark case of Shelley v. Kraemer as well as several recent US Supreme Court cases relating to the Second Amendment. This case established the framework for determining whether private covenants violate the equal protections clause of the 14th amendment. The pivotal question revolves around whether a mandatory community association can enforce specific private covenants and restrictions, which greatly depends on whether the association is considered a state actor.
Donna and Jay will explore various scenarios, such as whether individuals living in mandatory community associations have an unrestricted right to display political signs on their property, express their opinions online, conduct religious services in the clubhouse, or bring firearms to board or membership meetings.
Conversation highlights include:
BONUS: We end with a bit of constitutional trivia. See how well you do!