On the Commons with Melanie Mckeddie
Hosted and produced by Shu Bartholomew, On The Commons is a weekly radio show dedicated to discussing the many issues surrounding mandatory homeowner associations, the fastest growing form of residential housing in the nation.
Homeowner associations provide the most hospitable environment for fraud, embezzlement, harassment and abuse of any organization in the United States. Claiming the relationship between the HOA and the unit owner is a private, contractual one, law enforcement and legitimate government agencies refuse to investigate allegations of wrong doing, leaving the owners to fend for themselves. We have all heard the horror stories of individual homeowners being victimized and terrorized by the bullies on the board, their legal henchmen and management. Quite often those who have been targeted for abuse are too afraid to speak up and fight back, thus allowing the injustices, abuses and horrors to continue. But what happens when an entire development is "hijacked" and held hostage? Is there a way out for the owners?
On The Commons this week we are joined by Melanie McKeddie. Melanie is an attorney in Arizona who, along with other attorneys in her firm, specializes in HOA law but in a complete departure from the other experts in the field, Melanie and her colleagues represent primarily the owners. One of the cases that she is currently working on involves probably the worst abuse of power yet. According to documents filed with the court, the president of the association is a convicted felon and disbarred attorney. And that's just for starters. Please join us On The Commons. We'll find out what this law suit is all about, get to meet some of the characters who have been named as defendants in this case and learn just how bad things can get in a mandatory membership association and just how low property values can drop in an HOA. You won't want to miss this one.
On the Commons is produced by OTC Multimedia Productions
Download | Duration: 00:59:01
On the Commons with Tyler Berding
Hosted and produced by Shu Bartholomew, On The Commons is a weekly radio show dedicated to discussing the many issues surrounding mandatory homeowner associations, the fastest growing form of residential housing in the nation.
The post war economic boom made it possible for Americans to move out of the urban centers and still work "downtown". Roads were built, cars were financially feasible for many families and the call of the less congested suburbs was hard to resist. A car in the driveway and a single family home, surrounded by a white picket fence became the embodiment of the American Dream. Over the next several decades the suburbs exploded. The builders built more and more housing. schools, retail spaces, parks, roads - and the people came - in droves. Along the way, the notion of helping local municipal governments financially by establishing, and requiring, homeowner associations to assume many of their responsibilities also became a part of this brave new world. Condominiums were part of this changing landscape as well. We know how the last fifty years changed the way Americans lived, but what does the future hold?
On The Commons this week we are joined by Tyler Berding. Tyler, an attorney and a founding partner of the California firm of Berding Weil, represents associations in California. He maintains a blog at http://www.condoissues.blogspot.com/ where he writes fairly extensively about the issues that affect this particular type of housing. In a recent blog post titled "Predicting the Future of Community Associations" he looks through his crystal ball and shares his vision of what the next half century will bring in condos. Some of his observations about today's projects are dead on and some of his visions would take American homeowners in yet another direction. Please join us On The Commons. We'll talk about lessons learned and hear some of his thoughts on where we may be headed with this experiment in communal living. Will it be a brave new world or a scary place to be? Tune in and you decide.
On the Commons is produced by OTC Multimedia Productions.
Download | Duration: 00:58:08
On the Commons with Jan Bergmann
Hosted and produced by Shu Bartholomew, On The Commons is a weekly radio show dedicated to discussing the many issues surrounding mandatory homeowner associations, the fastest growing form of residential housing in the nation.
The silver linings in the storm clouds gathering over condo and homeowner associations in America these days are very tarnished. The many promises have lost their sparkle and there just doesn't seem to be enough polish to fool the folks with empty promises any more. Recent events, law suits and headlines prove that the glitter was really fool's gold. The last great hope of restoring some sense in our neighborhoods may be found in the hallowed halls of our state capitols. But how do our legislators determine what will work and how we can return a sense of "community" to our neighborhoods.
On The Commons this week we are joined by Jan Bergemann Jan, president of the Florida based Cyber Citizens for Justice, has been working tirelessly with his organization to find out from the residents how they would like to see things done in their neighborhoods. In a sense of true democracy, CCFJ has created a survey and plan on holding town hall meetings to come up with proposed legislation based on the wishes of the citizens. Please join us On The Commons. We'll talk about the survey, the hot topic in Florida right now, the sheer stupidity of what many boards and associations do, some of the law suits and the complete and utter waste of money that seems to be the norm in a flawed housing scheme.
On the Commons is produced by OTC Multimedia Productions
Download | Duration: 00:58:33
On the Commons with Julio Robaina
Hosted and produced by Shu Bartholomew, On The Commons is a weekly radio show dedicated to discussing the many issues surrounding mandatory homeowner associations, the fastest growing form of residential housing in the nation.
Mandatory membership residential associations have been plagued with major problems right from the very beginning. Initially, the "solution" to the problems was to educate all concerned but after several decades of instructing everyone it became abundantly clear that "education" was not the answer. Frustrated, homeowners turned to their legislators looking for relief from the horrors that had become part of their daily lives. However, many of those lawmakers had no idea how to tame the monster they created so they turned to the very people they allegedly intended to regulate for help in writing the bills.
Today most, if not all, state legislative bodies go through the routine of tweaking and rewriting state statutes regulating HOAs and condos. Despite this annual rite, the problems in residential America persist and multiply. And still, some of these legislators turn to the same people year after year, heeding their advice.
But not all legislators remain in the fog that has enveloped them since the beginning of this saga. And one legislator stands out. On The Commons this week we are joined by Representative Julio Robaina. In a complete departure from the "business as usual" way of dealing with the ongoing problems, Florida Representative Robaina traveled the length and breadth of his state to talk to the people who live in associations. He did this not once, but twice. Armed with first hand knowledge of the real problems, with a deep understanding of the frustrations and inequities that existed, he returned to Tallahassee to write legislation inspired by the owners and designed to protect private property from the horrors and abuses of a system gone amok. The result is a massive rewrite of the Florida Condo Act. Please join us On The Commons this Saturday, July 12, 2008. We'll talk about the hearings and the new Condo Act. Some of the provisions, and the need for them, were even a surprise to me. You'll understand why I call him the Energizer Bunny and why I believe he is the model legislator. Read the changes here:
On the Commons is Produced by OTC Multimedia Productions.
Download | Duration: 00:59:18
On the Commons with Frank Short
Hosted and produced by Shu Bartholomew, On The Commons is a weekly radio show dedicated to discussing the many issues surrounding mandatory homeowner associations, the fastest growing form of residential housing in the nation.
"There ought to be a law!" How often have we heard frustrated homeowners utter those very words? As association representatives and members of the HOA industry assume more authority over the homes and every day lives of individuals, there is an increased demand for legislation to preserve and protect what was once, and still is, regarded by many as sacred territory. It doesn't necessarily follow, however, that because there is a law, regardless of its stated purpose, that it is good FOR the homeowner.
A newly enacted law in Virginia is a perfect example. Among the many things it does, it establishes a panel, appoints an ombudsman, gives broad powers and authorities to the panel of industry pros, allows for fines of management companies. If it has all these provisions, it has to be good, right? We all know that the architects of this bill, the real estate industry, the managers and CAI have our best interests at heart and are dedicated to protecting our rights and property, aren't they?
On The Commons this week we are joined by Frank Short Frank, a friend and frequent guest, is an attorney, an owner of HOA controlled property and a staunch supporter of individual and property rights. Please join us On The Commons this Saturday, July 5, 2008. We'll talk about this bill and how it will affect Virginia homeowners and housing consumers. You won't want to miss this show. A similar bill may be on its way to a state legislator in your state.
On the Commons is produced by OTC Multimedia Productions
Download | Duration: 01:00:13
On the Commons with Clint Goodman
As long as homeowner associations have been in existence, there have been problems with them. In the beginning the "solution" was largely believed to be educating homeowners about HOAs. "If people understood what they were buying into they'd all fall in line and comply with the contract they signed". When that didn't fix the problem, the association industry lobbied successfully for state laws increasing the role and powers of associations in our every day lives. Predictably this exacerbated the problems to the point where homeowners began fighting back. In some states, a few homeowners have successfully managed to get some homeowner friendly bills introduced and passed. However, if there are any loopholes they will be found, manipulated or misinterpreted to benefit the association. Perhaps the time has come to put a stop to the games associations, their industry and advisors play. It is time to plug up some of those loopholes.
On The Commons this week we are joined by Clint Goodman. Clint is president and the founding attorney of an Arizona based organization called the Homeowner Institute. The Homeowner Institute specializes in promoting the interests of the owners in a number of ways, including lobbying for legislation that closes loopholes and protects individual and property rights. Please join us On The Commons this Saturday, June 28, 2008. We'll talk about the Homeowner Institute, what it does and why Clint founded it. We'll also learn a little about the Office of Administrative Hearing (OAH) and how SB 1162 will plug a whacking great big loophole that associations and their attorneys have been using to skirt the original intent of the OAH. To learn more about the Homeowner Institute check out their web page http://www.hoainstitute.com.
On the Commons is produced by OTC Multimedia Productions
Download | Duration: 00:58:24
On the Commons with Eminent Domain Abuse
Hosted and produced by Shu Bartholomew, On The Commons is a weekly radio show dedicated to discussing the many issues surrounding mandatory homeowner associations, the fastest growing form of residential housing in the nation.
Three years ago the nation was shocked by the US Supreme Court decision in the Kelo v New London case. In this decision the Supremes said it was OK for the government to take private property from one person and turn it over to another for their private gain. Property owners, small business owners, citizens and the media were outraged. A few politicians made the appropriate tsk tsks and some even proposed legislation that would strengthen individual property rights and protect them from the greedy grasp of government gone amok. However, as time went by, our anger subsided and eventually the words "eminent domain" and "Kelo" faded into the recesses of the past.
Well, it is time to put Kelo center stage again and to remind ourselves that we are ultimately responsible for protecting what is rightfully ours.
On The Commons this week we will be going back to the past and remembering what it is like to be on the verge of losing our homes. Please join us On The Commons this Saturday, June 21, 2008. We'll talk a little bit about the what is being done to commemorate the anniversary of that horrible decision and hear from both Susette Kelo and Michael Cristofaro. The Institute for Justice, the organization that defended Susette, Mike and a whole host of other homeowners, says 10,000 American property owners were either threatened by, or actually lost their homes to eminent domain. To mark the occasion, they would like to have 10,000 contributions. They don't have to be large, but every penny raised here will go towards fighting the abuses of eminent domain. To make your pledge go to IJ.org and just sign up.
On the Commons is produced by OTC Multimedia Productions
Download | Duration: 00:59:51
On the Commons at the Florida Conference - Part 3
Hosted and produced by Shu Bartholomew, On The Commons is a weekly radio show dedicated to discussing the many issues surrounding mandatory homeowner associations, the fastest growing form of residential housing in the nation.
Regardless of where we stand on the issue of condo and homeowners' associations we can all agree that there is a lot of confusion about the very nature of associations. There are lots of questions about the authority and the powers of boards, management companies and other folks holding minor, and sometimes not so minor positions in the association. Another point that most of us will also be able to agree on is that the complaints and problems tend to repeat themselves over and over.
On The Commons with Shu this week we have part three of the Florida conference that was held in February 2008. Please join us On The Commons this Saturday, May 31, 2008. We'll hear Representative Robaina talk followed by comments and questions from the homeowners who had attended the session. Many of their concerns and observations are identical to problems in other HOAs around the country. Their experiences mirror some of the experiences we have heard about from other states. Maybe it is time to acknowledge that these aren't all "isolated incidents" that only happen to "disgruntled homeowners".
On the Commons is produced by OTC Multimedia Productions
Download | Duration: 00:59:54
On the Commons at the Florida Conference - Part 2
It is important for people with common goals and needs to come together, network and share ideas. Having conferences for homeowners is a relatively new occurrence. Earlier this year, Florida homeowners hosted a two day conference, bringing together advocates and activists as well as attorneys who represent the homeowners, legislators who understand the issues and folks from other states who all came together to share their experiences and stories. Can the rest of the country learn from these folks as well?
On The Commons with Shu this week we have part two of the Florida conference that was held in February 2008. Please join us On The Commons. We'll listen in to some of the speeches and hear the stories and all the ideas that were discussed.
On the Commons is produced by OTC Multimedia Productions
Download | Duration: 00:59:44
On the Commons with Cleveland, Patton, and Okon
Despite the current housing slump, the cost of housing in many parts of the country is beyond the reach of some people. But, when the will to join the ranks of homeownership is strong, there are ways to overcome the obstacles. One of the organizations that is well known for getting people into their own homes is Habitat for Humanity. While we have seen and read stories about the incredible work they do, just how do they overcome the high cost of land? And what happens when rezoning a lot threatens the peace and harmony for the exiting neighborhood?
On The Commons with Shu this week are Karen Cleveland and Virginia Patton. Karen is the Executive Director of the Northern Virginia Habitat for Humanity and Virginia is Marketing Director. also joining us during the second half of the show is Walt Okon. Walt and his family are long time owners of a non HOA single family home in Fairfax County. Walt was instrumental in bringing together about 8 neighboring subdivisions who would be affected by any changes to the current zoning in their area. Please join us On The Commons. We'll talk about Habitat for Humanity, what they do. We'll also confirm something we already know which is it is the individual who makes a difference and just how strong the sense of preserving one's home really is. You'll want to listen to this one.
On the Commons is Produced by OTC Multimedia Productions
Download | Duration: 00:59:34
On the Commons with Jan Bergmann
Only in America do we take a simple concept like homeownership and turn it into a complicated, hazardous living condition. Having gone down the path of giving mandatory membership homeowners associations almost unlimited powers, owners, housing consumers and advocate/activists are trying to provide for some of the much needed protections. What will it take to restore peace and harmony to the hundreds of thousands of neighborhoods across the country that find themselves living in HOAs?
On The Commons with Shu this week is Jan Bergemann. Jan is president of the Florida based Cyber Citizens for Justice CCFJ and a tireless advocate for protecting the owners in Florida's many mandatory membership condo and homeowner associations. Jan, and his fellow CCFJ members have been working with legislators to get laws passed that would accomplish just that. Please join us On The Commons. We'll talk about the bills that are working their way through the legislative process and find out what else CCFJ has up its sleeve to ensure that the laws are followed.
On The Commons is produced by OTC Multimedia Productions
Download | Duration: 00:00:00
On the Commons with Senator Mike Schnieder
The Founders of this country knew that without some restraints, a governing body could easily overstep their power and become abusive. So with foresight and understanding they adopted The Bill of Rights. These rights were designed to limit the powers of the government and protect the citizens from their governments. Unfortunately these limits do not extend to what some now call, "private governments" or mandatory membership homeowner associations. Over the years, homeowners in HOAs have asked for oversight. Are they getting what they asked for?
On The Commons with Shu this week is Senator Mike Schneider. Senator Schneider from Nevada was one of the first legislators to propose an ombudsman. Over the years, the ombudsman's office has seen many changes and has taken on several different forms. Please join us On The Commons. We'll find out how well the program has worked and we'll learn some surprising information about the hearing panel that has become a part of the overall oversight program in Nevada. You won't want to miss this one.
On The Commons is produced by OTC Multimedia Productions
Download | Duration: 01:00:14
On the Commons with Marjorie Murray
According to the main stream media, foreclosures in the US are at an all time high. The stories and staggering statistics that are grabbing the headlines nowadays have to do with homeowners who are unable to afford their mortgage payments. While the focus is on the banks foreclosing to collect unsatisfied debts, there are many unanswered questions and the fallout from these foreclosures are beginning to be felt in other areas as well.
On The Commons with Shu this week is Marjorie Murray. Marjorie is the founder of the California based Center for California Homeowner Association Law. A policy analyst specializing in housing, finance and the law, Marjorie has been active working with homeowners and board members who find themselves in need help and guidance. Please join us On The Commons this Saturday, April 12, 2008. We'll talk about the Center for California Homeowner Association Law, find out how all the foreclosures in California affect the rest of the state and we'll find out what is happening in the legislature.
On The Commons is produced by OTC Multimedia Productions
Download | Duration: 01:00:41
On the Commons with Melvyn Hobbs
Hosted and produced by Shu Bartholomew, On The Commons is a weekly radio show dedicated to discussing the many issues surrounding mandatory homeowner associations, the fastest growing form of residential housing in the nation.
The vision of condo and homeowner association living is that all the members are equal, contribute equally and take an active interest in the overall management of the association. Keeping an eye on our collective assets is also a responsibility. It sounds reasonable, doesn't it? But what happened along the way to muddy that vision of pure residential bliss? Why can't association living be as harmonious, carefree and wonderful as we are led to believe?On The Commons with Shu this week is Melvyn Hobbs, Melvyn and his wife escape the drab British winters by spending half the year in Florida where they own a condo in the sun. Unfortuanly the state of affairs inside this private enclave have been anything but sunny. The Hobbs' have not only discovered for themselves that condo living is far from carefree but they have also spent an additional half a million dollars trying to protect their property values from the mismanagement of the association. Please join us On The Commons. We'll spend a few minutes with Melvin before he catches his plane back to the UK to enjoy life in his non controlled neighborhood.
Download | Duration: 01:00:29
On the Commons with Sir Francis Short
On The Commons with Shu this week is Sir Francis of Short, chief leprechaun of Dublin and distant cousin of St Patrick. Please join us On The Commons this Saturday, March 15, 2008. We'll get caught up on what new bills are waiting to be signed into law and what that really means for the homeowners.
Download | Duration: 00:50:39
On the Commons with Donna Carver, Sherry Terry, and Ray Leach
Hosted and produced by Shu Bartholomew, On The Commons is a weekly radio show dedicated to discussing the many issues surrounding mandatory homeowner associations, the fastest growing form of residential housing in the nation.
The castle has been demolished, long live... what? The unit? Air space? Temporary shelter? Many housing consumers want to buy a "home", a nest, a place that is completely and totally under their own dominion, just like homeownership used to be However finding that dream home in many markets these days is a lot like looking for the proverbial needle in a haystack. Savvy prospective buyers are demanding non HOA controlled housing. But will limiting their search to non HOA communities and relying on title searches guarantee them that they will get what they want?
On The Commons with Shu this week are Donna Carver, Sherry Terry and Ray Leach. Donna and her family bought their Texas home in a community without an association only to have one imposed on them later. Sherry and Ray both live in a development with no common areas and no sensible reason to live under the auspices of a corporation. They would, quite understandably, like to dissolve their association. Please join us On The Commons. We'll find out how a community with no association, can wake up one morning and find themselves facing fines, liens and a homeowner association. We'll also learn how, in a development with a homeowners association, the owners are forced to pay for a management company just to manage the residents.
Download | Duration: 01:00:16
On the Commons with Thieu Nguyen and Dr. Thomas J. Ellis
Hosted and produced by Shu Bartholomew, On The Commons is a weekly radio show dedicated to discussing the many issues surrounding mandatory homeowner associations, the fastest growing form of residential housing in the nation.
Proponents of communal living would have us all believe that the concept is positively Utopian. What could possibly be better than pooling all your resources in order to live the life of the rich and famous? Association living, they argue, provides you with a nice unit in a highly controlled environment. What they neglect to mention is that by pooling all your resources you risk losing your home. What they also conveniently omit is that YOU are the one who will be "highly controlled". The results of this living arrangement sometimes make the headlines, but not always. That's when the proponents of this housing scam trot out with words like "alleged abuses" and "isolated incidents". But what is life like when you are living the life of an "isolated incident" and are putting up with "alleged abuses"? And what happens when you try to make this absurd living arrangement work for you?
On The Commons with Shu this week are Thieu Nguyen and Dr. Thomas J. Ellis. Thieu, a 25 year old disabled Vietnamese immigrant is living the American nightmare. He and his family are facing losing their HOA controlled unit to foreclosure. As Thieu says, in Vietnam you lose your home at gun point but in Texas all it takes is a pen and a piece of paper. Tommy. on the other hand, lives in a high-rise, also in Texas, where laughable best describes some of the rules adopted by the board of directors but there is nothing funny about having to live there. Tommy is also at risk of losing his home. Please join us On The Commons this Saturday, February 23, 2008. We'll find out what these two Texans have done to incur the wrath of the HOA Gods.
Download | Duration: 00:59:02
On the Commons with Jan Bergmann
From the very early days of mass producing homeowner associations, the only "solution" that has been offered to the many problems has been "education". "Homeowners need to be educated on how to live in their homes." "Board members need to be educated." "Managers should be educated." And so, to educate everyone, the Community Associations Institute was formed and for over 30 years CAI has been the only source of "education" in the country. After 30 years of training, educating and credentialing everyone involved in the 40 year experiment, problems not only persist but have increased. Is education the answer? If so, is CAI the right organization to be doing all this educating or are their efforts an exercise in futility?
On The Commons with Shu this week is Jan Bergemann. Jan is president of the Florida based Cyber Citizens for Justice CCFJ www.ccfj.net and host of the most recent conference put on by homeowners for homeowners. Please join us On The Commons. We'll talk about why CCFJ put on the conference, what was involved in setting it up, lessons learned and any feedback they received. Find out what you should know if you are planning on hosting a similar event in your state.
Download | Duration: 01:00:37
On the Commons at the Florida Conference - Part 1
Hosted and produced by Shu Bartholomew, On The Commons is a weekly radio show dedicated to discussing the many issues surrounding mandatory homeowner associations, the fastest growing form of residential housing in the nation.
There is no question that there is strength in numbers, but those numbers have to work in unison towards a common goal. Over the years the industry that services the country's ever increasing number of mandatory membership common ownership developments has been organized, and at least on the surface, has been marching to the beat of the same drummer. The homeowners on the other hand, who far outnumber the industry members, have been, for the most part content to just let things be. But times they are a changing and the homeowners are starting to take a more active role in the whole concept.
California, New Jersey and now Florida have all hosted conferences. These conferences were set up by the homeowners for the homeowners. Will these conferences become annual events? Will other states follow suit?
On The Commons with Shu this week are some of the presentations and comments from the homeowners at the latest homeowner conference organized and hosted by Cyber Citizens for Justice www.ccfj.net . This clip was recorded on Friday evening at the opening session in Fort Lauderdale, Florida. Please join us On The Commons. There were other presentations which we will bring you in the coming weeks and months.
Download | Duration: 01:01:01
On the Commons with Frank Short and Jan Bergmann
On The Commons with Shu this week are Jan Bergemann, President of the Florida based Cyber Citizens for Justices www.ccfj.net. Jan will talk briefly about the conference he and his group are sponsoring for homeowners to be held in Ft Lauderdale in February. It is the homeowners who will be talking about the issues and the legislators who will be discussing their bills and the programs they are considering. And in the Studio with me is Frank Short. Frank, an attorney and well known homeowner and individual rights advocate will be talking about proposed legislation currently being considered by the Virginia General Assembly. Please join us On The Commons. We'll talk about the intent behind at least one bill and whether, if enacted, it will protect the homeowners.
Download | Duration: 00:58:11