On the Commons with Tom Skiba
Some episodes of On the Commons are just too good to leave in the archives. On The Commons with me this week (November 6, 2004)is Tom Skiba. Tom is the Chief Executive Officer of the Alexandria, Virginia based Community Associations Institute, (CAI). Please join us On The Commons. We'll find out why CAI condones the abuses and has opposed any reforms on the power to foreclose. We'll talk about why they feel associations would collapse without the ability to wield so much power over their members and whether they have any plans to protect the homeowners they claim to represent.
Download | Duration: 00:56:15

Shu,
I realize this is over 3 years old, but I just recently came across your site, and am listening to many of the past episodes.
While defending HOA foreclosures, Mr. Skiba states, at 52 minutes 20 seconds into the podcast, that he knows of cases where board members have been sued for failing to collect money from homeowners. "It's a tough place to put a volunteer board members."
One way to protect board members from being sued for failing to proceed with foreclosure actions would be to prohibit HOAs from foreclosing.
Like you, I believe that HOAs should be prohibited from foreclosing -- period. They should have the same rights as any other non-secured creditor does, but not any more.
Unfortunately, the good Professor disagrees. Although he advocates more regulations and court oversight, which I believe would just be abused anyway, he is still a proponent of HOAs having the power of foreclosure (March 12, 2004; March 13, 2004; April 5, 2010 ).
Perhaps you can ask him about this the next time he's on your program. Given all the good that he's done in this field, I find his position, and rationale for it, quite shocking.
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