On the Commons with Tyler Berding
Fixing the problem of cash strapped municipalities during the post war housing boom turned into a whole new housing model for Americans. No longer proud homeowners, generations of housing consumers became "unit owners" in what became known as "associations". Once local governments realized they could still collect property taxes and then force the owners to pay for the up keep and maintenance of the infrastructure, they were hooked and began mandating this privatized form of housing. But just how successful was this new fangled housing concept? And is the concept a viable form of housing?
On The Commons this week we are joined by Tyler Berding. Tyler is a founding attorney of Berding Weil in California. He represents associations, is a member of the California based Executive Council of Homeowners (ECHO), CAI and the California Association of Community managers, maintains a blog called Condo Issues and is a prolific writer. One of his articles, "Predictions of the Future in an Uncertain World", has Tyler looking through his crystal ball into the future of condos. Please join us On The Commons. We'll talk to Tyler about the problems with condos, find out why they are failing and take a peek into the future.
On The Commons this week we are joined by Tyler Berding. Tyler is a founding attorney of Berding Weil in California. He represents associations, is a member of the California based Executive Council of Homeowners (ECHO), CAI and the California Association of Community managers, maintains a blog called Condo Issues and is a prolific writer. One of his articles, "Predictions of the Future in an Uncertain World", has Tyler looking through his crystal ball into the future of condos. Please join us On The Commons. We'll talk to Tyler about the problems with condos, find out why they are failing and take a peek into the future.
Download | Duration: 00:57:50
Foreclosure does not always hurt the association.
http://privatopia.blogspot.com/2009/12/why-wont-they-serve.html?showComment=1264868901728#c9105157037393614560
HOA seizes a property, but wants -- and gets -- somebody else to take responsibility for the assessments.
Miami Beach Commissioner Jerry Libbin Applauds 'Reverse Foreclosure' Ruling, Renews Call for State Lawmakers to Enact Comprehensive Foreclosure Reforms
MIAMI BEACH, Fla., Jan 27, 2010 /PRNewswire via COMTEX/ ---- Miami Beach City Commissioner Jerry Libbin (www.jerrylibbin.com) today applauded the "reverse foreclosure" ruling by a Miami-Dade Circuit judge that forced a bank to take title from a homeowner association (HOA) of a property that had not been paying its assessments.
The HOA, which had foreclosed on the house but couldn't sell it because of the bank's lien, waived its right to the property. Now the bank, HSBC Bank USA, is responsible for paying future HOA fees and assessments
Reply to this
Just before the 31:50 mark, when you asked Mr. Berding about "owner isolation," he gave the usual response about owner apathy and not showing up for board meetings.
In the case of my condo association, board meetings are held during normal working hours -- when most of us are at work -- with time and location often changed without notice.
I agree with you that the associations have done everything possible to create apathy, and then blame the problems on owner apathy.
Also, I can speak for others, but in my case, I have no confidence in the board members and vendors of my association, and showing up for a meeting would accomplish nothing except lend legitimacy to the board that they do not deserve. I don't participate in elections because they are fraudulent. Nor do I want to contribute money for maintenance when I know that it will be embezzled by board members, property managers, and attorneys.
Mr. Berding claims that "governance of the whole" cannot work. Which is strange, because I was always taught that the small scale of associations, several dozen to several hundred people, is the scale that direct democracy would work; and that representative democracy was only required for larger societies.
Reply to this
Tyler at 45 minutes 05 seconds said: "I'm not ready to give up on the idea that individuals can own a piece of the building."
Because renters, who are free to pick up and leave, wouldn't put up with the crap that home "owners" in HOAs/CAs do?
Landlords have some incentive to treat tenants like customers. HOAs/CAs have no incentive to treat home "owners" as anything other than cattle.
Tyler at 52:55 said: "Sometimes it's hard to divorce the interests of the owners from the interests of the association. Because by definition the association are the owners."
Mr. Berding owes me a new keyboard, because I laughed my milk all over my computer when he said that.
It is incredibly easy to divorce the interests of the owners from the association. It's done on a daily basis.
Owners are not the association when, for example, owners ask to see records of the association. Even if the owner is seeking information about his own account.
Or when the association is litigating against an owner. The owner is presumed guilty, and his money is against him.
Reply to this
I have just sued my HOA Pro Se here in Massachusetts. I belong to a group of MA residents who have exhausted ourselves attempting to introduce legislative reform here. The venders to associations, like your guest here, have sewed up that avenue of change by buying the votes of the members of the Committee on Housing.
If you have seen the video of Ma legislators stuffing bribe money into their underpants, or read the news articles of the last 3 speakers of the house (the most powerful legislative position in Massachusetts) under indictment, you would know how easily...and cheaply...this is done.
I have started a blog
http://falmouthairparkhoa.blogspot.com/
in an attempt to, in the words of Justice Louis Brandeis, give the problem a little sunlight.
Keep up the great work!
Mike Reardon, Falmouth MA
Reply to this