Why do bad ideas take off like wildfire and become part of the norm? Recently I discovered an article I had intended to cover that had slipped through the cracks. I wondered, after three years, if it was still being used or if common sense had prevailed and respect for property and individual rights had won the day. I did some research and discovered that the Crime Free Lease Addendum is not only still in use but encouraged. The article is about an enterprising management company that “fully supports participation in crime free programs by homeowner associations”. By forcing a homeowner/landlord to use this addendum, ostensibly to decrease crime in the neighborhood, the management company acting on behalf of the HOA, has the contractual right to evict tenants for breaking the law or violating a rule. This is, in my opinion, a really bad idea.
Bill Davis joins us On The Commons. Bill is a Texas attorney who does represent homeowners in battle with their HOAs. He has seen the bad, the ugly and the stupid side of what goes on in these developments. I sent the article to him and asked if it was just me or did he see the potential for incredible abuse with this addendum? We talk about all the obvious infractions that could trigger an eviction and discuss the ways that this addendum could could be financially lucrative to the HOA/management company. And as usual, there is no oversight, no checks and balances, no sanity checks anywhere because the addendum includes a clause that says “The Association will be the sole judge as to what constitutes criminal activity”. In return homeowners are promised safer neighborhoods. Yep, that sounds like the same empty promises we’ve been hearing for years like increased property values and carefree living. As Bill so accurately described it – it is a form of “domestic terrorism.”
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