Tyler Berding

Have you noticed how sometimes the best of intentions can have disastrous  consequences?  A perfect example is  trying to provide affordable housing to the masses, give local municipalities free tax dollars while double taxing the homeowners (who think they just bought something affordable) to pay for essential services.  T o achieve all that, we commingle private property and common property and the cherry on the top of this scheme is putting Larry, Curly and Moe in charge.  If that is not a recipe for disaster, I don’t know what is.  We have tried to make this work for decades  but have failed miserably.  The real tragedy is that we not only refuse to learn from our mistakes but we keep building on them without improving them. 

Tyler Berding joins us On The Commons. Tyler is a founding partner of Berding and Weil, a California law firm that represents Condominiums and Homeowner Associations.  He has  been following all things related to Common Interest developments for the past several decades and speaks on the topic in various forums, including Community Associations Institute, (CAI) and the California based Executive Council of Homeowners, (ECHO).  He also participates in writing legislation designed to regulate both commercial and residential CIDs.  Tyler has long been writing about the failures of the business model, primarily of condominiums.  To prove his point, Pinnacle Condominium Association in San Rafael, California has just approved a $145,000 special assessment for each of the 36 owners in order to make the much needed repairs to the common elements. We talk about the obvious problems with the business model and the problems that can and do rear their ugly heads.  We also talk about our penchant for providing affordable housing to everyone.  The question really is, just how affordable is “affordable housing”?  Is housing built out of cardboard and scotch tape affordable in the long run?  Can well built housing that will still be standing in 20 years or longer, be affordable?  Or is to time to pull the plug on the “American Dream” of homeownership?  

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Debbie Goonan

This show is dedicated to Donie Vanitzian 1950-2017 who was found dead on December 28, 2017.  For 16 years Donie wrote a weekly column for the LA Times answering questions for homeowners who were caught in a web with their homeowner associations. In addition to her column, she wrote several books on HOAs.  She was a great friend to homeowners who had nowhere else to turn and will be greatly missed.  

Over the years we have watched the people in positions of power in residential America come up with some of the dumbest rules and policies governing private property.   If they couldn’t have such potentially tragic consequences, annual awards for the dumbest of them might make for a great comedy show.  However, judging by the headlines, they don’t need any encouragement.  Probably one of the most insane to hit the news lately is the mind bogglingly stupid rule from Auburn Greens Complex HOA in Auburn, California requiring the owners to leave their garage doors open during the day or face a fine of $200.  This should be a hard sell for proponents of fines and protecting property values.

Deborah Goonan joins us On The Commons.  Deborah blogs on  Independent American Communities  where no HOA story misses her attention.  She is a prolific writer and augments all her posts with additional research and more details thus enriching her posts.  She has become a go-to person for all the latest HOA land.  I asked Deborah to help us do a round up of some of the idiotic rules that seem to be adding to the stress levels of American homeowners. She had a string of such stories lined up within minutes.  We talk about some of them, by no means did we scratch the surface of the sheer insanity that is out there.  You will no doubt agree that Condos and HOAs are a failed concept and beyond repair.  

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