We are told that homeowner associations are here to stay. I am not convinced that is the case. However, until we come to terms with the fact that what we are dealing with is a flawed concept, one that goes against everything we hold dear, we will stubbornly insist on trying to make them work. The fact that after a half century of fiddling with the legal structure, proposing bills to either try to make them more owner friendly or empower them even more, all we seem to accomplish is to create an even bigger headache for ourselves at a much greater expense.
Frank Short joins us On the Commons for his annual St. Patrick’s Day round up of Virginia homeowner and condo association bills. There were loads of them this year. Some were proposed legislative fixes inspired by, or requested by angry or wronged owners and introduced by helpful legislators while many others seek to increase the powers of the associations. Whether any of the owner friendly bills would actually fix many of the major problems that plague these mandatory membership residential associations is doubtful. We’ll talk about the bills, what they would, or could have done. But at the end of the day, we never really address the need for so many laws to prop up a really bad idea instead of asking whether there is any value in the HOA concept for the owners. Maybe one day we’ll actually get there.
How do you define “civilization”? I understand it to describe people who are educated, cultured, have manners and are socially and morally advanced. The dictionary defines it as “an advanced state of human society, in which a high level of culture, science, industry, and government has been reached.” Some words that are used to define the opposite of civilization are decline, destruction, ignorance, rudeness, barbarism, primitiveness. What do you think best describes life in a residential association? And how, in a country that presents itself as the most civilized, the richest, the best and the freest can we force people to live in controlled housing developments where, in many cases, those in power are rude, barbaric, abusive, dictatorial and completely wild? And finally, how do homeowners deal with some of these atrocities?
John Paskert joins us On The Commons. John is a retired military psychological Operations officer. The tactics he learned while an active duty officer helped him even out the playing field somewhat in his homeowners association. Rather than allowing the ruder and more ignorant denizens in his neighborhood to frustrate and demoralize him, he remained civilized, did his homework, and fought back in very clever and subtle ways. He shares some of the lessons he learned operating in this new arena and also tells us some of his stories. I think the big lesson here is that there is more than one way to fight back. However, trying to become a truly civilized society, where respect and cooperation are the norm, should be our ultimate goal.
Sometimes we just have to take a really bad idea and make it that much worse, don’t we? We start off with a scheme to provide municipalities with a means of collecting free tax dollars – THAT was the 1st bad idea in this chain of horrors we have created. The second bad idea was allowing them to mandate involuntary membership HOAs. To keep the owners under control, and as a favor to the special interests, state legislators sponsored bills giving associations greater powers. The bills kept coming so something that should be simple has become so unbelievably complicated. Add to that well intentioned, but largely ignorant, homeowners who have made it their business to dream up more “laws” further stripping owners of rights and you have a monumental mess. Will we ever learn to “Keep it Simple”? As the song says, “The answer is blowing in the wind!”
John Cowherd joins us On The Commons. John, a Virginia attorney and a frequent guest on the show represents homeowners in condominiums and homeowner associations as part of his practice. He is also a blogger. In his Blog , Words of Conveyance, he talks about cases and highlights news in the world of real estate. Notwithstanding a growing family and a growing practice John manages to keep his finger on the pulse of what is going on in the land of controlled living. We talk about the changes in residential neighborhoods brought about by all these “bad ideas” that have been piling up. We brainstorm about some of the issues and problems facing Americans, whether they own or lease in residential associations, they are all subject to the same intrusive and petty rules and disasters. With all the bad ideas needlessly complicating every day life, there is, as you can imagine, a lot to talk about. Tune in.