Jan Bergemann

Jan Bergemann

The truth is that none of us has a crystal ball and can’t predict exactly what will happen, but life has taught us that certain pitfalls and dangers lurk around the corner and could cause a lot of problems. One of those problems is not having enough money set aside if the walls come tumbling down around us. In a condominium, it is mandatory that the board ensures that they fully fund the reserves unless they want to impose special assessments to make the necessary repairs to ensure that the buildings are safe and sound. It is inconceivable that the entire building will fail, right? Well, we have just witnessed one of the most horrific disasters that resulted from a condo that shrugged off their responsibility to fund the reserves and also to make the necessary repairs and replacements as they came due. Entire families lost everything they owned. If there is a lesson to be learned here, it is to make sure the condo collects the needed reserves and that we, the members, pay them when they are due. A special assessment will be a lot less convenient at a later date. 

They built a condominium where a shared building is owned by a business, managed by a board of directors, and funded by the members. What can go wrong? This arrangement complicates things considerably. The owners are required to comply with decisions made by others whether they like it or not. Unlike a traditional form of ownership, where the buyer buys and owns the building and is solely responsible for the maintenance, the members of the condominium are stuck with the responsibility of paying for any problems. And those problems can be disastrous, as we saw when the Surfside condo collapsed, killing entire families.

Jan Bergemann joins us On The Commons. As many of you know, Jan is the founder and President of the Florida-based Cyber Citizens for Justice. Jan has done a fantastic job at CCFJ and is very knowledgeable about condos and HOAs. He has long advocated for fully funding association reserves. Following the catastrophe at Surfside, he took things one step further. Jan called a town hall meeting with legislators and leaders from all different Florida groups to look at ways to prevent this from happening again. Fortunately for all of us, they recorded the meeting on Youtube and for all to watch. I urge you to take the time to tune in and consider something similar in your state. Here is the link  https://www.youtube.com/watch?v=0hotkUUlYqk

Listen to Jan Bergemann

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Debbie Goonan

Please note that the wrong promo was sent out with this show. We are publishing the same show to this site as is playing on Fairfax Public Access this Saturday.

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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Bill Davis

Rumor has it that people who buy property in a homeowners association know exactly what they are getting.  We are told by the industry that we all agreed to it.  That sounds good.  So why are there so many problems and so many lawsuits if we are all on the same page?  Could the problem be that we don’t all speak the same language?  Or is that too simple an explanation?

Bill Davis.  a Texas attorney has made representing homeowners in HOAs a focus of his legal practice.  That is very fortunate for all of us because he is always willing to educate us and explain some of the twists and turns we encounter in  every day life.  Bill joins us On The Commons.  He helps us to untangle the wording in a California case where a homeowner bought a condominium with a right to rent out her unit.  Pretty simple and straight forward.  Well, maybe not, she ended up with words like restrictions and prohibitions to contend with.  So, what did she agree to?  And who decided to muddle things up by using all these words to change the meaning of the rights she bought and OWNS.  Tune in and see if you are clear on the rights you own.

Listen to Bill Davis
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