We seem to live in a culture of unprecedented intolerance, incredible rudeness and bullying. None of these traits are conducive to a society that is civilized, fair or pleasant. In fact the opposite is true. Do we continue down this path, unchecked, acting and behaving like animals? What are the consequences of such abusive behavior?
For a glimpse of where we might be headed, we need to look no further than the HOAs that are forced on America’s homeowners. Without the checks and balances required by the Constitution and absent any oversight the so called leaders in these associations act and behave like the adult versions of the bullies they probably were in school. And absent any “adult” to prevent the abuse, there will be tragic consequences.
Deborah Goonan joins us On The Commons. We are both very saddened to announce that a homeowner who fought to protect her home, her family and her rights lost the biggest battle of all, her life. Many of you had corresponded with Andrea Barnes over the years and are familiar with the terror and insanity she had to put up with in her HOA. Andrea was a young mother of 3 children that she loved and was very proud of. She was a very talented photographer and a gifted writer. And as everything in HOAs the problems and the HOA complaints were petty.They included her trashcan, a birdhouse her kids made her in school, a hose wheel (unapproved? Wrong shade of gray? who knows!). So quite apart from the barrage of violation notices for petty alleged infractions, the association isolated her, the abuse spilled onto the kids at school and they removed her from the community Facebook page.
They parked at the end of her driveway and sat there watching the house. Oh, she also had Meniers disease, a disability that is not outwardly visible but a disability nonetheless. The stress she lived under in her association was relentless. But then this is what HOAs are about. I have to wonder if the HOA had the authority to do any of the things they did to Andrea and do to countless other homeowners on a daily basis. It is time to pull the plug on homeowner associations! It is time to learn how to be a caring, polite and civilized country once again.
We have become a very transient society. I was quite surprised when I first came to the US that one of the first questions we ask someone we meet is, “where are you from?” Our roots have become spread across the globe, leaving behind our friends, families, neighbors, traditions, language, culture and all the other things that are part of who we are. It hasn’t always been that way. There was a time when families lived in the same community and were there for all the milestones. Family lore and history were well known, pride of our ancestors and their accomplishments and legacies were all part of our every day lives. We had a stronger sense of who we were and where we came from.
Sylvia Hoehns Wright joins us On The Commons. Sylvia is one of a handful of people who knows who she is and where she came from. She is the 5th generation to live on a family owned tract of land. There are 9 houses in her neighborhood all owned and inhabited by family who all share the same roots and values. There is no mandatory membership homeowner association so no abuses, horror stories or attempted land grabs that we talk about here. Right? Well, not so fast. A couple of parcels of land were sold and the new owners who don’t share Sylvia’s history, values or traditions would love to be able to get her off her land. She has written a book called Lawfare, American Property Rights versus Muslim Supremacy Tune in to hear Sylvia’s story.
I have often wondered, and worried, about children growing up in HOAs who watch their parents suffer at the hands of the HOA bullies. What is the message we are giving them? Will they be willing and able to fight to protect their homes and families when they are raising their children in these irrational and often abusive residential associations? Or will they simply roll over and hope the horrors end, believing this is normal? “This is just the way it is” or “They are all like this”, never realizing they can fight back and they can make life better for all concerned?
Jessica Suico joins us On The Commons. Jessica is a second year student at Contra Costa College in San Pablo, California. She is majoring in journalism and works on The Advocate, the college newsletter. The paper normally reports on all things college related, new classes, upcoming events on campus and other news items or topics of interest that would affect student life. Jessica’s article is a little out of the norm for her paper but, I believe, so very important. She witnessed the harassment and subsequent eviction of her mother and aunt from their home. She also saw the frustration as her mother and aunt exhausted all venues seeking non existing help for people in similar situations. They may have been able to get some help had they known where to look. That has to be part of the education. However, in the end, a couple of elderly ladies who have had health problems were evicted, ended up in the hospital and rendered homeless. Using the college newspaper was an excellent way of, not only getting the story out, but also of education other young college students who will be facing similar problems unless we stop the bleeding in private residential America SOON.
When the forces of evil succeed in kicking individual and property rights under the rug, then start playing word games trying to explain how you never really had those rights in the first place, it is time to take the kid gloves off.
Everything about HOAs makes my blood boil but nothing has enraged me quite as much as the way a homeowner was treated by the very industry that sucks the life out of our homes, our families, our communities and destroys our peace of mind. This has to stop! While the catalyst for today’s story may have been a small flag, this is not about a flag but about our rights as homeowners and our right to live in peace in our homes.
Larry Murphree joins us On the Commons. Larry, an Air Force veteran, updates us on his battle with his condominium board and the industry attorneys who advise them on how to mistreat and abuse the homeowners. The battle has been raging for over 7 years and still goes on. We’ll talk to Larry and get the details of how his decision to move into a condo has adversely affected his life and his bank account. Of all the horrors, abuses and invasion of one’s privacy, none even come close to the offensive treatment at the hand of a board and it’s attorney hell bent on destroying an owner and robbing him of all he has spent a lifetime working for. All this is being done legally. Legislators, are you listening?
An often cited benefit for residential associations used to be that they allowed the members greater control over their immediate surroundings. The other bonus they were promised was that collectively they would gain political clout. At least that was the sales pitch, along with the ever present promise of enhanced property values. It all sounded wonderful and in a perverse sense sounded sort of logical. But as we have learned over the years not everything works the way it is supposed to. In fact in the case of residential associations, the opposite is true. Not only don’t the members have control over their immediate surroundings but have lost sovereignty over their own private spaces. The existence of an HOA or Condo association is infinitely more intrusive and tyrannical than a neighborhood where the residents are on their own and allegedly have no control.
Jonathan Dessaules joins us On The Commons. Jon is an attorney in Phoenix, Arizona. As part of his practice he represents homeowners against their associations. He is one of a handful of attorneys nationwide who will only represent the owners and not straddle the fence hopping over to the HOA side when they feel like it. Currently his is in a class of his own in Arizona. He also has a blog where he discusses HOA issues and gives general guidance. It’s a great page to check out for quick guidance on some of the more common issues facing homeowners. We talk to Jon about all the usual HOA issues common to all American homeowners but we also talk about a long and protracted case that he recently won. His clients own a unit in an upscale condominium where the fees are in excess of $1,000/month. The condo shut the key card down, impeding access to the private unit and banned the use of the amenities until the owners forfeited a right they had. So much for having greater control of your immediate surroundings in a residential association.
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.
As my mind goes back over the decades to the Christmases of my youth, I recall the love and warmth of my family, friends and the neighbors. I smile at the memories of decorating the tree and the house, and relive the excitement of the coming festivities and the general sense of goodwill and joy. Of course, I had never even heard of an HOA. They didn’t exist back then and I can’t help but think how much better off we were. The biggest gift we had was that we were left alone and allowed to celebrate the way that made the most sense to us.
In the years since, we have changed the landscape of residential America. No longer are people left to their own devices and allowed to enjoy decorating their homes without threats and interference. Every little item is micromanaged to the point where the joy of Christmas has been taken out of it.
How did we ever get to that point?
Bill Davis joins us On the Commons. Bill, a Texas attorney, found himself in a number of law suits having to protect his rights and his property from his HOA. Having learned about HOA law and seen the games that were being played, it was a natural transition to representing other owners who found themselves fighting to protect hearth and home. We talk to Bill about some of his cases, and a few of the “games” that he uncovered. Many people would not be surprised at how much some of the board members resemble a good old-fashioned crime family. Bill is always entertaining and his interviews are always an eye-opener. You will want to hear what he has to say.
On the Commons will be back in the middle of January, 2018. In the meantime, we wish you all a healthy and happy holiday season.
I keep thinking that there really must be a breaking point. A point where American housing consumers start digging a little deeper and looking beyond the frills and the pretty upgrades in a house they are considering buying. I hope they start looking for construction inspection reports (if such a thing exists and if not it might be a good idea to turn around and RUN as far away as possible). They should also find out whether or not there is a mandatory, involuntary membership requirement in a homeowners association. An upgraded backsplash in the kitchen is not going to make up for a house that is poorly constructed, starts falling down around them and is run and managed by people they would be better off never having met. The quality of their lives in such a place could very well become material for a horror story.
But, you think, the courts are always there to sort it all out, aren’t they? Tune in. It is time to take those rose colored glasses off and take steps to prevent yourself from getting trapped in a real live horror movie.
Nila Ridings joins us On The Commons. Nila could be the poster child for what happens when the HOA seemingly has a personal vendetta against a member. Her story starts many years ago when her driveway started sinking and got lower than the garage floor, causing problems in her house. There were other construction problems that the HOA chose not to replace on her property, citing inadequate funds as the reason. Miraculously they found the money to make the repairs on other homes in the development. He request for access to the financial records of the HOA was, predictably, denied even though this is a basic right of the members. To understand the twists and turns in her story and the road that led to years worth of very costly litigation and the loss of her house, you will have to tune in and hear Nila explain it and then to find out that at the end of the day, she was even denied her day in court. Over the years Nila has used the knowledge she has gained from her own battles to help others who find themselves in a war for their home, their rights and their sanity while fighting for her own home. Her story might help you loosen your grip on those rose colored glasses you have.
Not too long ago a friend sent me a link for a video and recommended I watch it. I did. I was shocked and horrified when I realized I was looking at a homeowners’ association. As far as I could see, there was no rhyme or reason to have an HOA in this bucolic part of the country. I have since learned that the property owners in this otherwise peaceful setting each own hundreds of acres of land accessible by dirt roads.
We’ve allowed ourselves to be fooled into believing municipal governments just don’t have the money to provide the services real estate tax dollars are supposed to pay for, therefore HOAs are a necessity to provide those services. Not that I believe that for a moment but if I did, try as I might, I could not find any reason to justify the imposition of an HOA on this particular neighborhood. Check out the video and please let me know if an HOA makes sense to you. I am convinced we have lost all sense of reality and sanity in this country.
Mary Ann Fordyce joins us On The Commons. Mary Ann has a chicken business in a rural community in Texas, where many of her neighbors are also business people, several have livestock and there is at least one other chicken businesses owner as well. Not surprisingly this chicken owner was a board member who sold Mary Ann her first chickens and got her started on her business. And for awhile, all was well. But then life in this peaceful corner of the country changed. We’ll talk to Mary Ann and get some of the details of why her dreams came crashing down and how she lost first one house and is now hanging on, trying to protect the second house she and her husband bought, from being foreclosed on. I’ll ask her what purpose her HOA serves and how it protects her when her closest neighbor is a mile away. I’m sure no one will be surprised to hear what happened to the only common area these property owners had. Maybe the fate of that park is the answer to why an HOA was even part of this neighborhood? Check out Mary Ann’s web site Blue Star Ranch . This lady is determined to help educate housing consumers about the perils of HOAs.
First you scare them, then you promise to protect them and then you own them. Once that is accomplished, perpetrating the biggest consumer scam is a piece of cake. Buying a few state legislators’ assistance, creating a very lucrative stream of “free” income for the municipalities, paving the way for developers to increase their profit margins exponentially seals the deal. And that is how simple it has been to force housing consumers into HOAs where they can be robbed of their homes, their wealth and health and their peace of mind. The lies that have been repeated over the decades to scare prospective homeowners appear to have become universally accepted truths. After all, if you keep hearing the same thing over and over again, if must be true, right? However, the one thing that is true is that non HOA controlled housing is almost nonexistent in most of the country. So being told that the house you are buying is in a mandatory membership homeowner association is no surprise.
Jonathan Friedrich joins us On The Commons. When he retired, Jonathan left New York in search of lower property taxes and moved to Las Vegas, Nevada where he bought a house that needed a lot of work. He rolled up his sleeves and got to work. When he bought the house he was given an HOA disclosure package which contained a Declaration of Covenants, Conditions & Restrictions commonly known as CC&Rs. Jonathan’s concern was getting away from crippling property taxes and not so much HOAs. His focus was fixing the house he had just bought and making it habitable. He also became involved in his new community. And that’s when the imperfections of his association and association living in general started rising to the top. He dealt with all the usual insanity that seems to go along with HOAs which not so surprisingly led to the court house. After 5 long years in court, Jonathan won his case. But as the saying goes, the devil is in the details and to truly appreciate the win one has to hear the details of his story, in his own words. The twists, the turns, the lies, the misrepresentations made along the way should alert consumers of what to look for and where to look when buying a house. There may be more to come as Jonathan is not finished cleaning up the mess. Stay tuned.