Category Archives: Abuse

Karin Huffer

A timeless rebroadcast and a perpetual problem.

I am frequently contacted by homeowners who are being bullied and abused by board members and/or managers in the  association governing their neighborhood. More often than not, the source for the conflict is petty and ridiculous.   Notwithstanding the sort of personality that tends to gravitate to these positions, our legislators have seen fit to bestow extraordinary powers on them, tipping the balance very heavily in favor of the association. The experience of being caught in the crosshairs of the association causes stress induced health challenges for the homeowners.

But suppose the homeowner is disabled? The weaker and more vulnerable amongst us are more likely to be targeted because they are easier to bully, scare and abuse.  Is there any help for the?

Dr. Karin Huffer joins us On The Commons this week.  Dr. Huffer is a multi talented force to be reckoned with.  She is an author, a speaker, a trainer and now a professor at the John Jay College of Criminal Justice in New York.  For years, Karin has known that people with disabilities are more likely to have their rights ignored, or trampled on by everyone, including the courts. She decided to do something about it.  She set up a web page and started a program called Equal Access Advocates.  She trains people to become advocates and to accompany people with disabilities in court to protect their rights. We’ll talk to Karin about her advocates, who they are and how they help their clients.  We learn a little more about the Americans With Disabilities Act and how her program ensures that people are treated fairly.  With an advocate by their side, people in court have someone very firmly in their corner.  

 

 

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Jan Bergemann

Jan Bergemann
Jan Bergemann

The story goes that any homeowner in a mandatory membership homeowners’ association who is behind in their dues is inherently bad, they don’t want to pay their fair share and deserve to be kicked out. That’s the story the HOA industry lobbyists tell state legislators when lobbying for increased power for the HOA and the industry.  They paint a picture of these horrible freeloaders who think nothing of living off their neighbors. “It’s NOT FAIR” they cry. If there was even a grain of truth to any of that, it would be reason enough to pull the plug on a housing concept doomed to fail but instead the people caught in the trap are called every name under the sun and demonized.  

The story goes that any homeowner in a mandatory membership homeowners’ association who is behind in their dues is inherently bad, they don’t want to pay their fair share and deserve to be kicked out. That’s the story the HOA industry lobbyists tell state legislators when lobbying for increased power for the HOA and the industry.  They paint a picture of these horrible freeloaders who think nothing of living off their neighbors. “It’s NOT FAIR” they cry. If there was even a grain of truth to any of that, it would be reason enough to pull the plug on a housing concept doomed to fail but instead the people caught in the trap are called every name under the sun and demonized.  

But let’s take a look at the Florida family who live in Nottingham Harbor in Jackson Florida to get a real picture of what really goes on in HOA land.  

Chris and Robin Rolling bought a house in Nottingham Harbor to live and raise their seven children.  Robin as a petty officer in the navy and her husband Chris, like so many people recently lost his job and his income.  Robin was the family’s sole financial supporter for a time.  The predictable happened, with less income they had to decide on what is more important, feeding their 7 children or feeding the coffers of the over bloated HOA legal team.  They made the same choice all of us would have made under the same circumstances and they fell behind in their HOA dues by $800.  They proposed a payment plan which was rejected by the association so that the debt with penalties, interest and HOA ATTORNEY FEES soared to $5, 800.  That is a $5000 increase!nThere were still 7 kids that needed to be fed but now the “community” decided to bury them even deeper.

Jan Bergemann Joins us On The Commons.  Jan is the founder and president of the Florida based Cyber Citizens for Justice  a grassroots homeowner friendly group that seems to do as much good as CAI manages to do harm.  CCFJ heard about the Rollings and decided to prevent the foreclosure of their home. We’ll talk to Jan and find out just how CCFJ managed to help the Rollings and keep the family of 9 in their home.   The HOA got their back dues plus a whole lot more.  I ask myself exactly who are the freeloaders in this story.  Tune in and I am confident you will reach the same conclusion I did.

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Nila Ridings

Nila Ridings

For decades there has been a concerted effort nationwide by homeowners, and some legislators, to ensure proper and adequate disclosures of exactly what owning an HOA controlled home entails. One of the biggest pitfalls, as I see it, is that the message is missing the target by a wide margin.  While a place to live is a necessity, we all need shelter and a safe place to live, raise our families and nourish our soles, buying a house is an emotional purchase.  Once a potential buyer has approved the curbside appeal of a house and goes through the front door, they either hate the paint color in the entry, (an easy fix) and turn tail and head right back out, or they start to visualize themselves having breakfast at the kitchen bar, reading a book by the fireplace, enjoying the views from the living room windows and they start to fall in love with their vision of what living in this house would be like.  Informing them that there is an HOA that will “protect them from red doors in their neighborhood will not force them to remove their rose colored glasses.  The sale pitch is emotional so asking them to dig a little deeper is not going to be terribly productive.  How do we find a common language?

Nila Ridings joins us On The Commons.  Nila, an advocate for protecting housing consumers from falling into the HOA trap shares with us her personal nightmare.  In fact Nila was warned by her dad who was a builder, NOT to buy a house that is subject to a mandatory membership HOA.  But then she fell in love with a house.  It had so many lovely features, lots of promises and pots of dreams so just how bad could it be?  She dumped her lifesavings and her inheritance that she got from her father into buying her dream house.  And then she found out just how bad it not only can be, but is.   Tune in and hear Nila’s story and how, despite her unwillingness to pass on her nightmare to anyone else, another buyer, despite being warned, is in the hot seat of her HOA. 

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Caroline Douglas

You follow a case as it winds its way through the court system.  It seems so simple, so cut and dried that you wonder why so much time, money and hostility is invested in such a petty argument.  Why should it cost hundreds of thousands of hard earned dollars to figure out whether a homeowner in an association can have white roses instead of red ones?  Or whether or not a condo owner is allowed to have a small American flag on his or her front porch or if a family can have a swing set in the backyard for their children?  Why should these even be an issue?  And why would anyone in their right mind care?  And finally, after months of discovery, nasty letters, fines, bullying, isolation and abusive language, dividing up the neighborhood, name calling and other nastiness, the opinion from the judges is handed down deciding the case once and for all.  This is it, this is the end of this road. The wise men and women of the legal system have spoken and you are left with your mouth hanging open, wondering what on earth just happened.  

Caroline Douglas joins us On The Commons.  Caroline has a law degree although she is no longer a practicing attorney.  She has seen the dark side of the legal profession and decided to blow the whistle on what happens “behind the scenes”.  In an 800 page book called “The Dark Side: a law treatise on judging – with memoir”she explains it all and gives us clues to look for so we are not caught off guard.  In a fascinating interview she walks us through what goes on behind the scenes and how and why some of these off the wall decisions are reached.  Caroline has witnessed these irregularities both as a practicing attorney and a litigant caught in this legal “chamber of horrors”. You can reach Caroline at carolinegdouglas@gmail.com but you won’t want to miss this interview. 

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Larry Murphree

Larry Murphree

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?

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Shelly and Mike Marshall

This is Not Shelly or Mike Marshall

If people knew what they were getting into, would they still buy in an HOA?  I was convinced that they wouldn’t, but I was wrong. Thirty years ago when I first became aware of HOAs and started to understand what we were dealing with, HOA mandates were already in place in Fairfax County and probably across the country as well.  However, there were still pockets of older neighborhoods so some choices still existed.  Now, even most of those older neighborhoods have been razed to the ground only to be replaced by some new faddish fantasy that will no doubt sound positively utopian but in practice be unworkable.

Shelly Marshall and Michael Marshall, PhD join me On The Commons.  Shelly is an  HOA Warrior.  She is a prolific writer of self help books including a book on HOAs, what to look for and how to understand what you are getting into.  Dr. Marshall, Shelly’s brother, is a Psychology Professor and practitioner.  This dynamic duo have combined forces to answer the question; “Why can’t people hear us?”.  Shelly warned Mike about the risks involved in buying a condo and told him to keep looking but that didn’t stop him.  For awhile everything went well until one day when  his utopian dream came crashing down.  So why didn’t he listen?  Why don’t people learn from other people’s stories?  Mike and Shelly, along with Deborah Goonan, are working on a case study, doing some research with the intent of publishing a paper answering this question.  In an easy to understand and simple way, Mike explains the psychology behind human nature.  He and Shelly fill in with facts, stories and typical situations that take place every single day. This is a very exciting piece of research and a fascinating interview.  For all those people who believe that “HOAs are here to stay,” are you listening?

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This is not Shelly or Mike either

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Deborah Goonan

Deborah Goonan

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. 

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Andrea Barnes

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Silvia Wright

Silvia Wright

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.  

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Jessica Suico

 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? 

Imagine my delight when I ran across an article penned by a college student and published in the college newspaper, The Advocate.  The article is titled;   Illegal evictions harm families, neighborhoods.  

I had to find out more about it.

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.

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Larry Murphree

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?

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