Category Archives: Fighting Back

Bill Davis

The mere existence of a homeowners association does not mean that the HOA has limitless power and authority and can do everything and anything it wants.  Unfortunately that notion seems to be widely accepted.  I’ve heard board members say, “we are the board and can do anything we want” and their attorneys respond, You are not on solid legal foundation but homeowners don’t assert their rights so go ahead…..   So what is a homeowner who is caught in this insane web to do?

Bill Davis joins us On The Commons. Bill, a Texas attorney who represents homeowners against their homeowners associations tends to run into some of the strangest cases.  Today’s discussion is about one such case and underscores the importance of homeowners doing their own research. We’ll talk about one association that may, or may not have the power and authority to do anything it feels like doing.  In this case the homeowner chose to assert his legal rights and in the process uncovered some interesting facts about the association.  

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Ward Lucas

Ward Lucas

Why do some HOA horror stories grab the headlines, go viral, get written up in news outlets around the world, discussed on radio shows and highlighted on local and national TV shows while others, equally horrible, get ignored?  We never seem to learn as the stories repeat themselves, over and over and over again.  Flag flaps, children play equipment in private backyards that seem to irk some of the less tolerant in the ‘hood, non conforming trashcans, unapproved garden hoses, bird feeders, discrimination, discrimination and more discrimination against anyone who does not conform to some secret acceptable standard.  There are hundreds of these stories every single day yet we only ever hear about a tiny handful of them.  Why?  

Ward Lucas joins us On The Commons this week.  Ward is an award winning print, TV and radio journalist who, over his career have covered stories of war while fighting a war to protect his property in a homeowners association.  His experience and expertise were put to great use when he wrote Neighbors at War, the Creepy case Against your Homeowners Association.  The term ” Neighbors at War” has caught on and is used often in HOA stories.  Ward also maintains a blog by the same name.  All his posts give an estimated reading time.  We’ll find out why.  We’ll also ask him how to capture the attention of the mainstream media and what we, as homeowners with all sorts of different backgrounds, can do to become more effective communicators.  I always have fun talking to Ward so tune in and join in the fun.  Oh, and as an added bonus, we’ll hear all about his latest book, due out soon.

Listen to Ward Lucas
Facebooktwittergoogle_plusredditpinterestlinkedinmail

Martha Boneta

Martha Boneta

Due to technical problems we are rebroadcasting this show.  

As I write this Louis Armstrong’s, “What a Wonderful World” is playing in the background.  I listen to the words and in my mind’s eye I see the green trees, the red roses and imagine them blooming for me and you.  I see the colors of the rainbow and the friends shaking hands, saying I love you and watching babies grow, oh, “what a wonderful world”.  Then  I have to wonder, why  we can’t keep it that way?  Why do we allow a few bad apples to ruin an otherwise wonderful world?  Is there anything we can do to prevent that? But what can one person do?

Martha Boneta joins us On The Commons.  Martha’s dream of becoming a farmer was realized when she and her family became the proud owners of Liberty Farm in her native Virginia.  However, it wasn’t long before her dream was threatened by the overreaches of the environmental commission and her time was devoted to fending off their abuses, dictates and demands. Not one to roll over, Martha fought back – and she won.  Along the way she got two bills named after her, she is also the subject of a documentary film, “Farming in Fear”, she has received numerous awards and has been named Most Amazing Woman by Country Woman’s Magazine.  We talk to Martha about fighting back and learn what we, as individuals and as a group of homeowner advocates and activists, can do to fight back, protect our rights and our homes.  With all the tools available to us we don’t have to roll over, we can fight back and then look at the skies of blue and the clouds of white and think to ourselves, “what a wonderful world”.

Listen to Martha Boneta

Tell us your stories  in your own words 

Facebooktwittergoogle_plusredditpinterestlinkedinmail

John McGuire

John McGuire

Bruised, abused, mocked, harassed, dejected and frustrated, homeowners in HOAs have tried to fight back. They have been sued, fined, ridiculed, outgunned and left standing alone in a sea of their neighbors, homeowners like themselves too terrified to even talk to them lest they find themselves in the crosshairs of the HOA.  Over the years I have talked to and witnessed some of these homeowners as they start an organization to fight the injustices of HOAs only to end up fighting amongst themselves.  Their vision of taming the HOA monster evaporating into thin air. Could part of the problem be the lack of teamwork?  Are they listening to each other or shouting over each other? Is the key to real reform as simple as listening?

John McGuire joins us On The Commons. John, a Virginia delegate has one of the most amazing and inspiring personal stories I have yet to come across.  When all the odds seemed to be against him, John fought and earned one of the coveted spots as a Navy Seal, despite being told he couldn’t do it. Later he defied the odds again and survived a life threatening accident, learned to walk and to write his name – again.  Incredibly none of what he went through in life convinced him he couldn’t do something.  Being told he couldn’t do something was the impetus he needed to prove them wrong. John strongly believes in teamwork and like every good leader, gives credit to his team.  I heard about John when he managed to help resolve a 20 year HOA horror story.  We’ll get to know John personally and learn about his philosophy, talk about the problems in HOAs and start looking at different ways of dealing with the problems millions of American homeowners face nationwide.  

Listen to John McGuire
Team Work

Tell us your stories in your own words 

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Caroline Douglas

Albert Einstein is credited with saying, “The definition of insanity is doing the same thing over and over again and expecting different results”.  Whether Einstein said it or not is debatable but what is certain is that the quote is common sense.  Yet for some reason we insist on doing the same thing over and over and over again, convincing ourselves that this time it will work.  THIS time the results will be different.  And yet again, we are disappointed and frustrated.  This is especially true when it comes to “fixing” all the problems with residential associations.  We believe that one more law requiring or prohibiting something will drastically alter the failing HOA system.  But all those statutes do little other than complicate and compound the problems.  Maybe it is time to start thinking outside the box and looking at different “solutions” – different ways of protecting homeowner assets and rights.

Caroline Douglas joins us On The Commons.  Caroline is passionate about the Law, a subject she loves and is always willing to talk about and share thoughts and ideas with us.  This week we brainstorm ideas that would allow homeowners to get what it is they want most, the right to be left alone and to enjoy the peace and sanctity of their own homes.  We explore the possibility of taking the fight to a different arena and using a different battle cry.  We learn about potential rights and remedies.  Tune in for an idea packed hour of ways to stop doing the same thing over and over and over again and expecting different results.

Tell us your stories  in your own words 

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Wes Rocki

20160123rocki

If I could draw I think I would write the HOA book as a series of cartoons because that’s how my mind tends to work.  Many of those cartoons would be funny, others not so funny.  But over the years never has there been a sumo wrestler in any of my imagined doodles or cartoons – until this interview.  That’s when I started putting sumo wrestlers in the picture .  But a gratuitous, enormous hulking, naked man in what appears to be a diaper, in the middle of a manicured, sterile, characterless, controlled residential association wasn’t quite connecting.  So, I decided to read up on sumo wrestling and sumo wrestlers. And all of a sudden it was a perfect fit, diaper and all.  I discovered, among other things, that although some of these massive men appear to be invincible, they have been toppled by smaller opponents.  A sumo historian is quoted as saying he believes the circular ring was chosen to assist smaller fighters slip away and that the sumo rules tends to root for the underdog.

If you find yourselves in the bullseye of an HOA battle, facing what may seem like a sumo wrestler, grin at the diaper and know that you can win.

Dr. Wes Rocki, MD, PhD joins us On The Commons.  Retired from practicing conventional medicine, Wes now focusses on alternative medicine, including techniques on self help and self healing.  He explains how we can empower ourselves to better handle any conflict.  We talk about how we can step away, mentally and emotionally to get a better grasp of the situation.  Wes gives us a lot of really good advice on how to not only survive being at the center of an HOA storm but how to survive emotionally, reframe the conflict, empower ourselves and win against that massive sumo wrestler in the ring with us.  So many light bulbs went off during the course of this interview.  Listen and be empowered.

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Caroline Douglas

Albert Einstein is credited with saying, “The definition of insanity is doing the same thing over and over again and expecting different results”.  Whether Einstein said it or not is debatable but what is certain is that the quote is common sense.  Yet for some reason we insist on doing the same thing over and over and over again, convincing ourselves that this time it will work.  THIS time the results will be different.  And yet again, we are disappointed and frustrated.  This is especially true when it comes to “fixing” all the problems with residential associations.  We believe that one more law requiring or prohibiting something will drastically alter the failing HOA system.  But all those statutes do little other than complicate and compound the problems.  Maybe it is time to start thinking outside the box and looking at different “solutions” – different ways of protecting homeowner assets and rights.

Caroline Douglas joins us On The Commons.  Caroline is passionate about the Law, a subject she loves and is always willing to talk about and share thoughts and ideas with us.  This week we brainstorm ideas that would allow homeowners to get what it is they want most, the right to be left alone and to enjoy the peace and sanctity of their own homes.  We explore the possibility of taking the fight to a different arena and using a different battle cry.  We learn about potential rights and remedies.  Tune in for an idea packed hour of ways to stop doing the same thing over and over and over again and expecting different results.

Tell us your stories  in your own words 

 

 

 Facebooktwittergoogle_plusredditpinterestlinkedinmail

John Paskert

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.  

Share your stories on   From the HOA Trenches

Facebooktwittergoogle_plusredditpinterestlinkedinmail

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.

Share your stories on   From the HOA Trenches

 

 Facebooktwittergoogle_plusredditpinterestlinkedinmail

Scott Wircenski

How do you fix something that is so horribly broken, something that was built on a foundation of lies and misinformation and something that is so anti owner?  You can’t.  For the past several decades homeowners, legislators, academics, health professionals and yes, even the homeowners themselves, have suggested ways weeks and mini fixes, all they have accomplished is made the whole process more burdensome and complicated.  Maybe it is time to take a step back, analyze the issues and the reasons for the conflicts and tackle the real reasons for the feuds instead of just trying to make them more palatable.

Scott Wircenske joins us On The Commons.  Scott, a homeowner in Kansas asked the board of directors of Parkhill Manor HOA a rather embarrassing question: “where is our money?” .  Homeowners who are members of any residential association are responsible for the financial health of the association as well as the condition of the common assets (liabilities?).  The owners have a right to know what is going on and the board has a fiduciary duty to keep the owners informed.  Scott’s board chose, instead, to withhold that information.  For the past 8 years Scott has been involved in litigation, trying to work with the board as well as attempting to get legislation enacted to prevent the abuses.  Scott shares his story with us and warns us of the pitfalls that he encountered. 

Facebooktwittergoogle_plusredditpinterestlinkedinmail