Category Archives: Property Rights

Bill Davis

Homeownership is not a new idea, it has been around a long time.  For ages people have saved their money/got a mortgage bought a house and lived happily ever after.  When did this sensible concept get replaced and why did we have to make such a complicated mess out of an otherwise simple and easy to understand part of life?  Who benefits?  Certainly not the housing consumers.  And what exactly are we paying for when we fall in love with that perfect house and put our lifesavings on the table to buy the house?  How much is that dream home REALLY costing us?  Are we given a full break down of the costs, now and in the future?  If not, should we be told before we turn our pockets inside out to get the keys to the house?

Bill Davis joins us On The Commons.  Bill, a Texas attorney and one of only a handful of attorneys nationwide, who represents homeowners and consumers at odds with their HOAs.   A frequent guest, Bill has an uncanny ability to get to the  bottom of the problem and shed a slightly different light on issues that most of us have never thought about.  We talk to Bill about how our understanding of property values, that carrot that is dangled in front of every homeowner to get them to give up rights, has changed the way we see property, property rights and property values.  Concepts once easily understood but now ” subject to interpretation”.  We also talk about true costs of buying a home and identify some of the hidden costs and how they affect our ongoing financial outlay. We have a lot of questions, a few answers and a piece of advice:  “take off those rose colored glasses and get to the bottom of this housing mess”.    

Dangling a carrot in front of homeowners to force them to give up their rights.

Share your stories on  From the HOA Trenches

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Bobbie Goolsby

Individual freedom, along with personal and private property rights have been eroding gradually over the last few decades. This is especially true for homeowners in mandatory membership residential associations.  What is particularly galling about all this is that homeowners are told they knowingly and willingly gave up these rights – they ” agreed” and some go so far as to add “so stop your wining!”  This is a total misrepresentation of the facts.  No sane person in the world would agree to subject themselves to double taxation and the unfettered abuses of an industry gone wild.  The harm that can be done to families, the health and welfare of the citizens and especially the children living in HOAs can easily be demonstrated by this story.

Bobbie Goolsby joins us On The Commons.  Bobbie, a loving grandmother bought her granddaughter, Emma, now 6 years old, a pink playhouse.  This playhouse is Emma’s safe space, it is her world.  It is where she goes to feel safe, to get her therapy, to relax, to unwind and to mend and try to get better.  It is what every home should be.  This is something Emma understands.  It is a concept that the neighborhood HOA does not appear to understand.  Calling it a “metal shed” they demand it be removed immediately or face a court battle.  This, despite the fact that the homeowners were assured, BEFORE buying their home, that the playhouse would not be a problem.

In a candid and heartfelt interview Bobbie tells us about Emma and how they almost lost her.  What she means to the family and the joy this precious, friendly and outgoing child brings them.

Again, I have to ask myself, why do we need HOAs?

Facebooktwittergoogle_plusredditpinterestlinkedinmail

David Kahne

We’ve all heard  how an alleged debt of a mere handful of dollars can balloon into a king’s ransom at the hands of an HOA and their attorneys.  And no, I am not talking about investments for the homeowners.  And certainly not about the empty (read bogus) promises of protected and enhanced property values.  Sometimes these debts are due to a legitimate assessment that was missed for some reason.  And all too often the “debt” is due to a fine imposed by the association for violating a recorded covenant, a silly rule that was conjured up on the spur of the moment or, increasingly, because the transgression in question violated someones esthetic sensibilities.  In other words there is no rhyme or reason for the ensuing war among the neighbors.  Notwithstanding all the accompanying sanctimony that attempts to validate these outrageous fees, penalties, charges and surcharges, they are solely for the benefit of the industry that feeds at the trough of the owners.  For years the homeowners’ pleas for statutory relief and protection from these abuses have fallen on deaf ears.  State legislators have failed to enact legislation to end these practices.  

David Kahne joins us On the Commons.  David is an attorney in Houston, Texas.  His practice includes representing  homeowners who find themselves on the receiving end of the malice that is increasingly common in residential associations.  In addition to working with individual homeowners, David is an advocate for the rights of property owners.  He has worked with legislators and advocacy groups in Texas and around the country.  He testifies at the Texas State legislature for increased protections for the owners.  We talk to David about this year’s legislative activities and the need for the proposed legislation.  We also talk about a swimming pool case in Spring, Texas.   A young couple put in a pool in their backyard and to protect their toddlers and the neighborhood children, they erected a fence around the pool.  And the objection was?  Well, tune in, David will explain it.  

Tell us your stories in your own words 

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Tom DeWeese

Having a little corner of the world all to yourself is a dream for many.  A place to call yours, to fill with the people and the things you love, to put your own personal stamp on it.  But over the years the rights to that little corner of the world, or that piece of property that you own, have eroded and continue to erode.  That needs to stop.  

Tom DeWeese joins us On The Commons.  Tom is the founder and president of the Virginia based American Policy Center.  He is a passionate advocate for property rights, a prolific writer and speaker.  Looking at the state of property ownership today and seeing all the policies that have stripped owners of their rights he sees opportunities for change.  He wrote an article titled Five Actions Ben Carson Must Take to Control HUD’s Tyranny  We talk to Tom about some of the problems and how he believes the problems can and must be corrected.  We also wander off topic – just a little – and learn so much more about the possibilities that would be realized in a freer environment while fully protecting our property rights.  

 

 

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Andy Ostrowski

20161119ostrowski

Misinformation is all over the place, especially when it comes to HOAs and the loss of individual and property rights and freedoms.  Somehow a hand full of industry special interests have been able to convince legislators, judges and real people that millions of Americans have knowingly and willingly given up Constitutional rights and protections.  Try as I might, I simply can’t understand, or accept, that seemingly intelligent people would believe such outrageously false statements without question.

When faced with so much misinform and so many outright lies, it then is incumbent on us to set the record straight. But how?  It is all about getting the message out.  The message and the messengers have to be factual, unemotional and credible.  Long rants, crying uncontrollably and obfuscating the facts with gibberish will get us exactly where we are.  Nowhere.  Maybe it is time to rethink our strategy and our messengers.

Andy Ostrowski joins us On The Commons.  Andy is a former attorney who has been working on court reform in Pennsylvania.  He ran unsuccessfully for Public office in an effort to right the many wrongs he has seen.  Along the way he stumbled into a quagmire of property rights horrors and abuses in condos and HOAs in his neck of the words in Central Pennsylvania.  He added those issues to the long list of injustices he was determined to fight.  He has been working on getting his Law License reinstated and in the meantime he started hosting his own radio show where he included a number of property rights advocates and activists.  The show is currently on hiatus but he hopes to bring it back soon.  We talk to Andy about the problems and the challenges of setting the record straight on so many of the issues.  We also discuss the need for credibility when getting that message out.  Credibility?  Tune in to find out.

20161119ostrowskia

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Jill Schweitzer

20161112schweitzer1

In memory ofJill Schweitzer, a valiant warrior in the property rights battle for transparency and honest.  Jill lost her life on October 25, 2016.   Here is a show from July 2014

“If it hurts, it must be good for you”. Remember that one? Fortunately we got smart and realized that if it hurt it really was not good for us. Along the same lines of thinking is the other oft repeated canard which is that homeowner associations protect property values. “If your HOA makes you miserable and physically ill, is abusive, is grossly mismanaged, is secretive, etc. etc. etc., it is OK because it protects your property values.” This makes about as much sense as “if it hurts, it’s good for you.” Despite the fact that the “protected property values” claim is totally unsubstantiated, we hear it over and over again.

Maybe it is time to get smart and to stop being so gullible. Next time you are told HOAs protect property values, insist on tangible proof. Preventing a neighbor from painting their front door red is not acceptable and it really doesn’t prove anything.

Jill Schweitzer joins us On The Commons. Jill is a Real Estate Broker in Scottsdale, Arizona where there are a lot of mandatory membership HOAs and condominiums. She is concerned about all the problems in these controlled properties and has taken it upon herself to try to understand what is going on. She actually put pen to paper and did the math. She tracked and analyzed property values in 10 condo projects in Scottsdale over a period of 10 years. Her findings are on her website hoasavers.com  It might come as no surprise that contrary to protecting property values, HOAs can actually devalue property. Tune in, we’ll talk to Jill about a myriad of problems that seem to be part and parcel of HOAs, find out why she decided to look into HOAs and what she is planning on doing to protect her clients’ property.

20161112schweitzer2

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Bill Davis

20161029davis1

One of the most oft cited benefits of living in the US has always been the right to own property.  Having a roof over one’s head and being able to provide a safe and happy home for one’s family has been referred to as the American Dream.  Imagine, a house in the middle of a yard, surrounded by a lush green lawn, fruit trees, flowers and room to play with the kids, grandkids and pets.  It doesn’t get much better than that! 

So when and how did the dream go so very wrong?  When did it become such a nightmare?  When did the homeowner stop being the architect of his property, the pilot of her own destiny, the author of his or her story?  And when did she or he become the hunted and the target in this insane war in the neighborhood?  What is happening in our residential developments is sounding the death knell for what some believe to have been a greatest experiment in freedom.

Bill Davis joins us On The Commons.  Bill, an attorney in Texas, defends homeowners caught in the middle of the insanity that seems to have become very much part and parcel of “living the American Dream”.  He knows and understands the legal structure of deed restricted developments but more importantly he also knows their limits.  Join us as we discuss some of the torture tactics used to bully a homeowner and the far reaching consequences of the actions of these abuses.  We also hear the incredible facts in one case that highlights what can happen when neighborhood thugs are given unfettered power to browbeat and bully a neighbor.  

20161029davis2

 

 

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Tom DeWeese

20160611deweese

When trying to decipher the issues and problems with personal rights and private property rights, I often feel overwhelmed.  There are just so many ways all our rights are stripped that trying to track them all is a bit like what I imagine drinking from a fire hydrant would feel like.  At the very least you get soaked, breathing would be extremely difficult and it is questionable just how much you actually manage to drink.  And that is exactly how I feel when dealing with these issues. The micromanagement from all levels of the real governments, their omnipotent NGOs and the lowly first rung petty dictators in your local HOA is unbelievable. There is no end to the rules, laws, regulations, ordinances, covenants designed to control almost every aspect of your life.

Tom DeWeese joins us On The Commons.  Tom is the founder and president of the Virginia based American Policy Center and the editor of The DeWeese Report.  He is an author, a speaker, an advocate, an activist and, with several decades of studying the master manipulators and the property robbers worldwide, a font of knowledge.  He is passionate about what he does and with a well-organized and easy to follow narrative manages to fit in many missing pieces to the jigsaw puzzle the rest of us are trying to solve.  He zooms his lens out and looks at the big picture and then easily slips the puzzle pieces in place, before zooming back in and bringing the picture into focus. I always learn so much when I spend some time listening to Tom.  By the way, did I mention he is also a very nice person and fun to talk to?  He is.  You’ll want to tune in.

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Bonner Cohen

20160116cohen

Claiming to be a 5th generation landowner, Philip Thompson said, “I will do whatever it takes to help preserve the countryside we call home”.  The countryside he calls home is in Fauquier County, Virginia about an hour outside Washington DC.  He inherited much of the land in the countryside he called home,  then proceeded to place a large tract into a conservation easement managed by the Piedmont Environmental Council, (PEC). Much like the Declarations in residential associations, the easements restrict the use of the property. Much like a residential association, power is given to the administrator.  And we all know that “power corrupts and absolute power corrupts absolutely”(Lord Acton) regardless of who has it.

Dr. Bonner Cohen joins us On The Commons.  Dr. Cohen is a senior fellow with the National Center for Public Policy Research.  He also serves as senior policy analyst with the Committee for a Constructive Tomorrow.  He is an author, has spoken at conferences, and appears on TV and radio.  Dr. Cohen, a friend of Martha Boneta, has been following the horrors and abuses taking place in Liberty Farms.  He wrote an article  about the latest round of lawsuits.  We find just what Mr. Thompson meant when he said he would do “whatever it takes…”  And for “before” and “after” pictures of what the farm looked like under the Thomas’s and the PEC’s stewardship, watch Farming in Fear. 

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Martha Boneta

MarthaBoneta

We all dream of a safe, happy and healthy home in a safe, happy and healthy neighborhood.  We all need and want the security that comes with a real “community”  where we can raise our families, spend time with our friends and families and retire to when we want to shut the rest of the world out.  Unfortunately that ideal of “home” seems to have been lost in a quagmire of a legal morass. whether in a residential association or out in the countryside.  Gone are the days of a simple and peaceful life where neighbors were friends who looked out for each other.  Sadly nowadays the people watching are not doing so to be helpful but instead looking for ways to destroy their neighbors and take their property away their property.

Martha Boneta joins us On The Commons this week.  Martha, an organic farmer followed her dream and her passion for growing good wholesome food to feed her family, friends and neighbors.  She soon discovered that not all her neighbors were pure of heart.  Over the past 10 years they have sought to take her farm away from her.  They have been abusive, underhanded and plain obnoxious. Throughout it all, she has stood firm, fought back and inspired many people to step forward to “Stand with Martha”.  No matter how bad things get,Martha always has a kind word and a radiant smile .  Her story and her positive attitude in the face of adversity have attracted people to support her.   Legislators so outraged by how the laws are being abused by government agencies and appointed commissions have carried bills for her to try to right so many wrongs. Movie and documentary producers followed her battle for years releasing an award winning documentary earlier in the year called “Farming in Fear”. Martha also has a website,  In Martha’s own words, “Today will never come again.  Be Humble. Be Compassion. Be Love. Be Light”.

Facebooktwittergoogle_plusredditpinterestlinkedinmail