We can all make a mistake but when we intentionally seek to mislead, it is called a lie. Habitual liars have no credibility and without credibility they really have nothing. Who is going to believe them? But when it comes to sales, intentionally misleading the public should, and at one point did, have consequences. At least when it comes to property, which is always an emotional decision. A false statement about the property can sway a decision one way or the other. It is imperative that consumers are given all the TRUE facts and allowed to make an educated decision as to whether to proceed with the purchase or not.
And what happens when the ads are misleading?
Martha Boneta joins us On The Commons. Martha, many of you know, realized her childhood dream of becoming a farmer when she and her family bought Liberty Farms in Paris, Virginia. At the time of the sale the farm was dilapidated and in desperate need of a lot of tender loving care. A patriot and someone who loves the land and Virginia and tirelessly posts photos of her beloved Commonwealth on her Facebook page, the physical condition of the farm was less important than the purported historic significance of the farm. The emotional hook for Martha was the allegation that Stonewall Jackson bivouacked on the land that was now part of the farm. For someone who loves her country as much as she does, no other farm anywhere was as precious as Liberty Farm. So she bought it, cleaned it up, fixed it up and turned it into a little corner of heaven on earth. At least when it comes to the condition of the farm. But heaven was still a long, long way away. Join us as we catch up with Martha and life on Liberty Farm.
Increasingly in America homeowners are treated like incompetent idiots who are incapable of managing their own lives and their homes. Members of the HOA industry have gone as far as to equate the owners as “children who do not know what is good for them”. Naturally they are more than happy to make all our important decisions for us- and leave us with the bill! To add insult to injury, the false advertising and misinformation that, under most other circumstances, would be punishable by law, is swept under the rug and ignored. Unit owners in homeowner and condo associations are often ridiculed, harassed and penalized for demanding transparency or even questioning the actions of the association. Their duty is to not ask why but to pay up and shut up.
Well, times they are a changing. Slowly but surely more and more talented people have had enough and are starting to move mountains, one stone at a time!
John Sellers joins us On The Commons this week. John has worked in the banking industry for years and knows just where to look for any irregularities. So when things just didn’t smell quite right, he put his talents to work and started digging. What he discovered is quite incredible. Not only are the people who are supposed to be protecting your rights turning a blind eye to all the shenanigans going on behind closed doors, but they are also using YOUR tax dollars to cover up some missing funds in HOA banks. John continued digging and was told to “get a hobby”. Fortunately for us, he took that advice to heart, expanded his search criteria and started a blog called ArizonaHOA where he intends to not only share information but to also gather information from other homeowners. He estimates there have been 3,000 court cases involving HOAs in Arizona. Chances are those did not happen because associations were doing such a wonderful job, as proponents of HOAs would have you believe. Tune in, it is an eye opening interview.
History can show us where we came from and how we got here. History is just as valuable when looking at the evolution of residential associations. While design and structure have played significant roles in their growth, so have enabling legislation and lack of choice. But what about the future? Wouldn’t history be a good tool to help us prevent the same mistakes that have led to the creation of some of the most harmful housing choices? If we look through our crystal balls what do we see? What is in store for American homeowners? Will sanity, respect and dignity make a comeback or have property owners lost the right to sovereignty over their own homes?
Bill Davis joins us On The Commons. Bill, a Texas attorney and frequent guest on the show, represents homeowners. Along the way he has encountered some of the most interesting, weird and bizarre situations associated with the wacky world of controlled living. Many of his cases and stories highlight the incredible absurdity of this form of housing. In addition to taking on clients, he is a frequent commentator on many public forums, discussing all things related to HOAs. He shares some thoughts about the new White Paper put out by CAI. We’ll find out if they are looking through the same crystal ball that Bill consulted.
What a concept! Build homeowner associations to give municipal governments a sneaky underhanded way of collecting what amounts to free tax money. This sleight of hand is also known as double taxation. It works very nicely for local governments – not so well for the homeowners involved. Developers increase density thus increasing profit margins. Housing consumers are told that this scheme will protect property values and allow them to enjoy greater control over their immediate surroundings. To add insult to injury, real governments have adopted a hands off approach, claiming it is a civic matter. State legislators have enacted legislation empowering associations while special interest groups reap the benefits.
While the carnage continues, those in a position to prevent these atrocities have front row seats to the modern day Gladiator Games.
Julio Robaina joins us On The Commons. Julio is a former Florida State Representative who, during his term, toured the State with a task force talking to home and condo owners. The stories he heard from the owners convinced him that something had to be done to stop horrors. He introduced legislation that would provide oversight through the Florida Department of Business and Professional Regulation, but subsequent legislative tinkering and bureaucratic red tape has all but rendered the program useless. Not one to give up, Julio, who I nicknamed “The Energizer Bunny” years ago, went straight from the State House into property management where he is still working with the homeowners to put a stop to fraud and embezzlement and to ensure fair elections. He and his partner have a web page detailing all the problems and the issues, naming names and streaming news clips. Condo Receiver is a treasure trove of stories and a must see for anyone who wants to understand just how bad things can get in residential America. And while the stories are about Florida, these stories are replicated nationwide. And the Energizer Bunny is still fighting!
If you ever wonder why we are having so many problems in residential America, all you have to do is follow the bouncing ball. The trail will lead you to a number of issues that almost every mandatory membership development in every state faces. When you look at what is happening and then go back to what these associations were supposed to be, and think about all the platitudes spread around the country like manure in flowerbeds, the stink will be unavoidable. The flowers that are growing are not for the benefit of the owners but are being plucked by the special interests.
Jim Lane joins us On The Commons. Jim is a homeowner and activist in North Carolina where he has spent time trying to educate homeowners and has lobbied to have homeowner friendly legislation enacted in NC. His group is called Coalition for Homeowner Protection and Reform of Homeowner Association Laws We talk to Jim about some of the issues and the problems and the current laws in NC. One of Jim’s main concerns is that there really is nowhere for homeowners to turn for help when they find themselves in the crosshairs of the association. He points out that although the legislature has enacted laws allowing the homeowners some access to books and records, the state has not provided an enforcement mechanism other than costly litigation. We also discuss what needs to be done and why the HOA system, as it is currently configured, is NOT working FOR the homeowners.
Have you noticed how all sense flies out the window when an involuntary membership homeowners association is involved? All of a sudden we fear anything that is not part of that uniform look and feel of a kontrolled kommunity. A different shade of blah can topple an entire neighborhood, an unapproved garden hose, dusty mailboxes, flags, rose bushes and pudgy pooches are all a threat to property values. An addition that doesn’t quite konform to the existing architectural guidelines will no doubt turn the neighborhood green with envy.
Oh, get real!
Joining us On The Commons this week are Maria and Sam Farran. The Farrans weren’t about to believe all the nonsense they were told. They did their homework, knew the rules and the laws and decided to fight back. After years of court room drama, they won their cases and were awarded attorney fees and court costs. However, there was a snag. You see, in the process, their HOA ran out of money and went bankrupt. But there is a happy ending after all. As Maria says; “We used to be a corporation that ran a neighborhood, we are now a neighborhood that runs a corporation”. I won’t ruin it for you so tune in and find out how they got their money and what happened to the association. You’ll love it.
How did they do it? Well, look for their new and improved governing documents On The Commons and yes, you may use them as a template if you too want to return common sense and a sense of community to your neighborhood.
If you live in an HOA, and who doesn’t these days?, you are required to pay your share of the common costs in the association. That is only fair. And it is also only fair that you be told how your money is being used. Unfortunately part of the common expenses will sometimes include some pretty hefty costs for litigation. The association may end up in court, and the members of the association will have to cover those costs. But none of this is news and in fact attorney fees should be budgeted for. What appears to be more prevalent these days, is that as part of a settlement agreement, there is a confidentiality clause. Here is how this tends to work; the HOA Board is sued, ends up settling the case and as part of the settlement they agree to pay a sum of money as long as the homeowner agrees to a gag order. The owner is not allowed to talk about the terms of the settlement, if they do, they have to repay the money and start all over again. I have heard of some really nasty conditions. The owner agrees thinking they’ll get that monkey off their backs and be able to get on with the rest of their lives. The problem is that the settlement doesn’t always end the dispute. But beyond that, the association is using your dues to cover up their misdeeds and you are not allowed to know about it or any of the details. The money you paid them to fix the roof is now buying your neighbor’s silence.
Bill Davis and John Cowherd join us On the Commons this week. They are both attorneys who represent homeowners against in litigation against their HOAs. Bill, from Texas, has been on the receiving end of the HOA litigation so understands what to os like to be in the crosshairs of an out of control board. John, a Northern Virginia attorney, switched his practice where he worked in real estate law to representing homeowners. John also has a blog called Words of Conveyance . His latest post is on point for this week’s show topic. We talk about gag orders, why they are used and whether they should be used.
It was all so simple in the beginning. Build new houses in a residential association, give the HOA the authority to tax the homeowners and the responsibility of providing the services normally provided by the municipal government. The local municipality still collects the full tax but no longer provides the services. Is it fair? Is it right? Probably not but it was simple.
Was it then necessary to take what was once an easy to read one or two page “contract” known as the Declaration of Covenants, Conditions and Restrictions and just keep adding more covenants, more restrictions, more conditions and empowering association boards and managers to become more intrusive and more abusive? When the world was given a mere 10 Commandments that covered everything they needed to lead a good life, why do American homeowners need a tome of do’s and don’ts on how to live in their own homes? Haven’t we gone too far?
David Kahne joins us On The Commons this week. David, an attorney in Houston, Texas has represented homeowners in their legal battles with their homeowner associations. He has been active in trying to get homeowner friendly legislation enacted in Texas. He has presented in numerous homeowner sponsored conferences. The most recent conference held in Houston was just a couple of weeks ago. Participants discussed the issues and talked about possible fixes. We’ll talk to David and learn about the conference, legislative successes from the last session and we’ll find out what is on the agenda for next year’s session. One of the greatest benefits of meeting as a group is the benefit of brainstorming. We will hear about some very interesting ideas and comments that came out of this conference.
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.
Community – that wonderful word that conjures up images of people who have interests and ideals in common, people who live in a neighborhood where they become friends and family. It takes a while to build a community, to build trust and to get to know each other, to learn to overlook the petty and silly stuff and focus on the good things about the “community”.
But in this fast paced, modern world of ours where “community” is manufactured, an outsider is hired to ensure uniformity and compliance and tolerance, acceptance and individuality are frowned upon, the only things owners have in common appear to be the duty to pay whatever they are ordered to pay and to “obey the orders”. In these artificial “communities”, the descriptive words that more readily come to mind are “war zones”. When the problems are petty and ridiculous, as they often are, a more sensible approach to dealing with them may be some form of adult supervision.
Adam Buck joins us On The Commons this week. Adam is an attorney in Scottsdale, Arizona who has started a new company called Homeowner Legal Services. Adam says he has represented both homeowners and associations in disputes that have gone to court. His new company is a membership based dispute resolution venue. The association signs on and agrees in the event of a conflict, to mandatory, binding arbitration. This membership extends to the members. Everyone agrees to appear before a retired judge and abide by his or her decision. We talk to Adam about the details of how this would work. We also discuss time lines. For some of the pettier and sillier “disputes” where “common sense” might suffice for a reasonable resolution, this may well be one answer.
The views and opinions expressed in this interview are those of the guests and do not necessarily reflect the official policy or position of On The Commons.
Opinion: It is my belief that much of what goes on in associations is petty and stupid. However, there are some very serious problems in associations that need to go beyond “common sense” solutions and set legal precedent for how to protect the rights and property of the owners. In these instances binding arbitration should never be used. Shu.