Empowerment, Fighting Back

Ward Lucas

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Is it all about power or is money really at the root of all evil?  Or is it a combination of both?  I am of course taking about this notion of a fourth layer of government or, as they are more commonly referred to, mandatory membership homeowner associations.  Whatever the reason for their proliferation, consumer choice is not one of them and consumer acceptance is a myth.  Municipal mandates ensure a steady stream of tax free dollars flowing into the public coffers while power hungry board members are always on hand to enforce  alleged rules and regulations.  Let’s not forget the special interests behind the scenes orchestrating everything.  For them it is definitely power, money and greed.  So what is a homeowner to do once the honeymoon with their new house is over?  They usually hit the internet and start searching for a friendly voice out there and the they do, they are like to find my guest.

Ward Lucas joins us On The Commons.  Ward is an award winning TV anchor from Denver, Colorado who has the wonderful ability to see the humor in so many things including his own battles with his HOA.  Now retired as an anchor, the heart of a journalist still beats hard in him.  He first wrote a book called “Neighbors at War; The creepy case against your homeowners association.  That was followed by a blog by the same name where he talks about some of the daily disasters in associations to grab the headlines.  His second book is more of a personal story that allows the reader to glimpse the family life that has to be the reason for his wonderful sense of humor.  Even the title is fun, “Get this Mother Published.  The wacky world of a recovering army brat family”.  And for all his fans, stay tuned because book 3 is in the works. We’ll talk about the books, his web site, some of the stories from his Neighbors at War book but mostly about what is happening in HOA land across the country.  Tune in as we wander around the whacky world of controlled living, American Style. 

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Assessments, Fines, Super Priority Liens

Bill Davis

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Oh, it’s a brave new world when homeowner associations and condos are allowed, by law, to assess fines for alleged rules infractions and covenant violations. They are also permitted to add junk fees, file a lien and then foreclose to collect those charges which often include hefty attorney fees.  In many states associations have been granted priority over mortgages and other liens. What exactly does that mean?  And how do associations find all these minor problems?  The stories of covenant enforcement highlight the sheer pettiness and nastiness that seems to be quite rampant in association governed neighborhoods.   

Bill Davis joins us On The Commons.  Bill is an attorney in Texas who knows firsthand what it is like to be targeted by a homeowner association.  He regularly represents other homeowners, often in the battle of their lives against their HOAs.  We talk to Bill about super priority liens, find out what they are and what they do.  We also talk about something that is on the horizon that would allow associations to watch an owner’s every move and inspect every nook and cranny on private property.We are, of course, talking about drones.  As I mentioned, it is a brave new world.  Private property?  A home?  What will American homes and property rights look like in the future.

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Legislation, Towing

Frank Short

Imagine the resulting destruction if a classroom full of kindergartners had been given boxes of matches and told to play with fire.  No safety instructions, no oversight, no plans to prevent the inevitable mayhem and chaos, just the blanket permission for children to play with fire.  Now I know what you are thinking, no sane and rational person would ever do anything that reckless and stupid.   OK, so maybe we don’t actually give a room full of 5 year old boxes of matches but can you see much of a difference between that scenario and what is happening in condo and homeowner associations across the country?  How about state legislatures?

Frank Short joins us On The Commons.  Frank, a long time friend, a government attorney and a popular guest on the show  follows proposed legislation and explains how these laws, if enacted, would  work in real life.  We focus on just one of those bad bills today and talk about a towing bill that was introduced in the Virginia House of Delegates earlier this year.  Unfortunately this bill survived and went on to become the law while its companion bill in the Virginia Senate failed. Keep that picture of 5 year olds with their boxes of matches in mind as you consider the ramifications of how this new law will affect consumers, voters, taxpayers and anyone else caught in the web that has been spun by legislators.  Maybe it is time to recognize that our elected officials can’t be trusted any more than any other predator when it comes to protecting their constituents.  Is it time to take away the matchboxes from the “little ones” and start providing some desperately needed adult supervision?

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Foreclosures, Litigation

Nila Ridings

A home is a necessity although, the type of home can be the stuff of which dreams are made. So many people fantasize about the size, the style, the location of the house they hope to live in with their loved ones. They imagine the furniture, the number, and the size of the rooms they will have. Once they have visualized the house, they work on making their dream a reality. Bit by bit, they save money and assemble all the bits they will need to build the home of their dreams. But what happens once they make their dream home a reality. What happens if that home happens to be part of a mandatory membership residential association?

Nila Ridings joins us On The Commons and tells us about her home. In her case, her dream home, a townhouse, happened to be in a homeowners association. It was perfect for her as her monthly dues covered some outdoor maintenance she didn’t feel able to handle herself. She paid her dues diligently, but the maintenance she was paying for was never performed. The HOA’s negligence caused some severe problems. Nila then did the one thing a homeowner should never do, but it is the only thing they feel is within their control — she withheld her dues. If she is paying to have specific jobs done and the association is not performing its part, it makes perfect sense not to pay the dues. But the association has the ultimate power over the homeowners, and in this case, they exercised their power. What happened to Nila should never have happened, but sadly it happens too often. The courts were no help at all.

Please listen to Nila’s story, do not withhold your assessments, and if you want to make any legislative changes, start by making the associations more accountable to their members by performing the jobs they are paid to perform. Currently, it doesn’t appear there is any requirement for them to perform the jobs they are paid to do. Oh, I can hear the screams. Tune in to hear Nila’s story.

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Abuse, Constitutional Rights, Judicial, Law Suits

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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Property Rights

Tom DeWeese

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It is said that “a chain is as strong as its weakest link”.  We all know what a chain looks like, therefore it is easy to visualize and understand.  Replace the chain with something that is abstract, like a right or ownership, you know what they are and can describe what they mean but you can’t visualize them.  Then apply the concept of a weak link and imagine how it would erode the rights you have.  Except now the link isn’t a single item but rather a whole host of things merrily chipping away at your rights and property.  

Tom Deweese joins us On The Commons.  Tom is the founder and president of the Virginia based American Policy Center, a speaker, a passionate advocate for property rights and an author.  Tom has written several books, his newest book, Sustainable: The War on Free Enterprise, Private Property and Individuals.  In a clear and easy to understand way, he explains how, we have lost rights and freedoms over the years. In order to put things in context I ask Tom why property rights matter   If you thought it is so you can paint your from door any color you choose, that’s the least of it.  Click on the link for a free, downloadable pamphlet, tune in to the show and hear Tom discuss some the issues, read the book and decide to do your bit to salvage what is left of your and your children’s rights. 

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History of HOAs

Lincoln Cummings

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Lincoln Cummings
This interview was recorded and broadcast earlier.   

Byron Hanke is largely credited with being the grandfather of what we often refer to as “homeowner associations”.  But this concept of homeownership includes condominiums, co-ooperatives as well as fee simple single family homes.  As I started looking at the bigger picture of HOAs, I wondered about the origins of the concept.  I called Byron Hanke several times and talked to him on the phone.  He never agreed to be interviewed but was generous with his time when it came to talking one on one.  In October of 1999 I got a call from Lincoln Cummins, one of the three founders of CAI and its second President, inviting me to a summit to be held at at Anne and Byron’s house in a place called “Scientists Cliffs” in Maryland.  Scientists Cliffs served as a model for HOAs. 

Lincoln Cummings joins us On The Commons this week.  Linc has been involved from the very beginning so has a unique perspective.  He takes us on a trip down memory lane to the very early days of association housing,  introduces us to the people involved and talks a little about the thoughts and plans they had.  We’ll find out whether or not their ideas materialized as imagined or whether some things went astray.  We’ll also ask Linc, hindsight being 20/20, if he could go back to the very beginning, would he do anything differently.  
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Abuse, Elder Abuse, Stress

Barry Silver

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The dictionary has many definitions for the word “home” but to me home is that safe place we all go to recharge our batteries, be with those we love or enjoy the solitude those 4 walls provide.  It is a place that is uniquely our own.  Houses, apartments, hotel rooms and units can all look alike, but much like fingerprints and snowflakes no two homes are ever exactly alike.  In a world that seems to fear individuality and promotes uniformity, a home has even more importance than ever.
In our brave new world of cookie cutter dwelling units, crammed into modern day  kommunities ,  more often than not the heart and soul of what we once called a community is gone.  In addition to all looking alike and living alike we now also are expected to be alike.  
 
Joining us On The Commons this week is Barry Silver.  Barry, an attorney who practices in Florida, has spent his career fighting for the rights of individuals, including homeowners in HOAs. Currently Barry is working with several homeowners in a particular association where the owners are being evicted from their own homes.  These owners are paid up, they do not owe any money so it is not a case of “mooching off their neighbors” as proponents of this dysfunctional housing scheme would use as an acceptable reason for this barbaric behavior.  They are, however, elderly so they are vulnerable. Their alleged “crimes”, and the reason they are being evicted are petty, absurd and ridiculous.  We’ll talk to Barry about these homeowners, what they are being targeted for and where they are now. 

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Fighting Back

Nancy Kozanecki

We would do well to keep KISS in mind when it comes to our homes “Keep it Simple, Stupid.” But we can’t seem to do that, and the problems keep mounting. So when a plumber, an electrician, or a roofer can’t help, who do you call? So many Texans contact our guest, who deals with much messier and more complicated problems than plumbers or roofers. 

Nancy Kozanecki joins us On The Commons.  Nancy took over from Beanie Adolph as the director of the Texas Reform Coalition. By the sounds of things, she is very busy. I enjoyed talking to her and learning from her, and my guess is that you will too. So mark your calendars and be sure to tune in.

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Property Values

Tyler Berding

Regular listeners to the show know that I have never bought into the notion that HOAs protect and even enhance property values.  When you look at all the moving parts in a house controlled by a homeowners association, in no way can I see how that could be the truth.  Professor Robertson, who was on the last show, did the research and found that HOAs not only do not protect and enhance values as claimed, but actually diminish the values.  Now that made a lot more sense to me.  But then I got an email from my friend Tyler Berding, an attorney in California, wanting clarification on what properties Professor Roberts based his study on. We are guessing they are single family homes, comparing similar sized homes with roughly the same square feet and amenities (number of bedrooms, bathrooms, and other amenities, construction and location, one in an HOA and the other Free as a bird and not in an HOA.  But then Tyler reminded me of one of the big pitfalls in this entire HOA discussion and that is language.  We don’t use terms that are common to everyone.  Some people and places refer to them as common interest developments, others call them property owners associations, and yet others refer to them as condominiums, cooperatives, attached and detached housing and the list goes on and on.  I am beginning to think we have a modern Tower of Babel.  

Tyler Berding joins us On The Commons Tyler is a founding partner in the California based law firm of Berding and Weil.  Tyler and his fellow attorneys specialize in Common Interest development  law.  We talk about language and the differences in the different forms and styles of these dwelling units and then dive into construction.  Like I said, there are so many moving parts to a house in a homeowner association.  We don’t often dig in deep enough when discussing the issues in HOA/common interest developments/ condominiums, etc, etc. I still can’t see how a house in an HOA can possibly protect and enhance the value, regardless of what you call it. in fact given all the parts it makes more sense that HOAs strip the owner of so much more.  But regardless, I always enjoy talking to Tyler and learn so much from him.  Tune in, I hope you enjoy the show as much as I did.

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News and Views About Homeowner Associations