Super-Priority Liens

Bill Davis

Sometimes I think that anyone wanting to talk about HOAs or any association-controlled residential dwelling must learn to speak an entirely new language. And the saddest part is that we are dealing with our most basic needs, our home. No longer is it just four walls and a door, but now you have a whole series of legalize that has become part of your everyday life. Is this really necessary? Whatever happened to KISS? Keep it simple stupid? I got an email recently from a listener who wanted to know what a super-priority lien was. Fortunately for all of us, my guest is an attorney and someone who is more than able to help us understand liens and super-priority liens and all the other legal mumbo jumbo that’s become part and parcel of our homes.

Bill Davis, a Texas attorney and one of a few attorneys who will represent homeowners against their HOAs, joins us On The Commons. Knowing that Bill is probably one of the best people to explain what a super-priority lien is, I gladly toss the question to Bill and ask him to explain super-priority liens. Without blinking an eyelid, he not only explains it but expands on it, so we get the big picture of what’s going on. You need to listen to this show; it is your home and your money we are talking about. 

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Flags, Litigation

Larry Murphree

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Larry Murphree

In the land of the free and the brave, the brave are having a hard time being free in their HOA controlled homes.  In some associations there is always someone willing to inspect private property, searching for any perceived violation no matter how ridiculous.  Almost a decade ago one of the condo spies spied a flag, a small flag, a really small flag in a flowerpot on the front porch of a homeowner, and they were off and running.  The violation notices and threat letters started arriving in the mailbox, followed by fines and expensive legal warnings from the HOA attorneys.  Yes, you know who they are.  When will they stop harassing and abusing Americans, especially veterans, for flying a flag? When will we realize that there are serious health issues associated with living under an HOA microscope and all the associated stress? When will this insanity stop?

Larry Murphree joins us On The Commons.  Larry committed the ultimate sin by placing a small US flag  in his flower pot on his front porch. Sweetwater condo association was quick to let him know that there was “an unapproved object in his flower pot”.  As you can imagine, Larry was rightly offended.  His flag was NOT an “unapproved object”. We talk to Larry about his life in Sweetwater Condo, the constant harassment, the abuse, the nitpicking and the pettiness and the sheer stupidity that is part and parcel of a bad HOA.  There are a lot of really funny stories about life in his petty association in general.  And then we learn about his current home. Tune in for some great giggles, then on Monday, February 24th head on over to Duval County Court House at 9 AM for what we hope will be his final hearing.  Go and support him.  Remember, there is strength in numbers.  

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Fighting Back

John McGuire

John McGuire

This encore presentation of On the Commons features John McGuire, who is running for congress in Virginia’s 5th Congressional District in 2024. On the Commons had John on the air a full five years earlier in 2019.

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.  

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Political Process, Property Rights, Right to Farm

Martha Boneta

It’s time to reflect on the 900 + shows we have done.  Yes, I say WE, because I didn’t do them on my own- I am so thankful and grateful for the over 900 guests who have joined me, told their stories, explained the laws, talked about the legislation they were proposing, the books they had written, the projects they were working on and the many other issues affecting the place we call home.  Some of their stories have made us extremely angry, others have left us wondering if we heard correctly, some have made us cry and others made us laugh, we have cheered and rejoiced when the homeowner won and we always wished them our very best.  But this show will leave you with so much hope.  You will be energized, excited and anxious to get started. I know   that’s how I felt.

Martha Boneta joins us On The Commons.  Martha owns a small family farm in Northern Virginia.  It has always been her dream to grow food and feed others.  But when she finally got her farm, her dream came with some really nasty surprises.  Not one to roll over and let the bad guys get the best of her, Martha stood her ground and fought back to protect her farm and her rights.  Now she is working on setting up a national grassroots network and invites everyone to join the fight for freedom.  And at the heart of freedom is property rights.  How can freedom exist without the right to own property, whether it is a farm, a mansion or a small condo?  As Martha said, “Now, more than ever, across our nation we need to rise up and answer the call to defend the American Dream.”  You will be excited at her ideas and will agree with much of what she has to say.  You can reach her via her website or by phone, 571-839-1143.  Stay tuned for the official launch of this grassroots movement, scheduled for sometime in January. And when it launches, Martha will be back with details – she promised.  

And this Thanksgiving I am thankful for all of you, all the people who will fight back for justice and freedom and I am really proud to call Martha a friend.  Now you have to tune in, don’t you?

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Empowerment, Fighting Back

Ward Lucas

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20161001lucas

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

20160909davis

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 [email protected] 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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News and Views About Homeowner Associations