I have never much liked the idea of mandatory membership homeowner associations. The concept of binding private real property to a hodgepodge of real estate owned by a third party, maintained and controlled by a motley crew of individuals with no expertise in the art of management has always seemed counterintuitive to me. That the model is not working is no real surprise. What galls me the most though is the idea that a handful of owners and hired managers are allowed to fine the owners. This is a power that is often used as a bully tool and abused. The fines can lead to the loss of a home and their financial security.
Frank Short joins us On The Commons. Frank, an attorney and a popular repeat guest of the show, discusses fines in HOAs and Condominiums. He explains why we have fines and who benefits from the fines. Over the years there have been a number of court cases about fines. He discuses those cases, explains what the courts considered and tells us how they ruled. He also explains the constitutional connections. This is an excellent show from the archives. For those being fined by their HOAs for whatever reason, this show is a must for the owner and their attorneys.
I think that we all agree that the fining of home owners by H.O.A. corporations should be prohibited by law. So why isn’t whatever it is that calls itself an H.O.A. reform movement trying to accomplish this in state and/or federal legislatures?
Instead of any meaningful reform, like prohibiting fines for foreclosure by HOAs, we get this:
“Despite their best efforts, local legislators were not able to pass a bill to the Florida Senate floor regarding relief and recourse for homeowners against their homeowners associations (HOAs) during the recently-completed session.” Florida State Sen. Darren Soto (D-Orlando) “said HOA reform bills need three components: the ability to count proxy votes; mandating more time that HOAs must give homeowners prior to accessing [sic] any penalties or taking action, and a dispute resolution system that doesn’t involve going to court.” ( http://www.aroundosceola.com/cortes-to-continue-house-fight-for-hoa-reform/ )
These legislators have absolutely no idea what it will take to provide “relief and recourse for homeowners against their homeowners associations”. Unfortunately, neither do many HOA-reform activists.