Some people insist on referring to HOAs as communities. If we describe people; who live in the same geographical area as a community; that might be accurate. However, in a contrived situation like today’s mass-produced residential associations, geography is about the only thing most of the owners have in common. The hierarchical structure of a forced membership association does nothing whatsoever to foster a sense of community, rather it seems to cause isolationism and imposes fear in the residents. In a very real sense their real governments and left to fend for themselves against all manner of abuses have abandoned the owners. In some of the worst cases, homes are being stolen by those in the upper echelons of the HOA hierarchy and sold on the courthouse steps for pennies on the dollar.
Ryan Torrens joins us On The Commons. Ryan is a young attorney in Tampa Florida who was introduced to the horrors of foreclosures right out of law school. Shortly thereafter he started his own firm, The Torrens Law Group, where he specializes in protecting homeowners facing foreclosure from banks and homeowner associations. We talk to Ryan about the situations that promote a climate that not only favors foreclosures but also in some respects makes them commonplace. We get tips on what to do when a homeowner finds themselves in that situation, and probably more importantly, what not to do. We also talk about key legislation that might go a long way in preventing some of the worst abuses.
> The hierarchical structure of a forced membership association
Can we stop calling them “associations” and start calling them what they are, “corporations”? Or “H.O.A. corporations”, to distinguish them from normal corporations that actually protect an owner’s personal assets from the corporation’s liabilities?
Hooray to the anonymous above who made the observation about replacing “community” with “corporation”. I have suggested for some time that homeowners use the phrase “HOA corporation” instead of “association” when in the courtroom. The reason is that “association” is somewhat benign and quite misdescriptive. An involuntary membership corporation is not anywhere close to a benign, voluntary association. “Community” is also separate from the corporation.
CAI would like you to believe that the HOA corporation and the community are one and the same, but they are not. Community is an abstract concept – not capable of suing or being sued. An HOA corporation does not represent a community. As a private corporation, an HOA corporation is at best just one of the members.
You will never see a CAI attorney refer to the HOA as “the Corporation”. Ensure that you do to help set the jurors and the judge straight on the fact that this is an HOA corporation and it only operates in the best interest of those that control its board – not the residents of the subdivision.
– ICdeLight
April 4, 2010 at 8:43:00 PM CDT
…and your observation confirms the never-ending confusion over whether “association” refers to the people living there or the corporate entity. The term “association” is in fact INTENDED to confuse prospective purchasers, owners, the public, juries, judges, legislators, etc.
If we stop catering to the industry’s desire to blur the distinction with the word “association” then we should emphasize “corporation” whenever referring to these entities.
– ICdeLight
March 10, 2017 at 9:36:00 PM CST