We’ve all heard the ridiculous explanations about the horror and abuses of HOAs.  “It’s ALL your fault, condo and homeowners, because you agreed”.  And that begs the question of why any sane and rational person who fully understands all the ramifications of association living would ever agree to the lopsided powers against them?  Do housing consumers really understand that the notion of an HOA contract is as fake as they come?  In a contract both parties are pretty much on an equal footing.  They agree, in the case of an HOA, to pay a certain sum of money on a monthly/quarterly or annual basis in return for certain services and benefits.  So far sounds OK, right?  But in the event of a breach in the contract the HOA has seemingly limitless powers to enforce their perception of the breach of the fake contract while the owner is left with nothing more than the right to hire an attorney and go to court.  The association? Well, they can fine you and take your house away without ever going to court.  Seems fair, right?  No, I didn’t think so either.  What happens when you exercise your 1st Amendment Right to Free Speech and decide to tell your story?  Does that offer you any leverage?  Can you prevent someone else from getting caught in the same house of horrors?  Well, that’s where more and more homeowners these days are running into something called a gag order.  You can’t talk about what you have endured and how the courts sided against you even further tipping the scales of justice in favor of the association. 

John Cowherd join us On The Commons this week.  John is an attorney in Northern Virginia who represents homeowners caught in the web of HOA horrors.  Surprise, surprise, he knows the laws pertaining to condos and HOAs in Virginia.  Something not many attorneys understand.  John is a blogger where he writes about all things related to real estate, including HOAs.  His blog is called Words of Conveyance.  We talk to John about his recent blog titled Are Legal Remedies of Owners and HOAs Equitable? We talk about the associations right to fine, why they like that power and what an owner can do to protect him or herself.  We also talk about court imposed gag orders to prevent any information about the cases from ever seeing the light of day.  Perhaps we ought to remind them of the Louis Brandeis quote: “Sunlight is the best disinfectant”

Tell us your stories in  your own words