Monthly Archives: October 2017

Condominium

Deborah Goonan

Change is part of life.  It always has been and always will be.  Consider all the changes that have taken place over the last few decades and how those changes have affected our lives. Depending on how far back you want to go it is not too hard to see just how things have changed.  Cars and roads made it possible for us to expand our world, expand our horizons and explore all the hidden wonders that were beyond our ability to walk to.   Computers and cell phones have brought the world even closer and enabled us to see and know what goes on around the world.  Another, not really celebrated change by the owners, is the imposition of mandatory membership residential associations like HOAs and Condos.  Notwithstanding the fact that housing consumers, for the most part, dislike them, proponents of this regime are quick to say, “HOAs are here to stay”.  But are they?  

Deborah Goonan joins us On The Commons.  Deborah has a widely read blog called Independent American Communities .  She is active on several social media sites and is a prolific writer.  A recent blog of hers titled “Reality check: HOA managers face decline of their industry, like it or not.” caught my eye.  I had to read it and when I did, I had to have her join us to talk about it.  We talk about the changes, some industry stats and some of “the changes” currently taking place,  especially in condominiums. Of course there are problems that simply can’t be ignored and we don’t.   However there are so many more that need to be talked about, analyzed, discussed and put on the skyline that we will have to tackle them the next time we get together On The Commons.  It is clear that change is inevitable, nothing is here to stay, and the more we try to control the natural flow of life, the bigger problems we will be creating.  To find Deborah on her various social media sites, follow the links below.

Deborah Goonan Independent American Communities (Blog/website) https://independentamericancommunities.com
Twitter: @goonan_deborah
Facebook: @independentamericancommunities

 

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Property Rights

Mike Pugh

I have never bought into the notion that Home Owner Associations are a necessity for any dwelling especially if it is free standing.  And I am not sure you can convince me that there is any value added even in a high rise situation.  Oh, I can hear the gasps out there!  Take a deep breath!  There certainly is no reason at all in a development where all the lots are measured in acres instead of inches, as they seem to be these days.  All right, I exaggerate, maybe not inches but certainly feet. Probably the worst aspect of the current residential association model is the governance.  It creates two classes of “neighbors” where some neighbors have authority over others.  This in turn ensures that there will always be some form of conflict that provides lots of opportunities to enrich the legal profession.  

Michael Pugh joins us On The Commons. Many years ago, Mike and his wife bought a large house on almost 6 acres of land in Virginia.  And yes, there is a mandatory membership HOA.  I suspect that is due to municipal mandates because there really is no rhyme or reason for imposing yet another layer of government on the residents.  In fact there is every reason in the world not to have one.  On the back 2 acres of the Pugh property that butts on to Tranquility Road, the developer put in a meadow.  A little bit of nature before man interfered with it.  For the last 27 years those 2 acres have been maintained as a meadow where the wildflowers grow and provide a refuge for the animals and insects and where the monarch butterflies are protected.  It is indeed a tranquil haven, and had been until the HOA reared its ugly head and demanded that the meadow, that is only visible from the Pugh’s property, be mowed down.  This battle, sadly, is headed to court.  The Pughs are determined to protect their property rights, their meadow and the beautiful monarch butterflies that return to their meadow every year.  And in case you are wondering, no, there is nothing in the governing documents prohibiting the meadow. It has always been there.  And with a little luck and some common sense, it always will be.

The local paper did a story on the Pughs and their meadow called Meadow Must Go Says HOA.  Doesn’t that say it all? There is also a video  of the meadow in all its glory that you will want to watch.  

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Property Rights, Property Values

Bill Davis

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Homeownership is not a new idea, it has been around a long time.  For ages people have saved their money/got a mortgage bought a house and lived happily ever after.  When did this sensible concept get replaced and why did we have to make such a complicated mess out of an otherwise simple and easy to understand part of life?  Who benefits?  Certainly not the housing consumers.  And what exactly are we paying for when we fall in love with that perfect house and put our lifesavings on the table to buy the house?  How much is that dream home REALLY costing us?  Are we given a full break down of the costs, now and in the future?  If not, should we be told before we turn our pockets inside out to get the keys to the house?

Bill Davis joins us On The Commons.  Bill, a Texas attorney and one of only a handful of attorneys nationwide, who represents homeowners and consumers at odds with their HOAs.   A frequent guest, Bill has an uncanny ability to get to the  bottom of the problem and shed a slightly different light on issues that most of us have never thought about.  We talk to Bill about how our understanding of property values, that carrot that is dangled in front of every homeowner to get them to give up rights, has changed the way we see property, property rights and property values.  Concepts once easily understood but now ” subject to interpretation”.  We also talk about true costs of buying a home and identify some of the hidden costs and how they affect our ongoing financial outlay. We have a lot of questions, a few answers and a piece of advice:  “take off those rose colored glasses and get to the bottom of this housing mess”.    

Dangling a carrot in front of homeowners to force them to give up their rights.

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