“It’s a contract” they say.  “You agreed” they insist.  They accuse you of reneging on your promise.  And before you know it, you are being evicted from your home for some senseless reason.  There is so much wrong with this HOA concept, I don’t know where to begin to list even half of the problems.  One of the biggest injustices is the imbalance of power.  If, as proponents of HOAs insist that it is a “contract”, then how come both parties to the contract don’t have the same enforcement abilities ?  When the association, be it a condo, coop or HOA fails to provide the services they are paid to provide, the only recourse available to the owner is to try to find an attorney, go to court and hope to get a judge who understands the issues. 

Bill Davis joins us On The Commons.  Bill is a Texas attorney who knows and understands the issues and the laws involving home and condo associations.  He is a frequent guest On The Commons and is one of a handful of attorneys who will represent the owners.  We talk about the huge imbalance in the abilities of the homeowners to enforce the “contract”.  We have both spoken to so many homeowners who have found themselves homeless because they got tired of paying for services they were not getting.  We discuss the duties and obligations of both parties.  It might not surprise you to learn that there is also an imbalance in the duties and obligations of the parties as well.  You’ll have to tune in.