Shelly Marshall

If people knew what they were getting into, would they still buy in an HOA?  I was convinced that they wouldn’t, but I was wrong. Thirty years ago when I first became aware of HOAs and started to understand what we were dealing with, HOA mandates were already in place in Fairfax County and probably across the country as well.  However, there were still pockets of older neighborhoods so some choices still existed.  Now, even most of those older neighborhoods have been razed to the ground only to be replaced by some new faddish fantasy that will no doubt sound positively utopian but in practice be unworkable.

Shelly Marshall and Michael Marshall, PhD join me On The Commons.  Shelly is an HOA Warrior.  She is a prolific writer of self help books including a book on HOAs, what to look for and how to understand what you are getting into.  Dr. Marshall, Shelly’s brother, is a Psychology Professor and practitioner.  This dynamic duo have combined forces to answer the question; “Why can’t people hear us?”.  Shelly warned Mike about the risks involved in buying a condo and told him to keep looking but that didn’t stop him.  For awhile everything went well until one day when  his utopian dream came crashing down.  So why didn’t he listen?  Why don’t people learn from other people’s stories?  Mike and Shelly, along with Deborah Goonan, are working on a case study, doing some research with the intent of publishing a paper answering this question.  In an easy to understand and simple way, Mike explains the psychology behind human nature.  He and Shelly fill in with facts, stories and typical situations that take place every single day. This is a very exciting piece of research and a fascinating interview.  For all those people who believe that “HOAs are here to stay,” are you listening?

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John Cowherd

John Cowherd

Over the last few decades American homeowners have gradually lost sovereignty over their property.  With every new law,  every new covenant, every new policy our ability to live in our homes as we see fit has been eroded.  With every new policy there is an acceptance that this is the way of the future.  It is “normal” now to have someone else dictate and approve the colors you choose for your house, the plants and flowers you plant, the decorative elements you use, or in fact even if you are ” allowed” to use them, the structures you buy for your children’s play equipment including the colors you use.  The list is endless.  Sometimes I think it is getting to the point where children in kindergarten have more autonomy over their daily lives than do their parents.  

John Cowherd j oins us On The Commons.  John is a Virginia attorney who represents homeowners against their condominiums and homeowner associations. He hosts and maintains  Words of Conveyance   a blog that focuses on property law.  One of the trends he is seeing more of is the growing restrictions on renting one’s home, or even a room, either short term or long term.  He has a recent blog about this not so new issue of contention in America’s controlled residential associations titled  Rental Restrictions in Virginia Condominiums.   While there may be some genuine concerns about rentals, as usual the problems don’t appear to be quite as awful as some people might have you believe. We’ll talk to John and learn more about it.  We will also talk about how the courts rule in cases where the use of free use of property is inhibited.  Fortunately there is some good news there.

Listen to John Cowherd

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