Housing consumers are advised to do their due diligence, to read the governing documents of the HOA, before buying a unit in an association controlled development. In fact some states have disclosure laws requiring sellers to provide these documents. Are housing consumers being given a false sense of security? What happens the next time the legislature convenes to introduce new laws?
Joining us On The Commons is Frank Short with our annual St. Patrick’s Day round up of the latest in HOA land. Frank is an attorney, an owner and a long time advocate for homeowner rights. We’ll talk about proposed legislation in Virginia, the good, the bad and the ugly and the legislators who sponsored the bills.
I have never much liked the idea of mandatory membership homeowner associations. The concept of binding private real property to a hodgepodge of real estate owned by a third party, maintained and controlled by a motley crew of individuals with no expertise in the art of management has always seemed counterintuitive to me. That the model is not working is no real surprise. What galls me the most however, is the idea that a handful of owners and hired managers are allowed to fine the owners. This practice does get very personal. People have been fined for some of the most ridiculous things. A few examples include having a dusty roof and mailbox, a cracked flowerpot on the front porch, an “unapproved” garden hose in the yard, and “unapproved object” in a flowerpot (small US flag), talking to neighbors on front porch of ones own home, interior window blinds the wrong shade of white, a pet that exceeds the allowed weight limit, unapproved number of rose bushes, trash cans visible from the street. The list goes on and on. All as ridiculous as these examples. Fining is a power that is often used as a bully tool and abused and should be STOPPED. Fines can lead to the loss of a home through foreclosure and the loss of an owner’s financial security.
Frank Short joins us On The Commons. Frank, an attorney and a popular repeat guest of the show, discusses fines in HOAs and Condominiums. He explains why we have fines and who benefits from the fines. Over the years there have been a number of court cases about fines. He discuses those cases, explains what the courts considered and tells us how they ruled. He also explains the constitutional connections. This is an excellent show from the archives. For those being fined by their HOAs for whatever reason, this show is a must for the owner and their attorneys.
