We can all make a mistake but when we intentionally seek to mislead, it is called a lie. Habitual liars have no credibility and without credibility they really have nothing. Who is going to believe them? But when it comes to sales, intentionally misleading the public should, and at one point did, have consequences. At least when it comes to property, which is always an emotional decision. A false statement about the property can sway a decision one way or the other. It is imperative that consumers are given all the TRUE facts and allowed to make an educated decision as to whether to proceed with the purchase or not.
And what happens when the ads are misleading?
Martha Boneta joins us On The Commons. Martha, many of you know, realized her childhood dream of becoming a farmer when she and her family bought Liberty Farms in Paris, Virginia. At the time of the sale the farm was dilapidated and in desperate need of a lot of tender loving care. A patriot and someone who loves the land and Virginia and tirelessly posts photos of her beloved Commonwealth on her Facebook page, the physical condition of the farm was less important than the purported historic significance of the farm. The emotional hook for Martha was the allegation that Stonewall Jackson bivouacked on the land that was now part of the farm. For someone who loves her country as much as she does, no other farm anywhere was as precious as Liberty Farm. So she bought it, cleaned it up, fixed it up and turned it into a little corner of heaven on earth. At least when it comes to the condition of the farm. But heaven was still a long, long way away. Join us as we catch up with Martha and life on Liberty Farm.
One of the most despicable and abusive practices that has become an acceptable part of the American culture recently is that of fining by residential associations. Why is the HOA industry so enamored with the power to fine? Is it really designed to FORCE people to act, live and behave according to some aesthetic plan concocted by the architects of controlled living? Whatever the real reason, it is a punitive measure that strips a person of his or her assets. A few dollars can soon mushroom to tens and even hundreds of thousands of dollars, resulting in the loss of someone’s home. Proponents of this offensive practice wonder how else one can force compliance by a neighbor. But is that really what they are concerned about or do they have ulterior motives? Who benefits? Joining us On The Commons this week is Frank Short. Frank is an old friend of the show, a personal friend and a lawyer. And, as only Frank can, he takes us on a historical trip through court cases that have examined fines. We hear about the issues, the arguments and what the courts at various levels and in different states have ruled. He packs an hour with a comprehensive and chronological look at fines, the courts and the legislatures.
This is a rebroadcast show from July 2019 that we often talk about. Tune in, you’ll love it just as much this time around.
Have you noticed how all sense flies out the window when an involuntary membership homeowners association is involved? All of a sudden we fear everything that is not part of that uniform look and feel of a controlled community. A different shade of blah can topple an entire neighborhood, an unapproved garden hose, dusty mailboxes, flags, rose bushes and pudgy pooches are all a threat to property values. An addition that doesn’t quite conform to the existing architectural guidelines will no doubt incite a riot, oh get real.
Maria and Sam Farran join us On The Commons this week. The Farrans weren’t about to believe all the nonsense they were told. They did their homework, knew the rules and the laws and decided to fight back. After years of court room drama, they won their cases and were awarded attorney fees and court costs. However, there was a snag. You see, in the process, their HOA ran out of money and went bankrupt. But there is a happy ending after all. As Maria says; “We used to be a corporation that ran a neighborhood, we are now a neighborhood that runs a corporation”. I won’t ruin it for you so tune in and find out how they got their money and what happened to the association. You’ll love it.
The truth is that none of us has a crystal ball and can’t predict exactly what will happen, but life has taught us that certain pitfalls and dangers lurk around the corner and could cause a lot of problems. One of those problems is not having enough money set aside if the walls come tumbling down around us. In a condominium, it is mandatory that the board ensures that they fully fund the reserves unless they want to impose special assessments to make the necessary repairs to ensure that the buildings are safe and sound. It is inconceivable that the entire building will fail, right? Well, we have just witnessed one of the most horrific disasters that resulted from a condo that shrugged off their responsibility to fund the reserves and also to make the necessary repairs and replacements as they came due. Entire families lost everything they owned. If there is a lesson to be learned here, it is to make sure the condo collects the needed reserves and that we, the members, pay them when they are due. A special assessment will be a lot less convenient at a later date.
They built a condominium where a shared building is owned by a business, managed by a board of directors, and funded by the members. What can go wrong? This arrangement complicates things considerably. The owners are required to comply with decisions made by others whether they like it or not. Unlike a traditional form of ownership, where the buyer buys and owns the building and is solely responsible for the maintenance, the members of the condominium are stuck with the responsibility of paying for any problems. And those problems can be disastrous, as we saw when the Surfside condo collapsed, killing entire families.
Jan Bergemann joins us On The Commons. As many of you know, Jan is the founder and President of the Florida-based Cyber Citizens for Justice. Jan has done a fantastic job at CCFJ and is very knowledgeable about condos and HOAs. He has long advocated for fully funding association reserves. Following the catastrophe at Surfside, he took things one step further. Jan called a town hall meeting with legislators and leaders from all different Florida groups to look at ways to prevent this from happening again. Fortunately for all of us, they recorded the meeting on Youtube and for all to watch. I urge you to take the time to tune in and consider something similar in your state. Here is the link https://www.youtube.com/watch?v=0hotkUUlYqk
HOAs are the disaster that keeps on giving. Ladies and Gentlemen, you must accept that HOAs are not for your benefit. HOAs are there to benefit your local government. The entire thing is a scam designed to force homeowners to pay more for the services they receive.
Bill Davies, an attorney who represents homeowners, joins me today on the commons. He fills us in on some of the things going on with HOAs. We also highlight a few things we would like to change. Tune in and listen to our wish list, and please help us achieve our goals. Our plans would only benefit you, the homeowners, and not the local gooses stealing your money.
The industry members and the others are getting rich off of you. By the way, HOAs do not protect your property value; they diminish your property value.