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.