All posts by terrybar

Municipal Abuse

Jason Helvenston

This show is a rebroadcast, but it is just as valid and timely today.

Ralph Waldo Emerson said: “To leave the world a bit better, whether by a healthy child, a garden patch, or a redeemed social condition; to know that even one life has breathed easier because you have lived – that is to have succeeded.”

Do you suppose Ralph was thinking about homeowner associations and the many petty municipal governments around with ridiculous rules, ordinances, and abusive enforcement mechanisms when he wrote that? His message seems to have fallen on deaf ears because these entities continue to make life miserable for their members and constituents.

Fortunately, more individuals are doing amazing things to make the world a better place, not for just one person but hundreds of people, despite their local governments.

Joining us On The Commons this week is Jason Helvenston. Jason and his wife, Jennifer, wanted to grow their food, but edible plants tend to require sun, and the sun happened to be in their front yard, so that’s where they planted their herbs and vegetables. However, the city council of Orlando, Florida, thought that grass would look normal, and so they did what petty governments do so well, they issued an ultimatum, “plant grass or else… we will fine you $500 a day!”. The Helverstons believe in protecting their right to plant whatever they want on their property, so they fought back, and they WON! You’ll have to listen to their story to realize that their garden is only the first step to opening our eyes and how they are making so many people “breathe easier.”

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Americans with Diabilities Act, Legal Abuse Syndrome

Dr. Karin Huffer

When your life veers off the normal, the safe, the known and the routine and gets derailed into a hostile, unknown land where you are fighting for your life, stress tends to become part and parcel of who you are. And stress, as we have learned on this show,  adversely affects your health.  It is always a lot worse when you are facing the adversarial situation on your own.  Can having some friendly support mitigate some of the damage caused by the situation?

Dr. Karin Huffer joins us On The Commons.

A long time therapist, having watched what happens to victims of the justice system and the effects of stress they suffered, coined the term Legal Abuse Syndrome.  Her book, by the same name,  Legal Abuse Syndrome talks about the problem and possible remedies.  She found that the key to mitigating the harmful effects of being a victim is to help each other.  For the past several years she has trained volunteers to be that “support” to victims.  Her latest book is a revised and updated Kindle version of her first book. She has turned some of her attention to explaining, training and teaching Americans about the Americans with Disabilities Act.  Americans with disabilities don’t always know they have rights or what those rights are and businesses, managers and bosses are not always aware of them either.  Apparently neither are all the attorneys out there.  So Karin is hard at work training them all.  You can learn more and reach Dr. Huffer through her website,  Equal Access Advocates.com  but do tune in to listen to the amazing lady.

Here is a link to the Kindle Edition of Dr. Huffer’s Book “Legal Abuse Syndrome” on Amazon:

Legal Abuse Syndrome

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Conflict Management, Fighting Back

Wes Rocki

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If I could draw I think I would write the HOA book as a series of cartoons because that’s how my mind tends to work.  Many of those cartoons would be funny, others not so funny.  But over the years never has there been a sumo wrestler in any of my imagined doodles or cartoons – until this interview.  That’s when I started putting sumo wrestlers in the picture .  But a gratuitous, enormous hulking, naked man in what appears to be a diaper, in the middle of a manicured, sterile, characterless, controlled residential association wasn’t quite connecting.  So, I decided to read up on sumo wrestling and sumo wrestlers. And all of a sudden it was a perfect fit, diaper and all.  I discovered, among other things, that although some of these massive men appear to be invincible, they have been toppled by smaller opponents.  A sumo historian is quoted as saying he believes the circular ring was chosen to assist smaller fighters slip away and that the sumo rules tends to root for the underdog.

If you find yourselves in the bullseye of an HOA battle, facing what may seem like a sumo wrestler, grin at the diaper and know that you can win.

Dr. Wes Rocki, MD, PhD joins us On The Commons.  Retired from practicing conventional medicine, Wes now focusses on alternative medicine, including techniques on self help and self healing.  He explains how we can empower ourselves to better handle any conflict.  We talk about how we can step away, mentally and emotionally to get a better grasp of the situation.  Wes gives us a lot of really good advice on how to not only survive being at the center of an HOA storm but how to survive emotionally, reframe the conflict, empower ourselves and win against that massive sumo wrestler in the ring with us.  So many light bulbs went off during the course of this interview.  Listen and be empowered.

Conflict Management is a necessary skill to have in these times. For further reading on Conflict Management, and possibly a different perspective, here is a link to a book available on Amazon.

Conflict Management

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Listen to Wes Rocki

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Disclosure Package, Failure of HOA Concept, Uncategorized

Professor Leon Robertson

For the past several decades, states have required that housing consumers, buying into a mandatory membership housing association, be provided what is commonly called a “disclosure package.”  Some states provide a list of what the package must contain.  Much of the information is accurate but confusing and makes little sense. Even some attorneys have a hard time trying to decipher some sections.  Realtors and some settlement attorneys shrug off any questions as “you agree to pay so much a month to get trash and snow removed,” where applicable.  No bells go off.  “HOAs protect property values” has become such a common notion that buyers do not dig any further and accept it on face value.  Intuitively that statement makes no sense whatsoever but, absent proof to the contrary, people still believe it.

Leon Robertson joins us On the Commons this week.  Professor Robertson, a retired Yale University professor, discovered HOAs like the rest of us, by buying into one and finding out that it was nothing like he expected.  Being a professor and very thorough, he started researching HOAs, land records, tracked sales, and wrote a paper titled Correlation of Homeowner Associations and Inferior Property Value Appreciation.  After he crunched the numbers and analyzed the research projects, the result was that far from increasing and enhancing property values, HOAs diminished property values.  Perhaps, in fairness and honesty, housing consumers should be given a copy of Professor Robertson’s paper before signing on the dotted line.

Based on his experience, Professor Robertson wrote a book called The HOA Murders – A Novel of Suspense.  I have it on my kindle and can’t wait to dive into it.  You can also see a preview of this book or buy it for your Kindle from Amazon at:

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Listen to Professor Leon Robertson
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Uncategorized

Martha Boneta

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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.  

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Uncategorized

Frank Short

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. 

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Fighting Back

Maria and Sam Farran

Maria and Sam Farran

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.

Listen to Maria and Sam
A Happy Neighborhood Once Again

Tell Us Your Own Story In your Own Words

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Condominium, Reserves

Jan Bergemann

Jan Bergemann

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

Listen to Jan Bergemann

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Uncategorized

Bill Davis

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.

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Condominium

Jan Bergemann

The tragedy of the Champlain Tower collapse in Florida has the rest of the country, and perhaps the world, scratching their heads wondering why an otherwise seemingly well-built building would all of a sudden just collapse in the middle of the night? What happened to cause the building to crumble, burying many of the owners and residents in the rubble? How do we prevent something like this from happening again if we don’t know what caused it? There are as many thoughts and ideas as to the cause but nothing concrete yet. Was it, as some people speculate, rusted-out metal rebars? Did the saltwater have anything to do with it? Could the concrete have been too thin? Was it the proper consistency? And the all-time favorite, the owners failed to have sufficient reserves? I suppose there are loads of reasons why the building could have fallen so dramatically, but that is not helping us prevent it from ever happening again. So barring a conclusive reason for the failure of the structure, we turn our attention to the things we need to improve on to catch any flaws during the construction phase of a building. This is where the local governments need to step in and stop whining.

Jan Bergemann joins us On the Commons.  Jan is the founder and president of the Florida-based Cyber Citizens for Justice. Jan is always generous with his time and in-depth knowledge of what goes on behind the scenes in Florida. Today is no exception. His insider knowledge helped explain a lot of mysteries. We still have no conclusive evidence, but the Federal government is sending money and the workforce to dig a little deeper into the tragedy. Finally, our tax dollars may be doing some good instead of being wasted. Here, we hope we get some solid answers and make sure there will never be a repeat performance.  

Listen to Jan Bergemann
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