Have you heard the one about homeowner associations being “democracy, up close and personal”? How about homeowners in HOAs are better able to influence their immediate neighborhoods than their counterparts who live in the real world? And one of my all time favorites, “If you don’t like the rules, you can change them.” See, there is absolutely nothing to worry about, it is all oh so very civilized.
Or is it?
Some Texas homeowners actually believed all that jazz. They thought they had a say in their neighborhood and decided bans on fences or fence heights to preserve the view of a nonexistent golf course made no sense. So, they did what any concerned person would do, they tried to amend the governing documents to change outdated, restrictions and pave the way for a more friendly place to live.
Joining us On The Commons this week is Bill Davis. Bill, a Texas attorney, represents homeowners who find themselves having to protect their rights and their homes from the associations they have the misfortune of belonging to. We’ll talk to Bill about a particular association and find out why, as a “legal formality” the association sued 120 members who signed a petition to amend the governing docs. We’ll also talk about some of the “games” attorneys and associations play to circumvent the rules, and in some cases, the laws.
Proponents of homeowner associations would have us believe that HOAs are “democracy up close and personal”. They insist the owners have more control over the neighborhood than they otherwise would and being neighbors, the leadership would be of the kinder, gentler variety than the further removed, less personal municipal government could provide. They’ve got part of it right, anyway. HOAs can be extremely “up close and personal” and that is not a good thing. As for democracy, it is almost nonexistent in kontrolled kommunities around the country.
Neighbors and community members can be a little too close for comfort when it comes to providing any kind of governance that is needed to run a development. Personality clashes, personal feelings and long standing friendships/animosities are more than likely to interfere with any requirement for fair dealing. This lack of neutrality and imbalance of power can make life inside the borders of associations a living hell.
Joining us On The Commons this week is Billy Martin. Billy lives in a townhouse development in Houston, Texas where his first battle with the HOA was over a flag. The issue wasn’t whether or not he had the right to fly the flag but a dispute over the placement of the flag. It went to court and Billy won. The judge agreed that the flag was on private property and not HOA controlled property. That, however, is not the end of the story. What happened next is terrifying. (See News Story) We will talk to Billy and find out what he discovered when he came home from a trip and found his house had been vandalized.
The most effective way of breaking up a larger concentration of power is to “divide and conquer” or “divide and rule”. And one of the easiest ways of doing that is through the use of fear. It is no secret that many HOA homeowners live in fear. The statutory powers associations have been given across the country puts the owners at a huge disadvantage. And associations have been known to use, and in some cases, abuse those powers. Sometimes all it takes is making an example of one homeowner in a neighborhood to ensure that everyone toes the line without any problems. That is the Fear factor. But do the neighbors have a duty to get involved or should they just roll over and hope things blow over soon? Joining us On The Commons this week is Ward Lucas. Ward is an award winning investigative journalist who found himself tangled up in the HOA web. So what does an investigative journalist do when he thinks something smells bad? He investigates associations and when he discovered that he was not alone, he wrote a book called Neighbors at War. He then started a blog by the same name neighborsatwar.com We’ll talk to Ward about his book, his blog and get a feel of what is going on around the country. We’ll also talk about what it takes to stand up to the neighborhood bullies and why, even though there are more homeowners than association employees, the homeowners are losing the battle.
The horror stories and tales of abuse in America’s HOAs keep pouring in and there seems to be no end to the sheer gall and stupidity of some Homeowner association board members and managers. The alleged violations range from the ridiculous to the heartless to the absurd.
Beyond the petty peeves of the small minded nits in the neighborhood, another emerging characteristic, or by product, of these ‘hoods appears to be verging in the barbaric. In a recent story out of Florida, an 80 year old gentleman was evicted by the HOA for planting vegetables in his small garden patch. The stress of being alone and homeless sent him to the hospital with heart problems. As if that wasn’t bad enough, the neighbors actually cheered when they heard the news.
What makes people in kontrolled kommunities react with glee at a neighbor’s misfortune? In the days before these new fangled “ghettos” became as common as muck, neighbors were friends and pitched in to help. They had real communities.
Joining us On The Commons this week is Dr. Gary Solomon. Dr Solomon, a psychologist in Nevada, noticed that something was amiss in the shiny “community” he moved into. While the grounds may have looked manicured, the residents did not appear to be particularly happy and he wondered why. His research led him to write a couple of papers on HOAs, the HOA Syndrome and Elder Abuse. And since then he has been cautioning us about the harmful affects HOAs have on our health. We talk about the health issues and the potential for further abuses with new technology that could make America’s kontrolled kommunities, or ghettos, as Dr. Solomon calls them, even more stressful.
Black’s Law Dictionary defines property in part as “…that which belongs exclusively to one.” It goes on to say; “In the strict legal sense, an aggregate of rights which are guaranteed and protected by the government.”
Oh baby, have we strayed a long way from that concept. In this brave new world of controlled living we appear to have turned the notion of rights guaranteed and protected by the government on its head.
On this show we normally focus on those rights as they pertain to involuntary membership HOAs and enabling legislation nibbling away at what little is left. But perhaps enemy #1 is the very entity charged with protecting those “aggregate rights” Black’s Law Dictionary talks about.
Joining us On The Commons this week is Martha Boneta. Martha is a farmer in Fauquier County, Virginia where she tends to her animals and grows vegetables, produces honey and shares her passion for farming and her love of the land with anyone and everyone who is willing to listen. It is no surprise then to learn that when a friend asked if she could host her daughter’s 10th birthday on the farm that Martha willingly agreed. The birthday girl and 7 of her best friends enjoyed a day playing with animals, making soap and picking fresh vegetables. But apparently not everyone thought this was such a wonderful idea because Martha soon heard from the county government, you know, the ones charged with protecting her “aggregate rights”. And that was the start of a 2 year nightmare. Not one to back down, Martha put the issues on the skyline, got the Martha Boneta Bill signed into law and had a lullaby written for her. You can hear it here http://www.youtube.com/watch?v=cKli-sieOi0&sns=em To hear her full story and the unbelievable abuses she endured, tune in.
Times they are a changing. Some of you may remember leaving your house or car unlocked, confident in the knowledge that when you returned, everything would be just as you left it. In this wonderful, brave new world of controlled living, barricading your doors, windows and vehicles is no guarantee that you won’t be fleeced, especially if you live in one the nation’s 325,000 HOAs where expenses, charges, assessments, fines, fees and dues just keep rolling in.
One such “expense” is called a transfer fee. A transfer fee is a fee, usually charged by the management company to “transfer” the sellers name out of their computer system and replace it with the buyers name when a house sells in the development. This is the same management company that has been hired by the association to manage the affairs of the association, maintain the books and records and oversee the contracts.
Joining us On The Commons this week is Stan Hrincevich. Stan lives in Colorado in an HOA and when he ran across something called a transfer fee, he did some research and what he discovered did not please him in the least so he decided to do something about it. He spent the last couple of years working on legislation to ban them, or at least cap them in Colorado. He set up a web site, www.coloradohoaforum.com , found some sympathetic legislators to carry his bill, rallied the homeowners in his State and could almost taste the bubbles in his Champaign glass. He was so close to victory – or so he thought. Before you pop the cork on your bottle to help Stan and his fellow Coloradans celebrate, tune to find out what happened.
Homeowners in the country’s almost 325,000 HOA controlled developments have been getting “threat letters” for years from the association or the association lawyers regarding some of the stupidest complaints. How on earth does a dusty mailbox, a cracked flower pot, one rose bush too many, a pudgy pooch or cream colored window coverings instead of eggshell white ones adversely affect property values? The greatest value one derives from being a homeowner is the ability to do as one pleases in one’s own home. But for 63 million American homeowners who live in controlled kommunities , it is a value that is nonexistent.
Being on the receiving end of such ridiculous violation notices causes stress, which, as we all know can lead to serious illnesses. Dr Gary Solomon has coined the phrase “The HOA Syndrome” to describe this set of illnesses.
However, I am told that laughter is the best medicine so this week we take a break from the horrors and have some fun.
Joining us On The Commons this week is Greg Dorchak. The multitalented Greg is an award winning actor, a film producer and director, a cartoonist, a stand-up comedian and writer from Austin, Texas. When Greg had his first run in with his HOA, he took care of the complaint then started talking to his neighbors. Being naturally funny, he found the humor in all of the HOA lunacy and the idea for “The Code Enforcer” was born. You can watch the teaser here: vimeo.com/79266134 . Greg’s website is www.classclownpictures.com Be sure to check it out.
There is a reason I start every show with, “You are now leaving the American Zone” and if you are wondering what I mean or why I say it you need go no further than this show to understand why.
In recent shows I have been highlighting the “blame the victim” method of dealing with the horror stories that grab the headlines. It is, of course, the homeowners’ fault that the “professionals” managers have absconded with the association funds. “They should have been looking over their shoulders, they should have asked questions” the HOA industry of professionals whine. And what happens when the homeowners do ask, “May I see the books and records”?
Joining us On The Commons this week are Sandy Schenkat and Rina Messler. Sandy lives in Arizona where she was arrested by the local police for swimming in the association pool that she paid for. Rina lives in North Carolina, also in an association, and she too wanted to know where her money was going. On the other side of the country was another police officer who was willing to take the word of a board member and arrest Rina. Tune in to hear their stories and find out what happened to these two ladies. And if you are curious as to what would happen if YOU, the homeowner wanted the police to investigate some funny business in YOUR association, call your local police department and ask them how they will help you, the tax payer, protect your property from embezzlement.
Whenever there is a problem with an out of control board, or another horror story hits the front page of the papers, proponents of involuntary membership associations remind us quite arrogantly that we “agreed” to the covenants, conditions and restrictions of the association. Again, this is simply another way of blaming the “victim”. It has to be the homeowner who is reneging on his or her promise, his or her contractual obligation. “If they didn’t like the ‘rules’, they shouldn’t have bought into the association” they say and add “they can move.”
Joining us On The Commons this week is Frank Short. Frank, an attorney and a long time advocate for individual homeowner rights has been following the HOA bills winding their way through the Virginia Legislature. What he found is quite shocking and disturbing. Several bills allow boards or the courts to amend declarations even when the homeowners have said, NO. The latest lament from those who feed at the HOA trough is that the homeowners really don’t know what is good for them and besides, they are so apathetic, they won’t approve a measure giving the board more intrusive and abusive powers. What the bills would do, if signed into law, would horrify you. Listen to Frank explain the bills and what they mean.
Three of the absolute worse bills are HB530, HB791 and HB690. FInd out who your Senator is and ask them to kill these three bills.
Have you noticed how all sense flies out the window when an involuntary membership homeowners association is involved? All of a sudden we fear anything that is not part of that uniform look and feel of a kontrolled kommunity. 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 konform to the existing architectural guidelines will no doubt turn the neighborhood green with envy.
Oh, get real!
Joining us On The Commons this week are Maria and Sam Farran. 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.
How did they do it? Well, look for their new and improved governing documents On The Commons and yes, you may use them as a template if you too want to return common sense and a sense of community to your neighborhood.
