Category Archives: Covenants

Board of Directors Malfeasance, Covenants

David Kahne

David Kahne

David Kahne joins us On The Commons this week.  David is an attorney in Houston Texas.  He has worked in HOA and Condo law for many years as an attorney in court representing homeowners and as an advocate for HOA reform.  David has been working on an interesting case that he will tell us about.  Working through the case and doing his research, it became clear to David that some legislative fixes me be in order.  Since David will be telling us all about the case I will leave it up to him to explain it but I urge you all to tune in and listen very carefully because he is asking us for our thoughts and any ideas we may have on how to hold board members responsible for violating the governing documents.  Right now board members can fine homeowners in violation of almost everything but when a board member steps off the straight and narrow path homeowner are left holding the bag.  That needs to change   Tune in, listen in and send us your thoughts and ideas.  

Listen to David Kahne

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Covenants, HOAs vs. the Ecosystem

Mike Pugh

There is a very delicate balance in the world that, when left alone, tends to function and work as it was meant to, in complete harmony.  Sadly we seem to be incapable of leaving things alone and have yet to learn that man cannot always improve what nature, time and custom have already perfected. And when that meddling is the result of personal aesthetics, well it can almost be seen as criminal.  Today’s show is about protecting individual and property rights, defending the monarch butterflies, standing up to the bullies and winning.  

Mike Pugh joins us On The Commons.  Mike and his wife bought a house with a two acre meadow that is part of their property. It backs up to a line of trees and the meadow is only visible from the Pugh’s property.  The meadow, with its abundance of milkweed plants, has been there for decades and is an important part of the monarch butterflies migratory path.  And yes, there is a homeowners association involved.  Isn’t there always when homeowners have to fight to protect their rights and their homes?  The HOA decided that the meadow had to go and that’s how this fight started.  After years of courtroom drama, the Pughs WON in a court of law.  We’ll talk to Mike, learn more about the fascinating monarchs and the Pughs battles with the HOA.  And as is typical, the HOA bullies  can’t accept defeat gracefully, they still want the meadow mowed.  So the battle continues.   You can see Mike’s meadow here.

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Covenants, Legal Boundaries

Kenneth Ditkowski

I seem to zip through life at breakneck speeds, taking most things for granted and never really thinking about the reason we do things any particular way.  Oh, once in a while I ask myself, “What were they ever thinking?” when I run into something a little strange.  However, when things are working well the farthest thought is to wonder why it works.  It is so much easier to start looking at things that don’t make sense and figure out how to improve it.  

And for a show whose sole focus is property rights, that was a little short sighted.  How can we protect ownership and rights without knowing how to properly define the property in question? That is one those things most of us have always taken for granted.  

Kenneth Ditkowsky joins us On The Commons.  Ken is an attorney in Chicago who, when he was fresh out of law school, full of self confidence and a can-do attitude found himself on the ground floor of redefining property boundaries and ultimately changing skylines in cities across the country. Maybe even the world?  We’ll talk to Ken about the Prudential Building, the first high rise in Chicago and the hundreds of pages of legal speak explaining the ownership structure.  Ken and his partner accepted the challenge and simplified it, reducing the document down to a more manageable size.  In the process they paved the way for high-rise residential buildings to be built and ultimately changing the face of the Chicago.  We’ll talk about all the things most of us take for granted and never give a second thought to.  We’ll learn about different ways to determine the legal boundaries of a piece of property and find out what happens when mother nature decides to ” shift” the things we take for granted.  I was spellbound as I listened to Ken.  Tune in for a fascinating show.

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