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.

Housing consumers have been told that in an HOA they would enjoy greater control over their environment, they would have full and complete access to all the books and records of the association, their property values would be enhanced and protected and all this while providing them the luxury of carefree living.  Hmm?  My mother always told me that if something sounds too good to be true, it usually is.  In this case she was right. As far as I can make out the entire HOA housing concept is built on a mountain of lies and more lies and these lies are starting to fall like a house of cards.

Scott Wircenske joins us On The Commons.  Scott is a homeowner in Parkhill Manor association located in Olathe, Kansas.  His battle is not new and like many people embroiled in HOA issues and problems, he has learned more about associations than he ever wanted to know. So many problems and issues keep coming up again and again in cities, towns and municipalities in state after state across the country.  Same problems, same issues, same MO, just the names of the people are different.  Many of these problems can be filed under the heading of mismanaged funds or lack of transparency or both.  In Scott’s story both of these issues take center stage. Usually when ANY (and I use the term loosely) governing body is reluctant to act in the open and insists on hiding under cover of darkness, there is a reason for it.  Scott kept asking the embarrassing questions, information he was entitled to but instead of answers he kept getting vilified by the members of his HOA.  You see, they were following the official HOA script.  You’ll recognize them when you listen to Scott.  Not one to back away, Scott odyssey has been going on for several years, and still continues.  His story and experiences should serve as a warning to housing consumers looking for a house in an HOA.  

I find it ironic that we spend the first 18 – 22 years of our lives learning how to be adults and to make decisions that will affect us and our lives only to end up in an HOA, feeling like we did in when we were in kindergarten.  “Eat your vegetables”, “Wash your hands”, “Pick up your toys”, “Go to bed” and if you don’t behave, it is “time out” or “NO TV”.  Only as an adult, supposedly having been taught how to make the right decisions, in an HOA it tends to be, “Your blinds are the wrong shade of white”, “You have an unapproved garden  hose”, “no cars in the driveway”, “Too many roses in your yard” OR ELSE, “fines” “foreclosures”. and other nasty penalties hurled in our direction.

We’ve all heard the saying, “When life hands you lemons, make lemonade!”.  It makes sense and sounds easy enough but what if life hands us more than mere lemons?  What happens when life comes at us full force, out of the clear blue and knocks us for a loop?  And that can be especially true if we live in one of the nation’s hundreds of thousands mandatory Homeowner associations.  How do we make lemonade out if that mess?  And that is especially true when one of the absolute big taboos is HOAs is “LEMONADE STANDS” ?  Even children trying to be helpful and mature beyond their years have found themselves in the crosshairs of a rather stupid HOA. What to do?

Dr. Wes Rocki, MD, PHD joins us On The Commons.  Wes is a retired physician who has been working in alternative medicine for a while.  Much of his focus has been on self-healing which is something that is sorely needed in every life and especially in what resembles battle zones in our neighborhoods.  We talk to Wes about our natural and normal reactions to finding ourselves being attacked and in harm’s way.  We find out how to protect ourselves or, at a minimum, how to react and even how to put our opponents off balance.  We touch a little on “fear” which is a big part of how we are controlled and put at a disadvantage.  We talk about how we react and can take charge of at least part of the situation.  You will want some of Wes’ advice in your survival tool kit.

The mere existence of a homeowners association does not mean that the HOA has limitless power and authority and can do everything and anything it wants.  Unfortunately that notion seems to be widely accepted.  I’ve heard board members say, “we are the board and can do anything we want” and their attorneys respond, You are not on solid legal foundation but homeowners don’t assert their rights so go ahead…..   So what is a homeowner who is caught in this insane web to do?

Bill Davis joins us On The Commons. Bill, a Texas attorney who represents homeowners against their homeowners associations tends to run into some of the strangest cases.  Today’s discussion is about one such case and underscores the importance of homeowners doing their own research. We’ll talk about one association that may, or may not have the power and authority to do anything it feels like doing.  In this case the homeowner chose to assert his legal rights and in the process uncovered some interesting facts about the association.  

Why do some HOA horror stories grab the headlines, go viral, get written up in news outlets around the world, discussed on radio shows and highlighted on local and national TV shows while others, equally horrible, get ignored?  We never seem to learn as the stories repeat themselves, over and over and over again.  Flag flaps, children play equipment in private backyards that seem to irk some of the less tolerant in the ‘hood, non conforming trashcans, unapproved garden hoses, bird feeders, discrimination, discrimination and more discrimination against anyone who does not conform to some secret acceptable standard.  There are hundreds of these stories every single day yet we only ever hear about a tiny handful of them.  Why?  

Ward Lucas joins us On The Commons this week.  Ward is an award winning print, TV and radio journalist who, over his career have covered stories of war while fighting a war to protect his property in a homeowners association.  His experience and expertise were put to great use when he wrote Neighbors at War, the Creepy case Against your Homeowners Association.  The term ” Neighbors at War” has caught on and is used often in HOA stories.  Ward also maintains a blog by the same name.  All his posts give an estimated reading time.  We’ll find out why.  We’ll also ask him how to capture the attention of the mainstream media and what we, as homeowners with all sorts of different backgrounds, can do to become more effective communicators.  I always have fun talking to Ward so tune in and join in the fun.  Oh, and as an added bonus, we’ll hear all about his latest book, due out soon.

Albert Einstein is credited with saying, “The definition of insanity is doing the same thing over and over again and expecting different results”.  Whether Einstein said it or not is debatable but what is certain is that the quote is common sense.  Yet for some reason we insist on doing the same thing over and over and over again, convincing ourselves that this time it will work.  THIS time the results will be different.  And yet again, we are disappointed and frustrated.  This is especially true when it comes to “fixing” all the problems with residential associations.  We believe that one more law requiring or prohibiting something will drastically alter the failing HOA system.  But all those statutes do little other than complicate and compound the problems.  Maybe it is time to start thinking outside the box and looking at different “solutions” – different ways of protecting homeowner assets and rights.

Caroline Douglas joins us On The Commons.  Caroline is passionate about the Law, a subject she loves and is always willing to talk about and share thoughts and ideas with us.  This week we brainstorm ideas that would allow homeowners to get what it is they want most, the right to be left alone and to enjoy the peace and sanctity of their own homes.  We explore the possibility of taking the fight to a different arena and using a different battle cry.  We learn about potential rights and remedies.  Tune in for an idea packed hour of ways to stop doing the same thing over and over and over again and expecting different results.

Tell us your stories  in your own words