“I bet you have never heard this one, Shu.  Let me tell you what my HOA is doing to me. ”  

Welcome to housing American style because as shocked as they are when they reach out to me, their story is not as uncommon as they think.  

Even though I thought I had heard it all, a few years ago one listener from Florida managed to educate me on just how bad things really are. She was a single mother of an infant who was being forced out of the condo she owned. Yes she would get paid less than market value for it and what she would get was nowhere near enough to help her find another home.   In essence, she and her baby were on their way to being homeless.  She introduced me to the practice of condo terminations and bulk buyers to explain how this was being done.  

John Cowherd joins me  On The Commons .  John, a frequent guest On The Commons, is an attorney in Northern Virginia who represents the homeowners in litigation and disputes against their residential and commercial associations.  He also maintains a blog called  Words of Conveyance    I am always grateful to John for keeping me in the loop of what is going on in the courts as well as the legislature in Virginia and for coming on to inform our listeners about it all.  We talk to John about HB 1548, a Virginia bill introduced and sponsored by Delegate Marcus R. Simon.  This bill  appears to be flying through all the committees and chambers in Richmond, on its way  to becoming law much too quickly. What this law would do is strip the owners of rights and protections they have as condo owners making it so much easier for developers and investors to profit financially, leaving them much poorer than they were before getting involved in a condo.  So much for protecting property values.  As my mother always said, “If it sounds too good to be true, it probably is.”  

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Every year lobbyists for the HOA industry present legislators with proposed legislation designed to increase the powers of homeowner and condo associations.  The lobbyists often claim they are there at the request of the owners who actually want this new law.  How many of the legislators actually believe these canards is a mystery.  With some of the provisions in these bills you’d have to wonder why any sane owner would even contemplate such laws.  Maybe many of the our lawmakers don’t stop to consider what these bills would actually mean if passed.  Could it be they don’t understand what they are carrying?

Frank Short joins us On The Commons.  Ever since our very first mid March show we have had a  St Patrick’s day edition where Frank has done a roundup of all the proposed legislation in Virginia.  This year is no exception.  We will find out what the managers and attorneys representing associations are dreaming about and how they propose to relieve the owners of more rights.  Frank talks about the wording of some of these bills and explains how, if signed into law by the governor, they would take away a right that the owners have.  Tune in, compare our bills to some proposed in your state and compare the language.  To access the Virginia bills check out Richmond Sunlight. 

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Every year, for as long as I can remember, homeowners have gathered to talk about the problems and the issues they face in their HOA governed homes and developments.  Invariably they debate potential legislation they believe would Provide for a fair and balanced playing field.  And over the years more and more laws are added to the books in all the states.  Sometimes they succeed – for a little while – but usually they are back the following legislative session, still trying to fix the never ending problems and abuses.  I have long believed there has to be a better way and that Americans are entitled to live peacefully in their own homes.  Maybe it is time to think outside the box and try something different.

David Kahne joins us On The Commons.  David, an attorney in Houston, Texas, is one of a handful of attorneys nationwide who understands HOA laws and does represent owners against their HOAs. He has worked on a legislative agenda for Texas for as long as I have known him. This year is no exception.  We talk to David about some of the items on his legislative agenda,  some of the issues he believes need to be addressed to even out the balance of power and give the owner a fighting chance.  We talk about fines and foreclosures and legal fees.  We touch on many issues, including whether some of the legislative agenda could, or should, be tackled at the Federal level.  And we barely scratched the surface of what should be done to return full ownership and sovereignty of our homes to their rightful owners. 

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I hear from so many people who tell me they will NEVER, EVER buy in an HOA again.  NOT EVER!!!  However, finding a good old fashioned, stand alone house with no strings attached, no extra layer of government and no financial liability in case of mismanagement or other misdeeds, is getting to be as hard as finding a needle in a haystack in many parts of the country.  Residential associations are such a lucrative business for local municipal governments who mandate them, developers who build them and lets not forget the special interests who milk them for all they’re worth.  And the owners pay for all the junked up add ons to what was once respected as a private castle.  And hammering in the final nail is your state representative.  He or she has been bought and paid for by special interests.

Jan Bergemann joins us On The Commons.  Jan is the founder and president of the Florida based Cyber Citizens for Justice.  Jan has worked tirelessly for years trying to get legislation enacted to protect the rights of home and condo owners in Florida.  With every homeowner friendly bill it has been a case of one step forward and several backward.  This year is no exception.  We’ll talk to Jan about one bill in particular that would allow HOAs to LEGALLY operate under cover of darkness.  Really. We scratch our heads, wondering about the utter insanity of it all and ask why we allow it?  Why are homeowners and citizens allowing the tail to wag the dog?  When are we going to be able to differentiate between the truth and all the lies and when are we going to realize that we also have a voice in this game?

We are told that homeowner associations are here to stay. I am not convinced that is the case. However, until we come to terms with the fact that what we  are dealing with is a flawed concept, one that goes against everything we hold dear, we will stubbornly insist on trying to  make them work.  The fact that after a half century of fiddling with the legal structure, proposing bills to either try to make them more owner friendly or empower them even more, all we seem to accomplish is to create an even bigger headache for ourselves at a much greater expense.  

Frank Short joins us On the Commons for his annual St. Patrick’s Day round up of Virginia homeowner and condo association bills.  There were loads of them this year.  Some were proposed legislative fixes inspired by, or requested by  angry or wronged owners  and introduced by helpful legislators while many others seek to increase the powers of the associations. Whether any of the owner friendly bills would actually fix many of the major problems that plague these mandatory membership residential associations is doubtful.  We’ll talk about the bills, what they would, or could have done. But at the end of the day, we never really address the need for so many laws to prop up a really bad idea instead of asking whether there is any value in the HOA concept for the owners. Maybe one day we’ll actually get there. 

The Virginia State Capitol Richmond, Virginia

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