Category Archives: 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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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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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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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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David Kahn

Over the years, there have been many of us involved with trying to understand why we have mandatory membership HOAs, whether or not they serve a purpose.  And we have spent many hours discussing where they serve a purpose.  Here is what we discovered: the sole purpose is for the municipal government to collect free tax dollars.  Check it out for yourself; You have an HOA that provides you with trash removal. Snow removal, if needed, street lighting, street repairs, and other minor tweaks as necessary.  So we all paid our assessments to the HOA, trash and snow have been removed, and street lighting has been provided. All of this was done by the HOA.  And then we got our bills for property taxes.  

Property taxes?  What on earth for?  In Virginia, those of us in Fairfax County got even more outrageous news. The county government discovered they had a huge surplus of funds. After giving it very serious consideration, the board decided they worked really hard and deserved a huge raise.  I cannot believe that abuse.  “They worked really hard!” What about all the mothers who worked full-time and part-time jobs to make enough money to feed their children? I would have greatly respected them had they decided not to tax their constituents, as they did not need additional funds.  Their avarice and greed have to stop.

I look forward to having David Kahn join us again to look at the many other ways we can trim the costs associated with HOAs and bring the insanity associated with the HOAs down to a minimum.  We do not deserve to be gouged needlessly.  Stay tuned, I look forward to these discussions.  I would love to hear from all of you; you can email me at Shu1@Cox.net. I’ll share them with David and all of you on this website,

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Frank Short

Housing consumers are advised to do their due diligence, to read the governing documents of the HOA, before buying a unit in an association controlled development.  In fact some states have disclosure laws requiring sellers to provide these documents. Are housing consumers being given a false sense of security?  What happens the next time the legislature convenes to introduce new laws? 
 
Joining us On The Commons is Frank Short with our annual St. Patrick’s Day round up of the latest in HOA land.    Frank is an attorney, an owner and a long time advocate for homeowner rights.  We’ll talk about proposed legislation in Virginia, the good, the bad and the ugly and the legislators who sponsored the bills. 

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Shu Bartholomew

Have you ever wondered why, when no one wants to live in a homeowners association, one does? The reason is straightforward: although housing consumers specifically tell their realtors that they do NOT want to live in an HOA, that is all that is available. I talked to builders who told me the local municipal government required them to create a HOA. When I asked my representative, she said that was false; the county did not require HOAs. When I asked the people who handle the paperwork, they said yes, the county requires them.

If you want the truth, go to the workers. That was my experience in Fairfax County when I first started digging out the truth. Nothing has changed in ALL these years. Nobody likes or wants HOAs, and nobody believes they protect property values, yet they don’t have a choice.

So why are they forcing HOAs on housing consumers? Tune in to the show and find out why, in the supposedly most accessible country in the world, Americans are not allowed to own a house unencumbered by a mandatory membership homeowner association.

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Shu Bartholomew

There is a difference between a house and a home.  A house is little more than an empty box, But you make that house a home.  Your home is no longer 4 walls and a door but it is a place that reflects who you you are.  When you walk in you get a sense of the people who live there. 

Don’t let others strip you of your personality.  Home Owner Associations have a tendency to strip you of your right to use the colors and the items you like.  These are all things that define you.  

HOAs started the ball rolling, There have been many reports of ridiculous rules over the years.  Now that mania seems to be houses with no personality in other words with absolutely nothing in them. Don’t let anyone strip you of who you are and what you are.  Cherish your heirlooms.  Your house is made of items you have chosen, bought, and lovingly displayed in your home.  

It also includes items you were given by your loved ones or handed down by your loved ones.  These are objects that should be cherished that will give you joy every time you see them and use them.  They will bring you many memories.  Cherish them, protect them, use them love them. Tell your friends and family what they mean to you.  They all make you who you are.  Protect them, use them, talk about them, and by all means, be proud of who you are and what you have that made you who you are.  People who worship empty spaces are empty people. Four walls and a door define who they are.   

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Bill Davis

I have concluded that the only real “fix” for HOAs is to ban them.   The concept of an HOA is being forced onto housing consumers against their will.  When they meet with a realtor, they tell me that they stipulated NO HOA but found themselves looking at a house in an HOA because there was nothing else available. 

Join us as Bill, and I talk about this forced housing arrangement.  Like it or not, someone will be watching over your every move.  This has led to very sad and tragic situations.  Ban them, we say, you can’t fix them!

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Shu Bartholomew

To say that mandatory membership homeowners associations in the US were an unpleasant shock when I came to America would be the understatement of the decade because I had been led to believe that “Everything” in America was supposed to be so much better. And freer than everything in the rest of the world.  

However, all I have found in HOAs here in the US are abuses and heart-wrenching horror stories.  In all the years I have been involved with HOAs, people have been looking for FIXES.  There have been many suggested fixes; however, none of them even came close to addressing the underlying problems.   I finally realized, after all these years, that the only real and permanent fix for HOAs is to ban them.  I do believe that they need to be banned!  Nobody wants them and the Government mandates them in order to sell them.  Whatever happened to the concept of giving the consumer what the consumer wants?  People want a house in a certain school district, with easy access to their jobs or hospitals and with enough space to accommodate their needs.

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