How can your HOA screw thee, let us count the ways
They can screw thee to the breadth and depth and height
Theirsouls can reach….
With apologies to Elizabeth Barrett Browning
Just when I think I have heard it all, just when I can’t imagine any more shady and ridiculous behavior, HOAs get creative and come up with more ways to circumvent decency and fair play and get what they want.
Joining us On The Commons this week we have David Kahne. David is a Texas attorney who, as part of his practice, represents homeowners embroiled in legal battles with their HOAs. He has also been a strong advocate for legislative change to protect the rights of homeowners. We will talk about some of the issues Texas homeowners are facing, hear just a little bit about some really outrageous behavior by boards and the professionals who advise them and talk about possible ways to prevent some of the more heinous behavior. Tune in and you’ll be scratching your head wondering if you have heard it all or if someone is designing yet another way “to screw thee”.
Have you noticed how residential America is being changed by design? Older single family homes that seemed to leap out of Norman Rockwell paintings, homes that symbolized the American Dream, are being torn down. Even parking lots are now home to towers designed to house hundreds of people. Things that were iconic Americana are being replaced by higher density housing. Are cramped concrete jungles the way of the future?
Joining us On The Commons this week we have Bill Davis. Bill is an attorney in Texas who, having been through litigation protecting his rights is now representing other homeowners. He is also a commentator on many online forums so has his finger on the pulse of what is going on in involuntary membership organizations. Join us as we talk about the trends and how we are changing the face of residential America – by design.
It is no secret that life in an involuntary membership corporation is anything but serene and calm and it certainly is not fair. In fact homeowners more often than not find themselves alone when in a conflict with the association. The laws are tilted very heavily in favor of the association and the association usually gets away with unbelievable abuses. But what if some of the laws were more consumer friendly? What if there were laws that actually regulated some of the abuses, heavy handed tactics and bad behavior that is so common? What will it take to get some of these laws enacted?
Joining us On The Commons this week we have Marjorie Murray. Marjorie is the Founder and President of the Center for California Homeowner Association Law. She maintains an excellent web site at www.calhomelaw.org We’ll talk about the legislation members of her organization and the partnerships they formed managed to get enacted. We will also learn how these consumer friendly laws are altering the outcome of controlled housing in the California courts. We’ll also get some tips on how to lobby successfully in our own states.
After half a century of mass produced involuntary membership associations, the ignorance still surrounding them is quite astounding. The lack of knowledge about the product of both the professional and voluntary leaders and apparent lack of buy-in from the consumers is turning residential America into a disaster. A disaster that has dire and far reaching consequences for the future of the country.
While mandated by local municipalities for their own financial gain and supposedly regulated by state statutes, the instruction manual accompanying this housing catastrophe is being written by every Tom, Dick and Harry who feels like chipping in their two cents worth.
What is the answer? Full steam ahead as we have been going until we end up in a heap somewhere down the road?
Joining us On The Commons this week we have Ole Madsen. Ole lives in North Carolina where he started an organization called HEAR4NC which stands for Homeowners for Education, Advocacy and Rights for North Carolina. Ole is the president, CEO and only voting member of the corporation with an appointed advisory committee. Ole recognized the need for education and changes in involuntary membership corporations about 18 months ago, so he and his fellow HEAR4NC members have set up open meetings around the state to meet with homeowners and share their knowledge and expertise. We’ll talk about the meetings and learn a little more about the monthly meetings.
Playing, building, running, climbing, imagining, creating and having fun was part of everyone’s childhood. In the process we got exercise, learned new skills, bonded with parents and grandparents, played with friends and built things. Isn’t that what being a child is all about? But in the brave new controlled residential world that has taken over traditional neighborhoods, we value elusive property values over a child’s health and wellbeing. We willingly trade in their ability to run and play and have fun in exchange for a “neat and tidy” backyard that is not usually visible.
How will we pay for this new lifestyle where rules and a blade of grass are more important than our children?
“Sooner or later everyone sits down to a banquet of consequences”. -Robert Louis Stevenson
We are joined On The Commons by Nick Leggett . Nick is a HAM and an inventor who owns several patents for his inventions. He attributes his creativity, curiosity and skills to building things with his Dad in their backyard. He called it a “safe adventure”. In fact those adventures are among his favorite memories. Join us as we talk about what it must be like for kids in today’s housing and wonder what the impact of this will be for our future.
What’s in a name? A rose by any other would smell as sweet. Was Shakespeare right or does a name, or a word, make a difference? How important is it to use the proper terminology to get your point across? How well should the words used answer a question you ask? Can words be interchangeable while still delivering a clear message? If the bard was right, would dandelion be a good substitute for a rose?
Joining us On The Commons this week is Bill Davis. Bill is an attorney in Texas who has been involved with controlled dwelling units for many years and for a long time has been telling me we need to start using proper terminology. He is right and that point was made quite clear to me recently. OMG, it’s an IMC. You’ll just have to tune in to find out what that is all about.
Over the years Americans have been told that involuntary membership residential associations protected values. People believed it and were willing to give up rights they normally had in exchange for the promise of higher values. Gradually associations controlled more and more aspects of the units. Is there a line that should not be crossed or will associations be allowed to control every aspect of an owner’s life?
Joining us On The Commons this week is Stephen Marcus. Steve is an attorney in Massachusetts who represents condominiums. On his firm’s web page there is a write up of a Maine Supreme Court decision about a condo’s smoking ban in private units. I wondered if there was a line associations wouldn’t cross so I asked Steve to join us and talk about it. Tune in to hear what he has to say and where my question led us.
While it is common knowledge that many people do not like involuntary membership residential associations they nonetheless believe they are a necessary evil. For years we have been told that HOAs “Protect property values”. That’s about as bogus as the notion of “if it hurts it has to be good for you”.
Joining us On The Commons this week is Nila Ridings. Nila’s father had warned her about HOAs and had advised her to never buy a unit in one. She learned the hard way why he was no fan of them. Join us as she debunks the myth of protecting property values, strips the top layer off the outer shell of the units to expose the crumbling structure of “common” housing and tells us what it took to codify a homeowner bill of rights in Kansas.
Buying real estate is an emotional purchase. People fall in love with the house, the furniture, a feeling, the smell of brownies baking in the oven, a view or the potential the plot has. The sad part is that if that purchase is in an involuntary membership association it comes with extra fees, hidden costs and lots of traps for the uninitiated. The glossy brochures or the real estate sales people never tell you that the sparkling pool that looks so refreshing and inviting could cost you your house. Or that the rose bush you plan on planting in YOUR front yard could land you in court.
And when you discover that you ended up with a lot more than you bargained for, what do you do? Where do you go for the answers?
Joining us On The Commons this week is Shelly Marshall. Shelly owns a house in a rural recreational association in Utah. When some of the full time residents decided to change the rules and the feel of the neighborhood they did not expect Shelly and her neighbors to object. But object they did. They got organized, learned everything they could about associations, laws, documents and how to work as a team. When it was all over with, Shelly wrote an e- book, called HOA WARRIOR and she maintains a blog at hoawarrior.com. Everyone out there, wondering where to turn and what to do next, tune in to the show, check out her website and read her book.
The stories vary little and over time have become predictable. The same words are used over and over again when talking about life in an HOA. Fear, harassment, fines, threats, abuse, vandalism. Over the last four or five decades, America’s residential neighborhoods have been transformed from tidy, happy communities into places of terror. Places where individuality, personal expression and personal freedom have given way to war zones. Far from the love affair Americans allegedly have with their HOAs, the truth is homeowners say they hate their HOAs.
And with very good reason.
Joining us On The Commons this week is Dr. Robin Huhn. Robin lives in Las Vegas, Nevada. Like many homeowners, she has experienced firsthand what it feels like to be caught in the cross hairs of the neighborhood bullies. She is currently on the board of her association and shares with us her experiences as a homeowner, a board member and an advocate for the owners. We will hear about some of the calls and emails she gets and will learn what life is like when one finds oneself living in a house that has been targeted. My guess is that many of my listeners will understand exactly what she is talking about.
