Construction Defects

Vicki MacHale

The song, “Both sides now” has been on my mind a lot since talking to my guest.   Reading the lyrics, I understand why.  The lyrics pretty much sum up the gist of this interview.  I always find it interesting that when it comes to housing, two people can look at the same problems and issues and come with a different point of view, sort of like the lyrics in the song that keeps playing over and over in my mind.  Angel hair, ice cream castles and feather canyons are in the clouds but then the clouds only block the sun and rain and snow on everyone.  Maybe it is time to look at condos and HOAs from “both sides now”.

Vicki MacHale  joins us On The Commons.  Vicki is the co-owner of Ark Management in California with 23 years experience under her belt.  She has seen lots of clouds, especially when it comes to the way HOAs and condos are managed and has written about her thoughts and observations.  In a recent article titled Emissaries of Change    She has also written a letter to Governor Jerry Brown about her concerns for underfunded associations  and the largely inadequate legislation that is mainly a knee jerk  reaction to a headline grabbing incident. Vicki and I both agree on the problems and the issues but we do tend to look at “both sides” in this interview.  I learned some things from my chat with Vicki and believe it is time for all concerned to come together and look at “both sides now”.

Maintenance or Shoddy Construction?

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Chinese Drywall

Michelle Germano

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20160521germanoI always believed that the government’s job was to protect its citizens.  But, just like HOAs protecting property values, that too appears to be a misconception.  Maybe the government’s real goal always was self aggrandizement and self enrichment hidden under layers of feigned caring. Perhaps I am only now beginning to realize that or maybe the corruption and gross government misconduct has reached new heights that it is no longer possible to sweep their misdeeds under the rug and pretend they don’t exist.  Or has their callousness reached new heights?  Surely, when presented with evidence that their constituents are being physically harmed, they would at least listen and take steps to ensure their safety.  

Wouldn’t they?

Michelle Germano joins us On The Commons.  Michelle is the lead plaintiff in the Chinese drywall class action lawsuit.  Michelle bought her dream home – a brand new townhouse in a brand new development where she planned to live and work.  It wasn’t long after she moved in that things started going terribly wrong.  Appliances stopped working, electrical wires disintegrated, her house had a horrible odor that she couldn’t get rid of, her dog got sick and she got sick.  She found out that her neighbors were also getting sick.  Following a lot of sleuthing, she discovered the source of her ailments – Chinese drywall.  She tried to enlist the help of her representatives, both at the state and the Federal levels.  No one was interested!  After repeated attempts to get Virginia legislators involved she received a call advising her to give up because  the “condo lobby”  (read CAI) owned condo legislation.  Nobody in DC even bothered to respond.  In a no holds barred, frank, detailed and emotional interview, Michelle takes us on a roller coaster ride of her life with Chines drywall, her condo association and the legislators elected to represent us.  

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Elder Abuse

Caroline Douglas

Carolyn Douglas

Elder abuse is alive and well in America, either Miss Manners didn’t do a good enough job teaching us the finer skills of manners and respect or we are ignoring them believing they are old-fashioned and therefore best forgotten. But I simply can’t forget or overlook today’s story. I was so infuriated and outraged when I got a call from a friend who lives in a retirement community. It is hard to find much that differs from a homeowners association that we typically deal with here except that they seem to be more expensive and more intrusive and as I discovered more abusive. I know, it is difficult to believe.

AS I listened to my friend, I had images of a college dorm room, not an apartment where one can enjoy the privacy of a personal home, which is what these places are supposed to be. Oh, did I mention they are NOT cheap? I got a call from my friend, very upset because she had been given about three weeks to find another home, she was being evicted. Why was she being evicted? It seems harsh to have an employee decide to strip you of your home with no oversight, no insuring that her Constitutional rights were protected, none of that. There was an incident where a member of the staff showed up and without my friend’s permission stuck a cell phone in her face and started taking pictures of her because her mask was not on her face according to the home’s standards. Considering she had a glass of water in her hand that she was drinking that is not surprising. When this woman with her cell phone appeared in her private space, taking photos and videos, my friend did what any one of us would do when someone invades our private space, we pushed them away. Not sure any reader would just stand there and smile for the camera and allow this to happen to them, at least I certainly hope not. An unintended consequence of all this was that the water in the glass gave our sneaky photographer a shower. Of course, the “bad guy” in all of this has to be my friend, and absolutely no mention is ever made of the employee who started this whole thing. I wonder why? What really, really infuriated me was when the ED told my friend to go to her room and stay there. She was not allowed to go in the common areas, or to breakfast, lunch, and dinner, she had to stay in her room until she left in 3 weeks’ time. Her meals would be sent to her. That is a total violation of her Constitutional rights and is elder abuse. And this woman is in charge of a retirement home?

Caroline Douglas joins us On The Commons. Caroline had the same gut reaction to this story as I did when I told her. Although Caroline is a non-practicing attorney she has a law degree, she remembers the Constitutional protections very well and reaffirms my beliefs and Gut reactions. Tune in and make sure your loved ones don’t fall into the same house of horrors.

Listen to Caroline Douglas
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Uncategorized

Ward Lucas

Ward

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.

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HOA Syndrome

Dr. Gary Solomon

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Dr. Gary Solomon

We have all heard horror stories coming out of mandatory membership housing associations. Anything from citations for totally idiotic issues like having dust on the roof — what idiot would think of something like that? But believe it or not, that is an actual “violation.” Of course, the worst ones are when the association fines a member for insane alleged violations and eventually forecloses to take a member’s home away from them. Who will ever forget Wenonah Blevins? Wenonah, the 80-year old widow who, along with her cat, was evicted out of her mortgage-free house and left homeless. The stories are real–they shock and horrify us and grab headlines across the world. “Does that happen in America? I thought you were supposed to be a civilized nation?” Again, an actual conversation I had overseas. But there is a lot more to this. How does this affect us physically, and how about our health?.

Dr. Gary Solomon, a retired psychology professor, joins us On The Commons. Dr. Solomon has studied the effects HOAs have on the homeowners subjected to them and wrote some incredible books and articles about the emotional and physical impact HOA abuses and horrors can have. To better understand what is happening to us, read HOA Syndrome and HOA Crisis. In the meantime, please tune in and listen to him.

Listen to Dr. Solomon

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History of HOAs

Lincoln Cummings

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Lincoln Cummings
This interview was recorded and broadcast earlier.   

Byron Hanke is largely credited with being the grandfather of what we often refer to as “homeowner associations”.  But this concept of homeownership includes condominiums, co-ooperatives as well as fee simple single family homes.  As I started looking at the bigger picture of HOAs, I wondered about the origins of the concept.  I called Byron Hanke several times and talked to him on the phone.  He never agreed to be interviewed but was generous with his time when it came to talking one on one.  In October of 1999 I got a call from Lincoln Cummins, one of the three founders of CAI and its second President, inviting me to a summit to be held at at Anne and Byron’s house in a place called “Scientists Cliffs” in Maryland.  Scientists Cliffs served as a model for HOAs. 

Lincoln Cummings joins us On The Commons this week.  Linc has been involved from the very beginning so has a unique perspective.  He takes us on a trip down memory lane to the very early days of association housing,  introduces us to the people involved and talks a little about the thoughts and plans they had.  We’ll find out whether or not their ideas materialized as imagined or whether some things went astray.  We’ll also ask Linc, hindsight being 20/20, if he could go back to the very beginning, would he do anything differently.  
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Abuse, Property Rights, Stress

Bill Davis

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20161029davis1

One of the most oft cited benefits of living in the US has always been the right to own property.  Having a roof over one’s head and being able to provide a safe and happy home for one’s family has been referred to as the American Dream.  Imagine, a house in the middle of a yard, surrounded by a lush green lawn, fruit trees, flowers and room to play with the kids, grandkids and pets.  It doesn’t get much better than that! 

So when and how did the dream go so very wrong?  When did it become such a nightmare?  When did the homeowner stop being the architect of his property, the pilot of her own destiny, the author of his or her story?  And when did she or he become the hunted and the target in this insane war in the neighborhood?  What is happening in our residential developments is sounding the death knell for what some believe to have been a greatest experiment in freedom.

Bill Davis joins us On The Commons.  Bill, an attorney in Texas, defends homeowners caught in the middle of the insanity that seems to have become very much part and parcel of “living the American Dream”.  He knows and understands the legal structure of deed restricted developments but more importantly he also knows their limits.  Join us as we discuss some of the torture tactics used to bully a homeowner and the far reaching consequences of the actions of these abuses.  We also hear the incredible facts in one case that highlights what can happen when neighborhood thugs are given unfettered power to browbeat and bully a neighbor.  

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Infrastructure

Julio Robaina

Julio Robaina

A common occurrence for newly elected legislators is requesting help from their constituents who are homeowners in mandatory membership Homeowner associations. The stories they hear seem unreal and they have no idea where or how to start or even whether any of it is true. Several years ago one such legislator, Representative JULIO Robaina of FLORIDA set up meetings across Florida, went around the state, and met with the owners to find out what the problems were. The stories he heard repeatedly were the same stories I heard from people around the country. He would then join us On The Commons and tell us about the abuses that were going on. With first-hand information about the issues and ideas from the owners themselves, he sponsored the legislation, which some passed only to be canceled later on but, not all of it. And here we are, years later, the same stories, and abuses continue. At the request of the current legislators, Julio helped draft legislation for this year that was completely ignored by the sitting legislators. This year the focus was on the Surfside condo collapse and how to prevent it from happening again. So once again, nothing will happen.

there will be no real relief for the owners and the people who benefit from this dysfunctional housing concept continue to gain, with no oversight from the government that allows it to continue.

Julio Robaina joins us On the Commons. Please tune in to learn how He is keeping his promise to protect the homeowners.

Listen to Julio Robaina
Surfside condominium collapse photo from Miami-Dade Fire Rescue 1.jpg. This work was created by a government unit of the U.S. state of Florida. It is a public record that was not created by an agency which state law has allowed to claim copyright and is therefore in the public domain in the United States.

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Abuse, The Big Lie

Nyla Ridings

Nyla Ridings

I realize that the hardest lessons to learn are the ones we have not experienced personally. I doubt that anyone will make you perceive
that better than our guest on today’s show.

Nyla Ridings joins us On The Commons this week. I Have said this before and will repeat it, I have never had a problem with my HOA, so I have no personal experience with what it is like being targeted. Having grown up overseas, where all I ever heard was how much freer people in the US were, I was horrified by the restrictions HOAs inflict on the owners of homes in the US. How can that possibly be? Never in my entire life had anyone dared to assert the right to decide what color your shades could be. The sheer gall of it! You have all heard the daily atrocities in American housing, so I won’t go into it here but urge you to tune in to On The Commons and listen to Nyla. Hers is a baptism by fire.

All I can tell you is that Nyla had every reason to turn and run as fast as she could when she was shown a house in an HOA. Her father, a builder/developer had warned her to NEVER, EVER buy in an HOA. She did and now understands her father’s advice. She has spent a lot of time trying to warn people who have reached out to her for help once they got caught in their HOA nightmares. Listen to Nila and save yourselves a lot of heartaches. Nyla speaks from personal experience.

Listen to Nyla Ridings

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Words Have Meaning, Words Have Meaning

Bill Davis

A good idea doesn’t need a massive support system, nor does it require all sorts of strong-arming to hold it up, but for some reason, HOAs can’t seem to stand on their own. We seem to run into more ways of forcing homeowners into accepting all the intrusive rules from nonowners. Why is that? If the concept of HOAs is so fantastic, wouldn’t you expect it to b able to stand on its own without having to be propped up? I have been baffled for ages, but I am not the only one.

Bill Davis, a Texas attorney who represents homeowners who are having problems with their Texas HOAs, joins us On The Commons. Bill and I have had this conversation online for a long time. Why do we call them Associations? Good question. Words have meaning. The words used to describe associations should reflect what the association is. We also have questions relating to our favorite topic. Do we need legislation propping up restrictions on private property? What has become of the notion that a man’s home is his castle? Are we also throwing the idea of the American dream down to the gutter? Is it time to return private property to private ownership?

Listen to Bill Davis
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News and Views About Homeowner Associations