Property Rights

Mike Pugh

I have never bought into the notion that Home Owner Associations are a necessity for any dwelling especially if it is free standing.  And I am not sure you can convince me that there is any value added even in a high rise situation.  Oh, I can hear the gasps out there!  Take a deep breath!  There certainly is no reason at all in a development where all the lots are measured in acres instead of inches, as they seem to be these days.  All right, I exaggerate, maybe not inches but certainly feet. Probably the worst aspect of the current residential association model is the governance.  It creates two classes of “neighbors” where some neighbors have authority over others.  This in turn ensures that there will always be some form of conflict that provides lots of opportunities to enrich the legal profession.  

Michael Pugh joins us On The Commons. Many years ago, Mike and his wife bought a large house on almost 6 acres of land in Virginia.  And yes, there is a mandatory membership HOA.  I suspect that is due to municipal mandates because there really is no rhyme or reason for imposing yet another layer of government on the residents.  In fact there is every reason in the world not to have one.  On the back 2 acres of the Pugh property that butts on to Tranquility Road, the developer put in a meadow.  A little bit of nature before man interfered with it.  For the last 27 years those 2 acres have been maintained as a meadow where the wildflowers grow and provide a refuge for the animals and insects and where the monarch butterflies are protected.  It is indeed a tranquil haven, and had been until the HOA reared its ugly head and demanded that the meadow, that is only visible from the Pugh’s property, be mowed down.  This battle, sadly, is headed to court.  The Pughs are determined to protect their property rights, their meadow and the beautiful monarch butterflies that return to their meadow every year.  And in case you are wondering, no, there is nothing in the governing documents prohibiting the meadow. It has always been there.  And with a little luck and some common sense, it always will be.

The local paper did a story on the Pughs and their meadow called Meadow Must Go Says HOA.  Doesn’t that say it all? There is also a video  of the meadow in all its glory that you will want to watch.  

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Property Rights, Property Values

Bill Davis

1 Comment

Homeownership is not a new idea, it has been around a long time.  For ages people have saved their money/got a mortgage bought a house and lived happily ever after.  When did this sensible concept get replaced and why did we have to make such a complicated mess out of an otherwise simple and easy to understand part of life?  Who benefits?  Certainly not the housing consumers.  And what exactly are we paying for when we fall in love with that perfect house and put our lifesavings on the table to buy the house?  How much is that dream home REALLY costing us?  Are we given a full break down of the costs, now and in the future?  If not, should we be told before we turn our pockets inside out to get the keys to the house?

Bill Davis joins us On The Commons.  Bill, a Texas attorney and one of only a handful of attorneys nationwide, who represents homeowners and consumers at odds with their HOAs.   A frequent guest, Bill has an uncanny ability to get to the  bottom of the problem and shed a slightly different light on issues that most of us have never thought about.  We talk to Bill about how our understanding of property values, that carrot that is dangled in front of every homeowner to get them to give up rights, has changed the way we see property, property rights and property values.  Concepts once easily understood but now ” subject to interpretation”.  We also talk about true costs of buying a home and identify some of the hidden costs and how they affect our ongoing financial outlay. We have a lot of questions, a few answers and a piece of advice:  “take off those rose colored glasses and get to the bottom of this housing mess”.    

Dangling a carrot in front of homeowners to force them to give up their rights.

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Property Ownership, Property Rights

Bobbie Goolsby

Individual freedom, along with personal and private property rights have been eroding gradually over the last few decades. This is especially true for homeowners in mandatory membership residential associations.  What is particularly galling about all this is that homeowners are told they knowingly and willingly gave up these rights – they ” agreed” and some go so far as to add “so stop your wining!”  This is a total misrepresentation of the facts.  No sane person in the world would agree to subject themselves to double taxation and the unfettered abuses of an industry gone wild.  The harm that can be done to families, the health and welfare of the citizens and especially the children living in HOAs can easily be demonstrated by this story.

Bobbie Goolsby joins us On The Commons.  Bobbie, a loving grandmother bought her granddaughter, Emma, now 6 years old, a pink playhouse.  This playhouse is Emma’s safe space, it is her world.  It is where she goes to feel safe, to get her therapy, to relax, to unwind and to mend and try to get better.  It is what every home should be.  This is something Emma understands.  It is a concept that the neighborhood HOA does not appear to understand.  Calling it a “metal shed” they demand it be removed immediately or face a court battle.  This, despite the fact that the homeowners were assured, BEFORE buying their home, that the playhouse would not be a problem.

In a candid and heartfelt interview Bobbie tells us about Emma and how they almost lost her.  What she means to the family and the joy this precious, friendly and outgoing child brings them.

Again, I have to ask myself, why do we need HOAs?

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Double Taxation, Political Process

Donna Fossum

There is much to ponder in this interview

Residential America has changed dramatically over the last 50 years.  Gone are the days when housing consumers bought a house or a plot of land and were lords of their mansions, kings or queens of their castles, where their word was law – within the confines of their property, of course.  Increasingly living in residential America is more complicated, more restrictive and more expensive.  Do American homeowners know and understand how and why their lives and homes have changed?

Donna Fossum joins us On The Commons.  Donna is an attorney, a long time resident and condo owner in the City of Alexandria, Virginia.  She was a senior policy analyst at the Rand Corporation, a former member of the Alexandria Planning Commission and a one time candidate for City Council.  Donna, with her analytical background, has written the most comprehensive and complete report on the changing residential communities. After a lot of research, Donna discovers what is essentially two cities in one, divided more or less equally by the east side and the west side of the City of Alexandria.

She explains how this shift resulted in double taxation for approximately half of the homeowners in Alexandria.  But probably one of the most eye opening discoveries she made was the differences in the political process and participation by the citizens of the two different halves of the city.  Tune in and hear her talk about all the issues that significantly affect the way we live in America today and read her report,  Fossum Files .  While her research and analysis centered on Alexandria, the same issues and resulting problems exist across the country.

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Abuse, Litigation, Mismanagement

Nila Ridings

I keep thinking that there really must be a breaking point.  A point where American housing consumers start digging a little deeper and looking beyond the frills and the pretty upgrades in a house they are considering buying. I hope they start looking for construction inspection reports (if such a thing exists and if not it might be a good idea to turn around and RUN as far away as possible).  They should also find out whether or not there is a mandatory, involuntary membership requirement in a homeowners association.  An upgraded backsplash in the kitchen is not going to make up for a house that is poorly constructed, starts falling down around them and is run and managed by people they would be better off never having met.  The quality of their lives in such a place could very well become material for a horror story.

But, you think, the courts are always there to sort it all out, aren’t they?  Tune in.  It is time to take those rose colored glasses off and take steps to prevent yourself from getting trapped in a real live horror movie.  

Nila Ridings joins us On The Commons.  Nila could be the poster child for what happens when the HOA seemingly has a personal vendetta against a member.  Her story starts many years ago when her driveway started sinking and got lower than the garage floor, causing problems in her house.  There were other construction problems that the HOA chose not to replace on her property, citing inadequate funds as the reason.  Miraculously they found the money to make the repairs on other homes in the development.  He request for access to the financial records of the HOA was, predictably, denied even though this is a basic right of the members.  To understand the twists and turns in her story and the road that led to years worth of very costly litigation and the loss of her house, you will have to tune in and hear Nila explain it and then to find out that at the end of the day, she was even denied her day in court.  Over the years Nila has used the knowledge she has gained from her own battles to help others who find themselves in a war for their home, their rights and their sanity while fighting for her own home.  Her story might help you loosen your grip on those rose colored glasses you have.    

Nila’s sinking driveway – in the early days.

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Empowerment, Fighting Back

Wes Rocki

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.

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Uncategorized

Chuck Welsh

3 Comments

There is a huge difference between the way businesses and governments operate.  Businesses typically keep their eye on the bottom line and minimize unnecessary expenses.  If there is a cost effective way of doing something, they’ll find it and use it. Governments, on the other hand, only seem to care about the size of their departments.  The more staff they have, the greater their budgets and the higher their salaries. To help get to that point they rely on regulations, red tape and more staff to oversee useless rules.  And the money to pay for all this waste?  No worries, just raise taxes.  I knew all that so when I first encountered HOAs and was told that certain services were provided “privately” the only thing I found alarming was that the taxes were 3 times as high as they had been where  I had come from where everything was included, in fact the HOA assessments were higher than my property taxes had been.  

My long held beliefs about the efficiency and cost effectiveness of businesses began to unravel as I watched a “privatized government” at work.  These creations of the special interests enjoyed all the benefits of the unaccountable governments while masquerading as efficient businesses.  This new model was forced on owners in residential associations, be they condos, co-ops, HOAs or any of the newer concoctions that seem to creep into our daily vocabulary. It embodies all the worst characteristics of both businesses and governments.

Chuck Welsh joins us On The Commons. Chuck, an avid boater, a US Naval Officer for a number of years and a former developer bought a brand new pre-construction condo in a gated development in Florida. The design for the property came complete with plans for a marina.  The entire project sounded like it was designed with Chuck in mind.  A beautiful unit, amazing views, room for his boat and the promise of a carefree lifestyle with property values soaring through the roof.  Isn’t that what we are all promised?  Regular listeners and readers of this blog know that when it comes to housing in the US, things are never quite as smooth or problem free as one might expect.  Sadly that was the case with Chuck’s ideal condo.  All the elements of his dream home were there – in a dream – the problem was that the nightmares started when Chuck woke up.  We’ll talk to Chuck about what happened that led to 10 years of his life that was far from “carefree” and his condo – well, even with an upswing in property values, ended up costing him a lot of money, not to mention being dragged through the courts for four years.  And that private marina that was the icing on his cake?  Well, that didn’t work out so well either.  Tune in for all the details as well as a fascinating discussion on the future of privatized residential governments.  

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Covenants, Legal Boundaries

Kenneth Ditkowski

I seem to zip through life at breakneck speeds, taking most things for granted and never really thinking about the reason we do things any particular way.  Oh, once in a while I ask myself, “What were they ever thinking?” when I run into something a little strange.  However, when things are working well the farthest thought is to wonder why it works.  It is so much easier to start looking at things that don’t make sense and figure out how to improve it.  

And for a show whose sole focus is property rights, that was a little short sighted.  How can we protect ownership and rights without knowing how to properly define the property in question? That is one those things most of us have always taken for granted.  

Kenneth Ditkowsky joins us On The Commons.  Ken is an attorney in Chicago who, when he was fresh out of law school, full of self confidence and a can-do attitude found himself on the ground floor of redefining property boundaries and ultimately changing skylines in cities across the country. Maybe even the world?  We’ll talk to Ken about the Prudential Building, the first high rise in Chicago and the hundreds of pages of legal speak explaining the ownership structure.  Ken and his partner accepted the challenge and simplified it, reducing the document down to a more manageable size.  In the process they paved the way for high-rise residential buildings to be built and ultimately changing the face of the Chicago.  We’ll talk about all the things most of us take for granted and never give a second thought to.  We’ll learn about different ways to determine the legal boundaries of a piece of property and find out what happens when mother nature decides to ” shift” the things we take for granted.  I was spellbound as I listened to Ken.  Tune in for a fascinating show.

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Abuse, Foreclosures

Mary Ann Fordyce

4 Comments

Not too long ago a friend sent me a link for a video and recommended I watch it.  I did.  I was shocked and horrified when I realized I was looking at a homeowners’ association.  As far as I could see, there was no rhyme or reason to have an HOA in this bucolic part of the country.  I have since learned that the property owners in this otherwise peaceful setting each own hundreds of acres of land accessible by dirt roads.

We’ve allowed ourselves to be fooled into believing municipal governments just don’t have the money to provide the services real estate tax dollars are supposed to pay for, therefore HOAs are a necessity to provide those services. Not that I believe that for a moment but if I did, try as I might, I could not find any reason to justify the imposition of an HOA on this particular neighborhood.  Check out the video and please let me know if an HOA makes sense to you.  I am convinced we have lost all sense of reality and sanity in this country.

Mary Ann Fordyce joins us On The Commons.  Mary Ann has a chicken business in a rural community in Texas, where many of her neighbors are also business people, several have livestock and there is at least one other chicken businesses owner as well.  Not surprisingly this chicken owner was a board member who sold Mary Ann her first chickens and got her started on her business.  And for awhile, all was well.  But then life in this peaceful corner of the country changed.  We’ll talk to Mary Ann and get some of the details of why her dreams came crashing down and how she lost first one house and is now hanging on, trying to protect the second house she and her husband bought, from being foreclosed on.  I’ll ask her what purpose her HOA serves and how it protects her when her closest neighbor is a mile away.  I’m sure no one will be surprised to hear what happened to the only common area these property owners had.  Maybe the fate of that park is the answer to why an HOA was even part of this neighborhood?  Check out Mary Ann’s web site Blue Star Ranch . This lady is determined to help educate housing consumers about the perils of HOAs.

 

 

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Legislation, Property Rights, Uncategorized

David Kahne

1 Comment

We’ve all heard  how an alleged debt of a mere handful of dollars can balloon into a king’s ransom at the hands of an HOA and their attorneys.  And no, I am not talking about investments for the homeowners.  And certainly not about the empty (read bogus) promises of protected and enhanced property values.  Sometimes these debts are due to a legitimate assessment that was missed for some reason.  And all too often the “debt” is due to a fine imposed by the association for violating a recorded covenant, a silly rule that was conjured up on the spur of the moment or, increasingly, because the transgression in question violated someones esthetic sensibilities.  In other words there is no rhyme or reason for the ensuing war among the neighbors.  Notwithstanding all the accompanying sanctimony that attempts to validate these outrageous fees, penalties, charges and surcharges, they are solely for the benefit of the industry that feeds at the trough of the owners.  For years the homeowners’ pleas for statutory relief and protection from these abuses have fallen on deaf ears.  State legislators have failed to enact legislation to end these practices.  

David Kahne joins us On the Commons.  David is an attorney in Houston, Texas.  His practice includes representing  homeowners who find themselves on the receiving end of the malice that is increasingly common in residential associations.  In addition to working with individual homeowners, David is an advocate for the rights of property owners.  He has worked with legislators and advocacy groups in Texas and around the country.  He testifies at the Texas State legislature for increased protections for the owners.  We talk to David about this year’s legislative activities and the need for the proposed legislation.  We also talk about a swimming pool case in Spring, Texas.   A young couple put in a pool in their backyard and to protect their toddlers and the neighborhood children, they erected a fence around the pool.  And the objection was?  Well, tune in, David will explain it.  

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News and Views About Homeowner Associations