Google “HOA and (or) condo and embezzlement” and you will get more hits than you imagined possible. It is hard to sweep these stories under the rug and pretend that all is rosy in the nations involuntary membership housing corporations. Who is to blame for this sorry state of affairs in residential America? I have been chastised on more than one occasion by members of the HOA industry who claim the homeowners themselves are “apathetic” and are not providing the over sight to prevent the theft and abuses on the home front.
That’s it guys, blame the victim.
Easy to do.
But wait a minute, what happens when homeowners do ask for the books and records of the association? What happens when they want to know what is happening to their money?
Joining us On The Commons this week we have Robert Racansky. Robert has been asking for information he is entitled to about his HOA and about his own account, but for the last several years his requests have been ignored. To prove that he is far from apathetic, and in an attempt to put his fight on the skyline, Robert wrote a book called Madison Hill H.O.A. Inc; Something is Rotten in the State of Colorado. We’ll talk to Robert about the issues that led to his writing a book and find out about future plans. Robert maintains a web site at madisonhillhoa.com/ .
Consumers don’t take a course in auto mechanics when they buy a car, nor do need to know how the household appliances work just to own and operate them so why would housing consumers and homeowners be experts in HOA law? After all, they are buying what once was a called “a home”, not getting a law degree. But unlike a car or a houseful of appliances, it is the very lack of knowledge and understanding of modern day kommunities that puts them at risk of losing everything they own.
Joining us On The Commons this week we have Jan Bergemann. Jan is the founder and president of the Florida based Cyber Citizens for Justice. He is also one of the few homeowners who has taken the time to really learn and understand the mechanics of this newfangled concept of commingled housing. He maintains a web site at www.ccfj.net where he has a whole host of articles and other good information. We’ll find out what is going on in Florida and talk a little about whether or not this form of controlled living is a viable form of housing.
Municipal mandates for HOA housing have not only provided local governments with tax free dollars but have also created a $50 Billion annual industry to service these developments. There are lawyers to represent the corporations that have replaced our neighborhoods, managers to manage the homeowners as they live in what was once considered a private home, there are landscapers to maintain the grounds, auditors and accountants for the occasional audits and book keeping chores, there are taste police and enforcement police and gates and now there are even poop scoopers with sophisticated DNA tests to track the naughty pooch who pooped on “The Properties”.
The one career field that has remained more or less unchanged is the attorneys who specialize in representing the real clients in all this nonsense, the homeowners!
Joining us On The Commons this week we have Roger Wood. Roger is an Arizona attorney who, two years ago, opened his own law firm representing ONLY homeowners. His web site http://jrogerwoodlaw.com/proudly announces they are putting the “H” back in HOA. Join us, we’ll find out why an attorney with a lucrative career representing HOAs would give that up to represent the homeowners. We’ll talk about some of the reasons he chose to go down this path and what he does. You’ll be surprised by what he has to say and will no doubt agree with me that the US would be a better place if we managed to clone him, hundreds of times over. You can also get to Roger’s web pageboy following this link. www.HOAHelpNow.com
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.
