It’s extraordinarily rare for a homeowner to win a lawsuit against a Homeowners Association. The most memorable victory last year was by a couple in Olde Belhaven Town Owners Association in Northern Virginia. As you may recall, the couple put up an Obama for President sign in their front yard. Their HOA ordered it taken down because it was four inches too wide.
After the dust settled from the lawsuits, the couple won when the judge ruled that an HOA board couldn’t create resolutions to assess fines unless the covenants contemplated such actions.
This HOA, by the way, declared bankruptcy to try to keep the couple from collecting a dime.
In any event, the Virginia Legislature, ever anxious to protect the cash flow to lawyers, is now contemplating a new state law which would permit Virginia Homeowners Associations to assess fines against residents without having to change their covenants.
As always, there are greasy fingers all over this legislation. The Community Associations Institute (CAI) is out in force lobbying for this awful law. CAI rakes in billions of dollars each year on behalf of lawyers and management companies who kick back dues to the CAI.
As I’ve continued to say on this blog, you don’t have to be a Republican, Democrat, Tea Partier or Libertarian to be repulsed by this kind of anti-homeowner legislation. It’s all wrong.
But as long as you have cash in your pocket and equity in your home, someone is trying to take it.
(click here for text to proposed Virginia legislation, HB791 – LeMunyon)
After reading this bill, consider contacting your Representative or State Legislator.
Don’t you just love the state legislators? Kind of reminds me of “Blondie and the Bimbo” here in Arizona.