guest blog by David Russell
On December 3, 2014 I wrote a guest blog about 3-year-old Cooper Veloudis who has cerebral palsy. Cooper’s therapist suggested that a playhouse be built in the backyard of the family’s home. The playhouse cost about $5,000 and was set up to help little Cooper with his disability.However, the Andover Forest Homeowners Association, in Lexington, Kentucky, said little Cooper’s house had to go because the HOA had determined it’s a structure and is prohibited. Cooper’s parents were fined $50 a day until they complied. What the HOA didn’t say is that there are other such structures in the same development. But nobody seemed to really care about those.
I hoped In time, just like in the Christmas Carol, written by Charles Dickens, each board member and the pond-scum attorneys who represented Andover Forest Homeowners Association would receive a visit from one of Dickens’ghosts.
Well whoever said that dreams don’t come true, and that Santa isn’t real, must have not seen the new lawsuit just filed by the United States of America vs. Andover Forest Homeowners Association, and their management company EMG Management Services, LLC. Seems like the ‘Ghost of Christmas Past’ is paying some folks a visit down in Lexington.
Yes, Cooper, there is a Santa Claus, and he’s fixin’ to put some reindeer hoof prints on those board members’ foreheads who took away your little therapy house.
Perfect! How can it get any better than to have the federal government going after an HOA? Will the board members really be dumb enough to try and take on the federal government? Will they put the homeowners into bankruptcy trying to fight this battle with an organization just a tad bit bigger than the CAI?
Keep us posted on this one, Dave. Thanks for following up on the story, too!
I doubt the HOA is going to win this one.
Let’s see, we’ve had some validation of homeowner rights this month:
1) Free speech and political process in HOAs in NJ, as ruled by the NJ Supreme Court.
2) Eminent Domain attempt has failed in Charlestown IN. A private developer will not be razing an entire section of the city to build a new mixed use community.
3) The city of Albuquerque NM threatens to sue an HOA if it continues to boot cars of HOA residents that are parked on city streets.
4) ID enacts statute limiting fining authority for HOAs – a step in the right direction.
5) CA enacts statutes prohibiting HOAs from penalizing owners for conserving water by limiting watering of landscapes during its drought.
6) HUD rules that a KY HOA’s restrictions on a therapeutic play house for a disabled child constitute discrimination against the disabled.
and counting…