Common Sense on Superpriority Liens

Tennessee politicians have seen through the phony HOA argument that their petty little fines for HOA violations do not give condo and homeowner association boards the right to declare that they can extinguish the existing mortgage and then make a killing selling unburdened properties.

The Nevada Supreme Court shocked the nation by giving HOAs such powers. But a new Tennessee law will guarantee that a little of the HOA abuse in that state will be reigned in. The link below gives the whole subject a new angle.

(link to the change in Tennessee law)

 

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About

Ward Lucas is a longtime investigative journalist and television news anchor. He has won more than 70 national and regional awards for Excellence in Journalism, Creative Writing and community involvement. His new book, "Neighbors At War: the Creepy Case Against Your Homeowners Association," is now available for purchase. In it, he discusses the American homeowners association movement, from its racist origins, to its transformation into a lucrative money machine for the nation's legal industry. From scams to outright violence to foreclosures and neighborhood collapses across the country, the reader will find this book enormously compelling and a necessary read for every homeowner. Knowledge is self-defense. No homeowner contemplating life in an HOA should neglect reading this book. No HOA board officer should overlook this examination of the pitfalls in HOA management. And no lawyer representing either side in an HOA dispute should gloss over what homeowners are saying or believing about the lawsuit industry.

4 thoughts on “Common Sense on Superpriority Liens

  1. Jan

    The manager, R__ has been there for 30 years. His wife, A_____is the book keeper. She holds the key to the safe.
    The husband and Manager has no idea how much money we have or how our money is spent. He claims his ways are to please the board. He claims he saves us money. He blames everone else when things go wrong. He say mean things about other homeowners. He claims he is a victim of abusive homeowners.His wife makes up new rules and has her husband inform the homeowners.
    She threatens everyone’s bills to be turned over to a collection agency.
    The board does NOT, I repeat, not see what the maneger mails certified to homeowners. He prints the signiture of board members and puts his initials under their name.
    The board does not, i repeat does not check the invoices of what A____ does, nor do they see the homeowners checks and where they are deposited for monthly fees.
    The board isolates itself. The board receives their needs to be met .
    I am nolonger afraid of their threats and mean behaviors.
    The husband and wife enjoy the luxury of our checks.
    My question is ….if I could get information to other homeowners who rather not rock the boat out of fear, to take notice….how is information shared in a warm and cozy manner to make other homeowners, take notice that they are probably paying too much.
    Thanks

    Reply
  2. Nila Ridings

    Jan,

    You are in the typical HOA mess!

    First and foremost, get a spiral notebook and start documenting every little detail even if you think it is insignificant…document it anyway. What to document: Date, time, place, who is present, what was discussed, promises made, etc. If your state allows you to make recordings if all meetings, do it. Take photos if they would be helpful.

    Read your CC&Rs, including your Articles of Incorporation. Make a few extra copies so you can provide them to the authorities, media, or an attorney. The more information you have and it’s well-organized the easier this task will be. It’s always helpful to have one copy that you can mark with a highlighter as well.

    If your CC&Rs allow for you to see the financial records of the HOA, request them in writing via certified mail to the board treasurer and the property manager. If you CC&Rs specify another option to request records do that as well. Give them 15 days to respond from the time you get the green card back from the post office. Keep the green cards. Do not be surprised if you get your original letters back because they were refused. DO NOT OPEN THEM IF THEY ARE RETURNED. Put them in a file and save them. Save everything that pertains to your HOAs. Even if it’s a sticky note, save it. Documentation of absolutely every minute detail is a must!

    If you do not get any response or any reasonable access to the records, contact your local police and fill out a suspicion of embezzlement report. You will need to know the amount of the monthly dues and the number of homeowners so you can provide an estimate of the amount of money you feel is missing. The police should put a detective on the case. If they do not, contact your District Attorney’s office with all the documentation you have. They will guide you from there.

    Go to Amazon and read HOA Warrior and HOA Warrior II by Shelly Marshall. They are ebooks (online) and the charge is minimal, approximately $5.

    Expect to be bullied. Expect to be called a liar. Expect to be harassed. Expect to have your neighbors shun you. Expect to be standing alone in your efforts. Do not back down. People who have nothing to hide, hide nothing! Stay focused and do not let them derail your efforts.

    Contact your local media and let them shed some light on these bad actors. People who bully and hide records DO NOT LIKE TO BE EXPOSED BY THE MEDIA.

    As a last resort hire an attorney. He/she must be someone that is very familiar with HOAs and do not engage with one that has any affiliation with the CAI. If you do hire an attorney keep in mind the HOA will have one goal and that is to run up your legal bills in hopes of bankrupting you out of the legal battle. The more detailed and organized your records are the better it will be to fight this battle.

    If you have not read Neighbors At War by Ward Lucas, it will be worth your time to gain that knowledge as well.

    Print some flyers and place them on your neighbors doors. Do not make accusations of the board or property manager. State the facts that you are seeking information because the board has not been forthcoming and the property manager has not been either. Or, say nothing and go about your mission of finding the truth. If you get the media to provide some coverage your neighbors will learn really fast about the issues in their neighborhood! HOA members are apathetic by nature and would rather hand over their money keep their heads in the sand. That is exactly how HOA boards, property managers, and CAI member attorneys have gained such incredible power over the homeowners.

    I commend you for your courage to take a stand and try to stop the secrecy!

    Reply

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