The Department of Justice has filed a lawsuit against a Florida Homeowners Association. The issue is whether it’s legal for an HOA to discriminate against families with children. The Federal Government claims in its lawsuit that the Townhomes of Kings Lake HOA have a pattern of violating the Fair Housing Act by harassing and taking action against families with children.
In one such case, the HOA threatened to evict a couple and their six children because the number of children exceeded HOA covenants. The Justice Department claims by unduly limiting the number of children, the HOA was in violation of federal law.
A statement by Assistant Attorney General Thomas E. Perez says, “The Fair Housing Act ensures that families with children have an equal right to use and enjoy housing of their choice. The Justice Department will continue its vigorous enforcement of fair housing laws that protect the rights of families with children.”
The statement by this federal official is nothing more than astonishing. There are 302,000 Homeowners Associations in the country. Most of them regularly violate the Fair Housing Act in one way or another. Anyone who signs an agreement to abide by HOA regulations essentially signs away all his or her Constitutional rights. But the thought of this federal agency filing 302,000 more lawsuits is beyond comprehension.
Florida has a new law that allows HOAs to evict a homeowner who’s behind on dues and lease the house to a tenant to make up for the lost money. The Bridgewater Community Association in Wesley Chapel has taken that to extremes.
Joanne McCarn says she missed a $225 dues payment in 2009 when her mother died. She claims she knew nothing about the overdue payment until recently. The HOA began tacking on late fees, attorney’s fees, and collection costs. By the time Joanne found out about her missed payment, the HOA was demanding $2,565, more than ten times the original amount. Joanne and her husband both tried to contact Association officials, who refused to talk to them.
The McCarn family had leased their home to a renter. But the HOA used the new Florida law to kick out the McCarn’s renter and put in a renter of their own. Joanne says it’s completely outrageous because the house hasn’t been foreclosed upon.
“I still own this house,” she says. “The HOA changed the locks on the doors and they call the sheriff if I come near the property.”
A Homeowners Association lawyer in Florida says the HOA’s actions are illegal. If so, then homeowners in the Bridgewater Association may be hit with a special assessment to cover a hefty lawsuit against the community.
Florida has a new law that allows HOAs to evict a homeowner who’s behind on dues and lease the house to a tenant to make up for the lost money. The Bridgewater Community Association in Wesley Chapel has taken that to extremes.
Joanne McCarn says she missed a $225 dues payment in 2009 when her mother died. She claims she knew nothing about the overdue payment until recently. The HOA began tacking on late fees, attorney’s fees, and collection costs. By the time Joanne found out about her missed payment, the HOA was demanding $2,565, more than ten times the original amount. Joanne and her husband both tried to contact Association officials, who refused to talk to them.
The McCarn family had leased their home to a renter. But the HOA used the new Florida law to kick out the McCarn’s renter and put in a renter of their own. Joanne says it’s completely outrageous because the house hasn’t been foreclosed on.
“I still own this house,” she says. “The HOA changed the locks on the home and they call the sheriff if I come near the property.”
A Homeowners Association lawyer in Florida says the HOA’s actions are illegal. If so, then homeowners in the Bridgewater Association may be hit with a special assessment to cover a hefty lawsuit against the community.
Nine residents of a Sacramento condo were rousted from their beds by armed security guards in April. They were forced into the street in their underwear, and the condos were sacked. Their belongings were through after them. They never new such a thing could happen in the “land of the free.”
Welcome, suckers, to HOA America, the land of the modern day Gestapo.
The evicted families were tenants, who’d never been informed that their landlords had allowed the building to go into foreclosure. The guards accused them of being squatters, told them they were going to be arrested and charged with burglary. The condo raid was carried out by Paladin Protection Security and the Jasmine Homeowners Association.
After two hours, the security guards apologized and left. One of them said, “Between you and me and the lampost, your Homeowner Association isrealized the mistake and left. One of them said, “Between you and me and the lampost, your homeowners’ association is a little over the top.
No kidding.
The tenants have now found a lawyer and they plan to sue both the security service and the Jasmine Homeowner Association.
There’s no question that Florida Homeowner Associations have suffered in the housing downturn. There’s no question it has impacted just about everyone. But some HOAs have found ways to take the most outrageous actions against a few homeowners to siphon off money and ownership rights of the few to help pay the expenses of the majority. Welcome to the kind of “democracy” practiced by the Bridgewater Community Association in Wesley Chapel, Florida.
Joanne McCarn says she missed an annual dues payment of $225 when her mother died. She was willing to make that up, but then she discovered the amount the HOA wanted was more than ten times the amount owed. She balked. She moved out, and put in a tenant to help make the mortgage payments.
The Bridgewater HOA told her she had to pay a $500 fee to the HOA before they would give her permission to rent. But the dispute escalated. The HOA didn’t foreclose on the home, but it evicted McCarn’s tenant and then moved in a tenant of their choice.
McCarn says it’s impossibly wrong. The HOA doesn’t own the house, McCarn does. But without going to court the HOA has essentially seized the home. They’ve appropriated the income stream from their replacement tenant. And they’ve done the same kind of thing to six other homeowners at Bridgewater.
Even lawyers who customarily support HOA actions against homeowners who get behind on their dues, says this kind of action is without precedent and is not something the law allows.
Perhaps so. But as growing numbers of these stories emerge, it builds the feeling among many people that the basic structure of the American HOA is fundamentally corrupt and totally outside the U.S. Constitution. They’re beyong the law.
