Tag Archives: Federal investigators

Chikungunya Virus In Our Neighborhoods

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Bouncing around the HOA warrior network right now is an interesting email from future Congressman Andy Ostrowski. He’s concerned that our political impact will be diluted because only 20% of Americans live in HOA gulags. He says to get any rational national reforms enacted we need to appeal to 80% of the voters. Reading the current Science News article on the Chikungunya virus gave me an inspiration. If it’s too juvenile a corollary then please forgive me.

Chikungunya is a nasty virus that’s made its way from Southeast Africa and Asia to America. It’s a horribly painful disease that can leave an infected victim with massive joint pain that lasts for years. If it infects babies 20% of them can become permanently disabled. In a matter of weeks it can infect hundreds of thousands of people, even up to 20% of the region where it’s spreading.

The virus spreads through mosquitoes and now for the first time it’s hopped from one species of equatorial mosquito to the tiger-striped mosquito that can be found in many parts of America. Now, if only 20% of the population gets infected, should the other 80% be concerned? Absolutely, say scientists at the Centers for Disease Control.

The HOA virus is another nasty disease that only infects about 20% of the population in this country. It’s spread by lawyers and is rapidly mutating and hopping to other hosts like property managers, Realtors, judges and low-level politicians. This disease is another one that’s spreading rapidly. Should the remaining 80% of homeowners be concerned? Absolutely.

The remaining 80% tell themselves, “I’ll never get infected. I’ll never live in a Homeowners Association. I’ll never have to deal with a relative’s estate that’s located in an infected zone.” Yet a simple job change, the desire to move to a warmer climate, any number of life’s challenges can put you into right into the middle of a zone where the HOA virus is epidemic.

Yes, absolutely, the 80% should be concerned.

(Science News article on runaway Chikungunya virus)

Give This To Your Lawyer!

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No one is more insightful or articulate than Arizona HOA warrior George Staropoli. When he comments on an HOA issue, you really want to stand up and pay attention. He’s written an incredibly interesting analysis of a recent U.S. Supreme Court decision that he says could ultimately have a direct impact on the national HOA scam. I would do a disservice to him if I tried to sum up his argument.

I would also do a disservice to you if I didn’t give you a link to his paper and urge you to read it, print it out and give copies to every influential person you meet. Your lawyer should have a copy of this. At some point our movement is going to reach a tipping point. Who knows? This could be that point.

(link to “Supreme Court says corporate entities cannot be used to evade Constitution”)

Franklin TN HOA: $156K Fine over treatment of Disabled Children

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guest blog by Deborah Goonan

When Charles and Melanie Hollis purchased a home for their family in 2011, they probably didn’t expect to run into difficulty getting approval from their homeowners’ association for a sunroom addition. The sunroom was needed for two of their children, who happen to have physical and mental disabilities. It was intended to provide space for exercise equipment and physical therapy for the children.

After four attempts at getting a modification plan approved by the Architectural Review Committee, their reasonable request was essentially denied. Reading the September 2014 District Court decision, linked below, in December 2011, Chestnut Bend HOA attorney wrote a letter to Mr. and Mrs. Hollis, making approval of the sunroom conditional upon the agreement to install a more expensive shingle roof rather than a metal roof. The main reason for that condition was apparently to enhance the addition’s appearance.

The Hollis’ attorney replied that the owners would like to proceed with the metal roof, because of its lower cost, the fact that other homeowners also have additions with metal roofs, and the Property Manager had already acknowledged in writing that a metal roof would be acceptable. Attorney Tracey McCartney, Tennessee Fair Housing Council, provided a deadline date for response from the HOA Attorney, who never did issue a definitive approval.

So the Hollis family sold their home in Chestnut Bend, at a loss, and moved to another nearby home in a different community.

Four years later, the HOA has agreed to compensate the Hollis family $156,000 to cover damages.

Incredibly, the HOA Board still won’t admit any wrongdoing. After all, the rules are the rules, and they must be followed, according to the Board President. According to the Tennessean, Mr. Vaughn blames the Hollis’s for “hurting” their Association by creating the impression that the HOA is not a welcoming place. Call it Reputation Management.

And Westwood Property Management company was able to wiggle out of the lawsuit by agreeing to train its employees about Fair Housing laws, and to create a written policy for the company to use in the future.

But isn’t it rather disturbing that a professional management company would not already provide sufficient training to its staff? After all, it’s not as though requests for accommodation or modification by disabled residents are a rare occurrence.

And why does it take four years and several appeals to get to a resolution? I wonder how many HOA residents simply move out and give up on pursuing the matter, just to avoid the stress?

Maybe that’s part of an unscrupulous HOA Board’s playbook — perhaps even encouraged by the Association Attorney and/or Manager. Say it isn’t so!

(link to news release regarding legal settlement)

(link to Sept 2014 District Court decision)

The Wisdom of Solomon

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Some cracks are appearing in the Iron HOA Curtain. Psychologist Dr. Gary Solomon is making incredible strides in educating the masses. This one is worth sharing with everyone you know:

Child abuse by proxy

Disabled and living in an HOA?

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guest blog by Dave Russell

Each day I’m alerted to scores of cases where folks living in HOAs are denied reasonable accommodations for their disabilities. Some of these HOA denials are blatant violations of the Fair Housing Act, while some are not. I’m going to compare two recent cases that have grabbed the attention of the media. While both sound like truly legitimate cases, one homeowner did it right, and the other homeowner technically did it wrong.

Build it and they will come. The HOA that is!

After Michael Broadnax suffered a stroke late last summer, his wife became the head of the household. Charlotte Broadnax retrofitted her house with a small ramp so her husband could come home for rehabilitation. Now, the homeowners association for the Woodlands of Copperstone is threatening to sue the homeowners over the ramp.

Sounds like a clear-cut-case of a fair housing violation? The answer here is NO. Fair Housing allows for a reasonable accommodation, but you must ask your housing provider first. Yes, under the Fair Housing Laws, HOAs are considered ‘housing providers.’

“A resident is not entitled to receive a reasonable accommodation unless he/she asks for one.” (Nolan v. Starlight Homeowner Association)

In this case the homeowner just put up the wheelchair ramp and didn’t inform the HOA first. Of course the HOA will claim they had no idea Mr. Broadnax had become disabled. For all the HOA knows, the ramp could have been placed there just for the hell of it. Well, that’s what they’ll probably claim.

(link to KPHO story on wheelchair controversy)

Doing it right

Shawn Seekings has a disabled son, and he needs a fence to accommodate his boys disability. Unlike Charlotte Broadnax, Mr. Seekings made a reasonable request to the HOA to accommodate his son’s disability. Shawn Seekings did everything right, he asked the HOA for a reasonable accommodation and even backed it up with a written request from a neurologist. Mr. Seekings was smart-enough not to put up the fence first and then ask his HOA for the reasonable accommodation.

The HOA in Mr. Seekings case will probably face a Fair Housing violation for denying the fence. Not only is this my professional opinion, it’s also the opinion of Florida attorney S. David Cooper. I can almost guarantee the Esprit HOA and their management company, Melrose Property Management, are going to get slapped with massive fines and settlement costs by HUD.

(link to story on fence battle over autistic child)

Knowledge is power! Especially when battling it out with your HOA over Fair Housing Laws. Make sure you fully understand your rights under the Fair Housing Act.

(your rights under federal housing law)