It’s not often that the lowly homeowner has much of a chance of getting a fair hearing in court. The vast majority of all rulings are against the homeowner and in favor of the private non-profit corporation. And many’s the judge who’s told a miserable homeowner that he or she should have read his covenants before signing the real estate documents.
Last week’s ruling, though, by the Supreme Court of Virginia was a clarion call to the National Homeowners Association Movement that it can’t stomp on the homeowner’s Constitutional rights forever. Basically the court ruled that the Shadowood Condominium complex in Reston, Virginia cannot assess fines against residents because there was no such permission granted in the development’s master deed. Bam! Pow!
Please, please consider signing the petition to restore Constitutional law to our private neighborhoods, HOAs, CIDs, POAs. This is not a radical petition. It’s only a request that our federal government allow homeowners access to Constitutional rights that they inadvertantly signed away while signing their mortgage papers.
As stated before in the blog, George Staropoli’s petition is not radical, it’s only common sense. Protect your rights. Restore your rights. Please read George’s letter COPIED below.
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From George Staropoli:
To the national advocate leadership:
Thanks for your efforts, now and in the past. This petition is for all of us!
We need only 150 signatures in order to have the petition appear on the We the People website for all to see. The turnout is dismal. Once we get on the site we can then expect a large response from those truly concerned about the state of our Constitution.
I need your help to get to those 150 petitions. Please urge the people on your lists to get busy and sign the petition. Tell them in your own words why we must get the FEDS’ attention. This is not democrat/republican or conservative/liberal! This our American system of constitutional government created by the Founding Fathers without reference to any political party! This support from Washington is a legitimate function of our Federal government, especially since the long history of state legislative failures to uphold the Constitution demands federal intervention.
We only have 30 days to get to 25,000 petitions, otherwise we have lost a very important inroad to Washington and the national scene. And CAI will be laughing its ass off if we fail. It is extremely important that you, the national leadership, urge support for the petition.
Homeowners usually get the raw end of the deal when they try to fight the “Bigs” in the HOA industry. Some Homeowners in California are trying to turn that trend around. An HOA in Riverside County has sued three former property managers for “fraud, conspiracy to defraud, breach of contract, and breach of fiduciary duty.” They had employed the management companies for eight years.
Canyon Lake Association then sued its own law firm, Fiore, Racobs & Powers, accusing them of “fraud and malpractice.” They say a lengthy investigation found “no cash management, no separation of accounting duties, credit card abuse by employees, employee salary increases that were not approved by the board.”
Nebraska Senator Mike Schneider is asking the governor to call a special session of the legislature to pass new laws against Homeowner Association fraud. He says he’s been reading a blog on the Las Vegas scandal and he doesn’t like the kind of comments being made about suicides committed by suspects indicted in the HOA scandal. (Hmmm, I wonder which blog he’s talking about!)
The Las Vegas Review Journal reports that 14 more people have taken plea bargains in the FBI’s HOA corruption investigation. That brings the total to 24. This four year investigation has taken way too long, far longer than most. But after its bumpy start, federal agents really started homing in on the fraudsters who’ve cheated so many Las Vegas homeowners and stolen their home equity, costing them their life savings and their homes.
The real tragedy of winding this investigation up early is that hundreds of homeowners who lost their homes will sit and wonder, “what to do?” They’ve been cheated of their entire life savings. But they don’t know who to contact to try to get it back.