Thank you, Jan Bergemann, for the nice book review of “Neighbors At War! The Creepy Case Against Your Homeowners Association.” Jan was one of the first warriors in this fight against the rogue HOA movement, back when I was too dumb to listen. He runs Cyber Citizens For Justice (CCFJ) and I know he won’t mind me linking back to him. He is a goldmine of information and wisdom on how Americans everywhere are unknowingly losing many of their Constitutional rights.
BTW, I’m migrating most of my blogging efforts over to NeighborsAtWar.com Check it out. Feel free to use & abuse.
Again, thanks Jan! And my very best wishes to you in 2013!
It’s tragic, but some members of the news media are finally discovering and reporting on the power of an HOA. Details on my website, NeighborsAtWar.com
I really shouldn’t take space on this HOA Hell Blog to comment on the horrific mass murders of small children in Connecticut. But since HOA board meetings have also experienced some mass shootings by deranged homeowners, I do have some observations about the current anti-gun hysteria. I am a supporter of the Second Amendment and the reasoning behind it. And yes, I support any law that would take guns out of the hands of criminals, drug gangs, children, untrained gun owners and the mentally ill.
But consider this: not a single one of the current gun-ban proposals will work. Just last week, an Illinois judge ruled that a gun ban in that state was unconstitutional.
And there is the rub. The U.S. Constitution. If firearms are to be banned the only appropriate way to do so is to change the Constitution. I’m not advocating it. I’m just saying it.
I’m also linking to a related news story that most of America probably missed.
Yes, folks, it’s another million dollar embezzlement from trusting homeowners in California. At least the Feds are finally taking action. A Federal Grand Jury has indicted Chris Barna for stealing $950,000 from Homeowners Associations that once trusted him. Although he hasn’t been convicted yet, I have no problem calling him a dirtbag. Prosecutors say he misappropriated 342 checks, spent the money on nice things for himself, and manipulated the records for M&C Association Management.
He’s currently free on $200,000 bond, which is a crime all by itself. But heck, California is so broke they can’t pay to feed one extra prisoner. And with state finances in such bad shape, does anyone really think Barna will get any kind of prison term? Ah yes, it’ll be a federal prison, not a California prison. But then again, aren’t the Feds about to “go over the financial cliff” in the current parlance?
Mark my words, Barna will get to keep the 950,000 bucks, he’ll get little or no prison time, the court will order restitution, and Barna won’t pay back a dime. The homeowners will be on the hook, though. Each homeowner who lives in a Barna-swindled association will be hit with a special assessment to make up the stolen money. Ain’t California great?
Oh, and I almost forgot. The owner of Barna’s company is Associa. Who or what is Associa? Well, Associa is owned by Texas Senator John Carona. Ask anyone from Texas.
Or better yet, let me link you to Jan Bergemann’s website where he discusses Associa in detail. And God bless you, Jan Bergemann!
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!
Stone-faced attorneys in Virginia said the ruling will have a profound impact on 10,000 Homeowners Associations across Virginia. It certainly will have a profound impact on lawyers who make a fancy living from dragging homeowners into court over stupid covenant violations.
Just reading about the wrongdoing by certain Shadowood officials over the years is enough to make one weep. Millions of dollars spent on ‘improvements’ with no accounting oversight. Tens of thousands of dollars paid to certain HOA board members for ‘services rendered’. Towing cars right before Thanksgiving. Turning off the heat and air conditioning to ‘punish’ rule-breakers. It’s ugly, and I’ve linked to the Washington Post’s story below.
Law professor Evan McKenzie predicted in his last book, Beyond Privatopia, that Homeowners Associations were going to face a day of reckoning. He was precognizant, a man of real genius.
Folks, the mightiest dam in the world can collapse. The collapse, no matter how large, starts out with a microscopic fissure somewhere.
