Tag Archives: Foreclosures

The Horrible Newtown Tragedy

Teacher carries guns

Teacher carries gunsI 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.

Read the original article here …

Finally, A Good Court Decision!

Reston's Shadowood

Reston's ShadowoodIt’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.

This dam has not yet collapsed.

But it will.
Read the original article here …

 

 

Do HOA Embezzlement Stories Bore You?

Boonsboro Woman Sentenced

Boonsboro Woman SentencedThe Good Lord knows I don’t want to bore readers of my blog posts! But my feeling is that there are so many HOAs being victimized by embezzlers, that the name of every HOA crook ought to be publicized far and wide. These crooks are not only rotten people for stealing, but they’re stealing from neighbors who put them into positions of incredible trust. In many cases, they’re stealing from elderly retired people who just can’t afford to pay special assessments to cover the HOA’s losses.

Well, bore you or not, the latest embezzler to be sentenced to prison is 63 year old Nancy Walker. She managed the treasury of the Ballenger Creek Meadows HOA in Frederick County, Maryland. She stole more than 137,000 bucks. She claims she gave the money to an internet acquaintance she’d never met; a man who alternately claimed he was in a South African hospital, and later in a South African jail. It’s a great sob-story, but it doesn’t change the fact that Walker stole from neighbors who had trusted her.

She got a sentence of 18 months in prison and restitution. Why HOA thieves never get more than 18 months is a mystery to this blogger. But the restitution is no mystery. She’ll never pay it.

Read more here …

An Amazing Lawsuit Against an HOA

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.

Somebody Tell Me Why This Isn’t 1930′s Style Facism?

I don’t like to go off half-cocked. I have a Bachelor of Arts Degree in Political Science, but for the life of me I can’t get my mind wrapped around this one.

Bankrupted California cities are now talking about seizing hundreds, possibly thousands of homes in California to condemn them, because the owners have troubled mortgages.

Under the controversial practice known as “eminent domain for Public Purpose” (Kelo v. City of New London) cities would be able to walk into essentially anybody’s home and say, “Sorry, you’ve gotta move. This property now belongs to the city!”

It’s a blatant, in-your-face, bare-assed grab of private property which our Constitution guarantees the government CANNOT do! Cities could then re-sell these properties to other homeowners who are theoretically more financially sound. The city makes a profit. The new investor gets a lower priced home. And the previous homeowner who was supposedly the deadbeat who couldn’t keep his HOA dues and his mortgage up, basically sacrifices the built-up equity of his home to the Goddess of Redistributivism.

Isn’t this bald-faced theft from the poor and subsidization of the middle income and rich? Of couse it is!

Lenders are furious that legislatures would arrogantly subsume their contracts with borrowers. Lenders took the risk in the first place to help put people into homes. Now, bankrupt cities across California are taking a very real look at this property-grab plan. That’s the crazy thing: they actually ARE looking at this home confiscation plan as something moral, and problem-solving.

Despite the obvious violations of the U.S. Constitution (actually, only fools and Tea Party members still think the Constitution should be observed by American lawmakers), it all amounts to a land grab from private citizens that has has no precedent; absolutely no precendent ANYWHERE in American law.

It does have precedent in Nazi Germany, Mussolini’s Italy, Stalin’s purge of Russia, Castro’s seizing of the assets of Cubans, and Hugo Chavez’ nationalization of everything he can remember to nationalize in Venezuela.

Have we really come so far where this kind of outrage can be casually discussed at the local City Council meeting? California has the 9th Circuit of Appeals, the nation’s most radical court which would probably enthusiastically endorse the whole land-grab scam.

For the flag-waving, patriotic, red, white and blue American, the shame and embarrassment just grows. How do you explain to new immigrants that America is now considering adopting the same policies that drove them from their socialist home countries in the first place?

How?