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.
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!
The 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.
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.
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!”