Tag Archives: foreclosure

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)

 

 

 

We Must Stop Duping The Buyers!

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guest blog by Nila Ridings

How many people don’t trust used car sales reps? Most everyone. Why? Because they assume they are shysters, liars, and con men. They are the butt of jokes, in comics, late night TV, and any other time when someone is in need of an analogy for a buyer that got ripped off by a seller. Yet, many states have a “Lemon Law” that gives the buyers some protection from a bad car deal.

I bought a pre-owned truck from a guy that was absolutely honest about it. There were no surprises, no hidden damages, and no deception. As a matter of fact, I’ve become friends with his wife and family. They are a really fun and nice family.

I wish I could say the same about real estate agents and home sellers that I’ve done business with. Let’s see, there’s been the one that failed to mention the contractor he hired threw all of the construction debris down the duct work in a two-story house that could have caught on fire. There was the real estate agent that listed a property and didn’t exclude items the tenant owned so it was sold to me with her antique light fixture and automatic garage door as well as her new gas stove in the kitchen. Then there was the couple that said they wanted to move from this townhouse because they wanted “more land.” Truth is: They camouflaged all of his shoddy DIY projects and were running from this horrible HOA!

Finally, we have a lawsuit where a real estate agent is being sued for failure to disclose. Failing to disclose construction defects, assessments, and loans held by the HOA should be automatic loss of a real estate license in my opinion. Yet, there are plenty of HOA condo, townhouse, and home sales taking place where the poor buyer has absolutely no clue what awaits them once the ink on the contract dries. No laws that require disclosure that the HOA is in debt $1,000,000. Nope, that is just a minor unimportant detail. Bull crap!

We may soon arrive at the time when used car sales rep jokes will be replaced with real estate sales rep jokes. Possibly then the legislators will pass another “Lemon Law” that will give homeowners a way out of an HOA nightmare. And buyers that are duped a right to rescind the real estate contract for up to one year. That should bring some honesty into this home buying game! It certainly would level the playing field.

As for me, I’d rather deal with the car salesman than the real estate and HOA industry any day of the week!

(link to story about non-disclosure lawsuit)

 

After Judge ousts Receiver, no improvement at Blossom Park (FL) condos

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guest blog by Deborah Goonan

Last time I told you about Blossom Park condos in April, owners had decided they wanted to take back control of their Association from Receiver Frank Barber.

http://neighborsatwar.com/?s=blossom+park&submit=Search

Several of the owners had high hopes of turning the place around, after many years of neglect. A judge terminated the Receiver’s contract last month.

Well, it didn’t take long for the newly formed Condo Board to throw in the towel. Assessments are seriously delinquent, and remaining owners are apparently not interested in paying for a place that has become a haven for crime and a safety hazard. Reportedly, the trash is piling up now, too.

Where are the developers willing to swoop in like White Knights and rescue this dilapidated old motel turned into low-income condos? Isn’t that why Florida clings to its “eminent domain for condos” law?

It appears Blossom Park has reached the end of its useful life.

(link to requiem for Blossom Park)

Are We Winning? Hunter’s Run Decision Says We Are!

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I never thought I’d see this day. But doesn’t it seem to you like more and more Homeowners Associations are losing big court cases involving fines, judgments and legal fees?

There’ve been several in a row where the feds came down hard on HOAs that overtly or passively discriminated against families with children or handicapped members.

The latest is an Indiana family that moved from their home and rented it out without asking HOA permission. The Indiana Court of Appeals ruled that the fines and the lien the Hunter’s Run HOA filed on the family were illegal. More than that, the lien was invalid and a slander against the homeowner’s property title making the home unsaleable. Now the Hunter’s Run HOA will have to pay thousands and thousands of dollars to this family to make them whole.

I would bet dollars to donuts that members of this HOA didn’t have a clue their bully board’s actions were going to lead to huge assessments against every homeowner.

See this as a victory, folks! Homes in Hunter’s Run have lost all their value. They can’t be sold. The equity is gone. What fool would buy a home in an HOA where the board was stupid enough to lose this kind of case?

The tide is turning, and you and I are finally having an impact!

(the losers in Hunter’s Run HOA)

 

 

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)