Tag Archives: foreclosure

Seething Over Solar Seems Senseless In Kehrs Mill Estates

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guest blog by Nila Ridings
Most of our readers can relate to being an activist working towards changes in America’s HOAs. We understand being passionate about sharing our knowledge of the abuses and corruption. We can relate to Frances and Jim Babb in many ways. For one, they live in an HOA. And they are strong supporters of solar energy. They believe it is right for America for many reasons. And it’s the most efficient way for them to provide energy to their upscale Victorian mansion in Clarkson Valley; a posh Saint Louis suburb.The Saint Louis Dispatch stated, “The Babbs’ ordeal has turned Frances Babb into a advocate. She’s lobbied state legislators over the past year for the Senate Bill 579, which bars homeowners associations from prohibiting solar energy.” The bill passed. End of the story…or is it? No, it isn’t.

The Babbs requested approval for the installation of the solar panels from their HOA board at Kehrs Mill Estates. There was no response within the time allowed by their CC&Rs. Next they applied for a permit from the City of Clarkson Valley where they ran into a snag that ultimately had to be resolved with litigation and a great deal of nonsense. The Babbs prevailed. The City of Clarkson Valley appealed the court’s decision but were again ordered to issue the permit. The Babbs installed the solar panels and looked forward to living in peace while setting a trend towards using cleaner energy and doing their part to make America less dependent on Arab oil.

Suddenly, guess who has an issue with their solar panels? I know you guessed it right, THE KEHRS MILL ESTATES HOA! Some neighbors claim the solar panels might cause car accidents or bring rabies into the exclusive community. So, now do they want them removed? The Babbs’ house sits a football field length away from the road surrounded by trees so it’s barely visible to passersby.

Will there be another legal battle or will the Kehrs Mill Estates BOD realize how senseless it would be to file suit when the State of Missouri has passed a law that allows solar panels, the City of Clarkson Valley has lost court battles twice, and they didn’t follow their own CC&Rs? We know how this historically goes….after $100,000 or more is spent in legal bills somebody gets tired or goes broke in the fight.

I’ve spoken with Frances Babb and I am 99.9% sure she isn’t going to take her solar panels off of her roof! I’m cheering her on and I hope you will, too. HOAs expect their members to jump at every command and demand but when they don’t follow their own CC&Rs it can sure come back and bite them. Perhaps this will be a lesson learned?

Oh! And a word of caution to our pilot readers. Please do not mistake the Babbs’ solar panels as the runway lights for Lambert Field. Landing your Boeing 757 on one of the HOA private streets is strictly prohibited!

The three attached links are well worth reading!)

(St Louis Post-Dispatch story on the solar fight)

(followup story on solar fight)

(story in Clean Technica)

HOAs Claim Embezzling is Rare (LMAO!)

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Really! Ask any promoter of the HOA system about the national epidemic of board members and property managers embezzling from the neighborhood budget, and they’ll swear that it’s rare…so rare, the average homeowner needn’t worry about such a thing.

It’s true that prosecution of HOA embezzlers is rare. Prosecutors know it’s expensive to charge HOA embezzlers. They know that embezzlers get incredibly light sentences from judges. Steal a million bucks and get 18 months in prison? Hey, such a deal! So, prosecutors’ attitudes toward victims is, “Well, if you don’t like it, why don’t you just move?” Where’ve we heard that before?

But with every embezzlement story, property values in HOAs across the country go down. Maybe just a little bit, but how can property values go up when there are so many HOA embezzling and racketeering stories?
Here’s another:

(link to money-laundering in Jersey City)

Folks, if you think this country isn’t in bad, bad trouble, you’ve got your head someplace it really doesn’t belong.

 

Being an HOA Board Member Could Get Dicey!

      1 Comment on Being an HOA Board Member Could Get Dicey!

There’s a case awaiting a decision by the U.S. Supreme Court that could increase the risk for individual HOA board members and property managers. It involves passive and overt discrimination against certain protected classes. Overt discrimination needs no explanation. But passive or indirect discrimination, which often happens when no one intentionally means to discriminate, can lead to huge lawsuits and massive judgments against individual board members and homeowners. More and more protected classes have been filing lawsuits based on easier-to-prove passive discrimination.

If the Supreme Court declines to narrow the scope of federal discrimination laws then Katy bar the doors. Passive discrimination happens all the time in Homeowners Associations and it can only encourage more plaintiffs to make such claims. Insurance companies usually won’t pay for legal costs or judgments under federal or state discrimination laws.

When they begin to realize their personal liability HOA board members all over the country might start fleeing like rats from the Titanic. And many neighborhoods may decide to dissolve their HOAs forever.

The article linked below explains it far more intelligently than I did.

(pending Supreme Court decision)

(link to a prime example of the kinds of lawsuits that could start flying)

 

A change of heart for one HOA President?

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guest blog by Deborah Goonan

Every once in a while, the unexpected happens.

Remember David Schneider, the former president of McKamy HOA, Dallas, Texas? He was the one who sued a small Jewish congregation and the owners of a home in the HOA, arguing that using the home for Jewish religious services was against HOA restrictions. The local judge dismissed that case about a month ago.

Then the City of Dallas sued the Congregation, citing city requirements to make $200,000 worth of improvements to the property in order to obtain a certificate of occupancy. Without the Certificate of Occupancy, the Congregation faces steep fines, and may be forced to find another location for worship after all.

The following day, someone painted swastikas on the Rabbi’s vehicle and a fence, and that was deeply upsetting to the Rabbi and his followers.

Well, now the HOA, apparently led by Schneider, is offering a $1500 reward to help apprehend those who painted the hateful symbols.

Could it be that Schneider has truly had a change of heart?

(link to story on TheBlaze)

Another On-duty Serviceman gets the HOA Shaft!

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Until HOAs get massive financial fines for screwing over on-duty service members, this kind of crime will never stop. The federal law is incredibly clear…you can’t foreclose on a member of the U.S. Armed Services if he is on active duty and cannot appear in court.

Yet the Monte Viejo Community Association in San Antonio, Texas felt they were above the law. In 2011, they simply reached out and snatched the home of U.S. Navy Petty Officer Richard Miller. He was stationed in Japan at the time. In a case eerily similar to the confiscation of another Texas serviceman’s home, Miller’s wife kept all of his mail for him to read when he was home for the holidays. Miller says he never got any mail from his HOA, and thus didn’t know his dues were not being paid.

Miller’s dues were only 200 bucks a year. The HOA jacked that up to more than $15,000 and then liened and foreclosed on Miller’s home.

The good news is that Miller has a pro-bono attorney who’s fighting for his rights. There’s a hint that the Monte Viego board knows how badly they messed up because they’re finally communicating with Miller.

(link to Stars and Stripes article on Miller’s fight)