Tag Archives: foreclosure

HOA Critics: Disgruntled with an Ax to Grind or Consumer Advocates/Political Activists?

guest blog by Deborah Goonan

Why are HOA critics characterized differently than other critics of corporate exploitation and political cronyism?

If you have ever lived under HOA rule, and have had the audacity to speak up about the pettiness and injustice that permeates many of these so-called “communities,” you have probably experienced one or more of the following reactions to your criticisms:

Typical talking points directed at the critic:

“You are just a disgruntled owner with an ax to grind.”

“You are one of those people who doesn’t believe in rules and think you can just do whatever you want.”

“You just don’t understand HOA laws.”

“You don’t appreciate your volunteer Board members doing a thankless job for the good of the community.”

“HOAs are not for everybody, and you agreed to the rules when you moved in. If you don’t like it, move.”

Your HOA circulates letters to each of your neighbors, using half-truths or blatant lies to discredit you.

The Board rallies together with a few of its allies, and bullies you at meetings.

The Board instructs the Manager and Attorney to start harassing you with violation notices, nasty letters, and legal threats. In extreme cases, they play the foreclosure card.

If you work in the Real Estate sector, you have probably encountered HOA bureaucracy, incompetence, shady practices, and nastiness emanating from some HOA Boards, Managers, or Attorneys. But if you speak up and criticize the HOA industry on any level, you are regarded as a heretic and a pariah. Your expertise and research is dismissed as invalid and not worthy of serious consideration.

In light of media reports of various HOA conflicts and horror stories, the public is assured that these are just “isolated incidents.” Americans who have never resided in HOA-Land assume they can simply avoid the problem by choosing to steer clear, or, believe that HOA residents are snobs who get what they deserve. In other words, they are apt to believe some erroneous stereotypes and misinformation disseminated by HOA proponents.

Let’s compare how Americans generally view critics of the following entities:

Insurance Companies: Probably one of the most universally hated industries in a America, insurance companies are notorious for raising premiums while cutting benefits, denying claims without justification, frequently making errors in claims processing, and dropping coverage when the insured needs it most. Critics are regarded as advocates for fair treatment of consumers, and elimination of fraudulent practices that cost Americans millions annually. The public generally believes consumers who report they have been unfairly treated or ripped off by insurance companies.

Banks and Financial Institutions: In the wake of the recent economic meltdown, and taxpayer-funded bail out of banks “too big to fail,” critics have had the ear of politicians in Washington. Lending standards have been tightened as a result of what most regard as exploitative predatory lending tactics. Economists who warned of impending implosion, once viewed as alarmists, are now regarded as Oracles.

Wall Street: Increasingly viewed by the majority of the American public as Elitists and Fat Cats who have historically exerted too much influence over Congress and Federal Policy. Critics are regarded mostly as heroic Whistle Blowers for exposing devastating manipulation of financial markets that resulted in the most recent deep recession.

The US Government: America distinguishes itself from most other nations in its promotion of free speech and the absolute right of each American to openly criticize government officials at all levels, from town council to the POTUS. Critics are viewed as a necessary check on abuse of power, and, in many cases, as true patriots. Americans generally agree that political leaders at all levels are out of touch with their constituencies.

So why are HOA critics dismissed and vilified, when they bring to light equally disturbing abuses of power, management that creates social discord, covert discrimination disguising as arbitrary “rules” to be followed, economic waste, consumer misrepresentation, and, at the very least, the epitome of pettiness?

It is high time our elected officials stop turning a blind eye to failed and obsolete land use and housing policies that restrict the rights and freedoms of almost 65,000,000 Americans. Further, our government leaders must recognize that short-sighted development policies enabling and requiring fundamentally-flawed privatized HOAs threatens to destroy the economic security of our nation, inundating the housing market with unsustainable corporate communities destined to decline and fail for lack of effective and ethical leadership.

All taxpayers must recognize that one in four Americans now resides in an HOA, that the industry may now be regarded as “too big to fail,” and that no one is totally insulated from adverse economic, political, and social effects of continued grass-roots conversion of communities from free democratic republics to corporate oligarchies.

Concerned? Please write or phone your state and federal legislators. Tell them you want all American neighborhoods that are governed of, by and for the People vs. of, by, and for Real Estate Developers and corporate interests.

Find your Federal Legislators:

http://www.opencongress.org/people/zipcodelookup

Find your State Legislators:

http://openstates.org/find_your_legislator/

 

The Way It Should Be Done

There’s no question that someone who intentionally neglects their yard or home should face some kind of justice. The big question repeatedly raised on this blog is where is the appropriate court of discipline? Should it be elected city or county officials whose job it is to maintain zoning codes? Or should it be a gang of angry neighbors who are given the right to fine, lien and foreclose on homes, often personally profiting in the transaction?

Lenoir City, Tennessee undoubtedly has its own share of covenant controlled neighborhoods. But it also has some pretty strong zoning codes, codes which Karen Holloway apparently felt didn’t apply to her. Her yard, of course, was a mess. Admittedly, it took the city too long to act, but when it did Ms. Karen was given a five day jail sentence. She cut loose with all the usual whining, “Not fair!” “Never read my rights or allowed a lawyer!”

Home ownership involves some personal responsibilities, and responsibilities to your neighbors. But Constitutional rights of home ownership involve Due Process and removing self-appointed neighborhood dictators from the equation.

Holloway’s story is linked below, and please come back to this blog to leave your comments.

(link to story on jail time for unmowed lawn)

Another Baffling HOA Embezzlement

Even after a forty year TV News career of reporting on the victims of crime I’ve never succeeded at getting into the heads of white collar criminals, why they do what they do, and why they’re seemingly unconcerned about the emotional and financial damage they do to their victims. They seem to think and act in a language I’ve never understood.

The Arbor Ridge Homeowners Association in Torrington, Connecticut has been socking away money to pay to rebuild roads that were poorly constructed by the original developer. But over a six or seven year term as president and treasurer of the HOA, it appears that 52 year old Roger Okenquist has been socking away money in his own personal account.

Torrington Police say the president/treasurer wrote more than 500 checks to himself, his wife and children, even though the Arbor Ridge HOA doesn’t allow that. How could someone not notice?

Some of these thefts are so old that the statute of limitations has expired. It’s possible that these victimized homeowners are getting exactly what they deserved.

“The price of liberty is eternal vigilance.” -Jefferson

(link to Torrington embezzlement)

 

Another HOA About to get Burned for Discrimination

The good news is that we’re beginning to hear of more and more cases around the country where the homeowner is winning against the HOA bullies. And one big source of those victories involves a Homeowners Association refusing to admit that it’s interfered with ADA laws. Even if you’re a powerful HOA, don’t try to smack down a federal agency that’s entrusted with protection of the handicapped. Still, the skulls of too many HOA board members and managers are too thick to beat common sense into.

We, here at Neighbors At War, are doing our best to keep the jackhammer fired up.

The latest case involves a family in Gilbert, Arizona, members of the Coronado Ranch Homeowners Assocation. Steven Vroman is confined to a wheelchair. His doctor recommended exercise like swimming. He built a small pool in his backyard, but then discovered that he had to be out of direct sunlight. His disease prevents his body from regulating its own temperature. And that could lead to a stroke. So Vroman put in a shade structure to allow his transition from the home into the pool without being subjected to the hot Arizona sun.

Well, the HOA board members, obviously feeling like they were taken advantage of, decided to put Vroman’s swimming pool project on hold, or as we used to say back in the days of telephone operators, “Put him on terminal hold.”

Month after month went by with no action on the part of the HOA. So Vroman has had to file a federal lawsuit.

A word to the wise at Coronado Ranch. You’re going to lose this one. You’ll spend a fortune in legal fees trying to jack this man around, and the federal courts will declare the whole lot of you to be losers. Total losers. You’ll have to pay Vroman’s legal bills as well. Then, sure as shootin’, you’ll each get his with a special assessment to pay for legal costs, damage awards and who knows what else. And you’ll each be getting a slap-in-the-face that all busy-body neighbors should have to endure.

http://www.azfamily.com/news/Gilbert-couple-suing-HOA-279380682.html

Love Those Happy Homeowner Calls!

guest blog by Nila Ridings
“Nila! This is Enock. WE WON!!!!”
Ward posted a blog with the video about Enock and Ines Berluche and their battle to keep their religious statues in their landscaping on September 30, 2014.
On this rainy day in Kansas hearing such a happy and excited voice just made my day! I asked if the legal fees were covered. Enock said Liberty Council provided their defense at no charge. That information added to the excitement of the phone call.
I promised to share this news with our readers in hopes it will provide renewed strength to those who fight these HOA battles. We are hearing from more homeowners that are winning their cases.
Tell me, are the judges getting wise to the antics of the HOAs? Are they seeing how ridiculous their bullying and abusing of the homeowners truly is? Something tells me they are.
Let’s hope this is the last time the Berluche’s hear from the HOA board. For now,
CONGRATULATIONS are in order.
Thank you for making my day, Enock!