Tag Archives: goonan

PR2 HOA reaches confidential settlement w/City House, Frisco, TX

guest blog by Deborah Goonan

Several weeks ago, I told you about a pending legal dispute between Plantation Resort 2 HOA vs. City House, a non-profit organization that assists homeless youths. Several months ago, City House purchased and remodeled a 5-bedroom home in PR2 HOA, for use as transitional living for young adults in need of a home. Shortly after the purchase, PR2 notified City House that it would not be permitted to use the home as intended, citing violation of its Restrictive Covenants.

Earlier this week, WFAA Channel 8 was notified that a confidential, out-of-court settlement has been reached. The video and transcript is linked below.

The dispute centered on PR2 HOA’s restrictions. The attorney for the HOA, Chad Robinson, had argued that the proposed use of the residence City House now owns – as transitional living for up to 8 young women that would otherwise be homeless – does not fall within their definition of “single family use.”  Monica Velazquez, attorney for City House, has maintained that “single family use” pertains to how the property is used, not the people who live there. City House planned to use the residence to meet basic housing needs of its residents, all of whom work and attend school, but share expenses for rent, utilities and meals.  The dispute was headed for court, where a judge would decide the matter.

But, in typical HOA fashion, a legal settlement has been reached, complete with a sealed file and a gag order. Rob Scichili of City House states that they have decided not to pursue the expense of litigation and to instead move away from PR2 HOA, where they are clearly unwelcome anyway.

Sound familiar? Ah, yes, the old HOA playbook: “We have rules here, and if you don’t like them, MOVE.” The HOA gets its way once again. Of course, with a confidential settlement, the public will never know the details of what was discussed by the parties involved. And that’s just the way the HOA likes it. I certainly hope that City House was at least able to recover its closing costs, remodeling costs, and relocation expenses.

Watching the video report made my blood boil. The arrogance of the two neighbors interviewed, with their not-in-my-back-yard attitude, was nothing short of outrageous, in my opinion.

Do all PR2 residents share these NIMBY views? Probably not, but they will all have to pay for the attorney fees and the legal settlement. They will all have to live with negative publicity for their HOA. Hard to say what effect that might have on their property values.

It seems like we publish at least one blog on NAW each week, featuring yet another story of HOA discrimination, harassment, or bullying. Talk about a huge deterrent for a buyer (or tenant) to living under the HOA regime. Anyone who cares about social justice, fair play, kindness, or compassion will be sorely disappointed under corporate governance by CC&Rs.

(link to WFAA Channel 8 news report on legal settlement)

The previous blogs can be found

Here http://neighborsatwar.com/2014/10/texas-judge-decide-meaning-family-hoa/

and here http://neighborsatwar.com/2014/11/judge-rules-frisco-city-house-can-stay-hoa-civil-case-pending/

Homeownership Rates Falling

guest blog by Deborah Goonan

 Last week the Orlando Sentinel published an excellent but concise article about the decrease in homeownership rates in Central Florida. The Sentinel reports that homeownership rates have slipped from 77% a decade ago to 66% in 2014, and at only 59% in newer neighborhoods built in the past decade.

Florida, and the Orlando Metro area in particular, suffered some of the highest foreclosure rates in the nation. So naturally, a lot of former homeowners with poor credit have now become renters. Large real estate investment firms have snatched up distressed homes at bargain prices, and turned them into rental properties. Owners interviewed for the Sentinel article lament the fact that their neighborhoods have seen a substantial influx of out-of-state landlords leasing to transient renters, and a decline in yard maintenance and property values. Large real estate investment firms have no problem paying fees for various code violations, as they collect healthy rental income.

Long-time permanent residents express concern over the lack of community cohesion, brought about by the stark decrease in homeownership rates – in some communities, reportedly as low as 37%.

Unfortunately, no public entity bothers to collect vital data specific to HOAs. Data encompasses homeownership in general.

But since the vast, vast majority of homes in Florida are in some sort of HOA – particularly anything built in the last 30 years – might we safely assume a correlation between a high percentage of HOA properties, higher than national average foreclosure rates, and lower home ownership rates in “newer” communities? You make the call.

(link to Orlando Sentinel article, homeownership fades in Central Florida)

 

 

Do HOAs make homeownership more affordable and create better communities?

guest blog by Deborah Goonan

Followers of this blog and anyone that follows real estate news will quickly notice that reality stands in stark contrast to Community Association Institute (CAI) rhetoric.

For readers who are unaware, “community association” is CAI’s official terminology for what the rest of America knows a Homeowners’ Association (HOA).

Time to debunk some proclamations made in CAI’s 2013 Statistical Review (link below), and repeated annually in their publications that tout “How and Why Community Associations Work.”

Let’s start with this one:

“Expanding Affordable Homeownership. There has been a persistent effort to increase homeownership in America, especially in underserved groups, such as minorities, women and immigrants, and in specific locations, such as urban areas. Almost from their inception in the 1960s, condominiums have tended to serve as lower-cost housing, especially for first-time buyers. This was especially true of early condominium conversions, in which apartment buildings were refurbished into condominiums. Without the construction and operating efficiencies inherent in association development and operations, affordability would be an even greater problem.”

Really? But here we are in 2014, with regional and national homeownership rates back where they were a decade ago. Most buyers cannot afford homes at current prices. If you have been following the blogs here on Neighbors at War, then you know that Florida, only high-end condos priced at approximately $500,000 and up, are under construction – most of them are snapped up by foreign investors in cash sales. Another 235 or so condominium projects have failed and have been terminated, most converted to rental properties, kicking over 17,000 condo owners to the curb after forcing most of them to sell at a fraction of what they paid for their units prior to 2007. You also know that lenders now avoid underwriting mortgages for condos and HOAs, due to high rental to owner percentages, underfunded Association reserves, and, in some states, the fact that mortgage holders risk losing their entire mortgage interest due to super priority lien status for HOAs.

All of these factors have eroded any temporary gains in affordability for buyers. When you add to the mix the fact that HOA assessments have increased significantly in recent years, well, that just decreases affordability of “community association” living even more.

And how about this bit of marketing hype and political puffery?

“Building a Sense of Community. We are, for better and worse, a highly transient society. Americans follow professional opportunities and other preferences from state to state. By their inherent nature, community associations bring people together, strengthen neighborhood bonds and promote a sense of community and belonging—attributes that are often overlooked. Many residents take advantage of community-sponsored activities, such as holiday events, social clubs, athletic and fitness activities, pool parties and more. These activities help residents get to know their neighbors and forge new, supportive friendships. Social opportunities exist even in smaller associations that don’t have the resources or critical mass to sponsor formal activities. Many Americans make enduring friendships by serving on association boards and committees and volunteering in other ways.“

If you follow national or state HOA news and issues on social media – or read print media, or watch television media – it becomes clear that there is a great deal of conflict in many “community associations.” We’ve blogged about unfinished subdivisions, abandoned condominium projects, and the growing percentage of absentee owners and renters that hardly result “neighborhood bonds” or “enduring friendships.” No doubt you have read about lawsuits and foreclosure threats over a flag in a flowerpot and access to financial records, disputes over lawn ornaments or service dogs for the disabled, threats and physical altercations at Board meetings, tens or hundreds of thousands of assessment dollars being embezzled, tenants and owners having their vehicles towed from city streets. It is common knowledge that many HOAs cannot find anyone willing to serve on their Boards. The list goes on and on.

Additionally, the NJ Supreme Court has acknowledged that CC&Rs do not protect First Amendment rights. And FHFA has objected that HOA super-priority liens divert taxpayer dollars to private communities.

Are HOAs really working to improve housing affordability and quality of life in American communities? Do they benefit American taxpayers in general?

Or are increasing reports of the struggles and strife of HOAs making a mockery of CAI’s glowing self-evaluation?

You be the judge.

How and Why Community Associations Work (Community Associations Institute Factbook)

 

 

How to be a Renegade in your HOA

guest blog by Deborah Goonan

In the festive spirit of the season, I thought it was time for a little HOA Humor. Here’s my list of how to have a little fun, stir up a bit of conflict, and make yourself infamous in the eyes of your HOA Board. Warning: could be hazardous to your health and your bank account. In the comments section, feel free to add suggestions of your own!

Paint your front door purple, without getting approval from the architectural control committee.

Leave your garbage can out on the curb more than 24 hours after trash pick up.

Swap out your thirsty landscape for a xeriscape. Or plant herbs or vegetables.

Fly the American flag, upside down, on a pole that is 6” too tall.

Display the wrong kind of plants or “unauthorized objects” in your flowerpot on your porch or patio.

Hang window coverings that are any color other than pure white on the side facing outside.

Allow children to play in the yard, and leave some toys on the front lawn.

Refuse to submit a DNA sample of your pet pooch.

Ask to see financial documents.

Insist that the Board get at least three competitive bids for contracts, instead of going with the same contractor, year after year, despite poor service.

And, finally, display the holiday décor of your choice, even religious symbols, inflatable snowmen, and blinking lights!

David Beats Goliath: Eminent Domain Land Grab Squashed!

guest blog by Deborah Goonan

Here’s more positive news for homeowners, just in time for the holiday season.

Residents of homes in Pleasant Ridge, Charlestown, Indiana, have good reason to celebrate this year. They fought City Hall, and won! A few months ago I blogged about the Mayor of Charlestown declaring the modest neighborhood of 345 homes “blighted” and planning to sell the land to a private developer. That would have meant all the existing homes would be razed to make way for new development of multifamily homes.

Institute for Justice has been working with citizens in a grass roots campaign to defeat the planned sale. It turns out that Indiana was one state that amended its eminent domain laws in 2006, in response to the well-known Kelo v. City of New London “Little Pink House” legal case. Indiana’s law now states that land cannot be taken and handed over to a private developer.

What do we take away from this story, combined with the recent news of the NJ’s Supreme Court’s decision to uphold free speech in common interest communities – a huge victory for HOA homeowners?

Grass roots pressure works, when properly organized. Our State Constitutions matter! States can strengthen their own Constitutional laws to prevent Developers and Real Estate corporate interests from exploiting loopholes and running roughshod over the interests of Ordinary Citizens. In both of these cases, it was legal advocacy – not political advocacy – that resulted in justice being served.

Local politicians in Charlestown fell in line when public pressure reached critical mass, with the help and guidance of advocacy group IJ, possessing legal clout and credibility to get the job done.

A tenacious retired prosecutor was determined to defend his rights. The ACLU in New Jersey stepped up to the plate, and submitted an Amicus Brief that blew CAI’s legal arguments out of the water.

Despite all of the political polarity we have in our country these days, note that positive changes are happening with bipartisan advocacy efforts – the “Conservative” Institute for Justice, and the “Liberal” ACLU.

When concerned Americans unite against injustice, in ways that are constructive, good things happen!

What are your thoughts?

(link to IJ news release: Largest Eminent Domain Land Grab Defeated