Tag Archives: HOA Abuse
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.
Wilbur Wins!
guest blog by Nila Ridings
I am so happy to share this wonderful news from Rori Halpern. She is the mother who fought long and hard to keep the family’s pot-bellied pig for her sons.
“Long day for all involved. We are beyond elated to say Wilbur Bacone will remain forever in our home, continuing to bring joy and happiness to all. Due to confidentiality agreements between both parties we cannot share details. The only thing that matters is that we can keep our boy without anymore worries. Thank you from the bottom of our hearts to all who came forward in support of us. We love you all.”
It is no surprise that the notorious HOA “gag” order has been placed on the Halpern’s. Typical HOA style when they lose a legal battle. We know in this case they did lose because Wilbur is staying put. I sure hope the judge awarded the Halpern’s reimbursement for their legal bills and punitive damages for their pain and suffering.
Who wants to take a guess at how long it will be before the next HOA sues a homeowner over a pot-bellied pig? My guess: at least one more before the end of the year!
Due process? Fugeddaboudit!
guest blog by Robert E. Frank, USAF (Ret.)
founder, HomeOwnersCoalition.Org & veterans advocate
John Tarlton likes the idea of due process, but seems to think something like 3.4 would be too costly for small organizations. It says: “4. The parties may present witnesses and all witnesses shall be subject to cross-examination by the opposing party and may not, without the consent of all the parties, be present when other witnesses are testifying except for the alleged violator who may be present for the entire hearing and may testify if he or she so chooses.”
Really?? Too costly to ensure fair challenges and cross examination to possibly false statements by someone in the hearing process (including directors, CAMs, etc.) who wish to do possible harm (minor or extreme) to a member? While false statements might be innocently made in board hearings, under no circumstances should they be allowed to stand. Our nation allows rigorous challenges against false witnesses, and justice demands nothing less.
I believe competent association managers and/or volunteer directors can figure out low-cost ways to protect the vital interests of both members and the association without violating something as basic as the “right” to challenge false witnesses and expose “possible criminal violations” by false hearing statements. Regardless, if the rule is worth enforcing, and the member violation is worth charging, the board’s cost of defending the accuracy and appropriateness of the charge is an unavoidable cost.
I say possible criminal violations because the outcome of most board hearings is cash coming out of the pockets of members. Any submitted/accepted false witness statements by anyone in the hearing process could be grounds for various types of common criminal statute violations including theft, extortion, etc.
Having personally seen false claims being accepted by boards against innocent members that resulted in arbitrary/unfair hard cash penalties and sometimes extreme impacts against out-of-favor members, I cannot imagine why industry professionals would tolerate policies for such to be created or allowed to exist in any developer-sponsored CC&Rs. Protection of all due process rights could/should be embedded in every CC&R.
Judgments by HOA/Condo Boards must ALWAYS be seen as done fairly, justly and above board. We professionals must demand nothing less than EQUAL justice for ALL members–not just the favored few.
And, IMO state legislatures are derelict in their duties if they allow CC&Rs to contain provisions where the basic due process protections for all owners and other occupants are not guaranteed.
Individual rights MUST prevail in this nation–EVEN in HOAs and Condos. The majority cannot be allowed to overrule such individual rights to protect property and freedom. It is embarrassing and deeply troubling when so many of the professionals in this HOA/Condo business are able to look the other way and ignore this major flaw in our governance practices.
Since the costs of operations are borne by, and benefit, all members, failing to protect all due process rights for all individuals under CC&R governance rules is indefensible–in my view.
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This situation should remind us of Patrick Henry’s passionate demand for liberty or death…. Our personal property rights have been “taken” and we have no choice but to reclaim them for our survivors in the future.
What Happens When Government Fails to Ensure Quality Construction in HOAs?
guest blog by Deborah Goonan
Does your HOA have problems with shoddy construction or defects in common areas such as roads, storm water drainage, street lighting? Did your developer fail to deliver what was promised at the time of sale?
If so, you’re not alone. Check out the video reports linked below. Hidden Lake Estates HOA in Sherwood, Arkansas, has issues with poor drainage, causing owners’ yards to flood every time it rains. At Stone Hill Estates HOA in Durham, North Carolina, the Developer has left roads, sidewalks and storm water drainage systems unfinished for several years.
Owners from both HOAs have appealed to city leaders to help resolve these issues. In both cases, the Cities initially balked at getting involved. However, one council member from Sherwood has called for an investigation into storm flooding at Hidden Lake, and a judge in Durham recently ruled that the City help pay for unfinished work at Stone Hill. Protracted battles will likely continue. These are just two examples, but this is becoming a common problem all over the country.
Who’s responsible, and who should pay?
During the building boom of the last decade, plenty of planned developments and condominiums were hastily approved and built to keep up with growing buyer demand. Additional contractors were hired, and some of them lacked sufficient skills. When the dust settled, problems began to appear.
It’s clear that architects, design engineers, and developers ultimately bear responsibility for the quality of their work and that done by their construction crews, but the obvious unasked question is:
What is government’s role in development of HOAs and prevention of poor construction?
Local development and planning commissions have responsibility for issuance of construction permits, establishment of building codes, inspection of work at various phases in the project, and issuance of occupancy permits upon successful completion. In many cases, additional state and local agencies, such as the Department of Environmental Protection also play a role in ensuring development meets health and safety standards.
As taxpayers, we expect our local government agencies to ensure that our homes and major infrastructure of our communities are built to a standard of safety and reasonably sound quality. Unfortunately, as evidenced by thousands of construction defect claims in the past decade, local planners and inspectors quite often fail to do due diligence before, during, and following construction.
Why? Perhaps it is because city or county staff does not have to maintain HOA infrastructure or Condominium buildings. Therefore they are not overly concerned about quality of design and construction, and ease of maintenance.
Worse than that, sometimes our local elected officials undermine quality control policies.
Take the Lakewood City Council of Colorado, for example. (see link) The Council wants to enact an ordinance that would make it easier for Developers to avoid litigation of construction defect claims with HOAs. If passed, the ordinance would reduce rights that currently exist under state law, making it more difficult for HOAs to sue.
Supporters of the City ordinance claim that current state law makes it too easy for owners to sue Developers, drives up the cost of insurance, and makes it unfeasible to construct additional entry-level condominiums for millennial buyers.
So let me get this straight: Lakewood City Council wants to make it easier for developers to avoid liability for shoddy construction, in order for the Mayor and Council to entice Developers to build more Condos (with HOAs). No doubt, the city government’s goal is to increase its tax revenue base, with minimal impact to the city budget. But at what cost to taxpayers and consumers?
In all fairness to Lakewood City, local government politicians in cities and towns all across the nation have adopted a similarly misguided stance.
Dare I say, depending on the politics of local government, committees that vote to approve new construction projects can have cozy family or business ties to real estate developers and to investors?
Attorneys representing all sides of ensuing controversies – developers, engineers, construction companies, HOAs, owner groups in HOAs – are the only clear winners when local government fails to prevent shoddy or unsafe construction in the first place. Owners of HOA properties often find themselves stuck with unresolved problems, damages to personal property, uncooperative Boards, special assessments to cover fees for attorneys, and possibly even higher property taxes.
In HOAs, owner financial responsibility for common areas often leads to common headaches.
(link to video of defective drainage in Sherwood, AR HOA)
(link to video of unfinished development, Stone Hill HOA, Durham)
(link to article on proposed Lakewood, CO ordinance)
Damn That Old Timed Religion!
There’s nothing that angers an HOA board or management company more than the discovery that a homeowner believes in Jesus or the Virgin Mary. Well, I take it back, any expression of belief in Judaism also pops their gaskets.
Enock and Ines Berluche, a couple in the Shingle Creek Reserve in Kissimmee, Florida have been battling their HOA over the past year because the HOA says it doesn’t allow yard statuary. You couldn’t tell that by driving through the neighborhood, of course. Lots of homeowners violate the “no yard art” rule with garden frogs, cherubs and statues of Greek goddesses showing (can I say it?) bare boobs. There was even an ‘illegal’ fountain on the lawn of the HOA president.
But when a new homeowner requested permission to put up small statues of The Virgin Mary and Jesus they were denied.
After media publicity and threats of discrimination lawsuits the Shingle Creek Reserve board finally got religion. They reversed themselves and allowed Mary and Jesus to stay. The only tragic part of the story is that the couple had to spend thousands of dollars in legal fees just to assert their rights. But that’s the story with most HOAs. It’s not about the rules or rights. It’s all about harrassment and humiliation of homeowners who don’t toe the line.
(link to statuary story on WFTV, Florida)
