Tag Archives: HOA Abuse

Smoker’s Rights? Not In The Constitution, Buddy!

A man in a Naples, Florida condo is steaming over his Homeowners Association voting to ban smoking on the front porch. He smokes cigars on his lanai. But under the new rules he’ll have to take his stogie indoors.

I understand his concern about personal rights, but he’s actually getting off pretty easy right now. Across the country the courts have ruled that HOAs can also ban all smoking indoors!

There are some well-recognized court cases including one in Jefferson County, Colorado where condo and townhome owners have complained that cigarette and cigar smoke seeps through walls and becomes an annoyance to others. In Naples, smokers are being ordered to take their habit indoors, while elsewhere in the country they’re being ordered to go outdoors. Whether they like it or not, smokers are discovering that the world is turning against them.

I’m not for or against the new laws, just an observer.

(link to FOX4 story on smokers)

http://www.jrn.com/fox4now/news/HOA-bans-smoking-at-Naples-condominium-255023971.html

Blondie & The Bimbo, “Back in the Saddle, Again”

guest blog by Dave Russell 

The news this past weekend was shocking! Blondie Brewer signed Senate blondieBimboBill 1482 which prevents property owners from screening potential renters in Homeowners Associations. 

This controversial bill essentially eliminates crime-free programs in HOAs. It banishes criminal background checks on renters, and will allow criminals to move in right next door to your family.

Gal-Pals & Realtor chums Rep. Michelle Ugenti & Senator Gail Griffin plotted a sneaky scheme to bully their HOA legislation through. And they totally snowed fellow lawmakers into passing it.

Homeowner advocates are lining up at the courthouse to file their lawsuits to block SB 1482. As a community manager in Mesa, Arizona, I have now filed my own lawsuit to block this bill from becoming law.  I believe there are serious Constitutional issues with this legislation. 

The Stakeholders of this bill, none of whom were actually homeowners, told the Legislature that SB 1482 wouldn’t affect crime prevention programs. They’re dead wrong.

This same sneaky legislation slipped its way through last year. Rep. Ugenti hid it by tucking it away in a campaign finance bill. It was deemed illegal because it violated the state constitution and it was thrown out by the courts. 

Do Blondie Brewer and Bimbo Ugenti just not care about the safety of folks and their children who live in HOAs?

(CBS5 TV story on controversial law)

(link to Dave Russell’s lawsuit)

 

 

Found: More Petitions Against HOAs

guest blog by Nila Ridings

I’ve learned some additional information and wanted to share it with our readers.
 
Go to www.petition2congress.com and  type HOA in the “search” box.  There are numerous petitions demanding attention from the legislators regarding the subject of HOAs.  
 
One petition started by a person in Nevada declared a hunger strike!
 
On another note, today, I received an email from a gentleman named Nathan Cline.  He said, “I would sooner jump into a river of molten lava than move into a house with an HOA.”
 
Nathan, the molten lava would take you out of your misery a whole lot faster.  Living in an HOA is a slow and painful death to the body and bank account.  It’s so refreshing to hear yet another person refuses to suffer in an HOA!
 
www.petition2congress.com
 

Very Personal… On Easter

In the past I’ve told my friends on this website about the sacrifices my dad made fighting with the 3rd Armored Division in France and Germany. And I’ve told you that I have five family members buried in Arlington. But I’ve never told you the following story because I didn’t know it until three weeks ago.

My dad was commanding one of General George Patton’s tank battalions in the last months of World War II when a German soldier fired a bazooka from the upper floor of a chalet in the town of Kaiserslautern, Germany. Dad, who had massive head wounds and extensive brain damage, was taken by the Nazis as a prisoner of war. How he got out is a story for another day. But he survived and after a long battle with Alzheimer’s he died in 1997. The basic facts are in his seventy year-old military and medical records.

Just a few weeks ago a close friend discovered that many graves in Arlington have their own websites. I never knew that! But it gets stranger, still. On my dad’s website is a poem posted by my younger brother several years ago. On this Easter Sunday I would be an irresponsible son and a horrible brother if I neglected to re-post it for you.

 
                               PASSPORT

Dedicated to LTC Edward D. Lucas, Jr.  1915-1997
 

Daddy was a soldier in 1942,

A quiet man who never told of all that he went through.

But this fading soldier was dying in his bed,

While memories and battle wounds made war inside his head.

“A stamp is all I need. A stamp is all I need.”

His circuit board had failed him. He prattled as he went.

We heard his words but no one understood just what he meant.

“A stamp is all I need. A stamp is all I need.”

 

Now some think there’s a Heaven for heroes who pass on,

Who give their lives for God and country until God calls them home.

But Daddy seemed to know that he’d never get that far,

Until Somebody put the perfect stamp upon his heart.

 

“A stamp is all I need. A stamp is all I need.”

It was January when it was time to die.

They knew my Dad would pass that night,

But I could say, “Goodbye.”

 

His eyes were glazed and fixed upon the passport by his bed.

And finally I understood the countless times he said,

“A stamp is all I need. A stamp is all I need.”

 
As his light was fading, and I looked into his face,

Some mysterious visitor had stamped his passport with Grace.

By Gregory D. Lucas  Son of LTC Edward D. Lucas, Jr.
Added: Dec. 10, 2011

(link to Arlington gravesite)

 

This Bubble Will Burst

If you wanted to sell your home in a Homeowners Association, what would be a best case economic scenario for you and your prospective buyer? You’d want that buyer to be able to get a loan, right?

If you wanted your home to be more marketable, you’d want your HOA to seem less litigious, right?

If you wanted a quick sale, you’d want all HOA homes to be owner-occupied, right?

And to get top dollar for your home, you’d want no vacancies in the neighborhood, right?

Well, let’s toss a monkey wrench into the machinery and see what happens.

The housing bubble that popped in 2008 and 2009 led to a huge number of foreclosures as mortgage companies tried to limit their losses. It also led to more Homeowners Associations liening and foreclosing on homeowners who got behind in their dues. The typical HOA has a super-priority lien on all homes within its borders. That means that when the homeowner gets a few hundred bucks behind on his mortgage, the HOA can grab that property and auction it off at the nearest courthouse for a few thousand bucks. The HOA gets paid, the mortgage company does not. And that means the mortgage company gets screwed out of the entire value of its loan.

Now, suppose you’re an executive in a mortgage company. If you know that a certain neighborhood is in crisis, i.e., foreclosures, lawsuits against owners, a high number of vacancies, a high number of rentals, and the HOA doing its own foreclosures through super-priority liens, how willing would you be to offer mortgages to would-be buyers?

Thought so.

If you happen to be the homeowner who’s trying to sell a home in a neighborhood where no potential buyer can get a loan from traditional lenders, what do you do? You lower your price, lower your price, lower your price, lower your price.

And the housing bubble bursts. The economist linked below thinks the housing Armageddon is coming.

(link to the coming housing bubble)