Tag Archives: HOA Blogs

Listen, As Never Before!

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guest blog by Robert E. Frank, Colonel, USAF (Ret.)
Founder, HomeOwnersCoalition.org & Veterans Advocate

On American Independence Day 2014, is it time to implement “Equal Justice Under The Laws” For HOA & Condo Owners?” Are legislatures willfully violating our citizen rights? If so, why?

Are the following not true?

– Federal Laws require all states to comply with the US Constitution as the Supreme Law of the Land.

– States are required to support and defend the US Constitution when passing statutes and implementing regulations.

– States, counties and cities are required to support and defend the US Constitution in their statutes, regulations, rules, codes, etc. that bind all citizens.

– Local government rules, regulations, codes, etc. establish the controlling concepts and limitations in CC&Rs for when, how and by whom Homeowner and Condo Associations are established, maintained and how the property owners are governed in addition to standard government restrictions.

– So, why can the state and local government authorities legally allow developers to implement CC&Rs that violate the Constitutional rights and protections of HOA and Condo property owners? Is this not morally deficient, if not exactly illegal?

– Is this not a clear case where the government is violating its own agreements and mandates to “EQUALLY” support and defend the Supreme Law of this Land for all citizens?

– Does claiming that because HOAs and Condos are created as special, quasi-governmental corporations there is no moral or legal obligation to protect all citizens equally under our Supreme Laws stand up to even plain old common sense arguments?

– How can state government authorities, on one hand, rigidly control the creation of property and the associated governance regulations and rules of HOAs and Condos; but, on the other hand, (much like the Pontius Pilate of the Bible) ignore the fact that they are directly aiding and abetting the conscious denial of equal justice under the laws for HOA and Condo owners?

On American Independence Day, please explain why such crass injustice can be tolerated and ignored by so many in this industry?

Why won’t every single one of you Americans reading this topic stand up and demand “equal justice under our laws” for HOA and Condo owners?

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How Can We React?

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It has dawned on me several times over the past few years that HOA outrages are most often reversed when a rogue HOA gets a ton of phone calls and email from angry people across the country. If you know that you, as a board officer or manager, are being watched by the whole country, you might be a little less rotten to your neighbor. In a well publicized case where an HOA official’s viciousness is widely publicized, would that official be more willing to step back and mull over the action he or she is planning to take? Certainly, when you lift up a big rock the vermin tend to scatter in the light of day.

We currently have more than 31,000 people regularly reading this blog. That means an army of folks in every state. Should we begin publicizing home phone numbers, HOA phone numbers, email addresses and management phone numbers whenever we hear of the actions of a rogue HOA board?

I’d like to hear your thoughts publicly or privately. And if we ever began such a policy it would require your help to look up and verify any numbers or addresses of those we publicize.

Your thoughts?

Ugliness Over Wittenberg Decision

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The knives are out for homeowners in California after the historic Wittenberg v. Beachwalk court decision. The Court of Appeals ruled that Homeowners Associations MUST PROVIDE equal access to all means of communication if an HOA takes any kind of advocacy position for a board candidate or change in HOA rules. After 24 of California’s top HOA law firms pleaded with the courts, they were set back on their heels. The Court of Appeals essentially told the law firms to ‘get lost.’

But don’t think for a moment these out-of-control boards will take it sitting down. These ruling elite make hundreds of millions of dollars a year in legal fees for fining and suing homeowners over such incredibly petty things as parking a car on the driveway ten minutes after the mandated deadline.

A number of HOA boards and websites are now referring to homeowners as ‘dissidents’! In other words, if you want to run for a board position, or you want to stop your board from making outrageous tyrannical decisions, you’re a dissident. If you remind a board that it’s in violation of the law established by Wittenberg, you’re a dissident. If you just want to be left alone, you’re just a lowly dissident.

Arrogance.

There’s no other word to describe these rogue boards.

Sadly, Wittenberg doesn’t create a precedent for the 49 other states. But it does create a wonderful roadmap.

(click here for Wittenberg decision)

 

 

Hoo, Boy! Here’s The Next Lawsuit!

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Those Southern Mississippi boys shore know how to screw up a state!

The new community of Diamondhead is holding its first city election. The law allows political signs to be placed anywhere except city property. But the Diamondhead Property Owners Association doesn’t allow any political signs either. Unless you’re a Republican. Mayoral candidate Carl Necaise put his political signs out in the yards of people who weren’t actually in the POA. And he’s ordered his opponent’s signs removed because they happened to be in the front yards of people who actually are POA members.

The CC&Rs in Diamondhead also prohibit solicitation. Any homeowner who puts out a political sign or goes door-to-door faces a $100 fine.

Dang!

It sounds like a hundred different variations of ‘illegal.’

But that’s how a political machine operates.

Just grease the skids and git-outa-the-way!

http://www.sunherald.com/2013/04/06/4575951/covenant-overrules-diamondhead.html

 

“One Small Step For A Man, One Giant Leap (still to come)”

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Wow! Jan Bergemann, you are somethin’ else! I didn’t think your proposed legislation had a ghost of a chance of even getting out of committee. But Jan, my brother, you have accomplished a miracle. Just remember it’s only a small step, and you’re up against a massive HOA tort industry that will do anything in its power to ruin you, your reputation, your health, your bank account. Remember, you’re threatening the income stream of a very powerful and unscrupulous monster.

But you are among a small handful of pioneers who opened the eyes of many of the rest of us around the country. We all owe you a debt of gratitude. Of course, we know and you know that you’ve got a big red target on your back.

Those of you who’d like to read the progress and the text of Jan’s proposed Florida reform legislation, it’s linked below.

http://campaign.r20.constantcontact.com/render?llr=99asbrdab&v=001PAHSyKgq2Iq97r8N_9ppO1dwdqJSFmw_AolLy6KxC7oRT38uuDvHhB18C0poQ7wX8fZnNwKErzSWQxtLNTHsRahyAldp-aluI_tbop7rEJp-xT3Hehp-YgI263W39r0hSS3cqzw8jBE%3D