Tag Archives: HOA corruption

The HOA Tree Huggers

guest blog by Nila Ridings

Michael Crick of Bridal Trails HOA in Bellevue, Washington loves trees but not ones that are diseased or at risk for falling on his home and possibly killing his family. So, he obtained the proper permits and the city arborist determined the trees he marked for removal were correctly selected.

The cutting began and suddenly a dozen neighbors arrived, including the HOA president, Ray Reass. The number one tree hugger offered Mr. Crick the standard advice given in all HOAs. MOVE! That’s right, if you do not want to take the chance of a dead tree falling on your house and family just MOVE!!! And then she so politely says, “Good Day.”

I can relate to Crick and his tree issue. Next to my garage, on HOA common ground were two very old and very tall trees that started turning brown and dropping needles like rain drops. The HOA removed one tree, but I think it was done more for the purpose of the neighbors who video tape my every move. With that tree out of the way they had a much better shot of my bedroom window and driveway.

My requests to have the other tree removed fell on deaf ears and were ignored. I called an arborist who said it was diseased and a wind storm could blow it down. Being in the the direct line of west winds blowing,  my garage, kitchen, and living room would be destroyed should that tree have fallen. I would have lost two vehicles, my entire kitchen, and everything in my living room. I decided to check with my insurance company about my coverage. I was instructed to write a letter to the property manager letting him know since he was being paid to manage the HOA and had been made aware of the dead tree if it fell on my house my insurance company would pay for the damage, minus my deductible, and then sue him for payment.

Shortly after writing the email to the property manager, I left town for three days. Guess what was gone when I arrived home?

(link to KOMO story about dead trees)

 

Important in California… & Elsewhere!

 The 2013 Adams amicus curiae letter acknowledges that HOAs are mini-governments.

“As mini-governments, the state’s associations now lack clear policies for how boards participate in those elections, thereby making them vulnerable to litigation that ultimately is harmful to all association members. . . . A homeowners association is ‘a quasi-government
entity paralleling in almost every case the powers, duties, and responsibilities of a municipal government.’ (Cohen v. Kite Hill Community Assn. (1983).”

PLEASE READ, SEE ATTACHED, & CALL YOUR ASSEMBLY PERSON!!!
“NO!” on AB1799  The Floor Vote is Thursday/ CALL TO ACTION!
CAI – the Community Associations Institute – REALLY wants
AB1799 to get voted off the Assembly floor on Thursday.
Today it issued a CALL TO ACTION asking CAI members to
“fight the opponents of AB1799.
Homeowners need to push back on this bill with their own
CALL TO ACTION! 

Why does CAI want this bill so much…?

Because the legislation would give boards the power to
decide (1) who can vote and (2) who can run for office and
(3) to cancel elections altogether.

CAI and the property managers (CACM) have “framed”
AB1799/Mayes as legislation that will save associations
money.

The two trade groups HIDE the fact that the bill
actually gives INCUMBENT boards total control over
elections.

This is like giving a city council or county supervisors –
or the California Legislature – the power to decide who
can vote and who can succeed them in office.

This is the THIRD ASSAULT that CAI and CACM have made on
the “Fairness and Integrity in HOA Elections Statutes”
(Civil Code §§5100 et seq. The other two assaults were in
20013 and 2014.)

Yes, CAI – the same organization whose lawyers fought the
Wittenberg decision all the way to the California Supreme
Court.

Homeowners will remember Wittenberg: this was the 2013
California Appeals Court ruling that associations SHALL
give dissenting homeowners equal access to association
media (newsletters, bulletin boards, website, dedicated
cable channel, etc) to present their opposing views.

In Wittenberg, the association wouldn’t even let the
homeowners RENT MEETING space to discuss their opinions.
[The election was later invalidated by the lower courts.]

CAI’s Adams Kessler and 20 other law firms – who are all
members of CAI — petitioned the California Supreme Court
to overturn the Wittenberg ruling. [The Supreme Court
refused.]

The Adams Kessler petition is posted on the CCHAL website
here:

http://www.calhomelaw.org/PDF/Adams%20Kessler%20petition%20to%20Sup%20Ct%20re%20Wittenberg.pdf
The letter signed by the 20 association law firms is
posted here: http://www.calhomelaw.org/doc.asp?id=1593
[Read the list to see if your association’s lawyers
signed the petition to overturn Wittenberg.]AB1799 is a bad bill. So says advocates for homeowner
rights:• the Rutgers Constitutional Law Center;
• the California Alliance for Retired Americans (CARA);
• the Center for California HOA Law (CCHAL.)

A homeowner’s RIGHT TO VOTE is created the moment s/he
buys an association home just as a new citizen acquires
voting rights the moment they’re sworn in as a new
American.

Don’t let CAI and CACM get this bill off the Assembly
floor.

CALL YOUR ASSEMBLY MEMBER AND URGE A ‘NO’ VOTE ON AB1799
WHEN IT IS VOTED ON THURSDAY ON THE ASSEMBLY FLOOR.

Don’t know who your Assembly Member is?

Go here to find out:

http://findyourrep.legislature.ca.gov/

PHONE THE SACRAMENTO OFFICE (NOT THE DISTRICT OFFICE) AND
IDENTIFY YOURSELF AS A VOTER IN THE DISTRICT AND URGE A
‘NO’ VOTE ON AB1799.

Beware, Beware, Beware!

Condo owners in a Cleveland suburb are suing their condo board because it hid the fact that the building needed millions of dollars in repairs. Recent buyers were told nothing about the massive repairs needed to keep the building from collapsing. It’s just another reason why more and more millennials are learning to rent…not own.

(link to expose’ of yet another failed HOA)

 

 

Fraudulent CAI!

Longtime journalists know they’re never supposed to use the word, ‘fraudulent.’ Unless they can prove it.

The current CAI survey put out by Frank Rathbun and Tom Skiba, heads of the Community Associations Institute, is FRAUDULENT! How they’re able to get a respected polling agency like Zogby is beyond my comprehension. Line by line this poll is fabricated. But money buys anything. Zogby should be ashamed. CAI isn’t about building better communities. It’s about keeping the cash flow going. Keeping the lawyers well-fed. Hiding the amount of embezzling going on in Homeowner Associations across the country.

Hey! That brings up an idea for Frankie for next year’s poll! (Pay attention, Zogby!)

What percentage of HOAs have lost money to embezzlers?

How many board members and HOA managers have been hit with criminal charges?

How many homeowners have lost their life savings by buying an HOA home?

How much money has been made by CAI members who lie to the IRS and say they’re tax-exempt?

How many homeowners say they’ll never live in another HOA?

How many homeowners think of the name, ‘George Orwell,’ whenever they think about Homeowners Associations?

Egads, there are too many such questions to list here. I’m going to bed.

 

Deborah Goonan’s Look At C.A.I.

guest blog by Deborah Goonan    Independent American Communities

Community Associations Institute (CAI) just released 4 White Papers, Community Next: 2020 and Beyond. The reports are a product of 4 separate hand-chosen panels. For the most part, CAI’s talking points rehash the same old mission. In CAI’s words:

CAI and its chapters—will always be focused on maintaining and improving property values and making communities preferred places to call home. That means collecting assessments, enforcing rules and restrictions, providing quality leadership and more—no matter what external forces influence associations.

Nothing new there. But there are a few new elements to CAI’s political agenda.

Take, for example, the “External Influences Panel Report”
https://www.caionline.org/AboutCommunityAssociations/About%20Comm%20Assns/CAI%20-%20Community%20Next%20-%20External%20Influences%20Report.pdf
Here’s an excerpt:

Influential Stakeholders and Organizations
Association leaders also will need to work closely with influential
stakeholders and organizations, such as developers, real estate agents
and mortgage lenders. The National Association of Homebuilders,
National Association of Realtors and American Bankers Association
exert an incredible amount of influence over development, sales and
mortgage lending for homes in community associations. AARP, with its
large and active membership and powerful voice, also impacts the
success of associations. CAI will need to engage these organizations
to ensure common-interest communities continue to be considered
preferred places to call home.

In my opinion we do NOT want CAI strengthening its ties to NAHB and
NAR and mortgage lenders, nor aligning itself with AARP!

This white paper (and three others) written by CAI, I believe, is
partially a matter of damage control. CAI acknowledges negative public perceptions of Association Governed Developments (HOAs), even though they are not yet willing to admit that their grand utopian community model is plagued by fundamental flaws.

But it’s becoming clear that NAHB is less interested in building new condominiums (except for luxury condos) and is making its case for suburban rather than urban development. That’s clear from NAHB’s recent surveys and news releases. Developers’ agendas are not the same as CAI’s. They want to sell homes and avoid liabilities and litigious environments. They distrust owner-controlled associations, with good reason.

Mortgage lenders are rip-roaring mad about the priority lien debacle in many states, and they are becoming more skeptical when it comes to underwriting mortgages – especially for association-governed multifamily housing — concerned about assessment delinquencies and other financial risks.

We just recently purchased a single family home (no HOA), with a 15-yr fixed, 20% down mortgage from a major financial institution. Very low risk for the lender. The mortgage includes several key provisions and clauses to protect the lender’s interest when a home is governed by an owner’s association – such as reserving the right to require HOA assessments to be collected in escrow. It doesn’t apply in our case, but it was enlightening to see
this language inserted in the mortgage.

We even had to sign an affidavit that said our home purchase is for a primary residence.

I believe most Realtors are still relatively uneducated about Association Governed developments. In my new home state, real estate agents that seem to be “in the know” happen to own land and/or property that they develop into some sort of HOA! Others ally themselves with HOA developers and serve as exclusive agents for those developers. The rest have minimal knowledge about HOAs, Condo Associations, and spew CAI’s usual talking points about property values and maintenance-free lifestyle benefits.

This must change.

But the most disturbing part of this white paper is that CAI is targeting AARP – a consumer organization – as an “influential stakeholder” and positioning itself as a consumer protection group. That is downright sleazy, dishonest, and completely outrageous.

CAI is a trade group interested mainly in improving its professional reputation and enhancing business opportunities for its members. In their own words, CAI’s leaders cling to their core mission of “improving property values” and “enforcing rules and restrictions.” There is no mention of improving social values, enhancing quality of life, or creating a true sense of community. None of those values can be measured in dollars. Bottom line, CAI is not working for the Greater Good.

#ValueMyRights