The Homeowners Association movement is rife with hypocrisy. This truth was demonstrated in a recent Illinois Supreme Court case, Spanish Court v. Carlson. The Illinois Supreme Court has made some goofy decisions on HOA issues in the past, but this one was spot-on. It essentially ruled that homeowners can withhold dues if the HOA isn’t fulfilling its contractual obligations to homeowners.
Community Associations Institute (CAI) makes billions of dollars by pretending that Homeowners Associations are exempt from annoying and petty requirements of the U.S. Constitution because they’re not real governments. They’re private non-profit corporations.
On the other hand, CAI argues that it needs the right to break into private homes to force homeowners to pay dues (taxes). And just like government, it needs to collect dues (taxes) to pay for common amenities, even if it fails in its contractual duties to maintain those amenities. Wild, huh?
Arizona’s HOA expert, George Staropoli, has an excellent analysis of this ‘friends of the court’ brief filed by the CAI. It’s a quick read, but important. It potentially means that the CAI’s hypocrisy is finally being recognized.
Please, please, take a few moments to consider George’s post.
Then, tell everyone on your email list to read it as well. It looks like some homeowners are actually beginning to win back some of the Constitutional rights they’ve lost to the national HOA scam.
BTW, be sure to click on the link at the bottom of George’s post. It’s a more in-depth analysis of the Illinois decision.
Don’t think for a moment your HOA has any sympathy for your religious views. Across the country there’ve been plenty of homeowners who were forced to shut down their Wednesday night Bible studies because it meant one too many cars parked on the street or the driveway.
In Katy, Texas, a young lady named Meagan Schmidt joined a church a few months ago. She says the church changed her life so much that she wanted to tell others. So she put up a small sign in her yard that said, “Journey Church.” But the Highland Creek Village Homeowners Association says it’s a commercial sign and blatantly violates neighborhood covenants.
The young lady is resisting and even tried to explain her side to the board members. They shouted her down. Now it’s fines and liens and pending lawsuits. The HOA has even cancelled pool permits for the family’s kids.
In days of old, Texans would have resorted to six-shooters at sundown. These days it’s all about shaming the kids until the parents submit.
Highland Creek Village HOA. Another one to avoid like the plague.
Well, I’ve been predicting for months that George Zimmerman would never get convicted in the murder of Trayvon Martin. At the most, I’ve been predicting a hung jury.
Folks, now I’m not so sure I was right. It turns out that Zimmerman’s defense attorney is dumber than a box of rocks.
From many media sources quoting the opening statements, Zimmerman’s lawyer started with the following knock-knock joke:
“I know how this may sound a bit weird in this context under these circumstances. But I think you’re the perfect audience for it as long as you — if you don’t like it or find it funny or appropriate, that you don’t hold it against Mr. Zimmerman, you can hold it against me. I have your assurance you won’t? Knock, knock. Who’s there? George Zimmerman. George Zimmerman who? Alright, good, you’re on the jury.”
The jury didn’t laugh.
Zimmerman, I’m telling you now. Your attorney is the biggest loser on the block. You’re facing second degree murder charges, my friend. You’re facing years in the slammer. The facts may ultimately show that you were actually on your back defending your own life when you fired that gun, killing Trayvon Martin. But the jury won’t remember any of those facts. They will, however, long remember that knock-knock joke. Zimmerman, my man, fire your lawyer and start representing yourself. You couldn’t do much worse.
Homeowners Associations everywhere should be trembling at the thought of the kinds of lawsuits they’re going to be facing. If Zimmerman is convicted, it’ll be a national symbol of the disgrace known as Homeowners Associations. It’ll be a symbol of the reality that people living in those precious gated communities are living under a false pretense of security. Zimmerman’s HOA has already paid out at least a million dollars to settle a wrongful death lawsuit.
If Zimmerman is found not guilty, he’ll have all the excuse in the world to sue his own HOA for not supporting him in his time of need. After all, he was the neighborhood watch captain. If he’s found guilty, then every HOA in the country will become a magnet for lawsuits.
Regardless of the outcome of this case, it’s going to be a grim time to be a member of a Homeowners Association.
I recently spent eight long days in Wichita at the federal courthouse observing the pre-trial hearing of an HOA lawsuit where a Homeowners Association board member attacked and severely beat a homeowner with a crow bar! These six photos, taken at the hospital, show the viciousness of the attack.
It seems the homeowner discovered work being done on a neighbor’s condo that also happens to belong to the mother of an HOA board member. While others had been on a long waiting list to have their work orders completed, the board member opted to make his mother’s condo top priority over everyone else. The homeowner took his camera and phone to the nearby common area and proceeded to document this “special treatment.”
The board member saw him taking pictures while looking out his condo window, grabbed a crowbar from his garage and started clobbering the camera holding homeowner. The homeowner did not fight back. Obviously, one man was taken to the hospital by ambulance and the other went to jail!
Surprisingly, the District Attorney declined to press charges. The injured homeowner proceeded to file a civil suit in federal court. And as bizarre as this sounds, the HOA members, not their insurance company, are paying all the legal bills because the board member claims his actions were part of his “official duties” as a board member. The legal bills are already estimated at more than $200,000 and the case hasn’t even gone to trial yet!
The homeowner who was beaten began sending emails expressing his anger and frustration with the board of director’s conduct. He did not send any to the defendant. He admitted to the judge that it wasn’t one of his better moments when he attached the somewhat crude “Revenge Song” by Miles Betterman. The HOA board’s legal team actually played that YouTube song in the courtroom, claiming it amounted to a “death threat” to a board member. Give me a break!
The board is seeking a court-ordered injunction to take away this HOA member’s First Amendment rights to communicate with his neighbors. The board also created an HOA “no call” list and they fine this homeowner $100 for every email he sends. The U.S. Constitution be damned!
The community is divided with supporters and haters on both sides. This community has been plagued with lawsuits causing property values to plummet. Even more dramatic, the HOA members have installed security cameras aimed at every nook and cranny of this neighbor’s condo. They even have them installed in their cars!
One other interesting note: While being interrogated about life in this Kansas Homeowners Association, the board member on the stand was asked about a suicide committed by a female resident of the HOA. The woman reportedly had told neighbors she could no longer take the harassment from this particular board member. She hanged herself from a tree right next to the entrance sign to this HOA. I was stunned: When questioned under oath about this tragedy, the board member chuckled.
Dear Readers, let me take you by the shoulders and shake you until you totally understand the madness that’s happening in American HOA neighborhoods!!! “Love thy neighbor” is a completely dead commandment when it comes to life in an HOA!
Insanity!
I cringe to think of the special assessments these HOA homeowners are going to have to fork over when the dust clears. If this homeowner wins a sizeablelawsuit over the crowbar beating or the invasion of his privacy….put a fork in it…this HOA is done!
This story is so sickening, that I’d like to close with the only amusing part of the pre-trial hearing. It involved the HOA attorney and happened on Day 2.
The HOA attorney is very large with a girth that rivals that of Governor Chris Christy. Can you envision that image? While standing at the lectern and questioning a witness his suspenders came loose letting his pants drop down to the floor on one side while he was gripping the other and still questioning the witness. The judge didn’t see it, but those of us in the gallery sure did! Priceless! I nearly burst my lungs trying to keep from laughing out loud!
(Editor’s note:)
Please help this story go viral. Every homeowner in America should read it. Send it to everyone on your email list and ask them to do the same. Send it to your friends, and make the same request to keep it moving throughout our country.
I’m including a link to the song that was actually played as evidence in this Federal Court of law in the case described above. If you are easily offended DO NOT click on the link. If, however, you do listen to the song, just keep in mind that it was introduced into the U.S. District Court record by a well-known Kansas Homeowners Association and its attorneys and is now part of the official court record. Actually, this song could eventually become the national anthem for the anti-HOA movement. Bizarre.
Our old buddies, the ethically-challenged Associa Companies are trying to bribe homeowners into ‘liking’ them on FaceBook. Associa is the massive HOA management company run by the infamous Texas state senator, John Carona. Billions of dollars flow through his fingers as he rams pro-HOA, anti-homeowner laws through his state legislature. But if a Georgia homeowner ‘likes’ his or her Associa-run neighborhood on FaceBook that homeowner just might win a 200 dollar prize.
Nah, I have to amend that: The neighborhood that racks up the most ‘likes’ can win a 200 dollar prize.
Oops! Let me amend that again: The neighborhood that wins, doesn’t get 200 dollars. It gets 200 dollars worth of ‘vendor services’. And it just so happens that Senator Carona and his Associa affiliates also own all the vendors which supply his own HOAs. It’s amazing the way this billionaire politician’s pockets are all connected with each other.
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