Tag Archives: HOA Embezzlement

Jerry Brown! Jerry Brown!

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Governor Jerry Brown! In what orifice is your head hopelessly lodged?

California is in the middle of a horrible drought, even the drought of a lifetime. Farmers who generate most of the nation’s food are going broke. Governor Jerry has asked homeowners to quit using so much water on their lawns. In fact, he’s even declared a drought emergency.

A Republican State Senator has even proposed a law to force HOAs to quit fining residents over their brown lawns.

How impotent! And ignorant

Homeowners Associations are merrily fining, suing and foreclosing on homeowners who’ve followed the governor’s water rationing requests and have allowed their lawns to turn brown.

You see, Homeowner Associations are private non-profit corporations which are beyond the control of state and federal laws. After all, Americans have a Constitutional right to make contracts, even if those contracts are counter to decency and common sense.

Despite the efforts of the governor and other California legislators, Kentucky Bluegrass will continue to decorate the grounds of Homeowners Associations.

http://blog.sfgate.com/stew/2014/01/24/drought-or-not-brown-lawns-bring-hoa-fines/

(link to Democratic Underground story)

(link to CVT HOA story on drought emergency)

(link to KTVU-TV news story)

 

Organized Theft IS Organized Crime

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The Colorado Legislature is embroiled in a controversy over ‘transfer fees’, a mysterious item that appears on closing papers when a homeowner is trying to sell his property.

What’s a transfer fee? It’s a mandatory fee the seller has to pay. It’s not related to any specific kind of work. It was recently outlawed on all real estate sales EXCEPT those in Homeowners associations. It can range from the hundreds…even into the thousands of dollars, and there are no state controls. A transfer fee doesn’t benefit the HOA, it just drops into the pockets of HOA management companies. Pure profit.

When CAI lawyers were asked, “Why do you charge these fees? The answer was stunning, “Because we can!” That kind of unmitigated arrogance is beyond appalling. Why do you steal cars? Because we can. Why do you steal little old ladies’ retirement money? Because we can. And legislators turn their heads the other way! Unbelievable.
 
With that in mind, here’s a recent blog from ColoradoHOAForum.com
 
First let’s thank Leslie Stevens, the victim of a transfer fee of over $1,000, for contributing to the news story and Channel 4 News (KCNC, Denver).
 
Transfer fees when real estate documents were exchanged are ILLEGAL in Colorado EXCEPT when a Homeowners Association is involved. If they’re so illegal for all other homes, what’s the difference with HOA homes? In a word, NOTHING!
 
 
 
 
Note, once again the CAI never attempts to explain what these costly, laborious, and time consuming tasks are that require hundreds to over one thousand dollars in transfer fees only “that is the way it is” (because of them).  They got away with this by slipping an exception into SB 11-234 and now again in 2014 with HB 14-1254 by actually crafting this Bill to ensure, if passed, nothing will change in picking the pockets of home sellers. 
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Because this is a breaking story in Colorado, there’s more to come on the subject tonight. We’ll post on NeighborsAtWar.com
 
 

Container Home VS HOA Living

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guest blog by Nila Ridings

 
Oh, to be HOA free!  People are finding all sorts of creative ways to put a roof over their heads.  Sometimes that means a sacrifice of space for the savings of money.  Which means less need for high-stress and high-income employment.  Or it’s an opportunity to pay off school loan debt. Or spend less of your retirement savings on empty space that eats utilities, creates taxes, insurance, maintenance and needs constant cleaning.  And yet for others it’s a way to stay out of an HOA or condo association.
 
It’s a housing movement that is catching on and growing by leaps and bounds.  Could it be because we are learning that life is about living not about servicing debt and empty spaces? Or it might just be the brutal experience of living in a nightmare condo association or HOA that has shocked us into seeking a place that can be moved if our surroundings start to feel like we are trapped.
 
Whatever the reason the creativity seems endless in our quest for uncontrolled shelter.  This one even offers a roof top deck!
 
 
http://www.tinyhouseliving.com/casa-cubica-a-tiny-container-home-2/
 

CAI Socks It To Homeowners In Tennessee!

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One of our blog members in Tennessee says the CAI appears to be the only group spending its lobbying money on a Homeowners Association bill now before the legislature.

The proposed bill would make important changes to protect private homeowners in that state.

But the crows at CAI have billions of dollars at their disposal.They make sure that Tennessee lawyers have guaranteed employment as they dip deeply into the pockets of homeowners.

The bill actually sounds like a pretty good one. But in HOA Amerika logic and justice are not really compatible concepts.

The following is an exact copy of what a CAI bigwig is telling his minions to lobby:

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To: All Community Association Board Members

From: Scott Ghertner

Date: February 6, 2014 Subject: Urgent legislative call to action – HB 2060 and SB 2098

As Chairman of the Tennessee CAI Legislative Action Committee and Co-President of Ghertner & Company, I would like to immediately bring to your attention some very disturbing legislation being introduced this month in our Tennessee legislature. Representative Jeremy Durham and Senator Jack Johnson, both of Williamson County, are co-sponsoring a bill (HB 2060 in the House and SB 2098 in the State Senate) that seeks to significantly diminish the authority of condominium and home owner associations in Tennessee.

This bill if passed will:

 Eliminate the automatic lien that associations have with regard to delinquent payers , thereby potentially

jeopardizing the financial solvency of associations and the willingness of lenders to make loans to associations and unit owners;

 Limit the amount an association can fine for rule violations;

 Attempt to insert State rules regarding parking enforcement on public streets within the association;  Prohibit associations from enforcing covenant restrictions with regard to political signs.

Please contact these leaders today and inform them that you want them to withdraw this bill immediately!

Senator Jack Johnson at 615-741-2495 or via email at sen.jack.johnson@capitol.tn.gov

Representative Jeremy Durham at 615-741-1864 or via email at rep.jeremy.durham@capitol.tn.gov

You can also contact the following members of the House Business and Utilities Subcommittee who will hear House Bill 2060 and let them know that you do not support this bill. Please remember the committee members listed below did not introduce this bill and will be hearing about this bill for the first time next week. So we ask you only to communicate to them your opposition to this proposed bill.

Chairman Art Swann at 615-741-5481 or via email at rep.art.swann@capitol.tn.gov

Representative Kent Calfee at 615-741-7658 or via email at rep.kent.calfee@capitol.tn.gov

Representative Barry Doss at 615-741-7476 or via email at rep.barry.doss@capitol.tn.gov

Representative Pat Marsh at 615-741-6824 or via email at rep.pat.marsh@capitol.tn.gov

Representative Jason Powell at 615-741-6861 or via email at rep.jason.powell@capitol.tn.gov

Representative Curry Todd at 615-741-1866 or via email at rep.curry.todd@capitol.tn.gov

Representative Tim Wirgau at 615-741-6804 or via email at rep.tim.wirgau@capitol.tn.gov

Thank you for your attention to this very important issue.

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Now that we know exactly how CAI plans to throw its influence around, they’ve provided a list of legislators who they consider weak…so we can now lobby them right back. 

Open Letter On LinkedIn About The CAI

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by Deborah Goonan, Ormond Beach, FL

(The oft repeated rhetoric) is that further regulation of HOAs would amount to increased “government control.” In fact, the purpose and goal of smart regulation of HOAs is to protect owners’ rights by way of limiting the power of HOA corporate Board governance through a proven system of CHECKS AND BALANCES. The goals of regulation must not be to control community choice in HOAs, but rather to provide a favorable environment where the rights of owners are balanced against the rights of the Association, to allow for all members to have a voice in self-governance, and to promote harmony rather than division in communities. 

I trust that legislators will ignore the tired CAI, status-quo rhetoric repeated over and over again on this forum, the same rhetoric that has prevented substantive HOA reform in states all over the country. To what end? How does ignoring obvious problems, and washing one’s hands of responsibility for fair and just treatment of constituents benefit communities, states, and our country? 

I trust that readers of this and similar forums will seriously consider the cumulative negative effects that have resulted from limited respect for the rights of owners, in favor of special interests. Those of you who “get it,” please let your legislators know that you support positive reform and consumer protections for millions of owners and residents in over 300,000 community associations across the country.