Tag Archives: HOA Hell

Getting All Snuggly In Bed with the CAI

Nobody crystallize and focuses an argument better than Arizona’s George Staropoli. Around the country property rights advocates a pondering whether to invite the CAI (Community Associations Institute) into the flock. Staropoli nails it:

Guest blog by George Staropoli

Why do people NOT mention that the attorney speaking out is a CAI member? It does help to put his comments in perspective. (Would saying he’s a conservative help clarify his statements, for instance?) Think in terms of “loyal party member” who knows enough to give the appearance, the illusion, of being fair and helping the other side with his column and website, but is a party stalwart.

His column and website are vehicles for the party line and will never deal with the fundamental defects of the HOA legal scheme, like addressing the Study Committee issues that I raised in my Proposed HOA Study Committee issues of substance. Let’s see if CAI will respond. Hell no! They can’t and won’t, and an opportunity to show what CAI really stands for fails again. (Why is CAI silent on these issues,” can be asked, demanding a response in public.)

I would think that the call for a task force would be ideal grounds for making these issues the platform for NC HOA reforms. Going to the Governor with your own agenda is the right thing to do! That might force the Governor to say, Let’s play kumbaya and set up a Task Force. Now, that’s a power play by advocates!

Asking the other side to join in admits to a lack of power, and reform legislation is a game of political power.

Read more at http://www.pvtgov.org

 

They’re Looking, They’re looking, They’re looking at you!

One of the great privileges of being a longtime news reporter is the great people you get to meet. Often, people we meet and do a few interviews or stories with, turn out to be some of the most important people in the entire world.

In the late 80’s and 90’s I had the privilege to have a few phone calls, a few lunches and a few interviews with a Boulder resident named Phil Zimmerman. No, his name, alone, won’t blow you away at first. But my TV news story on Phil described how he had created PGP, an email and telephonic encryption program in which the acronym meant “Pretty Good Privacy”. It was an such a powerful cryptography program that it couldn’t be broken by those spymasters at the NSA and the CIA. Phil was just a typical Boulder local, a nice guy, a good friend, a fellow who readily and honestly answered all questions.

The U.S Goverment decided to file the most horrendous of criminal charges against Zimmerman, charges of espionage, charges of breaking a new law which prohibited the export of ‘weapons’ to other nations. For three years, Phil Zimmerman was suddenly one of the most heinous criminals on the planet. He was told the criminal charges would be dropped if he created a ‘back door’ in PGP, through which government spies could read all encrypted messages. Phil refused.

Phil laughed at the idea that his cryptography protocol was a weapon. It was just a tool to keep Americans from having their privacy invaded by their own government. After all, the Fourth Amendment to the U.S. Constitution mandates that the Government cannot invade the privacy of Americans’ possessions and papers without a duly issued Warrant. One day Phil made the fateful decision to suddenly release PGP to the world, free of charge.

Phil Zimmerman has been repeatedly named one of the most important figures in the history of the Internet. Had we all taken his advice 22 years ago, there would be no NSA/CIA/IRS spying scandal today, because government agencies would never been allowed to tap into our most private, confidential conversations. All of our conversations and communications would have been buried in a foam of unintelligible PGP digital gibberish.

Today, Phil Zimmerman is a giant in the world of the Internet. He also happens to be one of the most prescient human beings in history. He predicted how the NSA, the CIA, the FBI and the alphabet soup of other secretive organizations would use technology to snoop on the smallest, most inconsequential affairs of common Americans. From the beer date with your buddies, to the illicit affair with an old girlfriend, your own government now owns you, lock, stock, body and soul and your minor indiscretions will forever live in it its databases and be forever useful against you should a time come when you need to be intimidated into silence. Big Brother is here, and he has no legal constraints and no morals.

We happen to be living through the most massively intrusive and illegal spying program in the history of America. Every act you do, every person with whom you speak, ever word you write on your computer (even if it’s never posted) is under the control and the eye of the Central Government. Your personal privacy is gone, a thing of the past. This data is being passed around to various government agencies, and shockingly it’s being handed right back down to local government, and that means something as small and as seemingly trivial as your own Homeowners Association. Doubt me, and I’ll give you specific examples. This is not paranoia. It’s the expert analysis of an investigative reporter with four decades of experience. Homicides have been solved because details of federal spying have been made available to local law enforcement. When you hear that an arsonist has been caught just minutes or hours after setting fire to a remote field in California, there’s good reason to believe that illegally gathered information has been passed down from the national to the local level.

Rapidly solving crimes is a good thing, right? I would agree. But the parallel sacrifice must be pondered. The Fourth Amendment reads:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Sounds pretty clear, doesn’t it? When a high government official muses that it might be legal to kill an American on American soil with a drone strike, does that not sound like a government that’s gone too far? When illegally gathered information is passed on to one political party or another, have we not gone too far? When an HOA board member can call up his buddy in local law enforcement and get a copy of a homeowner’s credit record, Social Security records, income tax returns, banking records and juvenile crime records, is that too far?

On November 13th, 1987, I released a one-hour documentary on the NBC affiliate TV station where I worked. It was called “Somebody’s Listening,” and every single word of that documentary is still valid today. In fact, it’s especially valid because it predicted the exact kind of spying scandal that we’re reading about in today’s news.

That was when I first met Phil Zimmerman. He called me shortly after that program aired and asked to meet for lunch. He told me he was a bit of a privacy nut and that “Somebody’s Listening” was good, but didn’t go far enough. Then he told me about PGP, which he hoped would someday protect the world against government eavesdropping. Sadly, it didn’t. It eventually elevated Phil to one of the most exalted positions in the Silicon Valley, but we’re still waiting for the protections he once hoped for. In the meantime, Big Brother is more evil that anything George Orwell envisioned in his epic “1984”.

Are these powers really the ones you want in the hands of your neighbors?

The Drugging of an HOA

There’s a new high rise luxury condo on Mission Street in downtown San Francisco. Built in 2009 with every classy aesthetic feature, it was high-priced and all the units on its 22 floors sold out quickly. It’s called The SOMA Grand. It’s governed by an HOA, of course.

Residents of the new building say almost immediately after they bought in, they started having problems with flooding during rainstorms, cracks in walls, and failures of sealant joints. The HOA has scrambled to get into court to sue everyone connected with the construction. “Going for the deep pocket”, as lawyers say.

The HOA is suing for four million dollars. And millions of bucks will be spent by both sides in legal fees. These brand new HOA residents will find their monthly dues are going to soar. If they win the suit, the biggest chunk will be taken by the lawyers. And if the residents get anything back, it’ll be pennies on the dollar.

The SOMA Grand.

You’ve gotta love the name.

What is SOMA?  It’s a high powered drug. It’s a drug that leaves you stoned and stupid. Then again, half of San Francisco is already stoned and stupid. And San Francisco sits on one of the largest earthquake faults in the country where they’re all waiting for ‘the big one.”

Soma.

Yeah, I do love the name.

http://tinyurl.com/laq5yp8

original source:

http://www.bizjournals.com/sanfrancisco/blog/2013/05/soma-grand-homeowners-file-lawsuit.html?page=all

 

Trayvon Martin and George Zimmerman

George Zimmerman goes on trial this week for the killing of Trayvon Martin in Sanford, Florida. Zimmerman was the security watch captain for the Retreat at Twin Lakes Homeowners Association when he reported that Martin was taking a late night walk through his gated neighborhood in February 2012. A police dispatcher told Zimmerman not to get involved, but a few moments later Zimmerman fired a handgun and killed Martin, who he said had attacked him. Zimmerman had multiple abrasions on his face which appeared to back up his story of being attacked by Trayvon Martin.

The judge in the case has ordered that the defense may not introduce photos from Martin’s cell phone that show him smoking dope and flashing a handgun a few days before he was killed. The judge has also disallowed testimony that Martin had been involved in previous fights. Some of those facts may still find their way in front of the jury. Finally, Florida’s ‘Stand Your Ground’ law supports those who use deadly force when they’re afraid of death or serious bodily harm.

A few observations from this longtime investigative reporter: I’ll be roundly criticized for this, but I predict Zimmerman will not be convicted. The jury will either be hung or it will find Zimmerman not guilty. Yes, the Retreat at Twin Lakes Homeowners Association recently forked up a million dollars in a settlement with Martin’s family, but that was just a routine and legal extortion scheme which essentially ensures that all the lawyers get paid. Trayvon Martin’s family won’t see much, if any, of that settlement money.

If I’m wrong about any of these predictions, I’ll go off and sulk in a corner of my bedroom. And I won’t even complain about the chastisement that will surely follow. But folks, if you really want to analyze how the average HOA court case resolves itself these days, just look at the craziest of all possible outcomes. It’s a sad fact of life, but more times than not, in our current legal system, that’s what you’ll inevitably see.

George Zimmerman: Not guilty.

And homeowners in the Retreat at Twin Lakes HOA have yet to see the massive special assessments they’ll be hit with to pay for this debacle.

Wanna buy a home in the Retreat at Twin Lakes HOA?

Me neither.

There goes the neighborhood.

more information:

http://tinyurl.com/kxswtns

http://usnews.nbcnews.com/_news/2013/06/07/18832092-jurys-look-into-trayvon-martins-past-has-its-limits?lite

 

More Legislative Good News

Yes, the tide is turning. On October 1st, a new Maryland law takes effect to prevent predatory Homeowners Associations and Condo Associations from artificially running up legal bills in order to lien and foreclose on homeowners over petty matters. Why any decent or honest lawyer would advise his HOA clients to run up fake legal bills of $200,000 over a fine of $225 is astonishing. That’s a lawyer who shouldn’t just lose his license, he should be taken to a nearby field and shot!

The practice of law in this country is sullied with a dark black stain and is in desperate need of radical reform. “Out, out damned spot!” And as a tormented Lady MacBeth discovered,  some stains can’t be removed except by burning. Is there any question that a certain coterie of lawyers in this country seem to be trying to burn down their own profession? Whatever happened to ethics?

Priests take a vow of poverty when entering the ministry. Why not lawyers? Predatory lawyering in America is astonishing to other countries around the world. It’s a national embarrassment.

Enough of my rant. Linked below is the new Maryland law.

http://tinyurl.com/lqdjujw

original source:

http://www.marylandhomeownersassociation.info/Site/Condo_HOA_News.html