Tag Archives: HOA Hell

Whew! Some Crooks do it Right!

We get word from Chicago that an Arizona man has been sent to prison for stealing 2 million dollars from three condo associations. Jay Strauss, of Scottsdale, Arizona, had been mixing the money from the three associations for at least the past three years. Then he’d siphon off money to pay for his own real estate investments.  He might never have been caught except that his own company went broke, and suddenly the condo associations discovered their own accounts had been depleted.

But what a way to go!  Always let the U.S. Attorney prosecute your case! Strauss pleaded guilty and got three years in prison. Well, that’s kind of an exaggeration.  His first 18 months will be spent at a hospital. Seems the poor fellow is suffering health problems and is in a wheelchair.  Restitution has been ordered, but if you believe that’ll ever be paid then you still believe in tooth fairies and Easter bunnies.

A special note to potential thieves: don’t ever rob a bank or a 7/11. The take is too small. Rob a Homeowners Association. Most of them are too dumb to know they’ve even been robbed, and your prison sentence will be miniscule.

Finally, a special note to all Homeowner Associations: do a forensic audit of your HOA books.  The chances are extraordinarily high that you’ve already been robbed. It’s too easy, it’s too untraceable, and it’s too difficult to prosecute. And mind the old wisdom that half of all people will steal if they don’t think they’ll get caught.  If you’re honest, your board member is not. 50/50. Tragic, but true.

Ward Lucas
Author of
Neighbors At War: The Creepy Case Against Your Homeowners Association

Free Speech in an HOA? Forget About It

A fundamental right most Americans think they have is Free Speech. It’s a bedrock of the U.S. Constitution. The First Amendment is so ingrained in the minds of Americans that most would swear that their freedom of speech and religion cannot be compromised.

Welcome to the world of the HOA, where Free Speech and Freedom of Religion is trashed every day. There are high court decisions which are often quoted as giving the typical HOA the right to deny your First Amendment freedoms. Google “Twin Rivers decision” to find a significant State Supreme Court decision which essentially says you don’t have the right to inform your neighbors about your political beliefs.

Or Google “HOA Mezuzah” to find out what many HOAs think of Jews.

I could go a hundred directions with this. But the bottom line is that when you join an HOA, you are essentially sacrificing a number of your Constitutional rights in favor of “the collective.”

The HOA collective has the right to restrict your expression of religion, your political beliefs, your right to assembly, your right to due process, your right to bear arms. And that’s the nail point upon which many homeowners have crucified themselves, their families and their personal wealth.

Do you have the right to “be black and live in a white HOA?” Not necessarily, especially if there’s no federally backed mortgage involved in a home purchase.

Unbelievable? Google “HOA discrimination” to see a sample of cases where being black, disabled, gay, or a single mom have been targeted, stigmatized, sued and foreclosed upon.

There’ve been a few cases here and there where HOAs have been fined because of discriminatory practices. But those cases are rare. It’s much more common to see homeowners lose their homes when they happen to be black, gay, single, disabled or have young children.

Still don’t believe it? There’s a book coming out this summer which might open your eyes.

Ward Lucas
Author of
Neighbors At War: The Creepy Case Against Your Homeowners Association

It Can Be Tough Being A Victimized HOA Member

OK, so you were incautious enough to buy a house in an HOA neighborhood. Now you realize you’re about to get sued for some offense against a member, or even non-member.

Concerned owners, of course, need to communicate with their neighbors about how much they’re going to lose in this lawsuit.  Those HOA do-gooders have just handed out some brochures to get all the lawsuit victims on board.

Oops! Those HOA do-gooders have just lost their attorney-client privilege. All privileged documents now have to be turned over to the suing attorney, all legal strategies, all incredibly personal information that might have used to defend the HOA against the suit.

Isn’t it just wonderful how the legal system is designed to reward the tricky, and punish the honest?

http://blogs.sun-sentinel.com/condoblog/2012/04/lawyer-client-privilege-can-be-unintentionally-waived-voluntary-associations-hoas-and-condos-take-note.html

Ward Lucas
Author of
Neighbors At War: The Creepy Case Against Your Homeowners Association

Trayvon and Zimmerman: Some Reporters “Get It”

Not many reporters understand how dangerous Homeowner Associations are. It took the death of Trayvon Martin, but Mary Shanklin of the Orlando Sentinel showed she “gets it.”

Her story of March 29, 2012 is about the Retreat at Twin Lakes in Sanford, Florida. That’s where Trayvon Martin died, allegedly at the hands of HOA crime-watch captain George Zimmerman.

Understand that this blogger has absolutely no opinion about who’s guilty or innocent in Trayvon’s death. But I do have some observations based on forty years of experience covering the courts.

Lawyers are schooling around this case like sharks on a whale carcass. Lawsuits are going to be filed by both Trayvon Martin’s family and by George Zimmerman. Whichever lawyer gets involved in the case will become a millionaire whether he wins or loses. And who are the ones who’ll have to come up with all those millions? The 200 townhome owners at The Retreat at Twin Lakes.

They all bought homes at The Retreat, thinking they were buying their way into a bit of financial safety. Many of them are elderly and they figured this Homeowner’s Association would protect their retirement savings forever. Well, welcome to the American System of Civil Justice.

Each and every one of these homeowners signed documents that essentially pooled all of their equity, all of their retirement savings into a common pot. They may even have bought insurance to indemnify their HOA against frivolous lawsuits. But all those insurance policies have limits, and this is one limit that’s going to be exceeded by millions of dollars.

It doesn’t matter who wins or loses the various lawsuits. The finances of these HOA members are going to be shredded. By joining an HOA, each of these homeowners created a “deep pocket,” and deep pockets are like rotting meat. They attract flies.

No homeowner can move out of this nightmare. These HOA members have handcuffed themselves together forever. It’ll take two or three years. But check back with me to see if my prediction comes true.

Ward Lucas
Author of
Neighbors At War: The Creepy Case Against Your Homeowners Association

“GET OUT OF JAIL FREE” CARDS

The game of Monopoly is one of the most popular board games in the world. Its roots were squarely in the Great Depression of 1930. Eighty-two years later, in the middle of another fiscal crisis, this author’s publisher, Judith Briles insisted; no, demanded that a two page chapter be added almost ad hoc at the end my book.  Perhaps she had too many margarita fumes wafting over her as she disembarked from her two-week annual vacation cruise. Or perhaps it was her recent nightmarish confrontation with her own Homeowners Association, but she is absolutely immune to any of my anemic last-ditch efforts at dissuasion.  She wanted me to produce some sort of “Get Out of Jail Free” card that lists some rules of conduct homeowners could carry in their wallets or pocketbooks at all times to help head off any kind  of unexpected meanness from a Homeowners Association.

Certainly, there’s enough historical intrigue around the game of Monopoly to merit some sort of examination of its perfidious past. Most folks don’t know that the British Secret Service once tried to use Monopoly to smuggle certain strategic supplies to prisoners being held by the Nazis. Fake charity groups distributed Monopoly sets that contained hidden maps, real money, compasses and any number of items that could ostensibly be used by imprisoned Limeys to conduct “escape and evasion” missions.

In my business, the Publisher is always right, and the Ink-Stained-Wretch is always wrong, so here is a secret document to be hidden inside all “Get Out of Jail Free” cards distributed to homeowners inside those gated private prisons otherwise known as “planned communities.”

The bottom line is that you, as a homeowner, are always wrong. If your dues are several weeks late, you get no grace period, whatsoever. Pay those dues including interest, late fees, collection fees, attorneys fees, everything.  Don’t argue. Even if your $300 bill has turned into $10,000, find a way to pay it. You could probably count on the fingers of one hand the number of people who’ve been able to get the courts to reduce that fee. Many of those people have spent $40,000 to win the $10,000 case, but no matter, just get it behind you.

If you have an urge to plant flowers in the Springtime, DON’T! Submit an architectural plan containing the exact number of posy seeds, the exact shape of the flower beds, and your future watering plans. Don’t expect the next board to approve any change made by a previous board. Re-submit the same plan each year.

While we’re on the subject, if a single board member has changed, immediately re-submit any requests you’ve made to a previous board. This includes architectural plans, requests to park a relative’s vehicle on the streets during his ten-day visit.

Do not put up Christmas lights of any kind.

Don’t even think of putting a wading pool in your back yard.

Don’t dream of planting a tree in honor of a dead father.

Never, ever think of air conditioners as necessary appliances.

If you have one too many cats, absolutely do not protest when a board member puts a bowl of anti-freeze on your porch. This is one fight you probably think you can win. You can’t.

An outdoor hot tub? Fuggeddaboudit.

If you are assessed a fine because a guest parked his car on the street overnight, do not attempt to argue that it wasn’t your guest.  If the manager or board member determines the car was close enough that it “could” have been your guest, you’re guilty.  In fact, in this society, assume you are always guilty. And you become even more guilty each time to try to prove your innocence.

Never say, “I know my rights!”

Never say, “I’m gonna call my lawyer!”

Never say, “I’ll see you in court!?

Forget the words, “This isn’t fair,” and “Everybody else is doing this.”

Never ask, “Can I work out a payment plan?”

As you fold this paper up and clip it to the “Get Out of Jail Free” card in your wallet, please understand that there have been rebels over the years who have won some widely-scattered fights with Homeowners Associations. Invariably, those victories have come at enormous and unexpected costs. The one thousand dollar fight you expect to wage in court has a nasty way of turning into two hundred thousand dollars. And rebels die young. They really do.

When you moved into an HOA, you thought you were making a move into Utopia, that gleaming City on a Hill, the Republic envisioned by Socrates, Plato and Aristotle. But the only thing that makes Utopia work is a blandness, a sameness, an agreement of understanding that no member of society will ever make waves. Communism described itself as Utopia. The Third Reich was Utopia. Utopia works because every man has surrendered his loyalty and his soul to a single Central Authority.

Keep this card close to your heart. I promise, and Judith, my publisher promises, it’ll keep you out of trouble.

This two-page chapter is really superfluous, because enough warnings have been scattered throughout NEIGHBORS at WAR. But Publisher Briles is a difficult taskmaster and one does not easily ignore her advice.  So here, with apologies to Parker Brothers, is your “Get Out of Jail Free” card with its application for a new era.

Ward Lucas
Author of
Neighbors At War: The Creepy Case Against Your Homeowners Association