Tag Archives: HOA Hell

HOA Alligator Killing Goes to Court

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The story is tragic. An 83 year old woman is killed by an alligator in the Landings Homeowners Association.

Gwynth Williams’ body was found in a lagoon in an exclusive community in South Georgia. Her family is suing the HOA, saying it was negligent for not removing the gator. The HOA and its golf course say they’re not responsible for controlling wild animals that roam the area.

Those are the raw facts, but the behind-the-scenes story will probably not get told by the mainstream media. Win or lose, millions of dollars will be spent on this case. Perhaps the HOA will be punished by a large jury award. That seems to be par for the course in today’s atmosphere of tort law.

The real story is where those millions of dollars will come from and where they will go. They will come from the pockets of homeowners who bought homes in The Landings Association. They will go into the bank accounts of lawyers who represented Williams or who represented The Landings Association.

It’s a tragedy, of course, for the family of Gwynth Williams. It’s a double tragedy for the American system of justice.

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

Homeowner Associations a Social Disease?

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Just like a social disease that keeps coming back, some Homeowner Associations never let a patsy out of their grip.

The latest “sucker” is some poor fellow in The Times Condominium At Sweetwater Del Webb Master Homeowner’s Association (Whew! Where do these names come from?)

Anyway, resident Larry Murphree thought he knew what was meant when GW Bush signed the “Freedom to Display the American Flag Act” in July of 2006. Muphree planted two little flags in flower pots outside the door of his condominium.

Along comes the HOA and starts whacking him with fines of a hundred bucks a day, liens, threats of lawsuit and foreclosure.

Murphree is now in federal court in Jacksonville, Florida. He notes that the flag act specifically says “A condominium association… may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.” Hmmm. Sounds moderately clear.

Whichever way it goes, Murphree will lose tens of thousands of dollars. The HOA will lose tens of thousands of dollars. The stature and marketability of the neighborhood will fall.  The lawyers, of course, will earn hundreds of thousands of dollars. It always seems to come back to that, doesn’t it?  The lawyers. They just keep coming back.

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

SOMEBODY’S GONNA BE IN TROUBLE!

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Residents of the Laural Hills Condominum on Tennessee’s Renegade Mountain have been arguing over the price of water for the past six months. The property association, not the homeowners association controls the water. But those danged hillbillies up at Laurel Hills kept up the argument.

Now the property owners association has raised the ante. They just flat-out turned off the water to 84 homes. Turned it off! And that, my friends, is against the law.

Monkeying with someone’s water is almost a shootin’ offense. In fact, a lot of people have been shot during the water wars of the past three hundred years.

Hopefully, we won’t see any of that. But laws are being broken! Can’t you just smell the perspiration of all those lawyers trying to climb Renegade Mountain to solicit clients?

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

A Smackdown in Texas

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Increasing numbers of homeowners associations across the country have learned there’s profit in being confrontational. Lots of profit.  HOA attorneys advise their clients to attack every violation of the covenants with a vengeance. Insignificant fines often turn into tens of thousands of dollars in fees, fines, collection costs and attorneys’ expenses. Some of those confrontations defy common sense.

Ted Faraz of Irving, Texas, found that out the hard way. He installed some solar panels on his roof. His intent wasn’t malicious. He wasn’t doing it to intentionally anger his HOA. He actually invested $15,000 in an effort to be more environmentally responsible.

His solar panels couldn’t be seen from the street. In fact, only one neighbor could see them and that neighbor said they didn’t bother him at all.

But the Ranch Valley HOA felt differently. They began fining Faraz $50 for each day the solar panels remained. It got worse. The HOA filed a lien and began to foreclose on Faraz’s house.

Faraz felt it was a blatant case of extortion. There was no real point for the HOA to prove. It was always about publicly slamming down a homeowner who strayed outside the rules.

The Homeowners Association has proven one thing, though: that young starry-eyed prospective homeowners would be wise to avoid the Ranch Valley HOA.

Avoid it like the plague.

With homeowners associations across the country taking a nose-dive in real estate values specifically because of this kind of community fascism, homeowners would be well-advised to look elsewhere for a new place to live.

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

HERE COME THE LAWYERS!!!!!!!!!!!!

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When the American Disabilities Act was approved in the 1990’s, it was designed to help disabled people have access to the same amenities as non-handicapped people.

But the big laugh, at the time, had nothing to do with the disabled. It was that the new law was a full-employment plan for lawyers.

Now comes the Jeffrey and Judi Weiss family of Palm Beach. Several years ago their son was paralyzed. His only moments of joy were when his family took him to the beach. So his family bought a condo right on Palm Beach just a few steps away from the ocean.

The Sloans’s Curve Homeowner Association blocked the family’s access to the beach, supposedly to preserve sand at the high water mark.   The HOA’s solution was to build a huge A-Frame of stairs.  To reach the beach, the family now as to carry 62 pound Justin UP THE STAIRS, and DOWN THE STAIRS, over the high-water mark. It’s extremely difficult and an obvious violation of the ADA law.

And the circling creatures, the gray masses in the water, folks….they are lawyers, each wanting a piece of the action.
Ah, and the people really losing all their money are the innocent homeowners who thought that by buying into a Homeowners Association, they might protect themselves from such legal costs.

Floridians! Open up your wallets. You’ve been screwed again by a Homowner Association movement that lied to you from the beginning about protecting your investment behind the shield of a convenant protected community.

You really have no protection. In fact, in the colorful verbiage of the insurance industruct: You’re practicing naked.

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