Tag Archives: HOA Hell

HOA Booting Anger in Albuquerque

What gives an HOA the right to boot cars on public streets? Nothing. But that didn’t stop the HOA Nazis in an Albuquerque HOA from booting a work trailer in the middle of a resident’s work day. And these over-the-top idiots were busy booting cars parked in the residents’ own driveways.

Why do they think they can flout the law? Because homeowners are afraid to protest.

But one activist in Ventana Ranch HOA is making some waves. And the City Council is thinking about passing some laws to reign in abusive Homeowners Associations.

(link to New Mexico TV story on booting controversy)

http://krqe.com/2014/12/10/homeowners-association-boots-residents-on-city-streets/

Illegally booting cars in a neighborhood has an amazing capacity for massive damage suits. If someone had an emergency and needed to race a child to the hospital but discovered his vehicle improperly booted? The emotional damage factor alone could result in multi-million dollar verdicts. The sad thing is that the costs of paying such a judgment would be passed off to innocent homeowners. Management companies just seem to be above the law….and that’s a problem.

Why Does CAI Lie?

guest blog by George K. Staropoli

“HOA constitutionality will cause the collapse of CAI”‏

Such statements made in court filings are astonishing! It is a complete refutation and about face to CAI’s propaganda material made for public consumption. It repudiates our democratic system of government and the US Constitution!

What would cause CAI to argue such statements without merit before a state supreme court? Maybe because CAI knows that if HOA constitutionality is accepted and HOAs are seen as state actors or made to become state entities, it would no longer control and dominate the industry. All would be lost!

HOAs would not be lost as CAI has argued from time to time. CAI would be lost! It would have to rethink its public policies, its Best Practices, its training seminars, etc. It would need to include such courses, which are not and never have been in the CAI vocabulary, understanding the Constitution and Bill of Rights, good local government, best city management practices, etc.

In A Million Years, Never Thought I’d See This Happen

Colorado is a ‘cool’ state. The University of Colorado was named by Newsweek Magazine as the nation’s ultimate party school. People are healthy, alcohol abuse is low, but this is the first state that legalized recreational marijuana. There are hundreds of ‘maryjane’ stores all over the state.

In Colorado politics, as you can imagine, the heavy population centers are solid blue, the agricultural areas are red. And about the only thing that causes riots and tear gas battles is when crowds of young people are celebrating an end-of-season victory by the Broncos, the Nuggets or the Avalanche. On those nights, damage to store windows and police cars can run into the millions. A ‘cool’ state with an edge.

Our early history had an ugly side, it was the second home of the reconstituted KKK back when the Klan promised it was no longer opposed to the presence of the Negro race. Our history is checkered with 156 lynchings. Interestingly, the Klan only lasted about five or six years here before being run out of the state in the late 20s. And most of the lynchings were of white gold miners who’d gotten involved in fatal confrontations over bar girls, or the ownership of gold claims.

These days, Colorado is racially diverse and probably more tolerant than most other states. Here, we really recognize only two races, those who ski and those who don’t.

Oh, I should tell you there’s lots of population growth and private homes are being built by the hundreds of thousands. For many years, all new development has been in mandatory Homeowners Associations. As a result, we are the de facto “Homeowner Association Central” for the Western Plains. And HOA abuses here are legendary. Everything you see happening in Florida, Arizona, Nevada and Texas is happening right here in Colorado. Some of the largest embezzlements from HOAs in history were right here in the Denver area. In fact, it was here that I first started to write my book, Neighbors At War!

Since our gun laws are pretty loose, and since HOA neighborhoods are so angry, we keep waiting for the first gun violence to break out during the annual HOA meeting. It hasn’t happened yet. With our cowboy mentality, it’s only a matter of time, I suppose.

Meanwhile, I was really stunned to see a new group arise which is trying to get some common sense laws past a legislature that can sometimes do some pretty stupid things. A press release on a proposed HOA law is linked below. The proposal makes so much sense that I predict another eruption from the folks at CAI (Community Associations Institute). The CAI knows our state well, and in the past they’ve screwed up some pretty good proposed legislation.

But see if you don’t think this proposal is based on common sense.

(link to HOA proposal in Colorado)

 

Free Speech Rights Upheld in NJ — Six Year Legal Battle‏

guest blog by Deborah Goonan

Great news! The Supreme Court of NJ did right by the First Amendment, upholding free speech rights for residents of HOAs, Condos, and Co-ops in the state.

It took six long years, and the determination of resident of Mediterranean South, Robert Dublirer, a semi-retired, former criminal prosecutor from NY.
Dublirer was a critic of the former condo Board, and in 2008, contemplated running for a seat on the Board. However, the Board at the time prohibited him from placing campaign leaflets under the doors of residents, so Dublirer sued the Association for violating his rights to free political speech.

The Supreme Court’s finding sets the records straight: First Amendment free speech residents in HOA, Condo, or Co-op in NJ must be upheld, and cannot be unduly limited by the Board. Constitutional free speech protections trump CC&Rs and Rules barring solicitation of residents, when such speech goes to the heart of democratic process of engaging in political discourse.

Kudos to Frank Askin, Rutgers School of Law professor who filed an amicus brief on behalf of the American Civil Liberties Union of New Jersey.

Thanks to the NJ Supreme Court’s unanimous decision upholding the state’s Constitutional rights in Common Interest Communities, the tide of decades of injustice is finally turning.

(link to story on fighting over leafletting)

ULI Promotes Urbanization, While Developers Prefer Rental Properties To Condos

guest blog by Deborah Goonan

Members of a recent Urban Land Institute (ULI) panel are reporting high demand for urban housing, both within existing city cores and in densely populated “instant cities” (HOAs), created by developers in suburban locations near mass transit.

The attached article highlights how the major players in American housing policy and the real estate industry are not all on the same page.

Housing policy makers still push home ownership as the endgame, while NAR and CAI lobby Congress to pass FHFA proposals to relax mortgage standards. Meanwhile, developers and investors are shying away from less profitable, more risky condominiums, and engaging in new construction and redevelopment for the rental market.

Housing is becoming less affordable, across the board, as cities become more and more gentrified. If left unchecked, the majority of Americans will left with few housing choices: rent for the long-term in an apartment community, or buy or rent a single family home in a private, corporate-governed HOA.

(link to Urban Land Magazine: Changing Face of Residential)

(link to Urban Land Institute – mission and priorities)