Tag Archives: HOA Neighborhood

The American Flag is Offensive!

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We’ve seen this over and over again. But keep in mind that when patriotism is banned we’ve reached the beginning of the end. Please, please, don’t think I’m exaggerating.

In North Carolina, a Homeowners Association (a trailer home association) has banned the flying of American flags. They want to ban all flags, which is probably understandable. But the American flag has special protections enacted by Congress and by many state legislatures. Banning American flags is on a par with banning any celebration of the 4th of July.

Multi-culturalism? I get it.

Diversity? I get it.

But any ‘government’ (and believe it, Homeowners Associations are governments) that begins banning displays of patriotism is on the road to destruction. Go back and look at dictators who killed millions and millions of people, Hitler, Stalin, Lenin, Idi Amin, Pol Pot, Chairman Mao: They all began by burning books, outlawing freedom of expression, and banning displays of religion and patriotism.

Our Constitution is an extremely thin thread that holds our country out of the hands of such monsters.

Our Constitution was written and enacted by some of the greatest heroes in history. If we allow the collapse of our Constitution, we will ultimately be regarded as the greatest cowards in history. When your HOA nibbles away at your Constitutional rights, stand up and show your testosterone! Use it or lose it.

(link to story on banning the American flag)

(link to a list of the 25 most murderous dictators in history)

 

Hiring an HOA Management Company

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guest blog by Jill Schweitzer

As a Realtor in Arizona, I recently went to a class presented by an HOA property management company. The topic was the various ins and outs of HOAs hiring a management company. But as the class progressed, I thought it really would be better taught by an attorney and not somebody within the HOA industry.

Here are my conclusions after going through this class:

1. Absolutely, have an attorney review and make changes to the contract! Have the attorney tell you what items to add in to the contract items that are missing in the laws to protect the both the HOA and the individual homeowners…thereby holding the management accountable and responsible for any misfeasance or malfeasance. Also have the attorney remove the indemnification clause! Why pay to defend a management company for its bad actions?

2. Check court records online and in person to examine lawsuits the company may have been involved in.

3. Recommend that boards either eliminate or lower transfer and disclosure fees!

4. Recommend the board get a website independent of the management company. This would ensure that the HOA’s connection with homeowners survives any future change in management.

5. When hiring a management company, HOA boards should be careful of all the extra junk fees; printing, copies, coupon books, violation letters, etc.

6. Finally, mandate that any management company hired by an HOA certify that it has insurance against all misfeasance and malfeasance by management company owners, executives or employees.

 

Georgia Homeowner Told To Narrow His Driveway

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Just because you got permission years ago to modify your home, don’t count on your HOA to respect the past. A Georgia man is learning that the hard way. He squeezed three cars onto his driveway, and management company paid attention.

Ralph Isabella says he got board permission six years ago to widen his driveway. It was all fine and dandy until Isabella cleaned out his garage and temporarily parked the cars outside. Suddenly, the HOA says if Isabella doesn’t take out the new pavement they’ll narrow his driveway for him and sue him for the cost.

The Copper Springs HOA, Oakwood, Georgia.

Nice folks.

(link to story in Gainesville Times)

 

A Long Read, But Worth It!

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Many years ago I read a hilarious article By Bill Vaughn in Outside Magazine. It’s not about Homeowners Associations, per se, but it’s a fantastic story about living with crappy neighbors. I re-read the story about once a year just to keep my spirits up. Now I want to share it with you!

http://www.outsideonline.com/1819496/wontcha-be-my-neighbor

A Must-Read From Las Vegas!

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Long-time readers of this blog know that the most corrupt Homeowners Associations in the country are in Nevada. We know that from the 41 or more organized crime racketeering convictions earlier this year in Las Vegas. Just as I predicted, despite the tens of millions of dollars in losses all but one of these HOA mobsters got less than 18 months in federal prison.

That being said, there are some shining lights of honesty in that area. Dr. Gary Solomon, Jonathan Friedrich, Colonel Robert Franks among others. Sadly, the corruption is so rife within the Homeowners Association movement that the system works hard to stomp out those who sacrifice to help others.

Today, Bob Franks sent out the following letter to explain to his legions of admirers why he has to step back in the fight for homeowners’ rights:

My appointment to the HOA Commission is completed. I did not request
reappointment for a normal 3 year term. So, I can now move on with the
satisfaction that CICCH Commission records show I did my best to make a
difference on behalf of unit owners.

Regretfully, the record shows that legislative and executive branch
authorities do not appear to want the CICCH (HOA) Commission to
effectively perform its statutory mission on behalf of all home
owners. It is under the tight control of industry and government
interests–to the serous detriment of unit owners and other occupants.

The record of the past decade shows that well over 95% of unsettled law
violation complaints filed with the state by unit owners against HOA
boards and licensed managers are summarily dismissed by the state. The
division does not have to show or defend the merits and results of its
secret, multi-year investigations with board presidents and their
attorneys. The division’s dismissal decisions are not subject to
anyone’s review or dispute unless high cost civil lawsuits are
initiated. This is gross injustice for unit owners. Imagine if the
courts only tried 5% of the valid complaints filed with them?

The less than half a dozen cases out of hundreds filed each year that
are actually prosecuted under the administrative statutes by the
Attorney General staff to the CICCH Commission always reflect high level
criminal violations as well. But, criminal investigations and
prosecutions never seem to get prosecuted. HOA and Condo unit owners
are losing many millions of dollars due to known criminal violations
every year and the government is failing to do anything. This knowing
and willing failure of justice for HOA owners is a true outrage for our
state.

The Real Estate Division is also not subject to any kind of outside
oversight of its decisions that almost always favor the boards and
licensed managers. This means the Division is given a blank check by
the Legislature to continue to hide its apparent misconduct and denial
of homeowner justice.

As a result, HOA owners currently have no viable paths for demanding and
expecting to receive citizen property rights protections from the
abusive industry and state/local government controllers.

Unfortunately, it now seems clear that a large, Nevada grassroots
organization and legislative caucus must be formed to represent
aggrieved property owners against the combined business and government
power blocs. The consequences of doing nothing can create a continuing
blight upon the previously attractive Nevada home markets.

Regards,

Bob
Robert Frank, Colonel, USAF (Ret.)

(Bob Frank’s LinkedIn address)