Tag Archives: HOA Nightmare Stories

Judge Rules Against Famous Aviator in HOA Case

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Two or three months ago, I told you about Chuck Yeager, the famous Air Force test pilot who was the first human being to cross the sound barrier. I also told you how the now-retired Brigadier General was being sued by a Homeowners Association, which Yeager claimed did not include his two units in Fresno. The 91 year old pilot says the HOA simply doesn’t have jurisdiction over his property, and he had the records to prove it.

Well, a Fresno judge has ruled that Yeager has to pay the HOA $43,000 in fees. The HOA’s original lawsuit demanded $270,000. The HOA feigns success. But it looks like Yeager comes out the big winner despite not having a total victory. From outward appearances it looks like the HOA’s demand was excessive and the judge probably saw through that.

HOA officials are talking about how satisfied they are with getting a judgment. Funny thing is, Yeager cut short his losses because he won’t have to pay legal expenses while these out-of-control HOA lawyers try to run up Yeager’s legal costs.

Besides, says Yeager, “I’m very pleased with the agreement. What’s best is that the judge did not order me to join the HOA!”

(link to Sacramento Bee story)

 

Rediscovering Values

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guest blog by George Staropoli

For a society, a community, to function in an orderly manner there must be not only rules, but a firm belief in the need to enforce just and fair rules and laws. Political philosophy says that where laws are unjust and unfair, then the democratic government is not legitimate, cause the reason for forming a social contract and surrendering freedoms is just that.

Take for example the society of criminal known as the Mafia, or La Cosa Nostra (which literally means ‘our thing’). It had its enforcement squad for those who did not want to abide by the rules – called Murder, Inc. But, they were criminals anyway.

Our elected representatives and national leadership has lost its way long ago. Obama, in today’s news, makes a statement to the audience and cameras, “what did we do to PISS OFF . . . .” From the President of the United States on national TV! What will Michelle tell a kid who asks, Why did the president say a dirty word?

CAI operates outside society’s rules, as they once were, and does its own thing. We need to return to those values as stated by Rev. Jim Wallis, and paraphrased by me:

We have . . . substituted ‘market value’ for ‘moral value’. . . . Do we want [property] values to prevail everywhere and in all things? Are there some areas of life where [property] values should not determine what is most important — personal and family relationships, ethics and religion, community and public service and social justice? Are there certain things degraded when [property values] are allowed to be the ultimate measure? Are there certain social values and practices that are higher than market values?

 

A Potpourri of HOA Meanness

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I just finished a three day seminar with an authors’ group in Denver. This is the group, in fact, which pushed me to take a manuscript in its rough form and turn it into a controversial book called, “Neighbors At War: The Creepy Case Against Your Homeowners Association,” and actually get the thing into print. For your future reference the group is called AuthorU, run by taskmaster Judith Briles. The past few days we probably had about 170 authors being trained in the use of social media, editing, publishing, and honing their upcoming book projects.

In any event, I am running late in getting my blog posts done. Many in my authors’ group know about my passion in trying to join the movement to straighten out the national HOA scam which is impoverishing tens of thousands, possibly even hundreds of thousands of innocent American homeowners.

I can’t count the number of authors who approached me over the past few days and told me about their own HOA miseries. One fellow who’s actually a lawyer is being fined for trying to rebuild a fence that his HOA should have repaired more than a month ago. His HOA president told him he was in violation of the covenants because he didn’t get permission to repair the fence. And his HOA president has been soaking the neighborhood by charging them for his costly vacations and the board’s wild off-site parties.

Another person told me her mother was being fined and threatened with a lawsuit over some incredibly minor infraction. Ah yes, her mom asked to see the HOA balance sheet because she was afraid a massive amount of money had been embezzled. That’s what kicked off all the harassment. How dare these stupid homeowners demand fiscal responsibility from their boards and HOA managers?

Another guy said he moved into a neighborhood where there was no HOA. But while he was building his house a fellow came by and said he was the president of the HOA. And he handed my friend a letter supposedly from the HOA attorney demanding that the man halt construction on his house. He claimed the garage was a foot too wide and was insisting the entire garage be torn down. Believe me, you just can’t make these things up.

There’s not a day that goes by when I don’t learn of new horrors committed.

It’s all so tragic.

Naked On The Roof In Vegas

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guest blog by Nila Ridings

“What happens in Vegas stays…” Nope, not this time.  
 
When you’re naked, throwing roof tiles at the cops, and breaking out windows in the Desert Shores Homeowners Association your story ain’t stayin’ in Vegas.  No secrets kept secret on Secret Harbour Court this time.
 
It’s unknown if this guy just couldn’t take the pressure of living in the HOA any longer. Or, if he was planning to announce his candidacy for the HOA board in a flashy way.  But he grabbed a knife and scaled a wall to a roof top.
 
Who knows what set him off?  Maybe they fined him and put a lien on his house for wearing the wrong color underwear?  
 
Causing his neighbors and business partners in the non-profit HOA to remain in lock-down for five hours will probably get him the notorious “MOVE” screams at the May board meeting!
 
Looks like just another day of HOA insanity to me!
 
Next.
 
 

Pennsylvania Widow Loses Home Over Six Bucks

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The grapevine is buzzing about a Pennsylvania widow who inadvertently underpaid her property tax by six dollars & change and lost  her house at the county tax auction. This fight’s been going on for several years but now a judge has essentially told her, “The loss of her home was just fine and dandy.” Her $280,000 house seized and handed off to someone else.

When her husband died, she apparently got behind on the bills. She paid the property tax but she says she was never informed about the six dollar interest charge. She’s going to appeal, and who knows, she might win in a higher court.

Still, she was protected by the U.S. Constitution, she had the right to due process and the right to appeal, the right to appeal over and over again.

Across this country the same thing is happening. The record home seizure was in West Boca, Florida, where a single mom lost her home over an inadvertent underpayment of Homeowners Association dues by 78 cents. But day in and day out, Homeowners Associations are attacking residents of the neighborhood for such things as parking the wrong kind of car in the driveway, not getting your trash cans inside within an hour after pickup.

In one paper written by a fellow in the Cato Institute, the author talked about HOA attorneys in Houston running around ticketing cars because they knew they’d make extra legal income by generating extra fines, liens and lawsuits. Talk about a conflict of interest!

The difference between the government home seizure in Pennsylvania and the confiscation of all those other homes by Homeowners Associations… HOA residents don’t have the Constitutional rights to fight back. There’s no due process, there’s no way to appeal, no checks and balances. The guy who tickets you is a member of the board or the HOA manager. So you have to appeal to the same people who are beating you up in the first place.

The typical HOA is based on the private non-profit corporation model, and when you’re attacked by your own corporation you have little or no access to Constitutional rights. 

Welcome to your new life in your HOA.

(link to Associated Press story)