I should charge money for psychic readings! It was four or five years ago that I began predicting the advent of drones and that they would eventually be cheap enough for the boards of Homeowners Associations to start using them to inspect the most private part of your property. Your nude sunbathing or hot tub trysts could be played on the TV set at the HOA clubhouse and you probably wouldn’t win a legal case.
Well, so far I’m batting about 90% so far. The drones are here. They cost as little a four hundred bucks. And they’re popping up in thousands and thousands of places. Realtors are using them to advertise homes and neighborhoods. Terrorists are using them to interfere with commercial aircraft. Voyeurs are using them to videotape you and your lover on the backyard blanket. The FAA only controls drones in airspace over 1000 feet.
Privacy? Fugeddaboutit!
There’ve been a number of cases where homeowners have shot drones out of the air. The shooters usually end up being arrested and jailed. But it’s a whole new area of developing law and will probably take a decade or more to resolve. In the meantime even if a jury finds you not guilty you will have expended hundreds of thousands of dollars on legal fees.
The blog I wrote about the Raintree Lake HOA in Lee’s Summit, Missouri on August 10th mentioned discussions of a GoFundMe account for the Stout family legal defense. They are standing up and fighting against the HOA to keep their daughters’ purple playset.
Sure enough, somebody took the bull by the horns and set it up. The donations are rolling in. And the comments from some of the donors are VERY interesting. Even a Realtor is making mention of people being afraid to buy in HOAs. How many times have we heard that before?
It’s so sickening to think all that money will go to fund the college funds of children of two HOA lawyers. Or maybe a second home in Breckenridge, Bozeman, or Bonaire. Or, possibly a yacht for the Lake of the Ozarks. No matter what the outcome of the lawsuit in the courtroom, the lawyers come out the winners. This is how the HOA legal game is played. Everybody loses except the lawyers. The pay off is determined by how long the lawyers can keep the battle raging.
When I sold yellow page advertising years ago, I had hundreds of attorneys as clients. When I asked what was the best case I could bring them they would tell me a nasty divorce. Naive me, I asked how do you know it’s a nasty divorce? With a chuckle from the attorneys I kept hearing, “you get them to call and we KNOW how to make it nasty!” Something tells me the days of the nasty divorces have been replaced with nasty HOA legal battles. Unfortunately, in that arena, I am not at all naive!
The Boulder Weekly is not really known as a bastion of fine journalism. An example is linked below where the reporter could really have done some better research.
The story is about Knollwood Village Homeowners Association, a tiny HOA just a five minute walk from the University of Washington Campus. The CC&Rs say renting a home in the HOA is limited to a single married couple only and immediate family members.
Well, since this year’s Supreme Court ruling the definition of ‘marriage’ no longer exists. The definition of ‘family’ no longer exists. Whether right or wrong that’s the functional result of the ruling. So a marriage or a family is anything a person, or his partner, or his or her multiple partners are say it is.
Yes, this HOA restriction against unmarried people living in Knollwood is illegal. No, the HOA can’t do anything about it. The City of Boulder is giving the complaint about three minutes worth of lip service. But anti-discrimination laws are the same under Boulder ordinances as they are in federal law and federal court decisions.
This one is huge, and it’s developing right now in Colorado.
A Homeowners Association in Vail is being sued because one of the supervisors in the management company was a jerk who was mistreating female Mexican workers. The Feds are now suing both the management company and the condo association.
I’ve owned two ski condos in that same area and I never had a clue who the management company was. I did get dinged a couple of times when I tried to change the locks on my doors. The management company bored through the locks, changed the door handle and charged me for their work. Yes, I was p.o.’d about that and it was one of the reasons I finally dumped the condos when the market improved.
But what if a federal EEOC sexual harassment lawsuit/judgment happened while I was still an owner? I could have been hit with a 10 to 50 thousand dollar special assessment for something I had zero knowledge about. Most Vail condos are owned by average people in Denver who just want to ski a week or two a year and rent them out the rest of the year to make the mortgage payments.
Incredible that completely innocent homeowners or condo owners could be financially ruined by this kind of thing.
Something about the condo purchasing information in this newspaper column tells me she’s had some first-hand experience. She knows enough to wave the warning flag and sound the alarm, but not enough to know those items are the lesser of the worries in a condo purchase.
I’ve written her a paragraph about my perspective on condo living. If you feel so inclined to help add to her HOA education write her at: Heloise@Heloise.com
Perhaps it will be a newspaper columnist who impacts the most people in the shortest time period? I don’t know. What I do know is the vast knowledge about HOA and COAs among our readers must be shared far and wide.
Just today, I called an Attorney General’s office for some information as I was investigating another HOA nightmare. She asked me, “What makes you inquire about HOAs?” I proceeded to give her the shortest version I could of the past eight years of my HOA exploration and experience. She said, “You sure called me at the right time!” Our conversation continued with her telling me she is looking to buy her first home. All of her friends have purchased condos!!! She thanked me several times for the information I gave her. I hung up feeling like I had just saved a life! I feel 99.9% sure no real estate agent will get her signature on a contract for an HOA property. And I know she will do the research and read the things I suggested so her level of knowledge will most likely be greater than the Realtor trying to sell her a property.
