Tag Archives: HOA

How to be a Renegade in your HOA

guest blog by Deborah Goonan

In the festive spirit of the season, I thought it was time for a little HOA Humor. Here’s my list of how to have a little fun, stir up a bit of conflict, and make yourself infamous in the eyes of your HOA Board. Warning: could be hazardous to your health and your bank account. In the comments section, feel free to add suggestions of your own!

Paint your front door purple, without getting approval from the architectural control committee.

Leave your garbage can out on the curb more than 24 hours after trash pick up.

Swap out your thirsty landscape for a xeriscape. Or plant herbs or vegetables.

Fly the American flag, upside down, on a pole that is 6” too tall.

Display the wrong kind of plants or “unauthorized objects” in your flowerpot on your porch or patio.

Hang window coverings that are any color other than pure white on the side facing outside.

Allow children to play in the yard, and leave some toys on the front lawn.

Refuse to submit a DNA sample of your pet pooch.

Ask to see financial documents.

Insist that the Board get at least three competitive bids for contracts, instead of going with the same contractor, year after year, despite poor service.

And, finally, display the holiday décor of your choice, even religious symbols, inflatable snowmen, and blinking lights!

David Beats Goliath: Eminent Domain Land Grab Squashed!

guest blog by Deborah Goonan

Here’s more positive news for homeowners, just in time for the holiday season.

Residents of homes in Pleasant Ridge, Charlestown, Indiana, have good reason to celebrate this year. They fought City Hall, and won! A few months ago I blogged about the Mayor of Charlestown declaring the modest neighborhood of 345 homes “blighted” and planning to sell the land to a private developer. That would have meant all the existing homes would be razed to make way for new development of multifamily homes.

Institute for Justice has been working with citizens in a grass roots campaign to defeat the planned sale. It turns out that Indiana was one state that amended its eminent domain laws in 2006, in response to the well-known Kelo v. City of New London “Little Pink House” legal case. Indiana’s law now states that land cannot be taken and handed over to a private developer.

What do we take away from this story, combined with the recent news of the NJ’s Supreme Court’s decision to uphold free speech in common interest communities – a huge victory for HOA homeowners?

Grass roots pressure works, when properly organized. Our State Constitutions matter! States can strengthen their own Constitutional laws to prevent Developers and Real Estate corporate interests from exploiting loopholes and running roughshod over the interests of Ordinary Citizens. In both of these cases, it was legal advocacy – not political advocacy – that resulted in justice being served.

Local politicians in Charlestown fell in line when public pressure reached critical mass, with the help and guidance of advocacy group IJ, possessing legal clout and credibility to get the job done.

A tenacious retired prosecutor was determined to defend his rights. The ACLU in New Jersey stepped up to the plate, and submitted an Amicus Brief that blew CAI’s legal arguments out of the water.

Despite all of the political polarity we have in our country these days, note that positive changes are happening with bipartisan advocacy efforts – the “Conservative” Institute for Justice, and the “Liberal” ACLU.

When concerned Americans unite against injustice, in ways that are constructive, good things happen!

What are your thoughts?

(link to IJ news release: Largest Eminent Domain Land Grab Defeated

 

Another Delicious HOA Indictment

I suppose it’s bad manners to dance on someone else’s grave, but if I had good manners I would never have started this website. But this one is too good not to note.

Another woman has been indicted in the federal racketeering case against a dozen Nevada Homeowners Associations. There’ve been about forty federal indictments already, with most of the suspects pleading guilty in exchange for their testimony in court. Stephanie Liane Markham has the honor of being the latest to be indicted for perjury and obstruction of justice. Seems she’s accused of lying to the feds about the fact she only had a one percent interest in a condo at the time she ran for a seat on the board.

A number of other suspects in the federal case were planted onto boards so defect mitigation money could be siphoned away from homeowners into the pockets of crooked lawyers, police officials, politicians and businessmen. And I’ll never let a story like this slip by without noting that a prominent attorney and three other suspects in this investigation committed ‘suicide.’ At least two of them were highly suspicious deaths, Las Vegas style.

The federal HOA case is going to trial in February. It’s long been my contention that a nearly identical criminal investigation could be launched in 49 other states.

(link to Stephanie story in Las Vegas Review Journal)

 

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)