Tag Archives: Homeowner Association

The Horrible Newtown Tragedy

Teacher carries guns

Teacher carries gunsI really shouldn’t take space on this HOA Hell Blog to comment on the horrific mass murders of small children in Connecticut. But since HOA board meetings have also experienced some mass shootings by deranged homeowners, I do have some observations about the current anti-gun hysteria. I am a supporter of the Second Amendment and the reasoning behind it. And yes, I support any law that would take guns out of the hands of criminals, drug gangs, children, untrained gun owners and the mentally ill.

But consider this: not a single one of the current gun-ban proposals will work. Just last week, an Illinois judge ruled that a gun ban in that state was unconstitutional.

And there is the rub. The U.S. Constitution. If firearms are to be banned the only appropriate way to do so is to change the Constitution. I’m not advocating it. I’m just saying it.

I’m also linking to a related news story that most of America probably missed.

Read the original article here …

Finally, A Good Court Decision!

Reston's Shadowood

Reston's ShadowoodIt’s not often that the lowly homeowner has much of a chance of getting a fair hearing in court. The vast majority of all rulings are against the homeowner and in favor of the private non-profit corporation. And many’s the judge who’s told a miserable homeowner that he or she should have read his covenants before signing the real estate documents.

Last week’s ruling, though, by the Supreme Court of Virginia was a clarion call to the National Homeowners Association Movement that it can’t stomp on the homeowner’s Constitutional rights forever. Basically the court ruled that the Shadowood Condominium complex in Reston, Virginia cannot assess fines against residents because there was no such permission granted in the development’s master deed. Bam! Pow!

Stone-faced attorneys in Virginia said the ruling will have a profound impact on 10,000 Homeowners Associations across Virginia. It certainly will have a profound impact on lawyers who make a fancy living from dragging homeowners into court over stupid covenant violations.

Just reading about the wrongdoing by certain Shadowood officials over the years is enough to make one weep. Millions of dollars spent on ‘improvements’ with no accounting oversight. Tens of thousands of dollars paid to certain HOA board members for ‘services rendered’. Towing cars right before Thanksgiving. Turning off the heat and air conditioning to ‘punish’ rule-breakers. It’s ugly, and I’ve linked to the Washington Post’s story below.

Law professor Evan McKenzie predicted in his last book, Beyond Privatopia, that Homeowners Associations were going to face a day of reckoning. He was precognizant, a man of real genius.

Folks, the mightiest dam in the world can collapse. The collapse, no matter how large, starts out with a microscopic fissure somewhere.

This dam has not yet collapsed.

But it will.
Read the original article here …

 

 

‘Tis The Season To Be Folly

Ah yes, Good Friends. This is the season where bad neighbors are supposed to join hands, ill will is forgotten and life is reborn. After all, the Christmas holiday theoretically celebrates the birth of Jesus Christ, the human form of God Almighty. The birth of Jesus and His subsequent ministry changed the world in a mightier way than any other man, religion, idea, or concept in history.

True Christian brotherhood should never have permitted the Crusades, or the enslavement of races, or a host of other things that Mankind has brought upon himself. Belief in Jesus Christ mandates that believers forgive, forget, and make a moral and spiritual change that amounts to a profound rebirth of the inner spirit. True Christian brotherhood also mandates that even non-believers and skeptics be given as much respect, consideration and love as those inside the faith. Christ was inclusive, not exclusionary, and Christ-followers do not have the right to assume themselves better, or wiser, or more blessed than non-believers, or to demand that non-believers change their ways and accept a belief system against their wishes and without question.

Christ-followers make just as many mistakes as those outside the faith, and human conflict doesn’t vanish simply because someone wishes another “Merry Christmas.”  No, strife goes on, and will always go on because all men and women, including Christians, are imperfect.

This blog is usually about that odd American institution known as Homeowners Associations, an invention originally devised to keep blacks, Orientals and Jews out of white neighborhoods. Doesn’t sound very ‘christian’, does it?

Some believers like to play the WWJD game when confronted with a controversial and puzzling life situation. WWJD?  What Would Jesus Do? Trying to understand the life and ministry of Jesus, in light of a given current controversy, which side would this incredible figure in history take?

For example, WWJD in a neighborhood where widows have their homes foreclosed upon when money is short and the HOA dues are late?  WWJD in a neighborhood where a child with Down’s Syndrome is forbidden from playing outside because the HOA won’t permit a porch enclosure to keep the child from wandering into the street? WWJD with a neighborhood where Negroes are subtlely steered by Realtors away from Caucasian enclaves? WWJD with a Homeowners Association that threatened to sue, seize and auction off a home where a child used firewood and branches to set up a temporary kids’ fort, or where a grandmother was told to face a lawsuit because her daughter’s backyard playhouse was pink instead of beige?

And what about neighborhoods that sue to force homeowners to remove Christmas lights that are set up to celebrate the birth of Jesus Christ?

That last question is actually pretty easy to answer. Jesus was not a maniacal egotist. He would never have demanded that humans set up displays to celebrate his birth. He would have preferred that warring neighbors just find a way to treat each other with love and respect, lights or no lights.

Ward Lucas, author of:

Neighbors At War! The Creepy Case Against Your Homeowners Association

Book Is Selling!!!

Neighbors at WarBTW, most of you know, but my new book, “Neighbors At War,” has been out for two weeks and sales have already started! I duplicate this blog over on my website, NeighborsAtWar.com  Just click on the HOA HELL button to reach all these same blog posts. You can purchase my book from the webpage, or buy it on Amazon. Just run “Ward Lucas” in the book section and it should pop up.

Lots of good comments, so far. Ah! And BTW, most authors would never in a million years think of offering a money-back guarantee. But I will! Buy the book directly from me (NeighborsAtWar@hotmail.com) and here’s my promise: If you aren’t entertained, if you didn’t learn something new, if you can’t find some tragic HOA member to give your copy to, then return the undamaged book to me. I will write you a personal check to reimburse you for the book! My word is my bond!

Ward Lucas

151 Summer St #463

Morrison, CO 80465

 

Wow! Great Article!

There are thousands, possibly tens of thousands, of news articles about people who’ve been royally shafted in the American HOA system. There’s a very good article in today’s Fort Worth Weekly entitled “Hostage, Sweet Hostage.” It tells the story of a family who moved into a Texas HOA looking for security and safety. But an argument over a vehicle led to harrassment, fines, lawsuits and has cost this family their peace of mind.

This gated HOA has used a weapon against the family: locking the gate so they can’t reach their home, their guests can’t visit, the babysitter can’t enter to care for the kids. And when the family protests, HOA officials just flatly refuse to talk to them. Ah, but the HOA president finally talked to them. But only after joining hands with the family and praying before lowering the hammer.

What a world!

http://www.fwweekly.com/2012/11/07/home-sweet-hostage/