Tag Archives: Home Assoc

The Bad Side of HOA’s

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Despite a few changes in law in such states as Texas and Arizona, Homeowners Associations are developing an increasingly bad reputation because of the ongoing spate of news stories about homeowners abused by the HOA system. Homeowners wrongly believe that HOAs are created to maintain property values and help homeowners get along with each other. Nothing could be further from the truth.

In city after city, stories are published about homeowners losing their homes or being hit with massive fines for petty violations such as being a few dollars late on monthly dues, or leaving the trash can out an hour after the prescribed deadline. And that’s just the tip of the iceberg.  Sometimes a Homeowners Association levies a fine just because a member of the neighborhood does a good deed. That’s what happened to Jim Lane, a resident of the Gilead Ridge Homeowners Association in North Carolina.

Lane says he always enjoyed helping fellow neigbors beautify the neighborhood. He says he noticed the neighborhood park had become untidy and unsightly, so he cleaned it up and planted some flowers there. He should have gotten a commendation from the HOA, right?

No, Lane was slapped with a fine for planting some “unauthorized flowers!’

When he refused to pay, he was hit with a lawsuit, a lien on his house and threats of foreclosure.

Lane’s sad case is not unique either. Cases similar to his are popping up in thousands of Homeowners Associations across the country. The stories are causing many people to have second thoughts about moving into an HOA. Even a Realtor’s claim that an HOA might be “one of the good gones” has to be viewed with suspicion. All it takes is a single election of a “problem board member” to completely change the flavor of a neighborhood, making property values decline instead of remain stable.

Ward Lucas
Author of
Neighbors At War: The Creepy Case Against Your Homeowners Association

Wellington Colorado, where Dullness is King but the Bird-Brains Rule

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There’s not much to do in Wellington, Colorado. It sits on the dusty plains of Eastern Colorado on the border with Wyoming, surrounded by corn and sugar beet fields. It’s an inordinately boring town that features a couple of local coyote packs, a small school, and an occasional June tornado that rips off some shingles and sometimes tips over an unwary cow. Sometimes a high school scandal erupts about which girl is going to be going away for little while to resume her high school education at another school or other time. Such high school diversions have caused titters and tutters among the local townsfolks for generations. It’s none of their business, of course, but in a small town such things are everyone’s business. Damn the nosy, but that’s about all the outrage that can really be raised.

In recent years, some out-of-town land developers speckled the dusty landscape with several Homeowners Associations, little knots of elbow-to-elbow houses bound together with gallons of beige paint and criminally restrictive neighborhood covenants.

To break the monotony of the Wellington winter, homeowners Davin Armstrong and Amber Hersh put up a Christmas light display on their home, which by now has attracted every resident of Wellington at least twice. It’s not as extreme as the Christmas display once built by Clark Griswold, Jr., but it’s eyecatching and attractive and a wonderful break from the small town boredom of Wellington.

But surprise, surprise! Davin “Griswold” Armstrong is now being threatened by his Homeowners Association! The small town gossip grows anew. Remove the Christmas display immediately or face fines, humiliation, and probably confinement in the local pillory and stocks.

It seems that the HOA covenants left behind by those frisky land developers permit only three lawn ornaments per home, not the 23 that “Griswold” Armstrong has installed.

If ever there was a reason to refuse to live in Wellington, Colorado, you’ve got it. Not even the Christmas Grinch would find this town to his liking. It just doesn’t respect the rights of the individual to be different or unique. It doesn’t permit privacy to be a personal privilege. Those who live in Wellington, Colorado deserve to live in Wellington, Colorado. God Bless them all. God protect them all.

Ward Lucas
Author of
Neighbors At War: The Creepy Case Against Your Homeowners Association

ANOTHER SUSPECT IN HOA CORRUPTION CASE INDICTED

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Investigators of HOA corruption in Las Vegas have scored another bit hit. They have indicted a Bevery Hills man for felony embezzlement and theft.  The indicment accuses Massoud Aaron Yashouafar of stealing more than a million dollars from the Paradise Spa Homeowners Association. Yashouafar was the treasurer of the HOA.

In the past two years, two fires have erupted in the complex in Las Vegas. Insurance companies gave Yashouafar up to a million dollars to repair the damage.  But owners of units in the complex say they never received any insurance money, and to this day Paradise spa is marred by the two fires.

Yashouafar has been the subject of criticism in previous months. Members of the Nevada State Legislature says Paradisa Spa was an example where a single property owner bought up more than half of the condo units, and then suddenly stopped paying HOA dues on any of his properties. His actions crashed the value of all the remaining units because no money was available for maintenance or payment of utilities. As utilities were shut off, homeowners faced foreclosure and bankruptcy.

Yashouafar’s attorney says his client will plead not guilty in the case.

Ward Lucas
Author of
Neighbors At War: The Creepy Case Against Your Homeowners Association

If it’s Tuesday, it must be another HOA Embezzlement

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Millions of people move into Homeowner Associations, thinking they’re protecting the value of their home. They sign covenants promising to abide by a byzantine set of covenants that amount to a surrender of all Constitutional rights. They reason, “At least I’m protecting my investment.”

But in a massive number of Homeowner Associations, someone on the inside is embezzling staggering sums of money, all of which have to repaid by the homeowners. If the crook is caught, the judge generally orders restitution, but that’s just pro forma. It rarely happens. When homeowners are forced to make up for the stolen money, for all intents and purposes it’s a direct devaluation of every home in the neighborhood.

Ah, I shouldn’t close out this blog without giving credit to the latest embezzler.

Theresa Tierney.

Strickland Farms Homeowners Association, New Jersey.

600,000 dollars.

You go, girl!

http://www.ahherald.com/newsbrief-mainmenu-2/law-and-order/12260-oakhurst-woman-admits-embezzling-400000-from-homeowners-association?tmpl=component&print=1&page=

Ward Lucas
Author of
Neighbors At War: The Creepy Case Against Your Homeowners Association

Jesus Christ, What Happened To Us?

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One of the saddest stories out of Washington this Christmas is that Congressmen are forbidden from wishing their constituents “Merry Christmas” if they’re using Congressional franking privileges. In fact, the newest rules accept “Have a happy new year,” but do not permit “Happy New Year!”

It seems the PC crowd doesn’t want tax dollars used for anything that even hints at any connection to religion. The First Amendment doesn’t mandate that life in America be absolutely secular, it simply says that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…” But 200 years of Supreme Court rulings have decided that the First Amendment doesn’t say what our common sense tells us it does.

Jesus warned his followers that “all men will hate you because of me.” But who knew that such hatred would be so virulent?

And yes, the PC movement has also hog-tied the Homeowner Association movement. Even though HOAs claim they are not government agencies, across the country they are falling in line, banning Christmas lights, religious displays, Mezuzahs, crosses, figurines of Mary.

Most Christians are not offended at Hannukah greetings from Jewish friends, Jews are generally not emotionally shattered if someone wishes them, “Merry Christmas.” Presumably, as other religions are more widely recognized, greetings connected to their own holidays, celebrations and customs will gain additional traction.

But it’s a sad, sad world that doesn’t acknowledge the mysteries and majesty of God.

Merry Christmas, everyone.

No offense.

Ward Lucas
Author of
Neighbors At War: The Creepy Case Against Your Homeowners Association