Tag Archives: Home Assoc

Kind Of Funny, When The News Media Begin To ‘Get It!’

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Yep, nobody’s guiltier than this long-time reporter. So many times over the past four decades the real import of a story has just sailed over my stupid fuzzy head.

But it’s fun to be a witness when a reporter suddenly has that head-thunking moment when he or she realizes that they’re actually reporting on a story that has real national significance!

Today’s ‘head-thunker’ is Jodie Fleischer of “Channel 2 Action News” in Forsyth County, Georgia. She’s just discovered that private HOA security guards are embued with the same powers as police officers in making traffic stops inside Homeowners Associations. Now try to understand this: Homeowners Associations are private non-profit corporations which have ZERO government powers, ZERO government enforcement abilities. Yet these sleazy little white-bastion gated communities are acting like they have all the Constitutional Powers customarily reserved for trained police officers. Every trained cop in the country should be mightily offended.

We’ve already had the Trayvon Martin disaster where an untrained ‘HOA security cop’ killed a kid who was walking through the neighborhood. Again, I have no opinion as to whether the fault was Trayvon’s or George Zimmerman’s. But this is like a ticking time bomb in every one of the nation’s carefully coiffed gated communities.

Trial lawyers are broke right now. Their phones have stopped ringing. The recession has eaten deeply into their personal savings. They are birds-of-prey at this moment, floating and circling over the countryside looking for any available carrion in these HOA communities. Every single time a private security guard pulls his lights, siren, badge and ticket writing stunt on a detained motorist, there’s a lawsuit in the making.

Every time a lusty young private HOA security guard takes a sideways glance at a low-cut blouse on the most recently detained motorist, there’s gonna be Hell to pay.

And it ain’t Hell that’s going to be paying the legal bills. It’s each and every member of that private gated Homeowners Association.

Jodie Fleischer, take it from a long-time fellow reporter. You’re hanging onto the threads of a donkey’s tail. This story will kick you into the mud, or into the Big Leagues.

http://tinyurl.com/c3fbb7k

(original source)

http://www.wsbtv.com/news/news/local/do-security-guards-issuing-traffic-tickets-overste/nXXbD/

Don’t Like The Blogger? Sue His Butt!

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They’re often called SLAPP lawsuits, a frivolous suit filed just to shut up an annoying critic. The acronym stands for “strategic lawsuit against public participation.” SLAPPS were sometimes used by major companies to hush up environmentalists. Sometimes it was used the other way around. The bottom line was that lawyers were hired to cause the other side great expense and great anxiety, nothing more, nothing less.

SLAPP lawsuits have made their way into the world of Homeowners Associations, too. If you don’t like the neighborhood critic, just hammer him with a SLAPP lawsuit. But there’s a troubling little annoyance called ‘The First Amendment’, and a troubling little Supreme Court decision called ‘New York Times vs. Sullivan’ that essentially says if you’re a public figure you’ll get nailed if you try to jam up the Free Speech rights of the neighborhood critic. A public figure has to be able to prove ‘actual malice’ in a lawsuit against someone who’s just expressing an honest opinion about what’s right and what’s wrong. It’s more complex, of course, but I go into the subject in detail in my new book, “Neighbors At War!”

But the commentary linked below shows that it can be very expensive for an HOA board member to use neighborhood monies to fund a lawsuit against the local loudmouth. Nobody wins in these idiotic SLAPP lawsuits. Everybody loses, that is, with the exception of the lawyers who file and defend such lawsuits. They always make money. That’s why there are so many lawyer jokes in the public discourse.

The wisest words in the story linked below: Get over it. Move on.

http://www.opposingviews.com/i/technology/florida-homeowners-association-sues-resident-critical-blog-comments-seeks-identity

Are Texans Stoopid?

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What’s difficult to understand about the word ‘accountability’? Texas is one of a number of states where legislation is pending which would reign in the massive power of private HOA management companies. Homeowners in Texas, and elsewhere, are tired of being ripped off by arbitrary fines, punitive social controls, predatory towing of vehicles, confiscatory debt collection practices, abusive lawsuits, and massive embezzlement from the budgets of Homeowners Associations. This is not a hard problem to understand. Your home is your castle. Isn’t it?

But on the other side of the accountability aisle are State Representatives and Senators who’ve made hundreds of millions of dollars for supposedly ‘managing’ planned communities. They hover like birds-of-prey over the neighborhoods they supervise, and the moment any weakness is spotted they swoop down and make a kill strike on a beleaguered homeowner, liening his home and selling it at auction before the homeowner can even catch his breath.

As good as this pending bill is, it doesn’t have a ghost of a chance of passage. The powers that be rake in too much money. An accountability bill would murder their profit margins.

I used to live in Texas. I never thought Texans were stupid.

Maybe they are.

http://www.texastribune.org/2013/04/09/hoa-accountability-bill-stirs-debate-capitol/

Beyond Hilarious! Kick ’em Where It Hurts!

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Dear Friends, I’ve spoken occasionally about keeping your sense of humor no matter what nightmare you’ve experienced. Yes, the battle against the national HOA scam can scar a person’s heart forever, but humor has the incredible power of healing the damage. And humor, in some cases, is more powerful than a nuclear weapon. Want proof?

United Airlines baggage handlers busted a guitar which (unhappily for United) was owned by Dave Carroll, a folk singer from Nova Scotia who has a finely honed sense of hilarious indignation. United refused to repair the damage to the guitar. And now there’s a song that’s gone viral. And another. And another. Now there’s even a book. And a speaking tour. A Google search turns up nearly four million hits. It’s all called, “United Breaks Guitars.”

United Airlines has lost millions and millions of dollars in its public image because of this one singer’s poetic irony. United has now offered to pay for a new guitar. It’s offered to buy the song rights. It’s offered the singer vast sums of money to take his songs and his story off of YouTube. But with millions of fans watching the song, Dave Carroll just can’t afford to quit singing. And United Airlines continues to lose millions in its public image. That’s how powerful humor is!

Dave Carroll’s second video is even funnier than the first.

United Airlines, the behemoth that it is, has learned that every single customer is important. In our fight against the racketeering that pervades the American Homeowners Association Movement, every single homeowner is important. And that’s what arrogant organizations like the Community Associations Institute may learn at some lovely point in the future.

Hoo Boy! Let The Lawsuits Begin!

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It’s hard to sue the government. In fact, the federal government actually has to give an injured party permission to sue. Some states have imposed a maximum limit on how much an injured litigant can win in a lawsuit against the state. Colorado, for example, passed a law saying no prevailing party can win more than $250,000 in damages.

Well, that’s changing in the most unexpected ways.

The Christian Science Monitor reports that as tax revenue dries up, and police layoffs occur, wealthier neighborhoods are hiring private security companies to replace the lost police officers.

Whammo! Bammo! Here’s a tort lawyer’s wet dream! Private communities (read Homeowners Associations) are private non-profit corporations. And they do not have government immunity from lawsuits. The run-of-the-mill HOA can be successfully sued for millions and millions and millions of dollars.

Just think, twenty-four hours ago, we read that Trayvon Martin’s parents won an out-of-court settlement from the Retreat at Twin Lakes Homeowners Association of more than a million dollars. The future for tort lawyers and their clients against Homeowners Associations is golden. Let the lawsuits fly.

http://www.csmonitor.com/USA/2013/0405/As-cities-lay-off-police-frustrated-neighborhoods-turn-to-private-cops?nav=87-frontpage-entryInsideMonitor

It’s spreading! There are more Trayvon Martin type confrontations/lawsuits in the works. This doesn’t amount to dipping your toe in the outhouse sludge. It’s a headlong dive! Hold your breath, Sucker!

http://www.khou.com/news/local/Houston-neighborhood-turns-to-private-security-firm-for-protection–201168841.html

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