Tag Archives: Neighbors At War: The Creepy Case Against Your Homeowners Association

Are HOAs Facist?

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I like pondering this question. Sadly, I can’t find the link for proper attribution. But the blogger talked about a statement made by Franklin Delano Roosevelt to a 1938 session of Congress. Here it is:

“The liberty of a democracy is not safe if the people tolerate the growth of private power to the point where it becomes stronger than the democratic state itself. That, in essence, is fascism – ownership of government by an individual, by a group or by any controlling private power.”

Whew! Sort of takes your breath away, doesn’t it? By casually stepping into a new form of government called the Homeowners Association movement, are we not giving away all of our Constitutional freedoms without giving it a second thought?

Sure, we’d all like to live in neighborhoods where property values aren’t brought down by some goofball with the muscle car on blocks and a trash can that never leaves the curbside. But at what cost? In the 1930s millions of people joined the Nazi party because they truly thought their membership was bettering themselves. They were truly enthusiastic about where their new party was leading them.

But are we going to sit back some day and ask ourselves, “did we once have something very special in this country, and we gave it all away?”

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

Texas Takes Aim Against Another Serviceman

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Bill Fry, an officer with the Army National guard, was returning from fighting in Iraq. All of a sudden he learned his HOA, The Spring Lake HOA of Mineoloa, Texas, had filed a lawsuit against him and his family because they put up the swingset to keep his kids company while he was gone.

It’s not an outrageous swingset. It’s not candy apple red and doesn’t flash with florescent colored lights. It’s just a nice wood and canvas politically correct swingset. But the officials at Spring Lake have gone apoplectic. They want it taken down, NOW!

Fry says the HOA approved the swingset before he left for Afghanistan. But the new board claims Fry’s wife didn’t get final approval and obtain final plans. It’s not that the swingset is wrong. It’s that someone on the board had a bruised ego because she wasn’t personally asked for her permission. There’s a chapter in my upcoming book, “Neighbors At War” which scientifically shows the changing chemistry in the brain when someone feels they’re not being awarded enough power over others.

In any event, whatever compromise Fry attempts to make, the HOA turns him down flat.
Spring Lake HOA, in Mineola, Texas. It might be nice to visit. But I sure as Hell wouldn’t want to live there.

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

Homeowner Association Beaten by a Pig!

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Wilbur the Pig’s family had to spend thousands of dollars defending their pet pig. So did the Harris County, Texas HOA, which did everything it could to have Wilbur thrown to the wolves. Wilbur is a Vietnamese pot-bellied pig, an extremely intelligent species which has been bred as housepets. Tens of thousands of pig owners say they make marvelous companions.

But The Thicket at Cypresswood Community Improvement Association thought otherwise. Just the thought that the Alex Sardo family was keeping a non-traditional pet in their home threw the HOA into histrionics. Threats to sue, threats to poison, threats of vandalism, threats to seize the Sardo home and sell it at auction.

Wilbur finally got his day in court, and for once a District Court Judge was not friendly to an HOA. He ruled that the evidence was clear that this breed of pig is definitely considered a household pet. But Judge Mike Engelhart went further. He warned that Homeowners Associations have a responsibility not to infringe too much on homeowners’ use of their land. He said it’s time to set a precedent: that Homeowners Associations cannot micromanage their residents behavior.

There was obvious pissing and moaning on the HOA side of the room. There’s no word on whether the Sardo family will be awarded legal fees. It will be a tragedy if they don’t get back every dime in this stupid dispute. It would also be true justice if a special assessment had to be levied against the whole neighborhood to pay for the wasted legal expenses.

Sadly, this won’t be the end of the story. Beware the “neighborhood nazi.” The Sardo family is going to be made just as miserable as this HOA dares.

3am Raids on Private Homes? By HOA Officials? Stunning!

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Nine residents of a Sacramento condo were rousted from their beds by armed security guards in April. They were forced into the street in their underwear, and the condos were sacked. Their belongings were through after them. They never new such a thing could happen in the “land of the free.”

Welcome, suckers, to HOA America, the land of the modern day Gestapo.

The evicted families were tenants, who’d never been informed that their landlords had allowed the building to go into foreclosure. The guards accused them of being squatters, told them they were going to be arrested and charged with burglary. The condo raid was carried out by Paladin Protection Security and the Jasmine Homeowners Association.

After two hours, the security guards apologized and left. One of them said, “Between you and me and the lampost, your Homeowner Association isrealized the mistake and left. One of them said, “Between you and me and the lampost, your homeowners’ association is a little over the top.

No kidding.

The tenants have now found a lawyer and they plan to sue both the security service and the Jasmine Homeowner Association.

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

Outrage in Florida HOA

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There’s no question that Florida Homeowner Associations have suffered in the housing downturn. There’s no question it has impacted just about everyone. But some HOAs have found ways to take the most outrageous actions against a few homeowners to siphon off money and ownership rights of the few to help pay the expenses of the majority. Welcome to the kind of “democracy” practiced by the Bridgewater Community Association in Wesley Chapel, Florida.

Joanne McCarn says she missed an annual dues payment of $225 when her mother died. She was willing to make that up, but then she discovered the amount the HOA wanted was more than ten times the amount owed. She balked. She moved out, and put in a tenant to help make the mortgage payments.

The Bridgewater HOA told her she had to pay a $500 fee to the HOA before they would give her permission to rent. But the dispute escalated. The HOA didn’t foreclose on the home, but it evicted McCarn’s tenant and then moved in a tenant of their choice.

McCarn says it’s impossibly wrong. The HOA doesn’t own the house, McCarn does. But without going to court the HOA has essentially seized the home. They’ve appropriated the income stream from their replacement tenant. And they’ve done the same kind of thing to six other homeowners at Bridgewater.

Even lawyers who customarily support HOA actions against homeowners who get behind on their dues, says this kind of action is without precedent and is not something the law allows.

Perhaps so. But as growing numbers of these stories emerge, it builds the feeling among many people that the basic structure of the American HOA is fundamentally corrupt and totally outside the U.S. Constitution. They’re beyong the law.

http://www2.tbo.com/news/real-estate-news/2012/apr/29/namaino1-homeowners-association-rents-home-it-does-ar-397871/

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