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

One of the Heroes in the Fight

CalHomeLaw.org is one of the heroes in the heroes in fight against abuse by Homeowners Associations. It costs a few bucks to join, but the average member will be paid back many times in advice and information. It’s designed for California residents but every homeowner in the country can profit from their wisdom and research.

Anyway, in their 2/25/12 email, CalHomeLaw notes how debt collectors cut their own throats in a meeting of the California Legislature. The Radcliffs were an elderly disabled couple in Calaveras County. For some reason, the couple overlooked a $120 annual assessment. The debt collector, Coast Assessment Collection, claimed the couple had been legally served with papers. During questioning, the company admitted that it had stapled the notice of foreclosure to a tree on the far side of the Radcliff’s property.

Angry senators then introduced SB137, a bill to clean up predatory collection practices. The new law demands that notices of foreclosure be physically put into the hands of those targeted for foreclosure. You can’t mail it, you can’t toss it on the porch, it has to be in the homeowner’s hands.

Also, the HOA initiating the foreclosure has to follow a number of other new procedures to make sure that homes aren’t whipped away from the owners. Dispute resolution is mandated.

Still, CalHomeLaw notes that many HOA debt collectors continue the old practices and haven’t improved their behavior.

Ah. Almost forgot to tell you. (dang my fading memory!) Most of the HOA debt collectors are law firms or subdivisions of law firms. (How could I forget that?)

CalHomeLaw.org has the whole sordid story posted.

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

“GET OUT OF JAIL FREE” CARDS

The game of Monopoly is one of the most popular board games in the world. Its roots were squarely in the Great Depression of 1930. Eighty-two years later, in the middle of another fiscal crisis, this author’s publisher, Judith Briles insisted; no, demanded that a two page chapter be added almost ad hoc at the end my book.  Perhaps she had too many margarita fumes wafting over her as she disembarked from her two-week annual vacation cruise. Or perhaps it was her recent nightmarish confrontation with her own Homeowners Association, but she is absolutely immune to any of my anemic last-ditch efforts at dissuasion.  She wanted me to produce some sort of “Get Out of Jail Free” card that lists some rules of conduct homeowners could carry in their wallets or pocketbooks at all times to help head off any kind  of unexpected meanness from a Homeowners Association.

Certainly, there’s enough historical intrigue around the game of Monopoly to merit some sort of examination of its perfidious past. Most folks don’t know that the British Secret Service once tried to use Monopoly to smuggle certain strategic supplies to prisoners being held by the Nazis. Fake charity groups distributed Monopoly sets that contained hidden maps, real money, compasses and any number of items that could ostensibly be used by imprisoned Limeys to conduct “escape and evasion” missions.

In my business, the Publisher is always right, and the Ink-Stained-Wretch is always wrong, so here is a secret document to be hidden inside all “Get Out of Jail Free” cards distributed to homeowners inside those gated private prisons otherwise known as “planned communities.”

The bottom line is that you, as a homeowner, are always wrong. If your dues are several weeks late, you get no grace period, whatsoever. Pay those dues including interest, late fees, collection fees, attorneys fees, everything.  Don’t argue. Even if your $300 bill has turned into $10,000, find a way to pay it. You could probably count on the fingers of one hand the number of people who’ve been able to get the courts to reduce that fee. Many of those people have spent $40,000 to win the $10,000 case, but no matter, just get it behind you.

If you have an urge to plant flowers in the Springtime, DON’T! Submit an architectural plan containing the exact number of posy seeds, the exact shape of the flower beds, and your future watering plans. Don’t expect the next board to approve any change made by a previous board. Re-submit the same plan each year.

While we’re on the subject, if a single board member has changed, immediately re-submit any requests you’ve made to a previous board. This includes architectural plans, requests to park a relative’s vehicle on the streets during his ten-day visit.

Do not put up Christmas lights of any kind.

Don’t even think of putting a wading pool in your back yard.

Don’t dream of planting a tree in honor of a dead father.

Never, ever think of air conditioners as necessary appliances.

If you have one too many cats, absolutely do not protest when a board member puts a bowl of anti-freeze on your porch. This is one fight you probably think you can win. You can’t.

An outdoor hot tub? Fuggeddaboudit.

If you are assessed a fine because a guest parked his car on the street overnight, do not attempt to argue that it wasn’t your guest.  If the manager or board member determines the car was close enough that it “could” have been your guest, you’re guilty.  In fact, in this society, assume you are always guilty. And you become even more guilty each time to try to prove your innocence.

Never say, “I know my rights!”

Never say, “I’m gonna call my lawyer!”

Never say, “I’ll see you in court!?

Forget the words, “This isn’t fair,” and “Everybody else is doing this.”

Never ask, “Can I work out a payment plan?”

As you fold this paper up and clip it to the “Get Out of Jail Free” card in your wallet, please understand that there have been rebels over the years who have won some widely-scattered fights with Homeowners Associations. Invariably, those victories have come at enormous and unexpected costs. The one thousand dollar fight you expect to wage in court has a nasty way of turning into two hundred thousand dollars. And rebels die young. They really do.

When you moved into an HOA, you thought you were making a move into Utopia, that gleaming City on a Hill, the Republic envisioned by Socrates, Plato and Aristotle. But the only thing that makes Utopia work is a blandness, a sameness, an agreement of understanding that no member of society will ever make waves. Communism described itself as Utopia. The Third Reich was Utopia. Utopia works because every man has surrendered his loyalty and his soul to a single Central Authority.

Keep this card close to your heart. I promise, and Judith, my publisher promises, it’ll keep you out of trouble.

This two-page chapter is really superfluous, because enough warnings have been scattered throughout NEIGHBORS at WAR. But Publisher Briles is a difficult taskmaster and one does not easily ignore her advice.  So here, with apologies to Parker Brothers, is your “Get Out of Jail Free” card with its application for a new era.

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

Nancy Quon Didn’t Commit Suicide

Use your heads, folks. Of course the coroner will rule suicide,  That’s a given. But across this world hundreds and hundreds of millions of people take a bath with a glass, or even a bottle of wine, and they don’t end up dead. How come only Nancy Quon has a glass of wine and dies in a bathtub?

Sure, she was under stress. She was about to testify that up to 120 others in the legal, political  and Homeowner Association industry were just as dirty as she was.  Nancy Quon, all by herself, crashed the dreams of millions of homeowners in Nevada.  But she had the ego to think she could skate from under all those federal charges. A woman with that kind of arrogance doesn’t kill herself.  She believes in herself right to the very bitter end.

The coroner will rule suicide because he really has no other choice.  Suicide is the easy answer. Suicide is the only answer. But when you hear that conclusion it will be a bald-faced lie.

Let’s look at the facts: at least 120 people wanted Nancy Quon dead. They hated her. Their life savings were stolen by her. Every hope and dream they ever had were robbed from them and they hated her with a passion.

And yes, there was even a previous murder attempt by one of her partners. His thumb-sucking amateur attempt went wrong for a hundred different reasons, but Nancy Quon’s days were numbered. Too many people, big and small, knew about her to ever let her get near a witness stand. That could never ever happen.

The Feds knew what she had. She’s been talking to them for months, mostly trying to talk herself out of a prison cell.  But she’s been talking, naming names, places, dates, and if they ever got her onto a witness stand the entire state of Nevada would collapse. Her theft of a couple hundred million dollars pales in comparison to what others have stolen.

I’m just a grizzled old reporter, one who’s watched this scene play out in a hundred courtrooms over a forty year career. I’ve watched it happen in a dozen different ways. But just remember my words. Nancy Quon did not commit suicide.

 

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

My Mistake, My Apology!!

 

I don’t know why I made such a horrible mistake, My error in judgment just baffles me. But for some reason, I always thought that people from New Hampshire were a little more reasonable, a little more gentlemanly in solving neighborhood disputes with more kindess, diplomacy and friendliess than the rest of us.. It was just a personal thing I always believed about people from New Hampshire. It just seems to have a ring to it, the abilty to believe that people from New Hampshire were above the common fray, just a little more reasonable than others.

Now, I’ve discovered that folks from New Hampshire don’t have any more class or honesty than the rest of us.

A lady name Kimberly Bois planted flowers in her yard. It was just a tiny garden in a townhome association. It couldn’t have attracted much attention. But her Portsmouth, New Hampshire Homeowner Association just decided that Kimberly was in violation, and they’re now fining her fifty bucks a day for trying to show some of nature’s beauty, that others could enjoy.

The fine is now up to $6000, not counting legal fees. But her HOA has every intention of taking her house if she doesn’t dig up and kill all those wonderful flowers. The goal, of course, to to make every home look identical, regimented, the thing you might see in front of an typical Army Barracks.

There’s nothing in the bylaws. It was just an arbitrary decision by a board majority.

Bois says it’s just not a happy place to live anymore. It just feels like a case of bullying.

Kimberly, just get out of there! Your beauty and grace is wasted on these lawn nazis and their lawyers. The HOA system is not based on traditional home ownership. It’s not based on raising the value of your home. It’s a legal scam where the lawyers insist on showing no mercy for covenant scofflaws. Keep each unit identical and file profitable lawsuits and foreclosures against every resident who shows any individuality. It’s all about finding an excuse for depriving you of your home equity. A perpetual cash machine for lawyers. No other explanation.

Kimberly, you’re needed elsewhere in neighborhoods where people actually love their neigbors and applaud their efforts to improve their homes and gardens. Get out before these parasites take you for every dime you own. Your talents, and your ability to bring about beauty is something that will be well respected elsewhere.

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

Prominent Las Vegas HOA Figure Found Dead

Nancy Quon, the attorney at the center of a Homeowner Association scandal in Las Vegas, has been found dead in her bathtub. Quon had been accused in an HOA construction defect litigation scandal that took in more than a hundred million dollars from insurance companies that represented Homeowner Associations in Nevada.

The FBI has been investigating up to a hundred Homeowner Associations in the Las Vegas area, and has staged several raids on the offices of HOAs and HOA management companies. The scandal has been in the hands of at least three federal grand juries over the past three years. At least ten prominent figures in the investigation have pleaded guilty to a variety of charges over the past five months.

Quon and her associates have been accused of arranging for ‘straw men’ to be elected to the boards of Nevada Homeowner Associations. Those newly elected board officers would then vote to file construction defect lawsuits against insurance companies. Those lawsuits were then funneled to construction companies affiliated with Quon’s law firm. The head of one of those construction companies is a prominent night club owner in Las Vegas who also runs a number of Nevada construction companies.

Police in Las Vegas say that foul play was not suspected in Quon’s death, and that she may have been drinking in her bathtub when she passed out.

A complicating factor, though, is that Quon and a Las Vegas police officer were accused of plotting to arrange her “suicide” more than a year ago, supposedly to collect insurance money for her children. The police officer allegedly arranged for the Las Vegas Police Department laboratory to manufacture a quantity of GHB, a drug frequently used at rave parties, to be used in her death. That officer’s conversation was recorded by a police informant and the officer is currently under indictment in connection with her attempted suicide last year.

During the alleged suicide attempt last year, Quon’s home caught fire and she was pulled from her burning home and revived by paramedics. She claimed at the time that she was not attempting suicide. Quon’s death will complicate the FBI’s investigation of the Homeowner Association scandal, since she was apparently the key target of the federal investigation.

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