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

The Very Last People We Should Screw Over are the Handicapped!

We see it in state after state.  A family in McNary Estates, Marion County, wanted to install a privacy screen to keep their Down’s Syndrome kid from wandering off into the golf course. The youngster was once hit by a golf ball.

McNary Estates lawyers screamed “It’s not in the law. Besides the kid isn’t even a member of the family. He just stays there a lot!”

Well, the son stays in the home all the time now.

The court fight was waged, thousands and thousands and thousands of dollars were spent. The homeowners of McNary Estates, of course, will get hit with a special assessment to pay for the meanness of their lawyers and their Board of Directors.

McNary Estates, Oregon, of course, has lost a little prestige in the eyes of the community.

But a little boy now has privacy screens to protect him.  A Circuit Judge said so.

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

Pool Inspections Way Behind in Nevada

This one’s almost too funny to comment about.

Nevadans turned over their official pool inspections to the government. As a matter of fact, Homeowner Associations ARE de facto governments.

But now the tiny handful of workers in the Southern Nevada Health District just don’t have the time to inspect all those thousands of Nevada swimming pools. Some HOAs are being told by the inspector they’ve got the wrong drain system installed. They spent thousnads to create the supposedly “accepted” drain system, only to be told the old drain was correct, the new one is wrong, and now thousands more have to spent on digging up the new drain and installing the old.

It’s government, Baby. And because you’re now a big HOA, YOU ARE the government. In your new role, you are not aggrieved citizens who ought to be treated as if you have any special rights. You signed those rights away when you bought a dream home in “covenent-protected” America. Welcome to RealVille.

And by the way, that’s another of the many reasons your house values are plummeting. More and more people are getting gunshy about buying a new home in “Government Housing.”  They’d prefer the strength and power of being able to stand in front of a bureaucrat and say with confidence, “Hey, I’m a real citizen you’re dealing with here, Buddy!”

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

Sometimes the Good Guys Win!

You might have heard me bloviating about the Andover Forest Homeownes Association in Kentucky. Seems they were going to start fining and/or suing the family of  a three year boy named Cooper.

Cooper has cerebral palsy, you see, and several family doctors have recommended that he be allowed to have a playhouse of his own to help with his therapy.

BAM! That ran into a brick wall of stiff necks at the HOA Board Meeting. “Nobody gets an exemption from the covenents, not even a sick kid!” you can just hear that kind of language being hurled about.

Both sides “lawyered up,” which means thousands of dollars have already been spent.

After tons of national and international publicity, the HOA lawyer, Nathan Billings said, “The Board of Directors would allow the playhouse to stay in the family’s yard for the time being.

“There has not been a denial of the requested accomodation for the playhouse. There is a continued temporary exemption of the playhouse pending the parties mediating the dispute or a court determining what information the association is entitled to.”

Don’t you just love the weasel words that come from most lawyers? What he really means is, “this case is good for some more money. Let’s just keep it moving along, slow down the process, collect our billable hours as long as we can get away with it.”

In the meantime, little Cooper is smiling at us from the window of his nice new playhouse.

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

Subject: Editorial in Raleigh News & Observer 2/3/12

Gather a group of people who are members of different homeowners associations and you’ll hear tales across the spectrum of human behavior. Some HOAs are run by groups of well-intentioned, reasonable people who want to help their neighbors and see to it that their association quietly performs the duties of mowing grass, doing repairs on common areas, maintaining a certain level of neatness, watching safety. They try to do their duty without interfering much in neighbors’ day-to-day lives.

And then there’s the other end of that spectrum, where perhaps one or two association leaders mistake their roles for those of drill sergeants or monarchs. It’s their way or the highway, and if they have a grudge against a neighbor who, say, once dared to complain, they don’t mind using the association to intimidate that person.

There’s a reason why a legislative committee has been hearing various accounts about HOAs with an eye toward further regulation, and it looks as though further regulation is needed. There were too many accounts recently at a committee meeting about associations that went after neighbors, including to the point of trying to foreclose.

The General Assembly can start right there. No homeowners association should have the power of foreclosure, end of story, period. Taking someone’s home because they’re late with dues? No. Some association leaders who appeared before lawmakers actually tried to defend that right. And, there should be a line of appeal for alleged excesses on the part of associations besides an expensive trip to court.

Some HOA leaders resist the idea that anyone needs to tell them how to operate or put limits on their powers. But they need instruction, and they need regulation. Strict regulation, with consequences for associations that don’t comply.

Written by:  A.A. Friedrich — Raleigh, NC, USA

http://www.newsobserver.com/2012/02/03/1826206/whoa-hoa.html#storylink=cpy

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

On the 7th Day, God Didn’t Actually Rest: He Sent Mankind an Honest Lawyer

This blog credits honesty. And in the HOA quagmire that is North Carolina, one lawyer has raised his head and taken an extreme moral, social and safety risk by speaking his heart.  He says he’s seen the HOA mess from both sides and has strong opinions about the need for reforms.

If you’re a Christian, you’d better drop to your knees and thank God for this Jewish lawyer.  He speaks the Truth, and is certain to be crucified for it.

I’ll link his editorial right here. And if you know this guy, tell him you appreciate his honesty.

http://www.newsobserver.com/2012/02/03/1826206/whoa-hoa.html#storylink=cpy

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