Tag Archives: Realtor

Free Speech Rights Upheld in NJ — Six Year Legal Battle‏

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guest blog by Deborah Goonan

Great news! The Supreme Court of NJ did right by the First Amendment, upholding free speech rights for residents of HOAs, Condos, and Co-ops in the state.

It took six long years, and the determination of resident of Mediterranean South, Robert Dublirer, a semi-retired, former criminal prosecutor from NY.
Dublirer was a critic of the former condo Board, and in 2008, contemplated running for a seat on the Board. However, the Board at the time prohibited him from placing campaign leaflets under the doors of residents, so Dublirer sued the Association for violating his rights to free political speech.

The Supreme Court’s finding sets the records straight: First Amendment free speech residents in HOA, Condo, or Co-op in NJ must be upheld, and cannot be unduly limited by the Board. Constitutional free speech protections trump CC&Rs and Rules barring solicitation of residents, when such speech goes to the heart of democratic process of engaging in political discourse.

Kudos to Frank Askin, Rutgers School of Law professor who filed an amicus brief on behalf of the American Civil Liberties Union of New Jersey.

Thanks to the NJ Supreme Court’s unanimous decision upholding the state’s Constitutional rights in Common Interest Communities, the tide of decades of injustice is finally turning.

(link to story on fighting over leafletting)

ULI Promotes Urbanization, While Developers Prefer Rental Properties To Condos

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guest blog by Deborah Goonan

Members of a recent Urban Land Institute (ULI) panel are reporting high demand for urban housing, both within existing city cores and in densely populated “instant cities” (HOAs), created by developers in suburban locations near mass transit.

The attached article highlights how the major players in American housing policy and the real estate industry are not all on the same page.

Housing policy makers still push home ownership as the endgame, while NAR and CAI lobby Congress to pass FHFA proposals to relax mortgage standards. Meanwhile, developers and investors are shying away from less profitable, more risky condominiums, and engaging in new construction and redevelopment for the rental market.

Housing is becoming less affordable, across the board, as cities become more and more gentrified. If left unchecked, the majority of Americans will left with few housing choices: rent for the long-term in an apartment community, or buy or rent a single family home in a private, corporate-governed HOA.

(link to Urban Land Magazine: Changing Face of Residential)

(link to Urban Land Institute – mission and priorities)

 

HOA Controversies Finally Getting Media Attention

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I cannot remember a time in my 40 years as a journalist when so many broadcast stations were discussing abuse of homeowners by their own Homeowners Associations. Denver, Las Vegas, Houston, San Antonio, Florida, Virginia, North and South Carolina. Talk show hosts are inviting homeowners’ rights advocates to join them on the air, newspaper columnists are finally standing up to the incredible falsehoods being spread by those who profit from managing HOAs or supplying lawyers to sue homeowners over incredibly minor infractions.

Another shift I’m seeing, unless I’m fooling myself, is a change in attitudes among the talk show hosts, themselves. In past years many of them have been big defenders of the HOA system. But in at least a half dozen cases I’ve seen prominent talk show hosts changing their opinions and deciding that the kind of ‘democracy’ practiced in many HOAs is getting pretty outrageous.

This week I was in getting some medical tests done and the medical tech told me about some things he had witnessed in his own HOA. He hadn’t been through anything more significant than the occasional nastygram. Those nastygrams! We all get them. But they really do change the character of a neighborhood, don’t they? What makes a homeowner want to attend the 4th of July or Labor Day picnics when he’s constantly eyeing the crowd for the Nastygram Lady or the board members who sling the lawsuits? I’ve lived in neighborhoods both inside and outside of HOAs. And the block party, in my experience, was always better attended in the more traditional neighborhoods.

Anyway, I really do feel there’s a national shift occurring, probably because more and more people are speaking out about the abuses they’ve witnessed or experienced in their own neighborhoods. More and more people are feeling the sting of falling or static property values in HOAs which they presumed would protect their investments. This website is growing…I’ll have more on that in a few days. But people are spreading the word about HOA outrages on this and other forums.

Off topic, but even more important, I wish you all a Happy Thanksgiving, hopefully with family…and with good neighbors.

“You Saved My Life!”

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guest blog by Nila Ridings

“Hey, Nila! How are you?” “Great, how are you?” “I’m great, too. I’m buying a condo!!!”

I’m not sure if my heart stopped or just skipped several beats. Janice said my face instantly drained of color and she thought I was going to faint. I remember feeling frozen in place and my mouth suddenly became as dry as a California river bed.

“Janice! You can’t do that!!!!!” I blurted out as she was bringing me a cup of water. Janice was planning to buy a condo because she didn’t want to mow grass or shovel snow any longer. I told her to hire that work out. And proceeded to educate her with my arsenal of information about HOA and condo living. She sent the Realtor a text message cancelling their Saturday morning appointment. The Realtor responded by questioning if there was a scheduling conflict. Janice wrote back, “No, I don’t want to buy anything with an HOA!”

Janice walked out from behind the cash register and gave me a big hug while telling me I had saved her life. I refused her offer to buy my groceries in exchange for “saving her life.” She literally was going to sign a contract for a condo in less than forty-eight hours.

Janice is the classic candidate for HOA abuse. She’s getting a divorce, over sixty, paying cash, and seeking maintenance-free living. Our loyal readers know just the thoughts of her buying that condo makes the board members salivate. Like lions on a fresh piece of raw meat they were hunkered down just waiting for her arrival.

Talk about timing! Today, I was in the right place at the right time. I’m so thankful another innocent person is not going to walk into the hell of HOA living. Education is a powerful thing!

Drone Pic of Naked Grandma Up On Billboard!

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Oh, my Lord! I knew it would happen, and more are coming.

An Australian grandma sunbathing topless in what she thought was her private backyard has ended up on a Real Estate billboard.

The Realty drone was snapping pictures of the house for sale next door. It published them on billboards without a second thought.

The thong-wearing granny is having lots of second thoughts as she realizes that her privacy is a thing of the past.

(peeping tom drone in Australia)