Tag Archives: Russell

Why Do HOAs Hate Renters?

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guest blog by Dave Russell
Most HOAs have long shunned those who rent properties within Homeowners Associations. I’ve heard every disparaging comment ever made, “renters are trashy, uncaring, and simply make for bad neighbors.”  Well I’m here to dispel those myths and misconceptions about renters.
 
Most renters are actually decent, hard working folks, who pay their bills, and follow the HOA rules more often than homeowners do. Let’s take a look at one of the renters in my own homeowners association. Stacey Barker, single mother of three, saw a Facebook post from co-worker, Romona, who she didn’t really know all that well.  Ramona posted a plea on Facebook for prayers, or for someone who would be willing to donate a kidney to save her dying husbands life.
 
Less than ten minutes after Ramona’s desperate Facebook post was published online, Stacey Barker – a woman Ramona hardly knew – replied. “I sent her two messages,” said Barker. “The first time I don’t think she took me seriously, and the second time I said, ‘No really, I will get tested and if I’m a match I will donate.” Stacy did get tested and was a perfect match! Such an uncaring renter, isn’t she?’
 
Stacy, the renter, took two months of unpaid leave from work and donated her kidney to a man she didn’t even really know. Aren’t these renters something else! Ramona’s husbands life was saved thanks to Stacy Barker. Pay close attention all of you HOA board members! Not every renter is a ‘bad neighbor.’

 

The Ghosts of Christmas Past- Update

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guest blog by David Russell
On December 3, 2014 I wrote a guest blog about 3-year-old Cooper Veloudis who has cerebral palsy. Cooper’s therapist suggested that a playhouse be built in the backyard of the family’s home. The playhouse cost about $5,000 and was set up to help little Cooper with his disability.However, the Andover Forest Homeowners Association, in Lexington, Kentucky, said little Cooper’s house had to go because the HOA had determined it’s a structure and is prohibited. Cooper’s parents were fined $50 a day until they complied. What the HOA didn’t say is that there are other such structures in the same development. But nobody seemed to really care about those.

I hoped In time, just like in the Christmas Carol, written by Charles Dickens, each board member and the pond-scum attorneys who represented Andover Forest Homeowners Association would receive a visit from one of Dickens’ghosts.

Well whoever said that dreams don’t come true, and that Santa isn’t real, must have not seen the new lawsuit just filed by the United States of America vs. Andover Forest Homeowners Association, and their management company EMG Management Services, LLC. Seems like the ‘Ghost of Christmas Past’ is paying some folks a visit down in Lexington.

Yes, Cooper, there is a Santa Claus, and he’s fixin’ to put some reindeer hoof prints on those board members’ foreheads who took away your little therapy house.

(Here’s a link to the lawsuit filed against the management company and Andover Forest Homeowners Association, by the United States of America)

Rancorous Racism, HOA Style

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guest blog by Dave Russell
I have lived in HOAs for nearly two decades. I have also managed one for five years. Trust me when I tell you, I’ve heard and seen it all. I have also postulated a number of theories as to why HOAs seem to attract some of the craziest folks I have ever met.

I’ve seen seemingly normal neighbors turn into backstabbers, liars and some of the most unreasonable people you’ve ever met. I have seen neighbors hook up, break up, and then turn into complete psychopaths.

I have also seen neighbors join the board and steal their neighbors trust and money. But the one thing that just makes my skin crawl, is when one homeowner, goes after another homeowner, simply because of their race. It happens more often than you could ever imagine, especially in homeowners associations.

Sure, I’ve come across my fair share of racist homeowners. I’ve also seen my fair share of racist board and committee member. But I have never seen anything like the racial shenanigans going on in the Courtyards HOA in San Diego, California.

Seems like a homeowner has made some pretty damning accusations against his neighbors. A resident of the Courtyards HOA is in shock after she said a letter accuses her family of making meth, selling children and huffing paint was sent to 200 people in her condominium complex. Accusations that the targeted resident and her family adamantly denies.

Now the president of the HOA is calling an ’emergency meeting’ to discuss the matter with his fellow board members. It appears that the president of the association doesn’t believe any of the accusations contained in the hate letter.

I’m a little more than suspicious as to why the HOA President called an ’emergency meeting.’ Usually HOAs don’t get involved in neighbor vs. neighbor, unless perhaps, the perpetrator of the poison pen letter is an HOA committee or board member. I guess we will soon find out who he is, hopefully upon his arrest. Something about HOAs just seems to put the ‘S’ back in stupid.

The Ghost of Christmas Past

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guest blog by Dave Russell

In 2011 a friend of mine sent me a news report about 3-year-old Cooper Veloudis who has cerebral palsy. Cooper’s therapist suggested that a playhouse be built in the backyard of the family’s home. The playhouse cost about $5000.

However, the Andover Forest Homeowners Association in Lexington, Kentucky, said little Cooper’s house had to go because the HOA says it’s a structure and is prohibited. Cooper’s parents were fined $50 a day until they complied. What the HOA didn’t say is that there are other such structures in the same development. But nobody seemed to really care about those.

This story literally kept me up at night thinking that little Cooper was basically being foreclosed upon by the HOA. Where were the folks down at Fair Housing or the Americans with Disabilities Act people? Couldn’t anyone have stepped up to the plate and defended this little tykes therapy house?

As usual, the Homeowners Association won, and little Cooper’s playhouse was ‘foreclosed’ upon by the big, bad and powerful HOA. Somehow, this story still haunts me like the Ghost of Christmas Past, but also reminds me to be a little more understanding with the children in my own HOA community.

I sure hope I’m not the only one who’s haunted by the Ghost of Christmas Past. In time, just like in the Christmas Carol, written by Charles Dickens, each board member and the pond-scum attorneys who represented Andover Forest Homeowners Association deserves a visit from one of Dicken’s ghosts.

If you are going to watch the news report linked below, you might want to have a Kleenex handy. I sure needed one.

(link to disabled boy’s therapy home on KTSM-TV)

 

Lies, Loans and Liabilities

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guest blog by Dave Russell

Lies, Loans and Liabilities

So, your HOA has overspent, misappropriated funds or has simply “run out of money.” Now what? Well the answer here is simple, “let’s take out a loan!” That’s right, if your overinflated mandatory dues weren’t enough, your HOA is going to put you, the homeowner, on the hook for tens of thousands, if not millions of dollars for a loan.

Hypothetically, let’s say your HOA borrows a million bucks, you know, to “pay the bills.” What the homeowner may not realize is that the HOA Manager and/or the Management Company may possibly be receiving a minimum 10% “finder’s fee” for assisting the HOA in acquiring the loan. That’s right, a legalized kickback of over 100K for simply doing, well, nothing.

Call it what you want, a line of credit, or an extended line of credit, but it is still considered a LOAN. Is this really legal? Can your HOA board just simply borrow this money on behalf of its membership? The answer here is Yes and No. Yes, if your association doesn’t have any restrictions about “Loans” in their governing documents. No if there are restrictions regarding “Loans” in the governing documents.

Many associations do have provisions regarding loans however, those provisions are usually buried in a lengthy set of governing documents, that homeowners don’t read, or no longer have in their possession. In some cases, the governing documents require 2/3 of their membership approval before the HOA acquires a loan on their behalf. In some cases, your association may require the signatures of 2/3 of its membership before they sign those loan papers.

It happens often, loans being taken out without the required approval or signatures of the HOA membership. Maybe, I should have billed this story as, Fraud and Finders Fees vs. Lies, Loans and Liabilities.

I’ve seen this little scenario play out time and time again, and it’s wrong, simply wrong I tell you!

If your association is thinking about, or has acquired a loan, make sure it was, or is, being done legally. As the homeowner, you need to read through every governing document including, the CC&R’s, Bylaws, Rules and Regulations, and most importantly, the Articles of Incorporation, which are rarely ever read. Before your HOA makes you, the homeowner, liable for that loan, make sure they have done it legally and legitimately.