Category Archives: Animals

Civil Forfeiture

I’m quite sure HOA warriors like George Staropoli and Evan McKenzie have written about this subject. But it’s really kind of spooky to chart the parallels between Civil Forfeiture laws and seizure of private property by Homeowners Associations.

Civil forfeiture laws are a horrendous holdover from the American Civil War and prohibition. They allow police the power to seize vehicles or property of people suspected of carrying on some kind of illegal activity. in the 70s and 80s police began seizing private homes that were suspected of being crack houses. At no time were the police required to prove guilt. Many times a homeowner who unknowingly leased his house to bad people ended up with no rights, no house, and no way to get it back.

In the 1980s Congress allowed police agencies all over the country to keep what they seized, even if there was absolutely no proof that a crime had been committed. Try to board a plane with too much cash in your wallet or purse the money? It can be legally seized. When do you get it back? In most cases, never. All the cops have to do is claim they suspected the money was involved in some kind of crime. No proof of guilt was needed. What rights do you have? You have the right to hire a lawyer and file a lawsuit to get it back. Anything else? No. No due process, no way to prove your innocence. The money simply disappears into what’s little more than a police slush fund.

It’s stunningly evil. In a country where the Constitution created rights to protect citizens against the government, justice has been turned on its ear.

Across the country, tens of thousands, hundreds of thousands, even millions of homeowners have been victimized in much the same way. Wrong kind of window shades or a kid’s toy left out overnight? A big fine, then a lien, then forfeiture of your house. Your rights? You get to hire a lawyer and sue to try your stuff back. The boards of Homeowners Associations have absolutely the same power of civil forfeiture as the cops. And the money they seize also goes into HOA slush funds, or into the pockets of embezzlers.

What have we done to ourselves, folks?

(link to booklet on civil forfeiture)

http://thf_media.s3.amazonaws.com/2015/pdf/Forfieture-Booklet-FINAL-Full.pdf

Ultimate Bad Neighbors

Zillionare FaceBook founder Mark Zuckerberg is trying to start his own HOA in Palo Alto, California. He just doesn’t want anyone else to live there except him.

Understandably, when Zuckerberg built his own mansion he wanted some privacy and bought up all the homes around him. He can afford to toss around 38 million bucks. But he’s being sued by a couple who claim they were conned into selling their property at too low a price to a ‘mystery’ corporation that turned out to be Zuckerberg.

I sympathize with this billionaire wanting some privacy and security. He’s probably got more stalkers and paparazzi than George Clooney. But with his wealth why would you subject yourself to the incredible invasion of privacy that happens during depositions and court testimony? To Zuckerberg, 1.7 million dollars is pocket change. Pay these reptilians off and get on with life!

(link to Bloomberg article on Zuckerberg neighbor fight)

 

Funny, But Only Mildly HOA-Related

This one has been circulating recently. It involves a tiger, a police stop, and a Washington State kid who’s already wise to the ways of his Homeowners Association.

(link to real smart kid)

 

 

Money and Power: A How-to Guide for Real Estate Developers

guest blog by Deborah Goonan

1)  Promise local planning and development commissioners that your Utopian projects – including planned communities (HOAs) and condominiums – will increase tax revenues beyond their wildest dreams, without any fiscal impact to local government.

2)  Dangle the carrots: wealthy domestic and foreign investors willing to provide capital financing to get the project going.

3)  Promise to provide “affordable housing,” but make it clear that, in order to do so, you may have to cut corners and build crap. And, after you turn over the community to all of those homeowners, you don’t want them to come crying to you, when their homes and the whole darn place starts falling apart! Therefore, insist upon laws, policies, and procedures that will shield you from liability for construction defects. Otherwise, you won’t be able to deliver on your promises.

4)  Hire cheap labor, even if they lack skills or pride in their workmanship. Build as fast as possible! Get the state to allow you to hire your own private inspectors to verify that all construction meets code requirements. That takes city and county inspectors off the hook, right?

5)  Require that all construction defect claims and disputes must be settled in secret before an Arbitrator (preferably one that you choose). Write this into the deed restrictions, and don’t allow homeowners to amend this requirement without your consent. You don’t want future buyers to be afraid to buy your crap.

6)  Lobby state legislature for provisions that will reduce the statute of limitations for making defect claims, or reduce the scope of warranty coverage. Put the homeowners on the hook for the cost of repairs.

7)  Fund campaigns for political allies with direct or indirect ties to real estate development. Offer lucrative employment or investment opportunities after their term in office expires.

8)  Build your Real Estate Empire through vertical integration. Acquire construction and building material companies, as well as maintenance companies. Be sure to partner with at least one well-entrenched management company. When common area repairs are inevitably needed, tap into all of those affiliations for perpetual revenue streams.

Think I’m making up these “strategies” or exaggerating? Here are two links that will make your blood boil!

(First Coast News construction defect investigation, Anne Schindler, FL)

(precedent-setting interpretation of crafty Colorado construction defect law)

 

HOA Drone Inspections On The Way!

Those who follow this website know that I’ve been predicting this for years: Drones flying over your property taking video of your covenant violations. Now a mainstream HOA promoter is actually whispering about the possibility.

The link below is disguised as a ‘warning’ for HOAs to be cautious as they approach the subject of drone inspections of private property. But the real message is “Our time has come! Get your drones ready.”

If you think your personal privacy is already violated by abusive HOAs, then all I can say is, “You ain’t seen nothin’ yet.” Despite what this mainstream HOA booster says in the link below, you gave up your privacy when you bought into your HOA. I first discovered this when I bought a couple of condos in Vail in the late 1980s. When I changed the locks on the doors the HOA board just had the locks drilled and sent me the bill.

In California some HOAs are doing so-called ‘hoarding inspections.’ These are unannounced inspections of the interiors of private homes! One of the items in their list of things you’re not supposed to hoard are books. Shades of Fahrenheit 451?

But my three-year-old predictions about drones being used by HOAs is actually coming true. Video of you and your lover in the backyard hot tub is NOT a violation of privacy. Not in an HOA.

(link to industry newsletter hinting about coming drone inspections)