Category Archives: Animals

11 Year Old’s Halloween House vs. the HOA

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Money Magazine once named Naperville, Illinois the second-best place to live in the United States. All that stands in the way of that reputation now is a militant HOA that wants to shut down one family’s Halloween decorations.

Each year the family puts up an amazing display of ghosts and goblins and a synchronized light show. Each Halloween an estimated 8000 drive by the famous house.

The HOA has enacted new regulations that would effectively stop this family from showing their creative side. An 11 year old girl from outside the Association who loves the Halloween display had a creative way to try to persuade the HOA to back down from its decision to close down the over-the-top decorations. She went to the Internet to solicit help. And the HOA, which normally doesn’t allow outsiders to attend its meetings, actually allowed this little girl to put on her presentation. There’s no way to know what this HOA will decide. But this youngster has a wonderful future ahead of her, now that she knows why HOA life should be avoided at all costs.

(link to Chicago Tribune story on Halloween fight in the suburbs)

 

 

Neighborhood Bird Brains

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The whole idea behind Homeowners Associations is to address neighborhood problems caused by bird-brained homeowners. As we all know, in actual practice many HOAs cause more problems than they actually solve. When one neighbor is pitted against another, pride gets in the way and stupid things start happening.

But stupid neighbor fights happen in non-HOA neighborhoods, too. An ongoing case in Seattle has now led to a $200,000 lawsuit.

Several years ago, a young girl began feeding the crows in her backyard. The crows began bringing trinkets to the youngster, and a YouTube video of the feeding ritual went viral.

Well, 51 of her neighbors signed a petition to encourage the family to end the bird feeding operation. They say it has become a major health problem because too many birds are gathering. One of those homeowners has filed a public nuisance lawsuit against the girl’s family to try to get the bird feeding stopped.

(link to story on bird lawsuit)

 

 

Service Dogs and some Nasty Lawsuits

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guest blog by Deborah Goonan

Not a week goes by that we don’t learn of yet another Fair Housing lawsuit, usually involving discrimination on the basis of disability. This time, the Condo Association will have to answer to two lawsuits, one filed by the owner of a condo unit, and the other by his former tenant.

The latest report comes from Aspen View Condominiums in Colorado. Natasha MacArthur leased one of the 18 units from condo owner Alvara Arnal, beginning in November 2013. MacArthur has a golden retriever, and claims her dog, Stevie Nicks, helps her cope with a seizure disorder.

The condo association forbids dogs, but MacArthur claims her pet is a service animal, and that the association is obligated under Fair Housing law to provide reasonable accommodation to allow Stevie Nicks to reside with her.

According to a report in the Aspen Times, MacArthur provided documentation of her disability from a physician, as well as documentation from the organization that trained the dog as a service animal. The former (now deceased) president of the association interviewed MacArthur in her home for 45 minutes. But the association was still not satisfied that the information provided was sufficient to allow the dog to remain.

Aspen View COA then began fining owner Arnal $50 per day in January 2014. MacArthur moved out of the unit in March 2014, prior to the end of her lease.

Arnal was hit with $1435 in fines, plus $4234 in attorney fees in June. A lien was placed on his unit in July 2014.

In addition to MacArthur’s Fair Housing complaint, Arnal has filed suit against the association and its management company, alleging discrimination, retaliation, and interference with a contract.

The remaining 17 owners of Aspen View better open up their wallets. These two lawsuits will probably cost them a great deal of money in legal expenses and the eventual settlements.

For readers interested in learning more about service animals for people with seizure disorders, I have provided some additional links.

(Aspen HOA denies wrongdoing in service-dog flap)

 

OK, I Admit It! HOAs Have A Purpose!

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Before you hire an assassin to take me out, please listen to my reasoning.

Next door ‘party houses’ are the bane of the existence of any homeowner. People buy the house, then start renting it out to party-throwing wild people who screw things up for the entire neighborhood. Certainly, Homeowner Associations can take these houses down. They assess fines, file liens and lawsuits and can shut these places down.

Still, if you have a strong zoning department they can shut these houses down much more quickly and without costing HOAs a ton of money in legal fees. And Zoning Departments have to follow Constitutional law. It doesn’t make them slower in enforcing reasonable standards, but it does make them more accountable.

As a property owner in an HOA, wouldn’t you rather deal with Zoning than with a bunch of slander-slinging neighbors? Wouldn’t you rather have your insurance and legal fees remain stable so you don’t get hit with special assessments to pay for legal fees? Wouldn’t you rather be in a position where the HOA insurance company doesn’t cancel the community policy because of an excess of Board lawsuits?

It’s all about peace and quiet enjoyment of property. Wouldn’t you rather have the county cracking the whip than your next-door neighbor, or your Nazi-minded board member?

It’s all about common sense, which apparently isn’t a factor in the national HOA scam.

(link to story on party houses)

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