Category Archives: lawsuit

Mommy and Daddy Are Going To Jail!

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guest blog by Nila Ridings

Excuse my language, but WHAT THE HELL is going on at Raintree Lake in Lee’s Summit, Missouri?

This family project of building a playset is about to land the parents in JAIL. All because the stain they used on the wood is purple. And since when do HOAs have the legal right to put somebody in JAIL? Isn’t JAIL where criminals go? Tell me what is criminal about purple? Or a playset. Oh! That’s right we’re dealing with an HOA here. Now, this all makes sense.

I know people who live in this Raintree Lake HOA. I’m not sure how happy they will be to see their neighbors hauled off in handcuffs to JAIL over the color purple. And I know they will not be happy having their dues burned up in legal bills! I need to ask them if their HOA has built a jail for those who they think did not follow the CC&R’s? Perhaps this is the up and coming thing with HOAs? I’ve always felt like I was living in a JAIL since I moved into an HOA.

I can hear it now. “Hi Dad, it’s Marla. We’re in JAIL because we stained the girls’ playset purple! Can you come down with some bail money so we can get out of HOA JAIL?”

The internet discussions are about starting fundraiser websites to help this family fight to keep their playset. So sad. Good money being donated and spent to fill the pockets of HOA attorneys…again!

Folks, in the big picture of life would somebody please clue these Raintree Lake HOA board members in on how insanely ridiculous they are conducting themselves. When I think of the massive issues we are facing in America and worldwide, it really irks me that bullies on HOA boards are relishing the idea of destroying lives and bank accounts over nonsense. And purple paint is total nonsense!

When will the legislators wake up and see what damage is being done to homeowners by people with evil intentions?

Thanks to Scott McDonnell at KMBC for covering this story. I have tried for years to get this television station to help us educate homeowners about HOAs. Finally, I see progress is being made!

(link to KMBC story on the purpose swing set)

 

The Only Way To End The Lawlessness!

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Arizona’s George Staropoli is one of the stalwarts in fighting the national HOA scam. He has some proposed legislation that should be enacted by every state legislature. It’s simple. It’s the exact wording of a law that would require all HOAs to give back to homeowners their rights to the 14th Amendment to the U.S. Constitution.

Tell anyone and everyone running for public office that they won’t get your vote unless they read this, propose it, and enact it.

http://pvtgov.org/pvtgov/declaration-citizenship.pdf

 

Now, For Your Involvement!

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guest blog by Deborah Goonan

Are you interested in improving living conditions in homeowners associations (HOAs), condo associations, and cooperatives in the US? Or would you like to see a broader array of housing choices in this country?

A group of housing advocates is interested in organizing to promote consumer-friendly policies and standards for local governance and management of our communities, particularly those that are private, Association-Governed Residential Communities (more commonly known as HOAs). We are conducting a CONSUMER–FOCUSED survey of interested residents and former residents of HOAs in the US.

We want to hear from you.

What are the issues that are most important to you?

What has been your personal experience living in HOAs, Condo Associations, or Cooperative?

Why are you interested in change, and have you been involved in trying to make that happen?

The survey is sponsored by Sara Benson, proprietor of Association Evaluation LLC, an innovative, comprehensive community association rating service, the first of its kind in the US. Benson and Don DeBat, both of Chicago, are co-authors of Escaping Condo Jail, a book that exposes the truth and debunks the myths surrounding the condo lifestyle. Both authors are committed consumer advocates with a lifetime of experience in the Real Estate industry. Benson is a veteran Real Estate Broker and former HUD consultant, DeBat is a Journalist and Editor of Real Estate columns in two Chicago newspapers. You can read book reviews and learn more about the co-authors on Amazon.com.

Please note that this survey is consumer-focused, and is NOT sponsored by Community Associations Institute (CAI), National Association of Home Builders (NAHB) or any other industry or trade group. Our goal is to give housing consumers a voice in US housing policy-making, and that begins with listening to your concerns.

Please take a few minutes to respond to our brief survey by August 1st. We value your input and your privacy. Your responses will remain confidential, and will not be shared with salespeople, vendors, or anyone in your HOA.

Here is the link to the survey:

http://bit.ly/1K11ovs

http://independentamericancommunities.com/2015/07/26/do-you-want-to-organize-improve-our-communities-and-preserve-the-american-dream/

 

HOA Burglars!

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I guess we learn things all the time and this one is interesting. It’s a paper published in the University of Cincinnati Law Review about the 2008-2009 mortgage meltdown. Lending institutions are way behind on dealing with all the foreclosed properties. They’ve hired property management companies to help deal with the overload.

Now there’s been a rash of lawsuits by homeowners late on their payments who’ve come back to find that their homes have been trashed and their personal property stolen. Seems it’s being done by these third-party contractors hired by the mortgage companies.

I wonder if there’s any spillover by management companies that foreclose on liens on people in Homeowners Associations?

(link to paper on mortgage burglaries)

 

Florida HOA Update: Mostly Bad News

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guest blog by Deborah Goonan

Spencer’s Plantation homeowners association is in the midst of conflict, according to a report from First Coast News, Jacksonville.

Defunct developer, Mercedes Homes, ended business operations in 2012. Since that time, SPHOA’s Board leadership has changed several times, dwindling from 5 members a few years ago to only 2 members as of June 2015. The management company has been changed twice, most recently a few weeks ago, according to public records.

According to the report, the new Board has been aggressively pursuing homeowners for various minor covenant violations, issuing hefty fines. A search of the Clay County Clerk’s database confirms that the past 2-3 years have seen a fair amount of activity, with the HOA filing liens upon properties that were later paid and satisfied by those owners.

Recall attempts by homeowners have failed to remove the Board President and Treasurer, and it looks like the matter will now have to go to arbitration with Florida’s Division of Business and Professional regulation (DBPR).

Do low annual assessments = fewer HOA conflicts?

One fact that caught my eye in the news report: Spencer’s Plantation includes 222 homes, with annual assements of only $250. Reading the Declarations online, this HOA’s common areas consist of a few storm water “lakes” and a small green space. This is a relatively small, no-frills HOA, especially for Florida.

There is sometimes a misconception that HOAs with minimal common area maintenance and low annual fees are somehow less of a hassle than elaborate gated communities with golf courses, club houses, pools, and the like.

But when I read through the Covenants, Conditions, & Restrictions (CC&Rs) for Spencer’s Plantation, I noticed that the Use Restrictions and aesthetics standards — what I like to call “Keeping Up Appearances” — or KUA Rules, are every bit as elaborate as those fancy master planned communities such as Celebration or The Villages.

So that means that the HOA Board can, and often does, end up with a few members who are gung-ho on enforcing those elaborate rules to the letter. And often, there is a property management company and an HOA attorney aiding and abetting those efforts. After all, these “service” providers make a living as HOA Enforcers.

Apparently, that’s what’s going on at Spencer’s Plantation, according to the homeowners that contacted First Coast New. It’s a familiar story that we hear about over and over again.

Don’t be fooled by the size or simplicity of the community. Be sure to read all of the CC&Rs, plus any related Rules and Regulations, very carefully. Better yet, hire a qualified real estate attorney to represent your interests from the time you execute a sale contract through closing. If reading and understanding the fine print and details raises red flags, better to walk away before the deal is done!

Read the story on First Coast News here: