Category Archives: lawsuit

Is This The Future Of Your HOA?!?!

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I keep warning about the impending crash of the American Homeowners Association as we know it. You bought into your HOA because you thought it would protect property values. A few HOAs actually did maintain their value for a while. But just give it time. Throw a few lawsuits around, fine a few dozen homeowners for petty violations that could easily have been handled in a more genteel way. But there’s a moment coming when homeowners will just lease out their homes to get away from screaming board members.

A funny thing happens when the number of rental homes reaches a certain percentage: Mortgage companies quit lending. Then more homes are converted to rentals. More nastiness from the board. At some point your $200,000 investment becomes worth about twenty or thirty thousand. Then you have a neighborhood like the one linked below. Imagine owning a home in TymberSkan on the Lake.

From Florida to Overland Park, Kansas to Nevada and Crooked California a growing number of once thriving Homeowners Associations desperately need to be bulldozed.

(link to Florida’s TymberSkan HOA nightmare)

 

Another Wonderful Discovery

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I’ve concentrated far too heavily on the term “Homeowners Association,” using it as a generic term for HOAs, Condo Associations, Property Owners Associations, co-ops and all other forms of private government housing. But that means I’ve neglected to pay special attention to co-ops, the kind of housing agreements that are more common in New York than German Cockroaches.

(Sometime, remind me to tell you the story of how I was almost arrested for sex assault on a Times Square elevator! Yes, it involved a woman and a German Cockroach. Some things aren’t funny until much, much later.)

In  any event, Habitat Magazine is designed for New Yorkers who live in the parasitic environs of the ‘co-op.’ And they suffer along with the rest of us.

It seems that a New York prosecutor has suddenly discovered that fraud and embezzlement occasionally happen in New York co-ops. (Editor’s comment: “Duh.”)

They haven’t named the suspected management company, yet. But New Yorkers might someday discover what those of us in ‘fly-over’ country have known for years. YOUR ASSOCIATION IS CORRUPT!

Sad to say, but if you confer on some uneducated board member shmuck the ability to drain the co-op account, what in tarnation does that mean? It means your HOA board member is an embezzling shmuck! It’s the most unreported felony in the FBI crime stats! But New Yorkers are really just as stupid as the rest of us. They talk faster than we do. But they’re still just as stupid.

(Habitat Magazine’s article on co-op embezzlement case)

 

Oh! My Goodness…Imagine THIS Happening In A Condo Association

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guest blog by Nila Ridings
 
My title might have been the reaction back in the 1960’s.  Since then HOAs and COAs have come a long way in the development of dishonest business practices, deception, and embezzlement.
 
$81K was all they could charge the COA treasurer, Kostantina Gardner with stealing.  But they are sure it’s more than that.  Folks, I promise you it’s more…probably a whole lot more!
 
If not for the water bills being $55K in arrears this might have gone on for another twenty years. Clifford Albertson has been the board president since dirt was invented and he trusted this well-liked treasurer.  
 
I have some questions for Clifford: 
 
1) How did she get an ATM card on the BonAire Condominium One Complex bank account?  
This should have been established long ago that no one could walk in and acquire an ATM card!
 
2) Why was the board not reviewing the water bills? 
 
(a) And the other utility bills? 
 
(b) And most of all the bank statements?!?!?
 
 
Folks, we must change the way we think!  
 
We lock the car door when we get out.  We bolt the house shut, turn on the alarm, and illuminate the exterior.  We take steps to avoid being caught up in identity theft.  We teach our children about “stranger danger.”  We place lanyards on the elderly for a medical alert. We dance in circles and jump up and down warning our daughters about “date rape” drugs.  We cross the street and walk faster with our pepper spray ready when we see a teenager in a “hoodie.”
 
Yes, we do it ALL to protect ourselves YET we totally trust the people we should be the most suspicious of….the HOA board and the property managers!  STOP IT!  Stop trusting these people. They know you trust them by not paying attention and never asking any questions.  Stop giving them the freedom to steal, deceive, lie, and destroy your bank account and property values!
 
Think about it…If just one member of this condo association had asked to see the water bill or the bank statement this thief could have been caught long ago!  
 
Remember: the word TRUST and HOAs or COAs or property managers should never be used in the same sentence! 
 

 

Another Kind of Guest Blog

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(note to readers: This lady’s email request was so poignant that, with her permission, I wrote it up as a ‘guest blog’. Let’s help her with some suggestions)  

 

guest blog by Pippi

Hello! As many homeowners have likely done, we bought a place with an HOA. It was in 2005, and it was our first home. I would need 2 hands to count all the mistakes we made, and have nobody to blame but ourselves.

Our real-estate agent was also an owner here, and on the board, and quite pushy. Fast-forward 9 years – our condo that we bought for 96,900 is now worth about 40k! We pay “interest-only” on the loan (almost no equity at this point). We pay 417/mo. for HOA and utilities (no washer or dryer, no air conditioner, no tv in living room, etc).

The whole property is a dump. They are trying to pass a special assessment. Our portion of it would be almost 7k. They are “offering” a payment plan of 2 years, so about $280/mo on top of the $417. If I had $700/month extra, I wouldn’t be living here. In return for this assesment, we get nothing (and in fact, it includes the demolition, but not rebuilding, of our carport for insurance reasons).

Part of the reason we bought this home was that the dues included an exercise room, hot tub and car port, and now all 3 of those amenities will be absent.

I’m looking for advice on how to get out of this mess. We can’t sell, as we’re upside down, and one would have to be crazy to enter into any agreement with this HOA. We can’t even short-sell, as an older management company put liens the on every unit for non-payment of emergent repairs. Ugh, help! Do we just quit paying and save the dough to rent? Pay the bank but not HOA? Pay both and hang in there as long as possible?

This is the tip of the iceberg as far as our HOA issues go. I could write a book, too, unfortunately.

 

Helping Candidates Helps to Educate

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guest blog by Nila Ridings

You may remember my blog on May 10, 2014 about helping political candidates with their campaigns.

The time of year for that massive undertaking has arrived. I was happy to offer my help when I saw one of our Kansas legislators walking door to door on the campaign trail.

This resulted in a very interested call from Astrid. To protect her I will not be using her real name. Astrid was asking for my help to call registered voters to get their agreement for the candidate to place the campaign signs on wire hangers in their yards. The big issue of course: HOAs! We discussed the laws in Kansas about the signs and I gave her the state statute numbers. And then I asked the BIG question!

Yes, Astrid lives in a HOA with her politician husband and she has another family member, an attorney, who also lives in an HOA. We spent about a half hour talking about HOAs, property managers, the CAI, Ward’s book, Evan McKenzie’s books, George Staropoli’s books, and Shu Bartholomew’s radio show. Astrid was shocked. She had no idea of the real truth about her HOA. But she did tell me they had recently gotten their board president booted. She had to rally the neighbors to get him voted out, but she got the job done! <applause>

I expressed to Astrid that I feel Realtors should be required to disclose information about the HOAs or condo associations BEFORE they even show the client the property. Using the example of when you go to the hospital to have surgery. The check-in representative asks if you know you are there to have your right kidney removed and you confirm. The prep nurse asks if you are there to have your right kidney removed, and the surgical nurse, and finally the doctor asks the same question. Before the mask is placed over your nose to send you into a deep sleep you are rest-assured that everybody knows you are not there for an appendectomy! Astrid said, “I know you are right because I did have my right kidney removed and they even marked my body with a pen!”

Okay, so you’ve got the idea that the medical field is making every effort to avoid a malpractice lawsuit. I think the home selling and buying, HOA, and Condo industry should follow the same policies! Astrid said, but nobody would buy then. EXACTLY, Astrid is 100% correct! If buyers knew the truth about HOAs and COAs they would not buy into these nightmares with massive risks for losing their life savings and homes.

If the American Medical Association is supporting these step by step confirmations before surgery, why isn’t the CAI and the Board of Realtors Association doing the same for the housing industry? Therein lies the 40 Billion dollar question for one and the “how would we make a living” for the latter.

We are now more than ever, demanding transparency, integrity, and hopefully the following of our US Constitution from our legislators. We’ve had enough and the polls are starting to show it. Shouldn’t we be demanding the same from those who are selling us the biggest investment of our lifetime?

If we’re able to say, no my appendix is fine, I’m here for my right kidney to be removed. Shouldn’t we also be able to say, NO to an HOA or condo association before we’re shown the property? Why do we have to be subjected to the sales pitch about the beauty of living in the HOA community if we are informed of the truth in advance that we are signing away our US Constitutional Rights, becoming business partners with all of our neighbors in a non-profit corporation, and the HOA has the legal right to assess us to the point our bank accounts could be drained down to pennies.

Don’t we have a RIGHT TO KNOW this before we’re sitting at the table signing our signature on legally binding documents? And the moving van is loaded with all of our possessions because we’ve sold our HOA-FREE property to somebody smarter than we are! I say, yes we do have that right and that needs to be the message we are sending to our legislators along with our fight to end the days of abusive HOAs.

Gotta go, time to hit the campaign trail!