Category Archives: lawsuit

Blow N’ Go High On The Roof, Part II

guest blog by Nila Ridings

On June 7th, I shared my gutter cleaning, police truck, firefighters and frustrating day with you now known as “Part I.”

Do you recall me saying my attorney told me to never let anyone on my roof or do work on my house or the attached neighbor’s house without showing me their Certificate of Insurance?

Once I had the name of the company with employees on my roof, I requested to see that certificate on their Facebook page. No response. I called the office of the commissioner of insurance. No records for the company. I called the county contractor’s licensing office. No records. I called the city building safety and permits office. They don’t require someone working up on the roof, other than roofing contractors to have a permit, license, and proof of insurance.

Which all boils down to this: If the guys blowing out gutters on the roof fall off, I’m liable. If they get hurt, I’m liable. If they die, I’m liable. And guess what? Every one of my neighbors is liable, too. And I doubt they even have a clue.

This is exactly why my attorney told me to always get a copy of the Certificate of Insurance. And now I’m suggesting you do it, too.

In talking to a non-CAI property manager, I learned that he never allows anyone to work on the property without seeing their Certificate of Insurance. If they are sweeping the parking lot he makes sure they have it in case they hit a car, run over a child, or knock down a light pole. If they change a drain in a pool he makes sure they have insurance. Absolutely nobody works on that property without insurance.

When and where do the risks end while living in an HOA?  It seems they never do. All the risks and expense are going to fall on me and you!

 

 

More Collapse Gar-bage’

In keeping with our theme of the past few nights (the predicted financial collapse of the HOA neighborhood as we know it) here’s another fascinating perspective. This one comes from the gurus at the IMF, that bastion of financial ethics that seems to rule the world and tell us when and where and by how much our currencies will collapse.

Please keep in mind I’m not an economist. My degree was in Political Science, which is kind of a safe haven major when you’re flunking college economics. But I still find the IMF predictions as reported in the Financial Times fascinating.

(Yah, yah, yah, I’ll quit taking yours if you quit taking mine. But here’s the obligatory Financial Times disclaimer:) 

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IMF sounds global housing alarm

The world must act to contain the risk of another devastating housing crash, the International Monetary Fund warned on Wednesday, as it published new data showing house prices are well above their historical average in many countries.

The warning from the IMF shows how an acceleration in global house prices from already high levels has emerged as one of the major threats to economic stability, with countries making limited progress in keeping them under control.

Min Zhu, the IMF’s deputy managing director, said the tools for containing housing booms were “still being developed” but that “this should not be an excuse for inaction”.

House prices “remain well above the historical averages for a majority of countries” in relation to incomes and rents, Mr Zhu said in a speech to the Bundesbank last week, which was only released on Wednesday because it clashed with a European Central Bank announcement.

In the wake of the global recession central bankers have cut interest rates to record lows, pushing house prices to a level that the IMF regards as a significant risk to economies as diverse as Hong Kong and Israel.

In Canada, for example, house prices are 33 per cent above their long-run average in relation to incomes and 87 per cent above their long-run average compared with rents. The figures for the UK are 27 per cent relative to incomes and 38 per cent relative to rents.

The IMF’s new global house price index shows a fresh acceleration, with prices up by 3.1 per cent on a year ago. House prices are rising fastest in emerging markets, with prices up more than 10 per cent on a year ago in the Philippines, 9 per cent in China and 7 per cent in Brazil.

“In some cases house prices are recovering from a sharp correction during the Great Recession,” Mr Zhu said. “In other cases, house prices have continued an upward march with only a bit of moderation during the Great Recession.”

Mr Zhu said that even though the tools for controlling house prices were new, countries must start using them immediately. He pointed to options including limits on mortgage lending relative to house values and incomes; higher capital requirements for banks making risky loans; and stamp duties to damp foreign demand for investment properties. (exactly what Neighbors At War has been predicting!)

“We need to move from ‘benign neglect’ to an ‘all of the above’ approach when it comes to policy choices,” said Mr Zhu, adding that policy makers could combat the shortcomings of different approaches with “the interlocking use of multiple tools”.

In the US, house prices are rising fast but not overvalued, coming in at 13.4 per cent below their long-run average relative to incomes, and 2.6 per cent above their long-run average relative to rents, according to the IMF’s numbers.

The world’s cheapest housing market is Japan, where housing is 41 per cent below its long-run average relative to incomes and 38 per cent relative to rents. Germany and Estonia also appear cheap, with prices in both more than 10 per cent below their long-run average compared with incomes and rents.

(NAW editor’s note: Robin Harding’s story is a good one and has fascinating charts and further implications which the IMF says prove the worldwide housing collapse is coming. It certainly is worth subscribing to.)

 

 

This Collapse Ain’t So Funny

Last night’s blog referred you to a comedic look at those predicting a financial and housing tsunami, but this link isn’t comedic and it isn’t satirical. I suppose I don’t mind spreading the word about interesting and pertinent books, since many of my blog readers have supported my own HOA book. But this guy should really be taken seriously.

James Rickards’ new book looks at the approaching financial calamity and explains that there’s really no safe harbor for any of us. An avalanche is triggered by a single snowflake. A world financial collapse is triggered by some no-name company that goes broke at precisely the wrong time.

As an extreme HOA pessimist and critic I would never urge people to dump their HOA homes. But if I honestly believed that the pending financial collapse will claim HOA residents among its first victims, I would be remiss in not alerting you to look for safe harbor.

(link to financial collapse)

http://etfdailynews.com/2014/05/27/james-rickards-financial-collapse-and-massive-shortages-in-gold-coming/

Management Company Fiasco

Many HOA board members who are tired of fulfilling their duties try to hire professional management companies to do the heavy lifting. But an HOA in Houston has learned a sad lesson about how some idiot HOA managers can get them into massive trouble.

Jacqueline Greene, a single mom with three kids, got behind in her rent at the Villa de Cancun complex owned by Woodfair Properties. Woodfair has a nifty way of forcing late-payers into forking over the money. They just screw the front door to the doorframe. Jacqueline removed the screws. The HOA management company did it again, once again forcing her to remove the screws so she access her apartment.

This time, Woodfair properties simply removed the front door altogether. Neat trick to pull on renters, right?

Well, not exactly. After Jaqueline and her kids spent several nights in the cold she contacted a lawyer. They filed suit based on the fact that this oh-so-professional management company had blatantly broken the law. There are legal ways to evict a tenant. Woodfair chose the illegal way. And guess who won? Jaqueline, the tenant.

If you’re a homeowner whose board just decided to hire a management company, remember you may be more vulnerable than ever. And if you have deep pockets just remember the phrase, “joint and several liability.” It means that even if you had no idea your management company was being so stupid, a lawyer can start digging through your pockets to force you to pay the entire judgment.

Welcome to HOA Amerika.

(link to Houston Chronicle story)

 

 

Oops! My Bad!

I’ve been accused by one of our forum members of doing a ‘bait and switch’ in my recent offer to discount book sales during the month of June. My original intent was to discount bulk purchases of my book Neighbors At War. But my wording was poorly thought out and it led to some bruised feelings among some.  The misunderstanding was my fault and I apologize to anyone who felt deceived.

While Amazon frowns on authors who discount books below their online price, I still need to correct my error. So If anyone wants to purchase a single copy (or more) for $5 per book I will respect and fulfill your order while my stock holds out. If my supply of books gets low I will instruct my fulfillment house in New Hampshire to honor the same arrangement. I am out of town until later this month, but when I return I will gladly fulfill any requests.

Again, my mailing address is:

Hogback Publishing

151 Summer St. #463

Morrison, Colorado 80465