Category Archives: lawsuit

Jerry Brown! Jerry Brown!

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Governor Jerry Brown! In what orifice is your head hopelessly lodged?

California is in the middle of a horrible drought, even the drought of a lifetime. Farmers who generate most of the nation’s food are going broke. Governor Jerry has asked homeowners to quit using so much water on their lawns. In fact, he’s even declared a drought emergency.

A Republican State Senator has even proposed a law to force HOAs to quit fining residents over their brown lawns.

How impotent! And ignorant

Homeowners Associations are merrily fining, suing and foreclosing on homeowners who’ve followed the governor’s water rationing requests and have allowed their lawns to turn brown.

You see, Homeowner Associations are private non-profit corporations which are beyond the control of state and federal laws. After all, Americans have a Constitutional right to make contracts, even if those contracts are counter to decency and common sense.

Despite the efforts of the governor and other California legislators, Kentucky Bluegrass will continue to decorate the grounds of Homeowners Associations.

http://blog.sfgate.com/stew/2014/01/24/drought-or-not-brown-lawns-bring-hoa-fines/

(link to Democratic Underground story)

(link to CVT HOA story on drought emergency)

(link to KTVU-TV news story)

 

Organized Theft IS Organized Crime

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The Colorado Legislature is embroiled in a controversy over ‘transfer fees’, a mysterious item that appears on closing papers when a homeowner is trying to sell his property.

What’s a transfer fee? It’s a mandatory fee the seller has to pay. It’s not related to any specific kind of work. It was recently outlawed on all real estate sales EXCEPT those in Homeowners associations. It can range from the hundreds…even into the thousands of dollars, and there are no state controls. A transfer fee doesn’t benefit the HOA, it just drops into the pockets of HOA management companies. Pure profit.

When CAI lawyers were asked, “Why do you charge these fees? The answer was stunning, “Because we can!” That kind of unmitigated arrogance is beyond appalling. Why do you steal cars? Because we can. Why do you steal little old ladies’ retirement money? Because we can. And legislators turn their heads the other way! Unbelievable.
 
With that in mind, here’s a recent blog from ColoradoHOAForum.com
 
First let’s thank Leslie Stevens, the victim of a transfer fee of over $1,000, for contributing to the news story and Channel 4 News (KCNC, Denver).
 
Transfer fees when real estate documents were exchanged are ILLEGAL in Colorado EXCEPT when a Homeowners Association is involved. If they’re so illegal for all other homes, what’s the difference with HOA homes? In a word, NOTHING!
 
 
 
 
Note, once again the CAI never attempts to explain what these costly, laborious, and time consuming tasks are that require hundreds to over one thousand dollars in transfer fees only “that is the way it is” (because of them).  They got away with this by slipping an exception into SB 11-234 and now again in 2014 with HB 14-1254 by actually crafting this Bill to ensure, if passed, nothing will change in picking the pockets of home sellers. 
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Because this is a breaking story in Colorado, there’s more to come on the subject tonight. We’ll post on NeighborsAtWar.com
 
 

Funniest HOA Video Yet!

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Homeowners Associations can, indeed, wreck your life. So there isn’t much humor in the anti-HOA movement. Still, it’s great to see a homeowners rights advocate in Texas making such a good video and sharing it with the rest of the world.

Turn up the volume, click on the video, sit back and enjoy!

http://www.classclownpictures.com/

http://www.classclownpictures.com/

Another Train Wreck! Headed Straight For You!

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I take no personal joy in bringing you these HOA horror stories. But I have no problem being the Paul Revere of the Gated Community industry. Read the story linked below. And trust it. It’s real.
 
Is Your Homeowners Association Underfunded?

Is Your Homeowners Association Underfunded?

by the Real Estate Bloggers

It is one of those horrible scenarios, but you may be on the hook for a potentially large assessment from your homeowners association, and not even know it. In fact, your homeowners association may be close to being broke…

When you buy a home that is governed by a homeowners association you sign a long document that gives the association certain powers over your property. Typically you get the bylaws right around closing time as you have 100 plates spinning in the air, and you give it a quick glance at the homeowner bylaws and then sign that you agree to be bound by them.

This could be costly. These agreements govern how the homeowners association can collect their dues, including potentially foreclosing on your house to do so, how you must maintain your home, and assess special fees if the association needs to make upgrades or create new amenities.

So you may wake up one day to hear about a $10,000 assessment because the association feels the need to fix a problem or add an amenity and it will be coming out of your bank account.

Now here is the scariest part, a majority of the homeowners associations in the United States are underfunded. The housing crisis has put incredible pressure on the associations as people just can not pay their dues, or the homes in their neighborhoods are in foreclosure.

Foreclosures on delinquent properties by homeowners associations were almost unheard of before the financial crisis of 2008. Now lawyers and real estate researchers say they are becoming more common as association funding bases shrink because of previously foreclosed homes’ standing empty. About 70 percent of association-governed communities are underfunded, up 12.5 percent from 10 years ago, according to Association Reserves. The average association has financial reserve accounts — the amount required to maintain infrastructure and common areas — that are only funded at 52 percent, down from 60 percent a decade ago, its research shows. via AOL Real Estate

This is not to scare you from buying a home with a homeowners association, but do read the documents when looking at the neighborhoods and ask about potential assessments in the future, or common maintenance issues that you see. It may save you from an expensive mistake.

(link to The Real Estate Bloggers)

http://www.therealestatebloggers.com/is-your-homeowners-association-underfunded/

Container Home VS HOA Living

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guest blog by Nila Ridings

 
Oh, to be HOA free!  People are finding all sorts of creative ways to put a roof over their heads.  Sometimes that means a sacrifice of space for the savings of money.  Which means less need for high-stress and high-income employment.  Or it’s an opportunity to pay off school loan debt. Or spend less of your retirement savings on empty space that eats utilities, creates taxes, insurance, maintenance and needs constant cleaning.  And yet for others it’s a way to stay out of an HOA or condo association.
 
It’s a housing movement that is catching on and growing by leaps and bounds.  Could it be because we are learning that life is about living not about servicing debt and empty spaces? Or it might just be the brutal experience of living in a nightmare condo association or HOA that has shocked us into seeking a place that can be moved if our surroundings start to feel like we are trapped.
 
Whatever the reason the creativity seems endless in our quest for uncontrolled shelter.  This one even offers a roof top deck!
 
 
http://www.tinyhouseliving.com/casa-cubica-a-tiny-container-home-2/