Category Archives: Government

Are We Winning? Hunter’s Run Decision Says We Are!

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I never thought I’d see this day. But doesn’t it seem to you like more and more Homeowners Associations are losing big court cases involving fines, judgments and legal fees?

There’ve been several in a row where the feds came down hard on HOAs that overtly or passively discriminated against families with children or handicapped members.

The latest is an Indiana family that moved from their home and rented it out without asking HOA permission. The Indiana Court of Appeals ruled that the fines and the lien the Hunter’s Run HOA filed on the family were illegal. More than that, the lien was invalid and a slander against the homeowner’s property title making the home unsaleable. Now the Hunter’s Run HOA will have to pay thousands and thousands of dollars to this family to make them whole.

I would bet dollars to donuts that members of this HOA didn’t have a clue their bully board’s actions were going to lead to huge assessments against every homeowner.

See this as a victory, folks! Homes in Hunter’s Run have lost all their value. They can’t be sold. The equity is gone. What fool would buy a home in an HOA where the board was stupid enough to lose this kind of case?

The tide is turning, and you and I are finally having an impact!

(the losers in Hunter’s Run HOA)

 

 

Kicking Kids Around

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guest blog by Dave Russell

How to ‘legally’ discriminate against children in HOAs…… It’s pretty simple, and it only takes one word!

A Fair Housing case was just settled in Minnetonka, Minnesota. Six families in the Greenbrier Village Homeowners Association won a settlement agreement in a federal lawsuit. The feds say the HOA was violating the law when it banned children from playing in the grass.

The Greenbrier Village Homeowners’ Association and Gassen Company had to establish new nondiscrimination policies, pay a $10,000 fine to the federal government and $100,000 to six families for their illegal discrimination

How to legally discriminate? Just use one tricky word

Shortly after the Minnetonka settlement, HOA lawyers started sending notices to every HOA in the land warning about discriminatory rules and policies relating to children and families.

The legal advice was: “When drafting rules and policies, it is in the best interest of the community to use the word ‘All’ during the rule drafting process.” In other words, if you have a rule against ‘children’ riding bicycles in the common areas, you should replace the word ‘CHILDREN with the word(s) ‘ALL’ or ‘EVERYONE.’ Example: ALL residents are prohibited from riding bicycles in the common areas.”

The arrogance continues

Apparently, the Villas of Summerfield HOA, in Hilton Head Island South Carolina, took those HOA attorneys’ advice but added their own sneaky twist.

2Q==The sign says “No Rollerskating, No Skateboards, No Bicycle Riding, No Scooter Riding. Even though 99% of anyone doing those things are kids, the sign doesn’t specifically discriminate against children, at least according to the HOA lawyers. Still, is this keeping with the spirit of the Fair Housing Act?

This Hilton Head enclave may soon be another one that learns a very expensive lesson.

 

Interesting Sentence for ‘Depressed’ Embezzler

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Question: If you knew you could steal $40,000 and only get a 60 day jail sentence, would you do it? $20,000 tax free dollars a month is pretty tempting, isn’t it?

Well, that’s the sentence given a 72 year old Idaho woman when she embezzled that amount from her seniors-only community, the Florida Estates HOA. She said she stole the money because she was depressed.

The sentence gets even more interesting. After her two month jail sentence she’s required to make $40,000 restitution at the rate of $200 a month. I’m not very good at math but it looks like that’s about 17 years. And she’ll be 89 when she’s finished paying. I suspect most of the neighbors she ripped off will be dead or institutionalized by that time.

Crime really does pay.

And the crooks know it.

(link to Idaho Press story about woman sentenced for grand theft)

 

Memorial Day

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On this Memorial Day I was going to post a very personal video I did back in my TV news reporting days. However, this email came in from Col. Robert Frank of Nevada. I think it’s more powerful than anything I could have written.

Dear Nevada Legislative & Constitutional Officers:

Memorial Day 2015.  It is the time for all to honor the 2,893,818 American military members who were combat killed, wounded or still missing in action since this unique Republic and Battleborn State was formed.

Time to reflect on what we really mean when we tell living veterans “Thank you for your service”.  Time to think about what we living American citizens and citizens of the free nations of the world owe to those war veterans who wrote a blank check made payable to ‘The United States of America’ for an amount of up to and including their life.

Time to remember that we veterans and elected officials share the solemn burden of having signed the same oath of office to protect and defend the Constitution of the United States of America, “so help me God”.

In honor of all those war veterans who gave the ultimate sacrifices so we could be free, it would be most honorable if you would kindly take just a few minutes out of your very busy schedules to read and meditate upon the essence of an untold veteran story included with this email.

Even if you might have seen it or something like it before, I believe it will mean much more to you on this weekend, in this year, when so much of our freedoms and Constitutional Rights seem to be fading away.

Many thousands of citizens are praying daily for each of you to put aside your personal interests and receive God’s Grace and Wisdom as you complete your legislative session on behalf of Nevada citizens.  We are counting on you to support what is right for all citizens during the waning days of the 2015 session.

As you complete your work on so many vital policy matters, please remember to be faithful to the Judeo-Christian foundations of this Republic.  Never forget the almost 3 million who have selflessly died, were wounded, or went missing in action so that billions of unknown humans in the free world could have a chance to live as they choose.  And, please, always be mindful of the millions more who will inherit what survives from the fateful decisions made in this 2015 session.

May each you have a blessed and safe American Memorial Day, and be ever faithful to your public duty and the historic purposes of this solemn occasion!

Your friend,

    Robert Frank, Colonel, USAF (Ret.)


			

		
		
		
	


	

		
		

						

				Stupid, Stupid Aspen
			

						
			
            

				

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No, not everyone in Aspen is stupid. But this kind of a story is a national embarrassment and every rich person in this glittery ski town should be down the necks of the idiots who are allowing this to continue.


I’ve written about this service dog dispute before. The board of the Aspen View Condominiums on Midland Avenue has spent months harassing the owner of a condo because he rented it to a woman who has a service dog to help her deal with her epilepsy. After months of the most incredible nastiness toward this woman, she moved out.


But Aspen View bullies wouldn’t quit. They began assessing fines against the condo owner and have liened his home.


If you want to sleep tonight, do not read the Aspen Times story linked below. If, however, you want to see how low and morally degraded some HOAs get, then have at it. And think about sending a note to this disgraceful board.


(The Aspen Times makes you answer a question before the text appears. Just click a box and you’ll be able to read it.)


(link to story on service dog flap)