Category Archives: Government

Mexican Drug Cartels and the HOA Business?!?! Gwan, Ward!

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I don’t have to exaggerate this one since it’s coming out in next month’s federal HOA racketeering trial in Las Vegas. No, there are positive links between money laundering in American Homeowners Associations through Mexican drug cartels. As absolutely incredible and impossible it sounds, everything’s fair game when it makes its way into sworn federal court testimony.

Sound weird? Impossible? Just remember that when crime gets organized, organized crime becomes endemic.

And remember that the national news networks are totally avoiding any in-depth reporting on this story. Shame on the national media.

(link to connections between Mexican cartels and HOA business)

 

 

PR2 HOA reaches confidential settlement w/City House, Frisco, TX

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guest blog by Deborah Goonan

Several weeks ago, I told you about a pending legal dispute between Plantation Resort 2 HOA vs. City House, a non-profit organization that assists homeless youths. Several months ago, City House purchased and remodeled a 5-bedroom home in PR2 HOA, for use as transitional living for young adults in need of a home. Shortly after the purchase, PR2 notified City House that it would not be permitted to use the home as intended, citing violation of its Restrictive Covenants.

Earlier this week, WFAA Channel 8 was notified that a confidential, out-of-court settlement has been reached. The video and transcript is linked below.

The dispute centered on PR2 HOA’s restrictions. The attorney for the HOA, Chad Robinson, had argued that the proposed use of the residence City House now owns – as transitional living for up to 8 young women that would otherwise be homeless – does not fall within their definition of “single family use.”  Monica Velazquez, attorney for City House, has maintained that “single family use” pertains to how the property is used, not the people who live there. City House planned to use the residence to meet basic housing needs of its residents, all of whom work and attend school, but share expenses for rent, utilities and meals.  The dispute was headed for court, where a judge would decide the matter.

But, in typical HOA fashion, a legal settlement has been reached, complete with a sealed file and a gag order. Rob Scichili of City House states that they have decided not to pursue the expense of litigation and to instead move away from PR2 HOA, where they are clearly unwelcome anyway.

Sound familiar? Ah, yes, the old HOA playbook: “We have rules here, and if you don’t like them, MOVE.” The HOA gets its way once again. Of course, with a confidential settlement, the public will never know the details of what was discussed by the parties involved. And that’s just the way the HOA likes it. I certainly hope that City House was at least able to recover its closing costs, remodeling costs, and relocation expenses.

Watching the video report made my blood boil. The arrogance of the two neighbors interviewed, with their not-in-my-back-yard attitude, was nothing short of outrageous, in my opinion.

Do all PR2 residents share these NIMBY views? Probably not, but they will all have to pay for the attorney fees and the legal settlement. They will all have to live with negative publicity for their HOA. Hard to say what effect that might have on their property values.

It seems like we publish at least one blog on NAW each week, featuring yet another story of HOA discrimination, harassment, or bullying. Talk about a huge deterrent for a buyer (or tenant) to living under the HOA regime. Anyone who cares about social justice, fair play, kindness, or compassion will be sorely disappointed under corporate governance by CC&Rs.

(link to WFAA Channel 8 news report on legal settlement)

The previous blogs can be found

Here http://neighborsatwar.com/2014/10/texas-judge-decide-meaning-family-hoa/

and here http://neighborsatwar.com/2014/11/judge-rules-frisco-city-house-can-stay-hoa-civil-case-pending/

David Beats Goliath: Eminent Domain Land Grab Squashed!

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guest blog by Deborah Goonan

Here’s more positive news for homeowners, just in time for the holiday season.

Residents of homes in Pleasant Ridge, Charlestown, Indiana, have good reason to celebrate this year. They fought City Hall, and won! A few months ago I blogged about the Mayor of Charlestown declaring the modest neighborhood of 345 homes “blighted” and planning to sell the land to a private developer. That would have meant all the existing homes would be razed to make way for new development of multifamily homes.

Institute for Justice has been working with citizens in a grass roots campaign to defeat the planned sale. It turns out that Indiana was one state that amended its eminent domain laws in 2006, in response to the well-known Kelo v. City of New London “Little Pink House” legal case. Indiana’s law now states that land cannot be taken and handed over to a private developer.

What do we take away from this story, combined with the recent news of the NJ’s Supreme Court’s decision to uphold free speech in common interest communities – a huge victory for HOA homeowners?

Grass roots pressure works, when properly organized. Our State Constitutions matter! States can strengthen their own Constitutional laws to prevent Developers and Real Estate corporate interests from exploiting loopholes and running roughshod over the interests of Ordinary Citizens. In both of these cases, it was legal advocacy – not political advocacy – that resulted in justice being served.

Local politicians in Charlestown fell in line when public pressure reached critical mass, with the help and guidance of advocacy group IJ, possessing legal clout and credibility to get the job done.

A tenacious retired prosecutor was determined to defend his rights. The ACLU in New Jersey stepped up to the plate, and submitted an Amicus Brief that blew CAI’s legal arguments out of the water.

Despite all of the political polarity we have in our country these days, note that positive changes are happening with bipartisan advocacy efforts – the “Conservative” Institute for Justice, and the “Liberal” ACLU.

When concerned Americans unite against injustice, in ways that are constructive, good things happen!

What are your thoughts?

(link to IJ news release: Largest Eminent Domain Land Grab Defeated

 

Beware the Coming Building Craze! Caveat Emptor!

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Canadians often seem much more polite than Americans, but the BBC documentary linked below is one that everyone on this blog should watch. Downtown Toronto has been devastated by defective construction in many of its high-rise condo towers. The U.S. government is following the exact same political path as the governments of Toronto and of Canada have been following over the past seven years.

With the inevitable world financial collapse that’s coming, many building shortcuts are going to be overlooked in the U.S.. Massive construction projects will be seen by our government as an escape valve against the housing market bubble. Thousands of people in rapidly expanding financial markets like China and Dubai will be buying newly built American condos without ever making a personal visit or inspection. And American building inspectors will be ordered by their bosses to overlook common sense building regulations.

This blog is all about protecting you. My guest bloggers put a lot of work into researching and writing about certain subjects to protect you, the homeowner. But believe me, we’re getting pressure from the CAI cacophony and the realty folks and property managers. We make no money on this blog by encouraging our followers to be cautious in their investing.

Caveat emptor.

 

“That’s One for You, Ten for Me, One for You and Ten for Me.”

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The number of embezzlements by HOA officers is almost laughable. I’d say unbelievable but that’s not the right word. Greed is part of the human condition and has been around since Cain and Able.

Still, you’d think that some embezzlers would feel a little bit guilty.

Enter Elizabeth Mills Wilson, treasurer of the Manor at Harmon Lake Homeowners Association in Forsyth County. Now I’m not saying she’s guilty. That’ll be determined by a jury, or by a guilty plea. Her Sheriff’s booking photo makes her look a little bit arrogant. 

But then, you’d have to be a little arrogant to steal $40,000 from your neighbors. A judge will give her a suspended sentence and maybe a tongue lashing. What this country really needs is some real lashings!