Category Archives: Government

Peculiar, Peculiar

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Well, other headline writers got to it first so I just have to settle once again for being a copycat.

But in the town of Peculiar, Missouri there’s a really bizarre thing happening. Actually, it’s quite scary if you consider all the implications.

A homeowner is trying to get a permit for an above ground swimming pool. City officials say such a pool would violate the rules of her Homeowners Association so they won’t grant such a permit. The crazy thing is that there ISN’T a Homeowners Association there.

One was planned by the original developer, but he went bankrupt before an HOA ever came about. So here is a government institution enforcing a ‘rule’ that was never actually imposed by a non-governmental non-existing institution.

Reason finally prevailed once the homeowner hired a lawyer. But it’s hard to find any reasonableness in the city officials quoted in the story linked below.

(A city tries to enforce a non-existent corporation’s proposed rules)

 

Separate Doors For The Rich & Poor

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This story was outrageous when we first heard about it last year. It’s even more hideous now that New York officials have formally approved it. But the builders of luxury condominiums will be allowed to send residents of ‘affordable living’ units through the back door.

I still remember the segregated water fountains in my grade school in Texas. And I frequently asked my parents questions they had trouble answering.

But when the ritzy buildings go up in New York along with the required amount of affordable dwellings, all those ‘po folk’ will have to enter the building through a separate entrance. Can we say, “separate but equal?” That sure has an ugly sound to it.

(link to article on luxury condos)

 

Equal Voting Rights? You’re Kidding, Of Course!

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guest blog by Deborah Goonan

What would you say if I told you that your neighbor voted for the Mayor of your city seven times in the last election? And what if you learned in the news that the owner of the apartment high rise downtown got 240 votes at the polls? What if your neighbor, going through hard times and behind on his property taxes, was turned away at the polls and denied his right to vote? Suppose there was a controversial referendum on the ballot, and lots of wealthy property owners got to cast one vote for each property they owned?

Chances are you would be indignant, as you should be.

But this is exactly the process used to elect your HOA Board of Directors  – that is, when there actually is an election – and how changes are made to your HOA CC&Rs (Covenants, Conditions & Restrictions), all those rules you must follow, or else.

Although your HOA may seem like local government, with the power to enforce penalties for various violations large and small, the fact is that your HOA is a legal corporation and not officially a government.

Therefore, the corporate voting model is used. Each property owned represents one share of the HOA, and gives the right to one vote. Unless, of course, you happen to be the Developer, in which case you have weighted votes – anywhere from three to nine votes per lot owned – during the time of construction and sale of homes. (Not that it matters for elections, because during Developer control, the Board is appointed, not elected. But it still matters for amendments to the CC&Rs.)

It doesn’t matter how many people live in your house, you still get only one vote, as long as you’re the owner. If you’re a tenant, you probably don’t get to vote at all, unless the HOA allows the owner to allocate his or her vote to a tenant.

What about that real estate investor, a friend of the Board President who just purchased 40 homes or condos in your HOA? She gets 40 votes, one for each property. It doesn’t matter that she doesn’t actually live in the community, that she’s an absentee landlord who doesn’t even manage her properties or monitor her tenants (other than to collect rent). She still gets 40 votes to your measly one vote.

As for your next-door neighbor who’s behind on her assessments due to unforeseen medical bills, and the neighbor down the street who hasn’t paid a fine for that stubborn brown spot in his lawn: their votes are not counted! Never mind that the poll tax was declared unconstitutional in 1964, with the ratification of the 24th amendment, because corporations do not necessarily have to guarantee shareholders Constitutional protections.

How might this lopsided allocation of voting rights affect your next Board election? Now imagine what will happen when the Board wants to relax rental restrictions. Who has more votes in your HOA – the full-time owner-residents or the bulk buying landlord-investors?

Contrast this to the more democratic process in conventional American communities, where each citizen who is registered to vote gets but ONE vote, regardless of income level, tax delinquency status, or number of properties owned.

The corporate allocation of voting rights practically guarantees inequity in HOAs.

Welcome to the neighborhood.

CAI To Wage Battle In Massachusetts

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Expect a ton of money to be poured into the pockets of Massachusetts legislators over the next week. What’s up? The State Senate has agreed to a ‘common sense’ bill to order condo associations to pay the legal costs of homeowners who have to sue to get financial records.

A homeowner has an absolute right to see the association’s financial documents, budgets and insurance policies. It’s basic common sense, especially for homeowners who are trying to sell their homes and move out. Mortgage companies require it. The current law mandates that those records be made available. But there’s no penalty for corporate deviants who decide they’re above such puerile requirements.

The current problem is that the bill is stalled. If the Massachusetts House doesn’t get off its collective rear end, or if a lobbyist in a legislative hallway waves a few thousand bucks around, this bill may fail due to official disinterest.

(link to Boston Globe story on condo law)

 

 

Community Associations Institute (The Disinformation Institute)

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guest blog by George Staropoli

Think in terms of the Third Reich and the Ministry for Public Enlightenment and Propaganda, Josef Goebbels in charge.

CAI is the modern incarnation of the Ministry. If, as has happened, CAI goes unopposed with its ongoing propaganda campaign about the grand and glorious benefits of HOAs without even whispering “constitutional violations” or “de facto private governments” who will believe anything is amiss?

What? Those malcontent, troublesome homeowners who don’t know how to live in a community with rules? That handful of trouble makers? They can’t even write decent legislation! Let the CAI lawyer/lobbyists explain the issues to your legislators so you can make better decisions.

Who would you believe?

Over the years CAI in Arizona has been basically silenced in the public media, because I would confront, challenge, and expose their lunacies and false statements whenever I could.

In the 2000 – 2005 time period the CAI repeatedly slandered homeowner advocates. We often heard statements from legislators like, “You’re just trying to get out of a contract.” “You agreed and you should have read your contract.” “Anyone who didn’t read or understand their CC&Rs and signed anyway was really stupid. I wouldn’t do anything like that.” Or even worse, “If you don’t like your HOA, just move out. That’s all!”

This year the Arizona Legislature approved SB 1482 without any questions being raised in committee. The bill was simply voted on and passed. Why? An almost identical bill was passed last year but failed in the courts. Also last year I repeatedly confronted and exposed CAI simply by quoting erroneous statements their lobbyists had made in public. Many legislators began to realize CAI was feeding them bad information. Of course, the previous law was eventually thrown out by the courts because it was fundamentally illegal.

However, CAI lobbyists still walk the halls of the legislatures whispering in each lawmaker’s ear, spreading the same old disinformation. This will never change unless voters contact their legislators and truly educate them on the issues.