Category Archives: Government

Rediscovering Values

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guest blog by George Staropoli

For a society, a community, to function in an orderly manner there must be not only rules, but a firm belief in the need to enforce just and fair rules and laws. Political philosophy says that where laws are unjust and unfair, then the democratic government is not legitimate, cause the reason for forming a social contract and surrendering freedoms is just that.

Take for example the society of criminal known as the Mafia, or La Cosa Nostra (which literally means ‘our thing’). It had its enforcement squad for those who did not want to abide by the rules – called Murder, Inc. But, they were criminals anyway.

Our elected representatives and national leadership has lost its way long ago. Obama, in today’s news, makes a statement to the audience and cameras, “what did we do to PISS OFF . . . .” From the President of the United States on national TV! What will Michelle tell a kid who asks, Why did the president say a dirty word?

CAI operates outside society’s rules, as they once were, and does its own thing. We need to return to those values as stated by Rev. Jim Wallis, and paraphrased by me:

We have . . . substituted ‘market value’ for ‘moral value’. . . . Do we want [property] values to prevail everywhere and in all things? Are there some areas of life where [property] values should not determine what is most important — personal and family relationships, ethics and religion, community and public service and social justice? Are there certain things degraded when [property values] are allowed to be the ultimate measure? Are there certain social values and practices that are higher than market values?

 

On Stopping Bullies

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guest blog by George Staropoli

And how does one stop a bully?

Here’s a short, direct answer, not from me but from Alexander Hamilton:

“If there is no penalty [for] disobedience, the resolutions or commands which pretend to be laws will, in fact, amount to nothing more than advice or recommendation.” (Alexander Hamilton, Federalist #15)

Proposed HOA reforms must include necessary and sufficient detriments to put an end to HOA bullying and abuse. People do not become angels when they become a board member, like our astute, politically savvy legislatures would like you to believe.

“If angels were to govern men, neither external nor internal controls on government would be necessary.” James Madison, The Federalist papers, # 51.

“CIDS [HOAs] currently engage in many activities that would be prohibited if they were viewed by the courts as the equivalent of local governments.” … Privatopia, Evan McKenzie(1964).

Much of HOA legislation does not contain external enforcement provisions, such as an outright “null and void” statement, but rely on the goodwill of upstanding citizens and officers of the court to do what is right as intended by the reform legislation. Well, we know that that is a vast delusion. We see HOA attorneys seeking loopholes in statutes, bring up vague and unsupportable questions of law, etc. to intimidate homeowners into not taking action or else pay through the nose. All those words and clauses that the attorneys seem to find vague and unclear and seek civil action to clarify their meanings.

No, stop the bullying by imposing civil penalties on those who do not serve good public policy to make better communities, rather than to stuff their pockets. Like special taxing districts, civil penalties abound in the laws of all states. I prefer misdemeanor charges to make the message clear.

Another Million $$$ Embezzlement Hits A Homeowners Association

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Why hasn’t Hollywood jumped on the uncontrollable embezzling that happens in Homeowners Associations across America? Some astute member of the Writers’ Guild could come up with a great screenplay. The reason it hasn’t been done is that the plot would just be too unbelievable.

If you know a good writer, tell him to look at the current story in the Bear Reserve Homeowners Association in Eustis, Florida. The cops have just busted a couple of developers who became board members on this HOA. The pair are accused of embezzling 1.5 million dollars and moving it to shell corporations. How the heck didn’t homeowners discover many years ago that they were being ripped off?

Always remember that embezzled money is rarely returned, which means a special assessment against all HOA property owners. That’s part of what makes HOA embezzling such a horrific crime.

If your board refuses to give you an accounting of all HOA funds spent, if you get delayed, harassed or ignored for making such a request, then you, my dear friend, may rightly assume that your HOA money is being embezzled. Just assume it! It’s going on everywhere.

(link to WESH-TV story)

 

 

Link To Lawsuit Against Blondie & The Bimbo

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Several readers have asked for the exact text of Arizona Dave’s lawsuit against Blondie and the Bimbo. Governor Brewer and Rep. Michelle Ugenti keep sneaking patently illegal HOA laws onto the books after bamboozling other legislators. So, here it is:

(link to text of lawsuit against Blondie & the Bimbo)

The more complete story was posted several nights ago. Just click back in this website’s history. I didn’t actually mean for this link to be a separate post. But I just like saying, “Blondie and the Bimbo.” From what I hear from insiders it makes this pair so angry. Especially when they realize this website has had 375,000 visits over the past 12 months.

Pennsylvania Widow Loses Home Over Six Bucks

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The grapevine is buzzing about a Pennsylvania widow who inadvertently underpaid her property tax by six dollars & change and lost  her house at the county tax auction. This fight’s been going on for several years but now a judge has essentially told her, “The loss of her home was just fine and dandy.” Her $280,000 house seized and handed off to someone else.

When her husband died, she apparently got behind on the bills. She paid the property tax but she says she was never informed about the six dollar interest charge. She’s going to appeal, and who knows, she might win in a higher court.

Still, she was protected by the U.S. Constitution, she had the right to due process and the right to appeal, the right to appeal over and over again.

Across this country the same thing is happening. The record home seizure was in West Boca, Florida, where a single mom lost her home over an inadvertent underpayment of Homeowners Association dues by 78 cents. But day in and day out, Homeowners Associations are attacking residents of the neighborhood for such things as parking the wrong kind of car in the driveway, not getting your trash cans inside within an hour after pickup.

In one paper written by a fellow in the Cato Institute, the author talked about HOA attorneys in Houston running around ticketing cars because they knew they’d make extra legal income by generating extra fines, liens and lawsuits. Talk about a conflict of interest!

The difference between the government home seizure in Pennsylvania and the confiscation of all those other homes by Homeowners Associations… HOA residents don’t have the Constitutional rights to fight back. There’s no due process, there’s no way to appeal, no checks and balances. The guy who tickets you is a member of the board or the HOA manager. So you have to appeal to the same people who are beating you up in the first place.

The typical HOA is based on the private non-profit corporation model, and when you’re attacked by your own corporation you have little or no access to Constitutional rights. 

Welcome to your new life in your HOA.

(link to Associated Press story)