Parents in the Pebble Creek Homeowners Association in Clark County, Nevada, are livid because of a change in school bus routes. Apparently, the HOA board doesn’t like school buses traveling through their neighborhood. So they’ve ordered the school district to pick kids up outside of the HOA on a busy boulevard. If kids don’t report to the ‘politically correct’ bus stop then they get a citation.
Bullying.
There’s yet another home confiscation in Florida, this one in the Waters Edge Homeowners Association. A young Florida family got behind in their HOA dues and their home was snatched right out from under them.
Young families are not wise to the ways of the world. They don’t understand how profoundly corrupt organizations like the HOA movement can simply steal what they own. Young people trust in the honesty of neighbors and neighborhood lawyers. Sadly, too many families who are just searching for a dream end up living a nightmare.
(link to WFTV story on homeless family)
One of my unspoken goals in creating this blogsite is to gradually build a list of lawyers in each and every state who are not beholden to such dismal anti-homeowner organizations as the Community Associations Institute. Other bloggers and I have been assembling a list of attorneys who truly represent homeowners against HOA bullies and management companies. So I solicit your input on lawyers you think deserve to be recommended by our network. You can privately email me at ward@NeighborsAtWar.com. Ultimately, our vetted list will be made available on all sorts of homeowners rights blogs.
On the subject of homeowner’s rights lawyers, I love the blogs put up by Florida attorney Barbara Billiot Stage. I know nothing about her, but I love some of her posts.
(link to Attorney Barbara Billiot Stage)
Colorado Springs Town Hall Meeting: let us know how you can help get the word out about this meeting on Feb 13: contact legislators, post flyer at your HOA, local media, etc.
Construction Defects Legislation: here we go again with the Denver Post exclusively contacting the Community Associations Institute (CAI) to represent homeowners’ interests in how homeowners’ money is used in litigation. Below is our letter to the editor of the Denver Post and copied to legislators:
“The Denver Post again allows those making millions of dollars from HOA Construction Defects (CD) litigation to represent the voice and rights of homeowners and distort the debate in CD legislation reform. No input is accepted from any recognized homeowner’s organizations. Once again, the only point person on homeowner’s rights is none other than the Community Associations Institute (CAI). The CAI represents the interests of property managers and HOA lawyers, NOT HOMEOWNERS! If CD legislation is ever be explained in a truthful, balanced, and productive manner it must first get by the pervasive CAI smoke screen.
First, almost all HOAs created in the past 15 years mandate in their Declaration that arbitration must be used in CD dispute resolution. Of the 8,500+ HOAs in the State most are beyond the statute of limitations and cannot sue. As a percentage or relative number of all HOAs, those that changed their Declaration (at the encouragement of HOA lawyers) is very, very small. Thus, precluding HOAs from changing their declaration and infringing upon homeowner’s rights is a weak argument. Furthermore, a recent Colorado court case has ruled HOAs can be prevented from changing their Declaration. The CAI would have the public believe the inability to change the Declaration will have a profound impact on homeowners’ rights but the reality is that it would mostly impact the ability of HOA lawyers to promote litigation in our costly court system.
The other issue involves requiring homeowners to vote on the approval of the use of their own funds in CD litigation. Currently, any HOA Board at the encouragement of their attorney can spend unlimited HOA funds on litigation without the knowledge or approval of homeowners. The CAI opposes this empowerment of homeowners as it would effectively reduce litigation.
We at the Colorado HOA Forum offer the following CD legislative proposal to mitigate litigation and empower homeowners: “HOA homeowners are required to be apprised of and vote on the use of HOA funds in all litigation.” Why is this so difficult?”
Another week, another outrageously unbelievable story involving a condo association. This one is in Aurora, Colorado.
Not long ago, I told you about a condo association in Ohio that has not repaired their central heating system for many months. Today I am sharing a video report from Fox 31 Denver, about Cedar Crest Condominiums. Residents – many of them tenants – have been without central heat since late October.
Rob Low of Fox 31 reports that residents are using space heaters and their ovens in order to heat their apartments.
Obviously, when the temperatures dip as low at 10 degrees Fahrenheit, that isn’t enough to provide a safe, comfortable living environment. Then there’s the fire hazard, of course, something that isn’t mentioned in the news report.
An interview with the condo association president, Judith Lorraine, explains the reason for delay in repairing the heating system — there’s no money.
Lorraine said the first bid to fix the pipes was $120,000 dollars. But she said getting the various owners to cough up a special assessment of $2,600 dollars for each of the 47 units met with a chilly reception, “We have owners that own the biggest part of the building that refuse to do that. They say they`ll pay their share when they sell in 10 or 20 years and that doesn`t help us today. We need the money today.”
You can read the transcript and watch the video here:
http://kdvr.com/2015/12/31/2-months-with-no-heat-at-aurora-condo-problem-solvers/
But…doesn’t the City of Aurora enforce building codes?
Now, you may ask a reasonable question: where does the City of Aurora stand on this issue? Well, according to the report, city officials are giving condo owners a 30-day warning, hoping they’ll get it together and do the right thing.
In other words, the city is exhibiting weak leadership, attempting to avoid strong enforcement of building codes, and basically allowing irresponsible condo owners to get away with collecting rent on unheated apartments.
Apparently City officials are more concerned about offending taxpaying condo owner-investors – even if they are not responsible landlords – than protecting the rights of owner-occupants and tenants.
Even more outrageous, Aurora goes out of its way to promote even more condo construction
Yes, Aurora is encouraging developers to build even more condos.
Over and over again, I share with you stories of the inevitable chaos and dysfunction, and the suffering thrust upon residents, not just in Colorado, but all over the US.
There are countless examples of Association-Governed Residential Communities where it’s clear that common ownership under corporate governance structure does not work. It breeds internal conflict and enables investor-landlord interests to violate the rights of owner-occupants and tenants.
Corporate association interests under developer control also shield condo builders from liability for shoddy construction.
But, as you might recall from earlier blogs, Aurora is one of several major Colorado cities to pass a local ordinace making it more difficult for condo owners to hold developers accountable for construction defects.
Makes you want to run right out and purchase or lease a condo, doesn’t it?
Or…maybe not.
