Category Archives: Duck Dynasty

Cypress Woods vs Wilbur…Battle Rages On!

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guest blog by Nila Ridings

It’s been almost two months (7/7/14) since I wrote about Wilbur the pig that provides companionship and comfort to the Halpern children.

Nothing has been settled and the parents and pig are appearing on a radio show to explain their side of the story. They have now received a $1,000 fine but the HOA attorney, Ryan Aboud  knows nothing about that. The property manager and board members aren’t speaking about it…so who has what trick up their sleeve now?

Ward just wrote about heart problems versus neighborhood relations.  We just had two American journalists beheaded on foreign soil by terrorists.  The economy we are hearing is near collapse.  We are approaching the 13th anniversary of the worst attacks on American soil on 9/11/01.

And…Cypress Woods wants to keep battling over a pig???  Please, tell me this is not so!

I have a question for Mr. Ryan Aboud.  The Halperns now have a pro bono attorney helping them.  If you were handling this case pro bono for the HOA would it keep raging on?  Or is it the billable hours that are making Wilbur the most sought after HOA pig?  It’s time to STOP the madness Mr. Aboud.

(link to Sun Sentinel story about Wilbur)

 

 

Love Thy Neighbors – It’s Good For The Heart

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I’m going to slip into the religion zone for just a minute. But for you non-believers, just wait. It’s for you too.

When Jesus was asked about the most important commandments, the first was “Love your God with all your heart.”

When asked about the second he said, “Love thy neighbor as thyself. There are no greater commandments than those.” He actually said that!

Sooo, let’s go full circle and jump forward a couple thousand years to a scientific study of more than 5000 people and their health and general well-being. It seems like there’s a pretty solid connection between heart health and the amount of strife with neighbors.

I’ll leave the finer points of the study up to you in the link below. In the meantime, I’m using both hands and both sets of toes to count up the number of cancer and heart disease patients in my own HOA neighborhood!

(good neighbor study)

 

Norristown PA Condominium Failure Costs Taxpayers Millions‏

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guest blog by Deborah Goonan

Why should you care about continued construction of HOAs, even if you do not live in one?

City and County planning boards love HOAs because they increase the property tax base, while requiring very few, if any, additional services to be provided within the boundaries of these communities. In theory, HOA residents pay assessments for their own services – which can include road maintenance, storm water system maintenance, security, and the like, as well as maintenance of common areas and multifamily (attached) housing structures. In other words, HOA owners pay more of their property tax dollars for a lower level of city or county service. That means higher net tax revenues for cities and counties. Or does it?

I have blogged before about the fact that non-HOA taxpayers are increasingly footing the bill for HOA failures in their cities and counties. Over the past few months, several media reports have surfaced about troubled and failed private HOA communities. Today I present one example from Norristown, Pennsylvania, as originally reported in The Inquirer last month. (see link to article below)

According to the report, a 26-unit condominium at 770 Sandy Street was constructed in the mid-2000s. After construction, when problems became apparent, city “Inspectors pinpointed hazards years after the building was occupied, including load-bearing walls that were hollow, exposed wiring, and fire escape stairs made of wood.” How did the developer, R. Bruce Fazio, get away with selling homes with so many apparent construction defects?

Upon further investigation, it was discovered that the municipality had issued a flawed permit, and apparently failed to identify building code violations prior to occupancy.

In 2010, the building was condemned, and a judge ordered the city of Norristown to make repairs totaling $3 million.

But despite the fact that taxpayers have already forked over $3 million for the apparent negligence and incompetence of the developer and city officials, problems still continue, with many units remaining vacant and unlivable due to water damage from frozen pipes. Another condemnation may be in the works. How much more money will it cost the city of Norristown?

The unfortunate owners of these ill-fated condos have faced major financial loss and stress, but the residents of Norristown at large are also paying the price to clean up the mess left behind. Meanwhile, the developer and city officials are not being held accountable. Read the article below for details.

Your tax dollars at work?

(link to news story about Norristown failures)

 

Let Me Vent About The CAI!

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guest blog by George Staropoli

How dare Susan French (lead ‘editor,’ of the 2000 Restatement of Servitudes, 3rd; co-author of Community Associations Law (1998 & 2008) with Wayne Hyatt, CAI national leader) take the attitude, accepted by the publisher, ALI, that this treatise is geared toward private governments because that’s what the people want. Did any group have her ear? (The Restatement is the common law treatise used by the courts when statutory law is silent.)

“Susan French begins with the assumption that . . . we are willing to pay for private governance because we are unable to pay for these amenities . . . individually. Therefore this Restatement is enabling toward private governance so long as there is full disclosure . . . and so long as decisions are made according to established and fair procedures.” (Foreword, p. IX). (My emphasis).

What part of reality did she miss? That people love HOAs? That there are fair procedures?

The Restatement speaks of private governance, which apparently French really meant as private government without being subject to the US Constitution. Section 3.1(2), Validity of Servitudes: General Rule, declares that the servitude cannot “unreasonably burden a fundamental right” (p. 347). What is a reasonable burden on a fundamental right? Does that control the Constitution? Is this private citizen law? After a long discourse on protecting fundamental rights, comment h makes it clear that,

“The question whether a servitude unreasonably burdens a fundamental constitutional right is determined as a matter of property law, not of constitutional law. Constitutional law decisions may be useful, but are not controlling, in determining when a servitude goes too far. When private parties create and enforce servitudes they are not governmental actors.” (p. 359-60).

Well then, what do we need the Constitution for? What do we need legislators for?

Lemonade & Garage Doors

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Property values in Western Florida are in the gutter. So it’s not unsurprising that some low testosterone creep would complain that West Dunedin neighborhood values were down because a little boy was operating a little lemonade stand. Lots of neighbors support this kid, to no avail. He’s been ordered to take it down

(lemonade stand story)

Here’s another weird one. A friend of mine sells my book, Neighbors At War, from his packaging store. His last one sold just yesterday. Seems an angry customer was sending off a $1000 certified check to his HOA to pay for a garage door that was inadvertently left open.