Category Archives: firearms

OK, I Admit It! HOAs Have A Purpose!

      4 Comments on OK, I Admit It! HOAs Have A Purpose!

Before you hire an assassin to take me out, please listen to my reasoning.

Next door ‘party houses’ are the bane of the existence of any homeowner. People buy the house, then start renting it out to party-throwing wild people who screw things up for the entire neighborhood. Certainly, Homeowner Associations can take these houses down. They assess fines, file liens and lawsuits and can shut these places down.

Still, if you have a strong zoning department they can shut these houses down much more quickly and without costing HOAs a ton of money in legal fees. And Zoning Departments have to follow Constitutional law. It doesn’t make them slower in enforcing reasonable standards, but it does make them more accountable.

As a property owner in an HOA, wouldn’t you rather deal with Zoning than with a bunch of slander-slinging neighbors? Wouldn’t you rather have your insurance and legal fees remain stable so you don’t get hit with special assessments to pay for legal fees? Wouldn’t you rather be in a position where the HOA insurance company doesn’t cancel the community policy because of an excess of Board lawsuits?

It’s all about peace and quiet enjoyment of property. Wouldn’t you rather have the county cracking the whip than your next-door neighbor, or your Nazi-minded board member?

It’s all about common sense, which apparently isn’t a factor in the national HOA scam.

(link to story on party houses)

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Hiring an HOA Management Company

      9 Comments on Hiring an HOA Management Company
guest blog by Jill Schweitzer

As a Realtor in Arizona, I recently went to a class presented by an HOA property management company. The topic was the various ins and outs of HOAs hiring a management company. But as the class progressed, I thought it really would be better taught by an attorney and not somebody within the HOA industry.

Here are my conclusions after going through this class:

1. Absolutely, have an attorney review and make changes to the contract! Have the attorney tell you what items to add in to the contract items that are missing in the laws to protect the both the HOA and the individual homeowners…thereby holding the management accountable and responsible for any misfeasance or malfeasance. Also have the attorney remove the indemnification clause! Why pay to defend a management company for its bad actions?

2. Check court records online and in person to examine lawsuits the company may have been involved in.

3. Recommend that boards either eliminate or lower transfer and disclosure fees!

4. Recommend the board get a website independent of the management company. This would ensure that the HOA’s connection with homeowners survives any future change in management.

5. When hiring a management company, HOA boards should be careful of all the extra junk fees; printing, copies, coupon books, violation letters, etc.

6. Finally, mandate that any management company hired by an HOA certify that it has insurance against all misfeasance and malfeasance by management company owners, executives or employees.

 

Georgia Homeowner Told To Narrow His Driveway

      3 Comments on Georgia Homeowner Told To Narrow His Driveway

Just because you got permission years ago to modify your home, don’t count on your HOA to respect the past. A Georgia man is learning that the hard way. He squeezed three cars onto his driveway, and management company paid attention.

Ralph Isabella says he got board permission six years ago to widen his driveway. It was all fine and dandy until Isabella cleaned out his garage and temporarily parked the cars outside. Suddenly, the HOA says if Isabella doesn’t take out the new pavement they’ll narrow his driveway for him and sue him for the cost.

The Copper Springs HOA, Oakwood, Georgia.

Nice folks.

(link to story in Gainesville Times)

 

A Long Read, But Worth It!

      No Comments on A Long Read, But Worth It!

Many years ago I read a hilarious article By Bill Vaughn in Outside Magazine. It’s not about Homeowners Associations, per se, but it’s a fantastic story about living with crappy neighbors. I re-read the story about once a year just to keep my spirits up. Now I want to share it with you!

http://www.outsideonline.com/1819496/wontcha-be-my-neighbor

Now, South Carolina

      3 Comments on Now, South Carolina

Slowly, but surely state legislators are hearing from bullied homeowners that the national HOA scam is ruining lives. And more news agencies are doing stories on out-of-control boards. The story linked below is from South Carolina which has a growing number of homeowner complaints.

Legislators tell themselves, “Of course, we can pass some laws.” Only problem is they can’t. The U.S. Constitution guarantees the ‘right to contract.’ And you certainly can sign a contract to give up your constitutional rights. That’s the rub. Florida’s Deborah Goonan has it right when she says at least we can license HOA management companies. That’s a good start. But it won’t end the nightmare of board members who feel entitled and empowered to throw their weight around.

Still, the more people who complain to legislators, the better. Ultimately, though, the solution has to come from the courts.

(link to homeowner complaints in South Carolina)