Category Archives: firearms

A Dark Cloud Over St. Cloud, Florida

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guest blog by Nila Ridings

First a little back story about the connections we are making in our fight for justice in HOAs. This time our focus is on a boy in the ESPRIT HOA near Orlando, Florida.

A few weeks ago I was reading a story that was posted on Facebook about an HOA issue. Many comments were made but one stood out for me. It was a man stating his son had special needs and the HOA was refusing to allow a fence around their back yard. I responded to his comment by mentioning he should talk to Dave Russell. Shortly thereafter, Dave Russell came across my comment and took the time to send his personal phone number to the gentleman.

Once Dave talked with Shawn Seekings and learned his son has Asperger’s Syndrome, ADHA, and Epilepsy and his wife, Kristin is pregnant, he took action. As we all know, Dave Russell is a property manager in Arizona and understands the laws pertaining to fair housing and he has connections to the media. Shawn knows the fair housing laws as well. He had already contacted the government agency that he hoped would give him some assistance. But time is of the essence because Kristin is not able to chase the child since he moves much faster than her these days.

The HOA will only allow an open-spaced wrought iron fence. Shawn knows his son will scale that fence and be at risk with the alligators in the water directly behind their house. He has a letter from his son’s doctor outlining his conditions and the need for a vinyl fence. The vinyl would be a surface his son could not climb up and over. On the other side of the HOA the homeowners have vinyl fences, but next to the alligator pit they only allow wrought iron.

I know. I know. It makes no sense to me either! After seeing a video of an alligator that took one bite and removed the plastic bumper from a truck I would want an eighteen inch thick concrete wall around my yard!

In an HOA the rules are the rules and the dictators on the board always follow them except when it applies to them or one of their cronies. They fail to recognize HOAs cannot legally override or violate a federal law. According to attorney S. David Cooper this HOA is violating the Fair Housing Act. The attorney for the HOA will not return phone calls. And, now another child that just needs to go outside and play remains in the middle of an HOA battle!

A special thank you to Louis Bolden of WKMG6 for reporting this story. Long ago we learned the only way to solve HOA issues without nasty expensive litigation is to turn the cameras on and have the reporters take control. I laughed when the property manager decided she should give the reporter some advice to which he responded he didn’t need any advice!

HOAs…they are a guaranteed headache!

(link to Orlando Sentinel article on autistic child’s treatment by HOA)

 

Florida Appeals Court Decides CC&Rs Trump State Law

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guest blog by Deborah Goonan

Florida HOA industry proponents are all abuzz about a recent District Court ruling. The Fourth District Court of Appeals (DCA) has clarified in its decision that if HOA Covenants, Conditions, & Restrictions (CC&Rs) specifically state that a third-party buyer need not be responsible for paying past due assessments, that provision overrides FL state law.

Florida statute currently requires that third-party buyers at foreclosure must pay all past due assessment liens accumulated by prior owners. However, as written, its intent is not to impair contract rights that were in effect prior to the 2007 statute.

In this article (HOA COLLECTIONS…Fourth DCA Decision Slams HOAs In Florida) the owner of an HOA collections business does not appear to be happy with the appellate court’s decision to defer to HOA governing documents in lieu of state law.

Note the double standard at play here. When it comes to CC&R violations, HOA-proponents want the “contract” to prevail. But when it comes to collection of past-due assessments from third party owners, the same folks want state law to override the CC&Rs, thereby impairing the HOA “contract.” In fact, the lower court decided the case in favor of the HOA, citing state law.

In this article written by a FL Attorney, blame and shame is cast upon lenders for “mooching” off of homeowners, and state legislators for creating laws that protect mortgage holders’ financial interest at the expense of homeowners and taxpayers.
But didn’t HOA proponents favor “mooching” off of homeowners when they gloated about NV and DC appeals courts decisions that third-party buyers at HOA foreclosure sales could wipe out mortgage liens? After all, what happens to property values when an $800,000 home sells at auction for little more than $6,000 owed one the HOA lien?

Lots of angles here.

For instance, what exactly are your HOA assessments paying for? Most of it may be for essential infrastructure – roads, storm water systems, private utilities, security, and the like. These are traditional government services, making HOA assessments akin to property taxes. So why is the HOA a corporation and not an official “mini-government” subject to prevailing Constitutional law instead of contract law?

Portions of assessment funds may also be for non-essential amenities. But our current laws treat all of these funds as absolutely essential, and as mandatory obligations. Assessments must be paid No Matter What, or risk lien and foreclosure by your HOA. If HOA fees were truly “contractual” obligations, homeowners would have the power to withhold payment for non-delivery of services, and the HOA would not have the power to foreclose to collect liens.

On the other hand, if HOAs were truly “mini-governments,” then why wouldn’t HOA assessment liens – at least the portion payable for essential services – hold an equal or higher priority than property tax liens?

So many contradictions and double standards, none of which benefit the homeowner.

(link to brief summary of new case law)

 

Another ‘Kid-Friendly’ Homeowners Association

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These stories are nauseating. Here’s another California Homeowners Association which has decided that kids are ‘Satan’s Spawn’ and need to be harassed out of the neighborhood. It’s understandable that HOA boards want kids to be safe. But I drive around neighborhoods all day long and see basketball hoops and skateboards and hockey nets. There’s rarely a story of any kid being hit in a neighborhood.

We’ve done enough in the PC world to screw up our kids’ heads. I’d far rather see kids playing basketball than getting fat playing video games.

Fie on the Whitney Oaks Community Association in Rocklin, California. Fie. Yes, I know that’s a little archaic. But it just feels good to say.

Fie!

(HOA bans overnight kids’ sports equipment)

 

 

 

Ultimate Bad Neighbors

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Zillionare FaceBook founder Mark Zuckerberg is trying to start his own HOA in Palo Alto, California. He just doesn’t want anyone else to live there except him.

Understandably, when Zuckerberg built his own mansion he wanted some privacy and bought up all the homes around him. He can afford to toss around 38 million bucks. But he’s being sued by a couple who claim they were conned into selling their property at too low a price to a ‘mystery’ corporation that turned out to be Zuckerberg.

I sympathize with this billionaire wanting some privacy and security. He’s probably got more stalkers and paparazzi than George Clooney. But with his wealth why would you subject yourself to the incredible invasion of privacy that happens during depositions and court testimony? To Zuckerberg, 1.7 million dollars is pocket change. Pay these reptilians off and get on with life!

(link to Bloomberg article on Zuckerberg neighbor fight)

 

Before Buying That Condo in Mexico….

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So many people are buying retirement homes in Mexico. But before you make that leap, study a recent condo seizure by a court that ruled Americans have no rights in Mexico. This poor lady (linked below) spent hundreds of thousands of dollars for her Mexican condo. But a lien filed by the workers against the developer ended up in her losing everything.

Actually, this same kind of thing could happen in many countries. As an American, you have rights that no one else in the world possesses. Treasure those rights. Guard those rights. Be militant about those rights. And just remember the old saying: “Anyone who ever made a difference was once called a trouble maker.”

(link to story of confiscation of Mexican condo)