Category Archives: firearms

OMG! Is Jill Schweitzer Trying To Kill The Phoenix Cash Cow?

guest blog by Nila Ridings
 
She’s a real estate broker on a mission and armed with a new website (www.hoasavers.com).  She sat on her HOA board and got her eyes opened to all the waste by property managers.  But her board was able to save her HOA $40,000 by getting their own bids, minus the “guidance” of any property manager.   
 
HOLY COW!  Michael Latz of Golden Valley Property Management says Jill needs to get away from the HOA herd.  He’s runnin’ this ranch and got this biddin’ business under control! (Wink, wink.)
 
Come to think of it, wouldn’t Jill make a stellar replacement in the Legislature for The Bimbo? State Representative Michelle Ugenti has made a mockery out of the legislative process in Arizona. Can we talk Jill Schweitzer into running?
 
That would actually be a legislative race that would be fun to watch!
 
 
 

Getting Screwed for Putting Up Posties

Whew! Put up any kind of lawn sign in an HOA neighborhood and you’re going to get “rode hard and put away wet.”

These poor folks in North Carolina put up a small sign on their porch to tell burglars that they believed in the Second Amendment. No sooner did the sign go up than they were they smacked up alongside the face.

“Illegal sign!  One hundred bucks a day!” This is one HOA that knows how to play cards and lay down a phony flush. “We own your butt, Big Boy! And you’re goin’ down hard.”

If you’ve EVER considered living in an HOA neighborhood, wander over to Amazon.com and buy my book, Neighbors At War! Or borrow a freebie from your next-door neighbor. And definitely….read the link posted below!

(link to story on illegal security sign)

 

Massive Explosion In New Jersey Condo Complex Leaves One Dead And Many Homeless

guest blog by Nila Ridings 

It is too soon to know if this massive explosion was caused by a gas leak, an improperly marked gas line, or incompetence by contractors…or any other cause.  What is known is one person has lost their life in this condo explosion.  Countless others are homeless or unaccounted for at this time.
 
A fire marshall once told me this type of situation is their worst nightmare:  People in attached housing. Difficulty knowing who was in the units. And the difficulty of knowing where to begin looking for survivors.  He also mentioned many HOAs have narrow streets that make it difficult to get fire trucks and equipment to the engulfed units.  That is compounded by people parking vehicles on the narrow private streets which impedes the first responders’ access and delays response time.
 
Sadly, these owners are left with rebuilding (which I would want no part of) and making payments on a place where they cannot live.  In addition, they have HOA dues to pay on a place that is totally destroyed.  And their personal possessions are completely wiped out.  Will they all have insurance to cover the damages?  If they don’t, who pays for the rebuild?  No doubt there will be lawsuits to determine the blame and while those process through the court system the owners continue to suffer.
 
This makes me think.  If this happened in an apartment complex, victims would find a new apartment and move on to rebuilding their lives.  But in a condo you’re stuck with no say in when, who, how, or if there is a rebuild.  You’re faced with the payments, no place to live, and your life in turmoil and at the mercy of a group of board members to make a decision about your future living arrangement.
 
Lesson learned.  Condo living is looking even less desirable.  
 
My heart goes out to all of these condo owners for their suffering and loss.  Sadly, they are facing some very difficult days ahead.
 
 
 
 

Astute Analysis Of The Virginia HOA Debacle

guest blog by George Staropoli

I thank Ward for covering the developments at the Virginia Legislature regarding:

1) the right of HOA to fine members even though the sacrosanct CC&Rs contract does not permit them,

2) making fines the same as assessments thereby allowing for foreclosure for the nonpayment of fines, and

3) overriding the Virginia Supreme Court’s holding in Unit Owners v. Gillman (1982) that fines are a government power that cannot be delegated. 

Virginia’s HB 791, the bill in question, makes use of the statutory  mandate word, shall, which can lead to claims of HOAs as state actors because they are obligated to do the bidding of the state.  “The board of directors shall also have the power . . . to (ii) assess charges against any member for any violation of the declaration or rules and regulations,” except if explicitly forbidden in the declaration.  (Sections 55-513(B) and 55-79.80:2(A)).  

Yet in Gillman the Virginia Supreme Court held, 

We do not agree that it was ever the intent of the General Assembly of Virginia that the owners of units in a condominium be a completely autonomous body, or that such would be

permitted under the federal and state constitutions. Admittedly, the Act is designed to and does permit the exercise of wide powers by an association of unit owners. However, these powers are limited by general law and by the Condominium Act itself. 

What HB 791 does is to make HOA fines legal under Virginia’s statutes. Ha!  Take that!  By fiat, by statute, HOAs are permitted to impose a draconian monetary penalty against homeowners – the right to make them homeless through foreclosure. 

The Court in Gillman went on further to say,

“The imposition of a fine is a governmental power. The sovereign cannot be preempted of this power, and the power cannot be delegated or exercised other than in accordance with the provisions of the Constitutions of the United States and of Virginia. Neither can a fine be imposed disguised as an assessment. . . . We think it clear that the Gillmans were being punished, not assessed, and hold the action of the Association to have been impermissible. 

And very importantly from a constitutional point of view (my emphasis), “A condominium restriction or limitation, reasonably related to a legitimate purpose, does not inherently violate a fundamental right and may be enforced if it serves a legitimate purpose and is reasonably applied.”  

What is the genuine government interest to impose draconian monetary penalties for the failure to pay a private organization’s penalty?  

If it is argued, but has not yet been so argued, that HOAs are vital to the welfare of the community in general and to somehow provide for the greater community’s happiness, then what we have is the HOA acting as an arm of the state.  The HOA is then subject to the Constitution as if it were a state government entity.

(UPDATE FROM WEBMASTER: even though the State of Virginia may have modified its proposed legislation, George’s point should be kept in mind because other states may begin going down the same unconstitutional path as Virginia was headed.)

 

AZ GOV Committee Burns While Chairperson Ugenti Fiddles For Campaign Funds

guest blog by George Staropoli
 
The Arizona House Government Committee is chaired by Rep. Michelle Ugenti.  Why hasn’t she held her House GOV committee meetings for the past 3 weeks, 4 in total (just under 50% not meeting)?  
 
Here’s a copy of the latest Ugenti flyer to raise funds for her campaign   Does her personal agenda –  campaigning for re-election – come before the work of the Legislature and her committee?  Before the people?  Is she so indispensible to the Arizona Legislature that she must be re-elected?  Or is she so desperate to get re-elected in the face of past acts and actions?
          =     =    =    =    =    =    =    =    =    =    =    =
Please Join Congressman David Schweikert and Host Jim O’Connor

For A Meet and Greet In Support Of:

Representative Michelle Ugenti

 
Contributions to Michelle Ugenti’s Reelection Campaign Are Encouraged and Accepted

Registered lobbyists cannot contribute at this time

 
The maximum donation is $2000 dollars per individual and $4000 for couples with joint bank accounts. PACs can contribute up to $4000. Corporate contributions are prohibited
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Last session she attached her twice defeated HOA omnibus bill, HB 2371, in the waning hours of the last meeting of the session causing Senator Griffin’s SB 1454 to violate the Arizona Constitution and House Rules. A law suit was filed and the attached Ugenti amendments were declared invalid.  However, ARS as posted on the Legislative website, ALIS, still shows the invalid laws without any annotation as to their unconstitutionality.
 
See:  HOA SB 1454 progeny: passing SB 1482/HB 2695 would be an act of tyranny by the AZ Legislature and view the important reference links to other posts.