Category Archives: Foreclosures

The HOA Tree Huggers

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guest blog by Nila Ridings

Michael Crick of Bridal Trails HOA in Bellevue, Washington loves trees but not ones that are diseased or at risk for falling on his home and possibly killing his family. So, he obtained the proper permits and the city arborist determined the trees he marked for removal were correctly selected.

The cutting began and suddenly a dozen neighbors arrived, including the HOA president, Ray Reass. The number one tree hugger offered Mr. Crick the standard advice given in all HOAs. MOVE! That’s right, if you do not want to take the chance of a dead tree falling on your house and family just MOVE!!! And then she so politely says, “Good Day.”

I can relate to Crick and his tree issue. Next to my garage, on HOA common ground were two very old and very tall trees that started turning brown and dropping needles like rain drops. The HOA removed one tree, but I think it was done more for the purpose of the neighbors who video tape my every move. With that tree out of the way they had a much better shot of my bedroom window and driveway.

My requests to have the other tree removed fell on deaf ears and were ignored. I called an arborist who said it was diseased and a wind storm could blow it down. Being in the the direct line of west winds blowing,  my garage, kitchen, and living room would be destroyed should that tree have fallen. I would have lost two vehicles, my entire kitchen, and everything in my living room. I decided to check with my insurance company about my coverage. I was instructed to write a letter to the property manager letting him know since he was being paid to manage the HOA and had been made aware of the dead tree if it fell on my house my insurance company would pay for the damage, minus my deductible, and then sue him for payment.

Shortly after writing the email to the property manager, I left town for three days. Guess what was gone when I arrived home?

(link to KOMO story about dead trees)

 

Goonan on CAI! Another Good One!

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guest blog by Deborah Goonan

To legislators at the state and federal level, and housing policy makers, CAI (Community Associations Institute) presents itself as the sole authority on HOA issues, and an advocate for homeowners. In reality, CAI is a trade group that represents the interests of businesses that serve – or exploit – homeowners and residents in mandatory associations.

CAI’s recently published white paper on Association Governance reveals its true agenda – to perpetuate blind acceptance of the Association Governance as the only viable housing institution, and to simultaneously create an ever-growing need for “expert” services of managers, attorneys, and various HOA service providers.

Here’s a link to my own blog site where I take an in-depth look a few of CAI’s outrageous assumptions and objectives:

Dissecting the CAI white paper manifesto on Association  Governance (part 1)

Dissecting the CAI white paper manifesto on Association  Governance (part 1)

A Little Less Corruption? Super Priority Liens!

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You all know how I despise HOA corruption. Actually, that’s superfluous. HOA and corruption are pretty much interchangeable. “You got corrupted?” “You got HOA’d?” See what I mean?

But a federal judge has just ruled that sticky-fingered lien-flingers can’t assume a superior position when trying to screw a homeowner and his mortgage company over some tiny violation of CC&Rs. The only problem is that without all those illicit profits, your HOA will just have to raise your dues. Or file lots more lawsuits.

Keep your grass trimmed! Don’t let an overnight guest park his car on your driveway! And by golly, don’t display the American flag!

A Victory for Servicers in Super-Priority Lien Fight

Important in California… & Elsewhere!

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 The 2013 Adams amicus curiae letter acknowledges that HOAs are mini-governments.

“As mini-governments, the state’s associations now lack clear policies for how boards participate in those elections, thereby making them vulnerable to litigation that ultimately is harmful to all association members. . . . A homeowners association is ‘a quasi-government
entity paralleling in almost every case the powers, duties, and responsibilities of a municipal government.’ (Cohen v. Kite Hill Community Assn. (1983).”

PLEASE READ, SEE ATTACHED, & CALL YOUR ASSEMBLY PERSON!!!
“NO!” on AB1799  The Floor Vote is Thursday/ CALL TO ACTION!
CAI – the Community Associations Institute – REALLY wants
AB1799 to get voted off the Assembly floor on Thursday.
Today it issued a CALL TO ACTION asking CAI members to
“fight the opponents of AB1799.
”Homeowners need to push back on this bill with their own
CALL TO ACTION! 

Why does CAI want this bill so much…?

Because the legislation would give boards the power to
decide (1) who can vote and (2) who can run for office and
(3) to cancel elections altogether.

CAI and the property managers (CACM) have “framed”
AB1799/Mayes as legislation that will save associations
money.

The two trade groups HIDE the fact that the bill
actually gives INCUMBENT boards total control over
elections.

This is like giving a city council or county supervisors –
or the California Legislature – the power to decide who
can vote and who can succeed them in office.

This is the THIRD ASSAULT that CAI and CACM have made on
the “Fairness and Integrity in HOA Elections Statutes”
(Civil Code §§5100 et seq. The other two assaults were in
20013 and 2014.)

Yes, CAI – the same organization whose lawyers fought the
Wittenberg decision all the way to the California Supreme
Court.

Homeowners will remember Wittenberg: this was the 2013
California Appeals Court ruling that associations SHALL
give dissenting homeowners equal access to association
media (newsletters, bulletin boards, website, dedicated
cable channel, etc) to present their opposing views.

In Wittenberg, the association wouldn’t even let the
homeowners RENT MEETING space to discuss their opinions.
[The election was later invalidated by the lower courts.]

CAI’s Adams Kessler and 20 other law firms – who are all
members of CAI — petitioned the California Supreme Court
to overturn the Wittenberg ruling. [The Supreme Court
refused.]

The Adams Kessler petition is posted on the CCHAL website
here:

http://www.calhomelaw.org/PDF/Adams%20Kessler%20petition%20to%20Sup%20Ct%20re%20Wittenberg.pdf
The letter signed by the 20 association law firms is
posted here: http://www.calhomelaw.org/doc.asp?id=1593
[Read the list to see if your association’s lawyers
signed the petition to overturn Wittenberg.]AB1799 is a bad bill. So says advocates for homeowner
rights:• the Rutgers Constitutional Law Center;
• the California Alliance for Retired Americans (CARA);
• the Center for California HOA Law (CCHAL.)

A homeowner’s RIGHT TO VOTE is created the moment s/he
buys an association home just as a new citizen acquires
voting rights the moment they’re sworn in as a new
American.

Don’t let CAI and CACM get this bill off the Assembly
floor.

CALL YOUR ASSEMBLY MEMBER AND URGE A ‘NO’ VOTE ON AB1799
WHEN IT IS VOTED ON THURSDAY ON THE ASSEMBLY FLOOR.

Don’t know who your Assembly Member is?

Go here to find out:

http://findyourrep.legislature.ca.gov/

PHONE THE SACRAMENTO OFFICE (NOT THE DISTRICT OFFICE) AND
IDENTIFY YOURSELF AS A VOTER IN THE DISTRICT AND URGE A
‘NO’ VOTE ON AB1799.

Beware, Beware, Beware!

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Condo owners in a Cleveland suburb are suing their condo board because it hid the fact that the building needed millions of dollars in repairs. Recent buyers were told nothing about the massive repairs needed to keep the building from collapsing. It’s just another reason why more and more millennials are learning to rent…not own.

(link to expose’ of yet another failed HOA)