Category Archives: Foreclosures

Way To Go, Indiana!!!

Yes, there’s good news here and there on the HOA front. Is Indiana the first state to take any intensive steps toward ending the HOA madness?  It’s beyond imagination to think that all fifty states aren’t considering cracking down on bully boards and lawn Nazis. Abuse of power is a vicious thing to have to endure. You wouldn’t believe the numbers of people who log onto this website and send me personal emails describing their own torment.

But look at some of the legislation either proposed or passed in Indiana. Maybe those Indy 500 rednecks aren’t going to take this HOA nonsense sitting down!

(link to sweeping changes of HOA law)

(HOAs boards must be transparent. Imagine that!)

(link to protection for families against HOAs)

 

 

Outrageous! Shutting Down Heat to the Whole HOA???

 guest blog by Deborah Goonan, (Independent American Communities)

Another week, another outrageously unbelievable story involving a condo association. This one is in Aurora, Colorado.

Not long ago, I told you about a condo association in Ohio that has not repaired their central heating system for many months. Today I am sharing a video report from Fox 31 Denver, about Cedar Crest Condominiums. Residents – many of them tenants – have been without central heat since late October.

Rob Low of Fox 31 reports that residents are using space heaters and their ovens in order to heat their apartments.

Obviously, when the temperatures dip as low at 10 degrees Fahrenheit, that isn’t enough to provide a safe, comfortable living environment. Then there’s the fire hazard, of course, something that isn’t mentioned in the news report.

An interview with the condo association president, Judith Lorraine, explains the reason for delay in repairing the heating system — there’s no money.

Lorraine said the first bid to fix the pipes was $120,000 dollars. But she said getting the various owners to cough up a special assessment of $2,600 dollars for each of the 47 units met with a chilly reception, “We have owners that own the biggest part of the building that refuse to do that. They say they`ll pay their share when they sell in 10 or 20 years and that doesn`t help us today. We need the money today.”

You can read the transcript and watch the video here: 

http://kdvr.com/2015/12/31/2-months-with-no-heat-at-aurora-condo-problem-solvers/

But…doesn’t the City of Aurora enforce building codes?

Now, you may ask a reasonable question: where does the City of Aurora stand on this issue? Well, according to the report, city officials are giving condo owners a 30-day warning, hoping they’ll get it together and do the right thing.

In other words, the city is exhibiting weak leadership, attempting to avoid strong enforcement of building codes, and basically allowing irresponsible condo owners to get away with collecting rent on unheated apartments.

Apparently City officials are more concerned about offending taxpaying condo owner-investors – even if they are not responsible landlords – than protecting the rights of owner-occupants and tenants.

Even more outrageous, Aurora goes out of its way to promote even more condo construction

Yes, Aurora is encouraging developers to build even more condos.

Over and over again, I share with you stories of the inevitable chaos and dysfunction, and the suffering thrust upon residents, not just in Colorado, but all over the US.

There are countless examples of Association-Governed Residential Communities where it’s clear that common ownership under corporate governance structure does not work. It breeds internal conflict and enables investor-landlord interests to violate the rights of owner-occupants and tenants.

Corporate association interests under developer control also shield condo builders from liability for shoddy construction.

But, as you might recall from earlier blogs, Aurora is one of several major Colorado cities to pass a local ordinace making it more difficult for condo owners to hold developers accountable for construction defects.

Makes you want to run right out and purchase or lease a condo, doesn’t it?

Or…maybe not.

Important HOA Free Speech Decision! Print it out, and SAVE!

A few days ago I linked to the Mel Pittel case in the Meadow Creek Homeowners Association in a suburb of Minneapolis. Several years ago, Mel became suspicious of odd expenditures by his HOA board, and he got himself elected to the board. He also published a frequent blog about his HOA. The HOA, along with a powerful board member who owned a number of rental units there, not only refused to seat Mel on the board, but sued him over his website. A judge issued a gag order prohibiting Mel’s use of the Meadow Creek name on his blog.

Well, on appeal a fascinating decision was issued in Minnesota that overturned the illegal muzzle placed on Mel Pittel. It quoted a landmark 1931 free press decision by the U.S. Supreme Court that few people even know about. A newspaper article is linked down below.

But first, let’s discuss our Homeowners Rights movement. Government leaders of all kinds hate the First Amendment to the Constitution. Once in power, politicians hate to be criticized. They think they’ve earned their power and they despise the fact that in our Constitutional Republic the common people have power to speak out and object. From Bush, to Clinton, to GW Bush, to Obama, every President has tried to stifle speech. Abuse of the First Amendment is non-partisan. And that kind of corruption flows from the very top of government to the tiniest HOA quasi-government. That kind of corruption is deeply ingrained in ALL the current candidates for President.

At the local level HOA boards across the country use a variety of ways to stifle honest criticism. They fine, lien, sue and seize property of miscreants. They shut down free speech in HOA neighborhoods. They resort to neighborhood ‘shaming’ of anyone who questions or stands up against bully boards and the lawn Nazis.

You and I have an absolute moral obligation to stand up and demand that all politicians from every level of government leave our First Amendment alone. In all the world, our First Amendment is unique. The right to criticize is what keeps us free.

In the link below, pay special attention to the last few paragraphs.  In fact, read them first before you study the rest of the article!

God Bless the First Amendment! And you!

(link to Minneapolis Star Tribune story)

 

 

More & More Lawyers on the Homeowners’ Side!

Homeowners are gradually finding more lawyers willing to represent them against bully HOA boards. That’s great news. Along that line, a Florida law firm is aggressively advertising that it will take up cases of wronged homeowners. Their online ad is pretty good. We need at least one law firm like this in every state.

(link to Denmon & Denmon HOA ad)

 

 

One of Illinois’ Finest

Ever wonder who helped write HOA and Condo law?  Here’s one of them. Just a fine, fine man.

(link to Illinois condo king, Dr. Donnie Rudd)

(more on Rudd’s HOA background)