Category Archives: Free Speech

HOA Trouble In Colorado

      4 Comments on HOA Trouble In Colorado
guest blog by Stan Hrincevich   (coloradohoaforum.com)

Colorado Springs Town Hall Meeting: let us know how you can help get the word out about this meeting on Feb 13: contact legislators, post flyer at your HOA, local media, etc.

Construction Defects Legislation: here we go again with the Denver Post exclusively contacting the Community Associations Institute (CAI) to represent homeowners’ interests in how homeowners’ money is used in litigation. Below is our letter to the editor of the Denver Post and copied to legislators:

“The Denver Post again allows those making millions of dollars from HOA Construction Defects (CD) litigation to represent the voice and rights of homeowners and distort the debate in CD legislation reform. No input is accepted from any recognized homeowner’s organizations. Once again, the only point person on homeowner’s rights is none other than the Community Associations Institute (CAI). The CAI represents the interests of property managers and HOA lawyers, NOT HOMEOWNERS! If CD legislation is ever be explained in a truthful, balanced, and productive manner it must first get by the pervasive CAI smoke screen.

First, almost all HOAs created in the past 15 years mandate in their Declaration that arbitration must be used in CD dispute resolution. Of the 8,500+ HOAs in the State most are beyond the statute of limitations and cannot sue. As a percentage or relative number of all HOAs, those that changed their Declaration (at the encouragement of HOA lawyers) is very, very small. Thus, precluding HOAs from changing their declaration and infringing upon homeowner’s rights is a weak argument. Furthermore, a recent Colorado court case has ruled HOAs can be prevented from changing their Declaration. The CAI would have the public believe the inability to change the Declaration will have a profound impact on homeowners’ rights but the reality is that it would mostly impact the ability of HOA lawyers to promote litigation in our costly court system.

The other issue involves requiring homeowners to vote on the approval of the use of their own funds in CD litigation. Currently, any HOA Board at the encouragement of their attorney can spend unlimited HOA funds on litigation without the knowledge or approval of homeowners. The CAI opposes this empowerment of homeowners as it would effectively reduce litigation.

We at the Colorado HOA Forum offer the following CD legislative proposal to mitigate litigation and empower homeowners: “HOA homeowners are required to be apprised of and vote on the use of HOA funds in all litigation.” Why is this so difficult?”

 

Impact of Embezzlement in an Emergency!

      4 Comments on Impact of Embezzlement in an Emergency!

OK, the biggest reason for a Homeowners Association is to protect property values. Right? Well, let’s visit another of hundreds of thousands of parallel cases around the country. This one involves the Big Wood Springs HOA in Winnsboro, Texas.

I’ve lived in Texas, El Paso and San Antonio, and even as a kid I knew how powerful some of those winter and spring storms could be.

Members of this HOA were trapped when a December storm damaged the only bridge that separates them from the rest of the world. They need tens of thousands of dollars to repair the bridge along with a number of HOA roads which were damaged by the rains. Emergency vehicles can’t reach them, visiting nurses can’t reach elderly homeowners. Government agencies can’t help out because the damaged bridge is on private property. It’s illegal to use state funds to improve or repair privately-owned structures.

The problem is that the former HOA treasurer was recently arrested for embezzling 60 to 80 thousand dollars from the neighborhood’s budget. Now, there’s no money left for the emergency repairs.

Who’d have thought? Who’d have thought that an embezzler could cause an emergency that would risk the lives of an entire community?

What are your property values now, Big Wood Springs?

(link to KLTV report on HOA embezzlement)

 

Suck ’em in with Humor!

      1 Comment on Suck ’em in with Humor!

We haven’t talked about this enough, but one thing our ‘righteous anger movement’ needs is a little more humor. Humor and phone pranks are also a clue that what’s going on in the national HOA scam is finally getting out to the masses. Comedian Roy Wood, Jr. had a very funny one a few years ago, though it was a little too profane for me to want to link.

Of course, the Duck Dynasty HOA fight was priceless.

But the phone prank linked below is amazing!

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

      1 Comment on 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)

 

 

One of Illinois’ Finest

      No Comments on 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)