The blog linked below is from the Huffington Post. It’s lengthy but is well worth reading. The author was doing mission work in Nicaragua helping destitute families improve their homes and villages. But upon returning home she was greeted with threats of fines and lawsuits over mildew in her driveway! It’s beyond appalling.
And how does one stop a bully?
Here’s a short, direct answer, not from me but from Alexander Hamilton:
“If there is no penalty [for] disobedience, the resolutions or commands which pretend to be laws will, in fact, amount to nothing more than advice or recommendation.” (Alexander Hamilton, Federalist #15)
Proposed HOA reforms must include necessary and sufficient detriments to put an end to HOA bullying and abuse. People do not become angels when they become a board member, like our astute, politically savvy legislatures would like you to believe.
“If angels were to govern men, neither external nor internal controls on government would be necessary.” James Madison, The Federalist papers, # 51.
“CIDS [HOAs] currently engage in many activities that would be prohibited if they were viewed by the courts as the equivalent of local governments.” … Privatopia, Evan McKenzie(1964).
Much of HOA legislation does not contain external enforcement provisions, such as an outright “null and void” statement, but rely on the goodwill of upstanding citizens and officers of the court to do what is right as intended by the reform legislation. Well, we know that that is a vast delusion. We see HOA attorneys seeking loopholes in statutes, bring up vague and unsupportable questions of law, etc. to intimidate homeowners into not taking action or else pay through the nose. All those words and clauses that the attorneys seem to find vague and unclear and seek civil action to clarify their meanings.
No, stop the bullying by imposing civil penalties on those who do not serve good public policy to make better communities, rather than to stuff their pockets. Like special taxing districts, civil penalties abound in the laws of all states. I prefer misdemeanor charges to make the message clear.
Why hasn’t Hollywood jumped on the uncontrollable embezzling that happens in Homeowners Associations across America? Some astute member of the Writers’ Guild could come up with a great screenplay. The reason it hasn’t been done is that the plot would just be too unbelievable.
If you know a good writer, tell him to look at the current story in the Bear Reserve Homeowners Association in Eustis, Florida. The cops have just busted a couple of developers who became board members on this HOA. The pair are accused of embezzling 1.5 million dollars and moving it to shell corporations. How the heck didn’t homeowners discover many years ago that they were being ripped off?
Always remember that embezzled money is rarely returned, which means a special assessment against all HOA property owners. That’s part of what makes HOA embezzling such a horrific crime.
If your board refuses to give you an accounting of all HOA funds spent, if you get delayed, harassed or ignored for making such a request, then you, my dear friend, may rightly assume that your HOA money is being embezzled. Just assume it! It’s going on everywhere.
I just finished a three day seminar with an authors’ group in Denver. This is the group, in fact, which pushed me to take a manuscript in its rough form and turn it into a controversial book called, “Neighbors At War: The Creepy Case Against Your Homeowners Association,” and actually get the thing into print. For your future reference the group is called AuthorU, run by taskmaster Judith Briles. The past few days we probably had about 170 authors being trained in the use of social media, editing, publishing, and honing their upcoming book projects.
In any event, I am running late in getting my blog posts done. Many in my authors’ group know about my passion in trying to join the movement to straighten out the national HOA scam which is impoverishing tens of thousands, possibly even hundreds of thousands of innocent American homeowners.
I can’t count the number of authors who approached me over the past few days and told me about their own HOA miseries. One fellow who’s actually a lawyer is being fined for trying to rebuild a fence that his HOA should have repaired more than a month ago. His HOA president told him he was in violation of the covenants because he didn’t get permission to repair the fence. And his HOA president has been soaking the neighborhood by charging them for his costly vacations and the board’s wild off-site parties.
Another person told me her mother was being fined and threatened with a lawsuit over some incredibly minor infraction. Ah yes, her mom asked to see the HOA balance sheet because she was afraid a massive amount of money had been embezzled. That’s what kicked off all the harassment. How dare these stupid homeowners demand fiscal responsibility from their boards and HOA managers?
Another guy said he moved into a neighborhood where there was no HOA. But while he was building his house a fellow came by and said he was the president of the HOA. And he handed my friend a letter supposedly from the HOA attorney demanding that the man halt construction on his house. He claimed the garage was a foot too wide and was insisting the entire garage be torn down. Believe me, you just can’t make these things up.
There’s not a day that goes by when I don’t learn of new horrors committed.
It’s all so tragic.
For several years, now, I’ve been predicting that the goons who run many of the nation’s Homeowners Associations would begin using drones to spy on neighbors to spot violations of the neighborhood covenants. If these people are capable of embezzling millions of dollars, would they not be capable of incredible invasions of privacy?
Now, with camera-bearing drones available for less than a thousand bucks, there’s no doubt they’ll soon be in the skies and peeking at activities in your backyard.
HOAs are private non-profit corporations and despite their apparent presence as governmental agencies, they are not. They are private investment clubs. When you buy into an HOA you’re not buying a home. You’re buying shares of stock. You own a percentage of each of your neighbors’ homes. All your neighbors own a share of your home. That’s what gives an HOA the power to regulate and control your activities as a resident. It also puts the Homeowners Association outside the control of the U.S. Constitution’s Bill of Rights.
If you think you have a right to privacy, you’re wrong.
If you think you have a right to consider your home, your papers as your private belongings not under the control of ‘government,’ you’re wrong.
If you think you have a right to own a weapon under the protections of the Second Amendment, you’re wrong.
As funny as the story linked below seems, there’s a reason to be dismayed. Spy drones are being used for private purposes. And sooner or later there’ll be one over your house.
(link to drones used by pot thieves)
Footnote: I once spent a day in a DEA plane looking for marijuana crops in the Rocky Mountains. Believe me, pot plants are slightly warmer than most surrounding vegetation. Through an infra-red camera they stand out like a sore thumb. You can’t even hide a single pot plant in a 100 acre cornfield.
