Jeff German of the Las Vegas Review Journal is one of the few who’s done ongoing stellar work in reporting on the massive Nevada HOA scandal. If there are still any skeptics in America who think I’ve been exaggerating about the American HOA Movement being rife with old fashioned organized crime, then please follow German’s reporting.
Here’s his latest:
original source:
Yes, indeed, certain Homeowners Associations are actually doing unannounced mandatory inspections for hoarding. Among the items not to be hoarded are books! Scary, isn’t it?
I have to make a confession here. I hoard books. I still own just about every book I ever read. None are piled on the floor, but my shelves are packed. Somehow, I just thought my grandkids might someday wonder how their old grandpa got the nutty ideas in his head for some of the directions in life he took.
My mother was a wise old bird. She had a ‘secret compartment’ on her shelves that held some books my brothers and I were forbidden from reading. Of course, as soon as I discovered the ‘secret section’ I made a good inventory and went back as often as I dared. So at the age of ten, I started making my way through a number of naughty writers like Ayn Rand, Gore Vidal, D.H. Lawrence and Aldous Huxley. I don’t remember many turned down pages, but I do remember that Ape And Essence was kind of titillating,
Among the forbidden books were some by James Madison and Charles Dickens. Ah yes, there was also a book called Fahrenheit 451.
It was about people who hoard such things as books. And the local HOA squad goes out and torches the illegal collections.
In my forty year career as a news reporter, I’ve walked into hundreds, perhaps even thousands of homes. Some were clean. Some were not. But in all those years I never saw anyone’s book collection that should have been confiscated.
Hoarding is a problem. But isn’t it the wildest form of arrogance for a private non-profit corporation known as a Homeowners Association to do surprise inspections and make random decisions about what is and isn’t ‘hoarding’? I don’t like mice. Or termites. But just keep your hands off my books!
These words were once penned by one of the mightiest men in our movement. Understand, of course, there are still miles to go before we sleep. But read, Dear Friend, and take heart.
In the beginning
There was the land,
And the land was good
And the people were happy.
Soon upon the land
Came the moneychangers
In the guise of builders
Of the community.
And the moneychangers said
Behold, the covenants, conditions and restrictions
Were sacred and holy works,
And the people shall flourish and prosper.
And the legislature looked upon these CC&Rs
And said they were sacred and holy,
And that land values shall multiply ten-fold,
And the people shall flourish and prosper.
But the moneychangers were not content,
Seeking laws that forced the people
Against their judgment and wishes
Into mandated planned communities.
Soon, the multitude became angry at their plight,
Yet the moneychangers and legislature
Cast the people into involuntary servitudes
With continued tithes while disputes went unresolved.
The child-like people, seeking paradise
on earth and the gates of heaven,
Were not permitted audiences
With the magistrates.
And so the multitude suffered
A long and terrible time,
Praying for a savior one day
To deliver them from their existence.
One sect sought the accommodation
With the ruling powers and moneychangers.
Another sought a cleansing
Of an unworkable oppression upon the people.
Those seeking accommodation held fast to their desires
To see their fortunes on earth multiply ten-fold,
And that all such plans were good and just,
For the land values increased for all the community.
But many saw the desecration of the beliefs, values and ideals
Of the founders of the Great Nation that covered the land,
Saying behold the society that thou hast created,
Where Me First has replaced Love Thy Neighbor.
A babble of communities arose
By the followers of the moneychangers,
With beliefs, values and ideals of the Old Ways,
Once rejected by the Founders of the Great Nation.
Woe unto the followers of the moneychangers
For the sins of the fathers shall be cast upon the sons.
Repent now and restore the beliefs, values and ideals
Of the Great Nation and make the land good once again.
Wow, it looks like Jonathan Friedrich (the best friend a Nevada Homeowner ever had) has been busy since his appointment to the state Comittee which oversees Homeowners Associations.
I include his proposed Bill of Rights below just because it deserves to to be talked about. My only objection is, “We have these rights already! Somebody just found a way to take them away by fiat! All we need is a frickin’ rule that says Homeowners Associations are ALL government agencies and can not organize as private non-profit corprorations. THAT’S ALL!
Anyway, here are the thoughts of a real gentleman:
PROPOSED HOMEOWNERS BILL OF RIGHTS
PREAMBLE
WHEREAS: This State has fostered, permitted, and mandated the widespread usage of Homeowners Associations and:
WHEREAS: This State has caused to be enacted State Statutes governing Homeowner Associations, Condominium Associations and Hotel Condominium Associations:
WHEREAS: Over time Statutes have been enacted that are abusive and unfair to Homeowners, while empowering and enriching Property Managers, Attorneys and Collection Companies, Lobbyists and others associated with the HOA Industry:
WHEREAS: There have been widespread abuses by HOA Boards governing these Associations, to wit:
People’s Constitutional rights have been abused or taken away
Financial abuses and theft of Association funds have taken place
Homeowners threatened with steep fines, legal fees, and foreclosure for petty infractions or falsely-alleged violations
Boards are not following their own Rules and Regulations, and have selectively enforced and inconsistently applied rules
Out-of-control boards have been forcing their will upon others
Boards are not willing to uphold the Open Meeting law, but face no consequences for failing to do so
Boards are not being Transparent in their actions and in their use of financial resources and withhold information from homeowners
Boards are not accountable because homeowners are not organized; Homeowners’ votes are diluted allowing Board members to re-elect themselves over and over
Homeowners wishing to challenge unfair Board actions must pay for legal fees out of their own pockets, while Boards have a bottomless “war chest” to draw from, which is then charged to all of the Homeowners
Furthermore, others charged with managing or overseeing the justice and fairness of Homeowner’s Associations have failed to perform their duties on behalf of Homeowners, or are not well-versed in the Statutes or proper procedures and are more favorably disposed towards Boards, Property Managers, and their Attorneys which include;
THEREFORE: Now let a HOMEOWNERS BILL OF RIGHTS be enacted to protect Homeowners from incompetent or abusive Boards and abusive State laws
Page1
a)120 days after notice of approval of a Special Assessment to make one payment if $750.00 or under.
b) Any amount over $750.00 shall not be required to be made in no fewer than 3 equal payments, with the first payment due no less than 120 days after notice of approval of the Special Assessment with no less than 60 days between payments.
c) Any amount over $1,500.00 shall not be required to be made in no
fewer than 4 equal payments, with the first payment due no less than
120 days after notice of approval of the of a Special Assessment, and
with no less than 60 days between payments.
d) Any amount over $2,000.00 shall be made in no fewer than 6 equal
payments, with the first payment no earlier than 120 days after notice
of the approval of the Special Assessment with no less than 60 days
between payments.
e)Any amount over $3000.00 shall be made in equal installments not
to exceed $500.00 per installment, with the first payment due no earlier
than 120 days after notice of approval of the Special Assessment, and
thereafter, with no less than 60 days between payments.
person or by use of a Videotape, CD or DVD (at option of the buyer)
with a copy of the summary or the video given to the buyer prior to the
sale of the home, condominium or property. Moreover, a complete copy
of the Governing Documents may be issued upon request, in Paper
format, CD or DVD, to each buyer.
documents relating to pending or current litigation, for which a Protective
Order has been issued by a Court of Competent jurisdiction or by a
duly appointed Arbitrator. All legal documents so withheld must
be released upon request at the conclusion of the litigation and without
charge.
page 3
For any Homeowner with any unpaid fine(s), delinquent or unpaid assessment(s), or unpaid fee(s), a statement must be mailed via certified mail, with return receipt to that Homeowner’s mailing address of record at least every 60 days. (The costs of mailing may be charged to the Homeowner’s account). Failure to mail a statement by the 70th day will void all fines and interest imposed by the Association.
a) Any Board member, Property Manager, or Executive Director who
has committed Three (3) infractions within any Two-year period, measured from the date of first filing with the Ombudsman’s Office, and having been found guilty of infractions of either the Governing Documents or of State Statutes or Codes that govern Common Interest Communities, shall pay an additional fine in the sum of not less than Two Thousand Five Hundred Dollars ($2,500.00) to the Office of the Ombudsman. In the case where a Board Member, Property Manager or Executive Director has committed willful Violations, a breach of any fiduciary duty, or acted with malice or gross negligence of their duties, they shall be personally liable to pay the fines and shall not be defended, reimbursed, or indemnified from or by the Association, or the Association’s insurance carrier. Upon such finding, the Board Member, Property Manager or Executive Director must reimburse to the HOA or insurance carrier all costs of his or her defense.
b) The Ombudsman’s office shall award costs and reasonable attorney’s
fees to any prevailing Homeowner.
c) The Ombudsman’s office may not assess attorney’s fees or costs
against a Homeowner in favor of a Board or Property Manager unless the
Ombudsman reasonably finds that the Homeowner brought the claim in
bad faith and was motivated by an improper or vexatious purpose.
page 4
9. No Homeowner’s Association shall change their CC&Rs unless 85% of
the Owners in the Association vote in favor thereof by written ballot.
No declarant shall be allowed to unilaterally change or amend CC&Rs
after the first home or lot is sold. At the time when the required number of
homes or lots are sold and the declarant turns over control to the
homeowners it shall then require 85% of the then-owners to affirm by
written ballot any changes to the Governing Documents.
10. Full Disclosure with free debate shall be required on all matters
concerning the Budget, Reserve Studies Repair & Replacement of all the
Association’s infrastructure components. Results shall be published either
in the Association’s next newsletter or copy of the minutes of the meeting,
either in electronic format or paper format at the discretion of the
Homeowner, Prior to the Board’s Vote on the issue before them.
11. Any document requested by an Association member shall be turned over
to that member without charge in either paper format or by e-mail at the
option of the Association Member.
12. All members shall receive a copy of the previous year’s Financial Audit / Statement at the annual Homeowners Meeting or, if not in attendance, any homeowner may request a copy be sent by either U.S. Mail, by e-mail, or to be picked up at the on-site administrative office or designated common area facility (e.g., office or clubhouse).
13. No homeowner shall be denied access to or prevented from reviewing all
Bank Statements, Bills Paid and Unpaid, Invoices, Quotes, Estimates, Contracts, both Past and Current, and Attorney/Legal Invoices, during normal business hours at the office of the Property Manager or Community Administrative Office. No charge shall be made for any Homeowner, or his or her representative to review these documents.
Page 5
14. A Term Limit shall be imposed for Associations with more than Fifty (50)
units: No Director or Officer of a Homeowners Association shall serve
more than Two (2) consecutive two – year terms in the capacity as a
Director, President , Officer or Board Member. A period of Six (6) years
must elapse before a former Director, President, Officer or Board
Member shall be allowed to again serve in office in the same Association
or Sub Association.
15. Decisions of the Board of Directors shall be based on all the facts available,
or such facts as should be known upon reasonably diligent inquiry, and under the Business Judgment Rule. When considering Budgets, Reports dealing with Construction Defects, Infrastructure repairs or replacement, Equipment repairs or replacement, Reserve Studies, and Reserve Assessments, a Board must have thoroughly reviewed and analyzed any bid, report, and/or study prepared by a Professional knowledgeable in the area under consideration prior to adopting or ratifying it. In light of the Board’s fiduciary duties to Homeowners, wasteful, redundant, and excessive expenditures should be avoided. While the lowest-cost approach is not always required, the Board should seek foremost the “best value” for the homeowner’s and give due consideration to the financial hardships which might be imposed on homeowners, to be balanced against the beneficial effects of the expenditure on homeowners.
16. The State of Nevada must ensure that all Association Board Members
honor the State and Federal Constitutions, which guarantee
“equal protection and due process” to its Citizens. The State of Nevada
has a duty to ensure that each Common Interest Community adhere
to the law.
17. This HOMEOWNER’S BILL OF RIGHTS shall supersede any conflicting
or inconsistent provision of State Statutes or Homeowner’s Association
Governing Documents.
By _________________________ Dated this 1st day of July 2008
JONATHAN FRIEDRICH
My comments, Jonathan: the lawyers will savage you. CAI will slime you, you’ll soon fine that it’s impossible to keep all your tires inflated (the nails will just pop up at the most inconvenient times. There might even be a death warrant out for you by some of the dozens of Las Vegas Crooks who are on their way to prison because of their own graft and corruption. Keep you head down and your powder dry! But don’t stop what you’re doing.
Ward
Egads, I get my dander up at stories like this: HOA employees impersonating police officers.
Well, the Illinois Supreme Court in its infinite wisdom recently ruled that an untrained HOA security guard could use police powers against a resident, flashing lights, siren, physical detention and a demand for a check written out to the local HOA.
Now, let’s move to Georgia where the “good ol’ boys” live. Give that man a siren and a gun and he’ll soon be in close contact with every attractive woman in the neighborhood.
I really don’t want to pick on Georgia, in particular. But I once lived there and in my testosterone-soaked youth would have loved to have had the power to pull over and chat with certain female motorists. I also knew some good ol’ Georgia boys who I wouldn’t have trusted with my family dog.
But in the St. Marlo Country Club Homeowners Association, a gated community of course, HOA employees are using radar guns, sirens, badges, and staking out stop signs. These ‘brats’ then waddle up to the motorist’s door and ask to see driver’s license and insurance.
THEY’RE NOT REAL COPS!
They don’t know the first thing about Miranda and Escobedo, and about illegal force, and warrantless search, and any of the other fine points of that annoying document some of us refer to as the U.S. Constitution.
Jodie Fleischer of Action 2 News in Forsyth County, Georgia did the report linked below.
But, Dear God, when will the madness stop? WHEN?
(original source)
http://www.wsbtv.com/news/news/local/do-security-guards-issuing-traffic-tickets-overste/nXXbD/
