Category Archives: Fraud

Finally, An Organization I Can Believe In!

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I’ve never been a big fan of the ACLU. Oh, I’ve interviewed ACLU officials a number of times in my career. They’re rarely the ones who say, “No comment!” And some of their battles I’ve certainly supported. Sadly, there are too many cases which I firmly believe that the ACLU won’t touch.

It’s a completely different story where the Institute for Justice (IJ.org) is concerned. They, too, are a civil rights organization but they seem to be more focused on housing, minority rights, and seeking out the kinds of justice that would help all of us, not just small minority interests.

Guest blogger Deborah Goonan sends this link to us:

http://ij.org/wa-lawyer-free-speech-release-2-20-15

Institute for Justice has a number of other great videos at:

IJ.org

You could and should spend an entire afternoon watching their videos and studying their interests. And then, as I’m doing now, write them a check. They’re doing some excellent work.

Insurance Nightmares: Of Interest To All Homeowners

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Feel free to send my web link to everyone you know. This story should go viral.

It’s hard to make long stories short, but I’ll try.

When my wife and I were out of state a number of years ago, a squirrel got into the house and did thousands of dollars worth of damage, chewing up the sofa, all the drapes, the carpets. I called State Farm and asked if I was covered. They said “no.” If an elk or a bear had gotten in your house you’d be covered because those are wild animals.

“Aren’t squirrels wild animals?”

“Nope, they’re rodents and there’s an exclusion in all home insurance policies for rodents.”

“What if a rabbit had gotten into the house?” I asked.

“They’re rodents and they’re excluded.” Wow, I thought I had them there because I knew that rabbits and hares aren’t rodents, they’re lagamorphs. Look it up. One way or another, I’m sure the insurance company would find a way to do its customary screw job.

I started studying the exclusions and discovered another few I didn’t know. (Yes, sometimes I’m deadly stupid). But flood damage is another tricky one. If a raindrop touches the ground before it enters your house it’s considered a flood and insurance companies have tricky ways to exclude flood damage. That also means if the corroded water line to your house breaks, the water hits the ground first, so you’re not covered. If the raindrop hits your house before coming inside, then the coverage is good.

BTW, so called Smart Meters are being installed in millions of homes across the country. They’ve exploded or melted, caused thousands of house fires in the U.S. and Canada and…you might have guessed it… Smart Meters aren’t UL listed, therefore insurance policies automatically exclude any fire damage that comes from a non-UL listed device. Smart meters have also blown out entire kitchens full of appliances. Again, no coverage.

While we’re speaking of damage and insurance companies, let me refer you to another interesting story that broke last week. I won’t try to prejudice you with my thoughts…. I’ll just send you to the link.

(insurance issues in Hurricane Sandy)

 

Great Proposed HOA Bill In Colorado

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Guest blog by Stan Hrincevich

SB 15-177 concerns proposed construction defects litigation in Colorado. No Bill is perfect and in the world of HOA homeowners’ rights we seize the moment for any reform especially when it reins in the influence of HOA lawyers, property managers, and abusive Boards. This Bill would require HOA homeowners to approve the use of HOA funds in litigation.

Homeowners would have to be apprised of any intended litigation, informed on the substance and estimated costs, the consequences of unsuccessful litigation such as special assessments, and how the lawsuit is to be financed. A majority vote would be required to use HOA funds. HOAs can still bring legal action for construction defects and individuals can still pursue legal action using their own funds.

The Community Associations Institute (CAI) and HOA lawyers hate this Bill as it reins in their mostly open and easy access to HOA funds for litigation by requiring homeowners to first approve of such action. This can save large amounts of money for homeowners and safeguard reserve funds that can now be used for lawsuits. The CAI’s latest and weak argument on this Bill contends a Board would require a homeowner to vote for legal counsel on everyday, routine matters but no such verbiage is in the Bill and this is called desperation. See the article below for more information.

Please take a few minutes to write your legislator asking them to support SB 15-177. If the content of the Bill changes to lose our support we will let you know. Your email does help and helps home owners. Get involved!

CAI Threatened If Homeowners Are Empowered

(article from HOAforum.org)

The Community Associations Institute (CAI), long incorrectly identified as a homeowner-centric organization in the press and by State legislators, is again attacking the idea of HOA homeowners’ rights. The CAI represents the interests of property managers and HOA lawyers and not homeowners. This time they are objecting to a provision in proposed Colorado SB 15-177 (construction defects) that requires HOA homeowners to approve the use of HOA funds in litigation. Why the opposition? The CAI and HOA lawyers view the HOA as a profit center and easy money. Empowering homeowners on how their funds are used considered disruptive and meddling.

Too often HOA lawyers raid HOA bank accounts for legal fees and costly legal cases that should never have been litigated. That leaves homeowners with depleted reserve funds, special assessments to pay legal costs, and/or increases in HOA dues to replenish reserve funds. HOA Boards can currently enter into litigation without apprising homeowners of their intent, the cost and consequences of litigation or how they intend to finance legal fees. Boards can incur unlimited legal expenses and even take out debt instruments to pay legal fees. Home owners in too many cases only know of the financial consequences after the case has been litigated and they are stuck with the bill. This Bill simply reins in the authority of an HOA Board (that is highly influenced by HOA lawyers and property managers) in making decisions on litigation that can have significant if not catastrophic financial impact.

SB 15-177 would not preclude legal action but require a majority of home owners to approve litigation. This would mitigate the number of law suits and the abusive practice of an HOA Board suing on behalf of a very few (as few as two) vs. the community at large. More cases would be handled in the less expensive legal venue of arbitration thus saving HOAs significant sums of money. Home owners could still pursue individual actions using their own funds.

The CAI is fabricating a tall tale in contending that any legal fees paid to an HOA lawyer related to routine advice and counsel would take a majority vote of home owners. This Bill doesn’t get involved in regulating or interfering with the operations and daily functions of the HOA. Legal counsel on enforcing covenants, controls, restrictions, and debt collection or other issues involving common and routine HOA issues would not require a majority vote of homeowners. It’s just not in this Bill. Payment of routine legal counsel doesn’t require a lawsuit today nor would it under this Bill. This Bill is directed at legal cases filed in a court of law that are specific, unique, non-recurring and financially impacting. The CAI is embarrassing itself by claiming that any payment to an HOA lawyer would have to be voted upon. Obviously, the CAI is desperate to kill this bill.

The winner in this Bill will be homeowners in HOA community associations, not the Community Association Institute. Homeowners will now have more control over how HOA assets are used. They will still retain the right to litigate construction defects. This Bill does not impair the ability of any HOA Board to govern but contributes to open governance.

 

HOA Battle in Britain

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I thought Brits were supposed to be more polite than Americans. At least the Brits think they are. But Homeowner Associations are endemic around the world. And nasty neighbors can be found anywhere.

But here’s a great nomination for the Neighbors from Hell category from LA Times columnist Donie Vanitzian. It involves a neighborhood battle that’s been going on for forty years in a borough in Tyne and Wear in the northeast corner of England. 89 year old John Bushell has been jailed and fined multiple times over the years because of the unbelievable harassment of his neighbors. Bushell spends a lot of time perfecting his house and garden. But he thinks his neighbors don’t keep up their homes to his standards.

Bushell has diverted his gutters to flood his neighbors’ yards. He has painted the walls facing his neighbors black. He has threatened multiple times to shoot his neighbors and burn down their homes.

Forty years this has been going on! Crazy.

(link to Daily Mail column on the Bushell madness)

 

Another Crude One from Comcast

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Being a customer of Comcast is mandated in Homeowners Associations across America. HOA boards and managers make backroom deals to allow only one company to service customers. Setting up a monopoly with utiltities supposedly saves money for homeowners. But money isn’t as big a problem as the quality of service.

Obviously, not all customers are satisfied with Comcast customer service. But for the second time in two weeks we hear of the ‘special’ way some customers are treated by the company’s billing department.

(link to story on mary super-b1tch bauer)