Category Archives: HOA Issues

HOA Racism Remains

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In my book, Neighbors At War, I delve deeply into this nation’s history of the enforcement of racially restrictive covenants in millions of property deeds across the country. Yes, we’ve made a ton of progress in the last five decades in wiping out housing discrimination. But in little spots around the country the old mindset remains. Every time I see one of these stories pop up I consider it a national shame that a few people still live in the racist past.

A black man in Texas is in court trying to rent a home in an all-white property owners association. A covenant in the Clearwater Bay POA mandated that homeowners never rent or sell to “anyone of African descent.”

As I write these words I’m looking at an amazing anthropology article in the current issue of National Geographic. The article is about the recent discovery of a new species of bi-pedal hominid in a cave near Johannesburg, South Africa.  No matter what your religious or political beliefs are, every human being on the face of this planet is “of African descent.” The black man in that Texas POA should hire a few expert witness anthropologists for his federal discrimination case. They’ll be able to prove in court that not a single member of that Association qualifies for home ownership under its own covenants.

We are all black. And yes, black lives matter.

(link to KSLA story on Texas discrimination case)

(link to National Geographic story on Homo naledi, a new species on the human family tree)

 

 

 

Here Come The Special Assessments!

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guest blog by Deborah Goonan

When buyers consider a condominium association, they are often sold on a “carefree, maintenance free” lifestyle. There are promises that someone else will take care of the landscape, cleaning the sidewalks and parking lots, and most exterior maintenance. It can be very enticing for busy professionals or retirees who don’t have the time or inclination to do the work themselves.

But the reality is that, when you buy into a Association-Governed Residential Community, you are actually purchasing shares in a corporation. And the truth is, all too often that corporation does not perform optimally. There are no guarantees that the developer or owner controlled Association board will operate with efficiency or fairness. Even with the best of intentions, mistakes happen. And sometimes the Board neglects its duties.

Even with a management company, the landscape maintenance might not be done consistently. Traffic signs might be installed incorrectly. That was the case at Villas on the Green Condominium Association, managed by M.M.I. of Palm Beach, FL.

A preventable accident

In 2011, overgrown hedges and a misplaced stop sign obscured visibility for a resident backing out of her driveway. Unfortunately, she did not see 9-year-old Andrew Connor Curtis riding his bicycle on the sidewalk. The result was the untimely death of young Andrew.

The parents of Andrew sued the driver of the vehicle, Villas on the Green Condo Association, and M.M.I. of Palm Beach (the management company), resulting in a $12 million award, 90% of which is payable by the condo association and the management company. The court ruled, and an appellate court upheld, that, as a result of the Condo Association’s and Management Company’s failure to properly maintain visibility at the end of a driveway and roadway intersection, two parents lost their child.

Added risk for HOA and condo owners

Had this accident occurred outside of an Association-Governed Residential Community, only the driver of the vehicle would have been brought to court. Of course, the owner probably would have kept the hedges trimmed to begin with. The municipality would have properly installed the stop sign.

But because the Condo Association is a corporation, it can sue and be sued for various reasons. Even if the condo association is adequately insured against this kind of loss (not all Associations are), future insurance premiums will significantly increase. Every condo owner will pay for this lawsuit, just as they have paid for inadequate maintenance that led to a tragic accident in the first place.

Owners have very little control over these unpredictable liabilities – which they automatically share – yet another hidden cost of owning property in a homeowners, condominium, or cooperative association.

Appeals Court Upholds $12 Million Award in Wrongful Death Lawsuit

http://independentamericancommunities.com/

 

The American Flag is Offensive!

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We’ve seen this over and over again. But keep in mind that when patriotism is banned we’ve reached the beginning of the end. Please, please, don’t think I’m exaggerating.

In North Carolina, a Homeowners Association (a trailer home association) has banned the flying of American flags. They want to ban all flags, which is probably understandable. But the American flag has special protections enacted by Congress and by many state legislatures. Banning American flags is on a par with banning any celebration of the 4th of July.

Multi-culturalism? I get it.

Diversity? I get it.

But any ‘government’ (and believe it, Homeowners Associations are governments) that begins banning displays of patriotism is on the road to destruction. Go back and look at dictators who killed millions and millions of people, Hitler, Stalin, Lenin, Idi Amin, Pol Pot, Chairman Mao: They all began by burning books, outlawing freedom of expression, and banning displays of religion and patriotism.

Our Constitution is an extremely thin thread that holds our country out of the hands of such monsters.

Our Constitution was written and enacted by some of the greatest heroes in history. If we allow the collapse of our Constitution, we will ultimately be regarded as the greatest cowards in history. When your HOA nibbles away at your Constitutional rights, stand up and show your testosterone! Use it or lose it.

(link to story on banning the American flag)

(link to a list of the 25 most murderous dictators in history)

 

Drought Arrogance in Bel Air, California

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Ah, the arrogance of those Los Angeles elites.

CBS-LA reports that one homeowner in the ritzy Bel Air area used 12 million gallons of water in a single year during the worst drought anyone can remember. TWELVE MILLION GALLONS! The water bill was 90,000 dollars.

I have no idea what it costs to fill an Olympic sized swimming pool, but I would bet you could fill a swimming pool at least once a week with that budget.

The real stench, though, is that public officials won’t release this person’s name or address “for privacy reasons.” This one homeowner needs to be targeted and his name and address publicized. With a drought so severe it really threatens our national stability (agriculture), there’s no need to respect privacy. Drought shaming. Someone should do it.

(link to story on 12 million gallon ‘star’)

 

 

A Long Read, But Worth It!

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Many years ago I read a hilarious article By Bill Vaughn in Outside Magazine. It’s not about Homeowners Associations, per se, but it’s a fantastic story about living with crappy neighbors. I re-read the story about once a year just to keep my spirits up. Now I want to share it with you!

http://www.outsideonline.com/1819496/wontcha-be-my-neighbor