Category Archives: Home Assoc

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.

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)

 

Just When We Thought The Condo World Could Not Get Any Worse!

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guest blog by Nila Ridings

Lately, I’ve learned quite a lot about self-storage. It’s an interesting business where investors own steel structures with no plumbing, limited wiring, concrete slab flooring, and no overnight tenants. Generally speaking the square footage rents for far more than apartment rentals and the maintenance is amazingly less. The laws that protect those who rent these spaces are far more extensive and protective of the tenant than it is for the homeowner that buys into an HOA or COA. The process to cut the lock on a tenant’s unit and sell their contents to the highest bidder is closely adhered to. In addition, when it comes to taking bids for buy-outs the employees better closely adhere to the laws or find themselves in BIG TROUBLE for bid-rigging. (See below)

Much to my displeasure, I recently discovered this new concept called, ‘Garage Condos’ where you buy in and avoid paying monthly for self-storage. Yes, you pay monthly condo fees! There is a volunteer board of directors. They can foreclose for non-payment of dues. And once again, owners are clueless as to the risks. They see the fancy clubhouse, opportunity to customize their garage space, the scheduled social events, and never think twice about signing on the dotted line.

Just when we thought the condo world could not get any worse! Here’s just another way for buyers to take more risks for losing their life’s savings. I could write a list of all the ways I see this concept failing but I’ll let time expose the truth.

The sales representative I spoke with was very enthusiastic and excited to tell me these were already being built in California and Arizona. I’m so sorry they made their way to Kansas!

On the subject of bid-rigging…can somebody explain to me why the FTC has not been riding the backs of property managers, condo takeover investors, and HOA board members? Or have I missed something?
http://kansascity.craigslist.org/prk/4845475986.html

http://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/dealings-competitors/bid-rigging

http://garagekansascity.com/kansas-city-garage-condo/

Fire Pit Between The Roads

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guest blog by Nila Ridings

Let’s all meet down at the fire pit. You know the one in between the busy streets. The one where kids will be crossing in the darkness and might forget to check for traffic. Or somebody driving drunk might jump the curb and wipe out the crowd.

Prairie Village, Kansas is an upscale area developed by Jesse Clyde Nichols (you’ve read about him in Evan McKenzie’s book, Privatopia). It’s commonly referred to as “Perfect Village.”

Some HOA board members authorized a landscaper to build a fire pit as a community gathering place between busy city streets and on city property. The city planners have put their foot down against this HOA. And I applaud them for doing so! HOA boards never cease to amaze me. I don’t know if it’s their pompous attitudes, ignorance, or endless need to control others. But it was a delight to see this story on the news tonight.

Although, I’m sorry for the landscaper with good intentions who got caught in the crossfire. His heart was in the right place. He just had a blind faith and trust in the HOA board…just like millions of other Americans do!

So, don’t meet me at the fire pit. By the time you’d get here, it will be gone!

(link to KMBC story on the fire pit)

 

Owner wants to know how to get rid of HOA

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guest blog by Deborah Goonan

An owner in Parkview HOA in Brownsville, TX was recently interviewed by KRGV television. He explains that several years ago their HOA “fizzled out” but then a new management company suddenly appeared on the scene, looking to collect assessments. But the HOA has a $46,000 deficit, and many owners are not paying their dues or paying attention to the HOA, despite collection letters tacking on a $250 attorney fee for delinquent account owners.

So what’s the story here? That’s a bit of a mystery. A quick Google search turns up minimal information on Parkview Homeowners Association LLC – address, phone number, and management agent. Attorney Bill Davis was consulted by KGRV, and, according to him, the first step is to locate the original HOA governing documents, and determine whether the HOA currently attempting to collect assessments is the Original HOA vs. a newly formed corporation masquerading as the once-defunct HOA. Got that?

The story leaves out many details, and calls to mind several questions. Was there a vote of owners to revive this inactive HOA? How long was it inactive? Were assessments being collected before the new management company started sending invoices? How many homes are involved, and what are the dues?

There are specific legal processes for dissolution, as well as reviving inactive HOAs, depending on state law. Looks like the homeowner, Mr. Jack Jew, will have to consult an attorney, and get together with his neighbors to see if they can rid themselves of the HOA that he claims most owners do NOT want.

Ironically, as demonstrated in Florida, a group of Bulk Buyers (investors) can quickly gain control of a Board, and then vote to dissolve the Association.  But ordinary owners of one measly home apiece have to play detective and jump through numerous legal hoops just to get rid of the HOA albatross, if possible.

Does that seem fair to you?

(link to story in Brownsville, TX)