Category Archives: Home Assoc

ULI Promotes Urbanization, While Developers Prefer Rental Properties To Condos

guest blog by Deborah Goonan

Members of a recent Urban Land Institute (ULI) panel are reporting high demand for urban housing, both within existing city cores and in densely populated “instant cities” (HOAs), created by developers in suburban locations near mass transit.

The attached article highlights how the major players in American housing policy and the real estate industry are not all on the same page.

Housing policy makers still push home ownership as the endgame, while NAR and CAI lobby Congress to pass FHFA proposals to relax mortgage standards. Meanwhile, developers and investors are shying away from less profitable, more risky condominiums, and engaging in new construction and redevelopment for the rental market.

Housing is becoming less affordable, across the board, as cities become more and more gentrified. If left unchecked, the majority of Americans will left with few housing choices: rent for the long-term in an apartment community, or buy or rent a single family home in a private, corporate-governed HOA.

(link to Urban Land Magazine: Changing Face of Residential)

(link to Urban Land Institute – mission and priorities)

 

HOA Controversies Finally Getting Media Attention

I cannot remember a time in my 40 years as a journalist when so many broadcast stations were discussing abuse of homeowners by their own Homeowners Associations. Denver, Las Vegas, Houston, San Antonio, Florida, Virginia, North and South Carolina. Talk show hosts are inviting homeowners’ rights advocates to join them on the air, newspaper columnists are finally standing up to the incredible falsehoods being spread by those who profit from managing HOAs or supplying lawyers to sue homeowners over incredibly minor infractions.

Another shift I’m seeing, unless I’m fooling myself, is a change in attitudes among the talk show hosts, themselves. In past years many of them have been big defenders of the HOA system. But in at least a half dozen cases I’ve seen prominent talk show hosts changing their opinions and deciding that the kind of ‘democracy’ practiced in many HOAs is getting pretty outrageous.

This week I was in getting some medical tests done and the medical tech told me about some things he had witnessed in his own HOA. He hadn’t been through anything more significant than the occasional nastygram. Those nastygrams! We all get them. But they really do change the character of a neighborhood, don’t they? What makes a homeowner want to attend the 4th of July or Labor Day picnics when he’s constantly eyeing the crowd for the Nastygram Lady or the board members who sling the lawsuits? I’ve lived in neighborhoods both inside and outside of HOAs. And the block party, in my experience, was always better attended in the more traditional neighborhoods.

Anyway, I really do feel there’s a national shift occurring, probably because more and more people are speaking out about the abuses they’ve witnessed or experienced in their own neighborhoods. More and more people are feeling the sting of falling or static property values in HOAs which they presumed would protect their investments. This website is growing…I’ll have more on that in a few days. But people are spreading the word about HOA outrages on this and other forums.

Off topic, but even more important, I wish you all a Happy Thanksgiving, hopefully with family…and with good neighbors.

The Death Of Common Sense

Living in Colorado, I know there’s a big problem in this state with coyotes killing pet cats and dogs. Driving up and down suburban boulevards you see countless posters asking for people to help find a missing pet. In almost every case the pets have been killed by coyotes. And it’s not just small pets, either, it’s German shepherds, boxers, even pit bulls and mastiffs. When a pack of coyotes starts ‘harvesting’ there’s no breed of dog that can’t be easily taken down.

Some communities in Colorado have populations of mountain lions that exist primarily on household pets. In fact, the Division of Wildlife says Colorado has a population of between 5000 and 8000 mountain lions. The attacks are bold. It just amazing that more humans haven’t been killed by wildlife.

Nevada’s KTNV Hall of Shame report by Darcy Spears shows there’s an easy way to end backyard pet killings. But Homeowners Associations across the southwest refuse to recognize the solution: a four inch high fence top roller that prevents predators from jumping fences. It’s easy. It’s inexpensive. It’s certainly not a threat to power-hungry HOA board members.

But in HOA Amerika, self-interested board members don’t seem to be interested in welcoming sensible solutions to neighborhood problems. Their personal power trip is sometimes just beyond reason.

(link to KTNV story on solution to pet killings)

 

HOA Critics: Disgruntled with an Ax to Grind or Consumer Advocates/Political Activists?

guest blog by Deborah Goonan

Why are HOA critics characterized differently than other critics of corporate exploitation and political cronyism?

If you have ever lived under HOA rule, and have had the audacity to speak up about the pettiness and injustice that permeates many of these so-called “communities,” you have probably experienced one or more of the following reactions to your criticisms:

Typical talking points directed at the critic:

“You are just a disgruntled owner with an ax to grind.”

“You are one of those people who doesn’t believe in rules and think you can just do whatever you want.”

“You just don’t understand HOA laws.”

“You don’t appreciate your volunteer Board members doing a thankless job for the good of the community.”

“HOAs are not for everybody, and you agreed to the rules when you moved in. If you don’t like it, move.”

Your HOA circulates letters to each of your neighbors, using half-truths or blatant lies to discredit you.

The Board rallies together with a few of its allies, and bullies you at meetings.

The Board instructs the Manager and Attorney to start harassing you with violation notices, nasty letters, and legal threats. In extreme cases, they play the foreclosure card.

If you work in the Real Estate sector, you have probably encountered HOA bureaucracy, incompetence, shady practices, and nastiness emanating from some HOA Boards, Managers, or Attorneys. But if you speak up and criticize the HOA industry on any level, you are regarded as a heretic and a pariah. Your expertise and research is dismissed as invalid and not worthy of serious consideration.

In light of media reports of various HOA conflicts and horror stories, the public is assured that these are just “isolated incidents.” Americans who have never resided in HOA-Land assume they can simply avoid the problem by choosing to steer clear, or, believe that HOA residents are snobs who get what they deserve. In other words, they are apt to believe some erroneous stereotypes and misinformation disseminated by HOA proponents.

Let’s compare how Americans generally view critics of the following entities:

Insurance Companies: Probably one of the most universally hated industries in a America, insurance companies are notorious for raising premiums while cutting benefits, denying claims without justification, frequently making errors in claims processing, and dropping coverage when the insured needs it most. Critics are regarded as advocates for fair treatment of consumers, and elimination of fraudulent practices that cost Americans millions annually. The public generally believes consumers who report they have been unfairly treated or ripped off by insurance companies.

Banks and Financial Institutions: In the wake of the recent economic meltdown, and taxpayer-funded bail out of banks “too big to fail,” critics have had the ear of politicians in Washington. Lending standards have been tightened as a result of what most regard as exploitative predatory lending tactics. Economists who warned of impending implosion, once viewed as alarmists, are now regarded as Oracles.

Wall Street: Increasingly viewed by the majority of the American public as Elitists and Fat Cats who have historically exerted too much influence over Congress and Federal Policy. Critics are regarded mostly as heroic Whistle Blowers for exposing devastating manipulation of financial markets that resulted in the most recent deep recession.

The US Government: America distinguishes itself from most other nations in its promotion of free speech and the absolute right of each American to openly criticize government officials at all levels, from town council to the POTUS. Critics are viewed as a necessary check on abuse of power, and, in many cases, as true patriots. Americans generally agree that political leaders at all levels are out of touch with their constituencies.

So why are HOA critics dismissed and vilified, when they bring to light equally disturbing abuses of power, management that creates social discord, covert discrimination disguising as arbitrary “rules” to be followed, economic waste, consumer misrepresentation, and, at the very least, the epitome of pettiness?

It is high time our elected officials stop turning a blind eye to failed and obsolete land use and housing policies that restrict the rights and freedoms of almost 65,000,000 Americans. Further, our government leaders must recognize that short-sighted development policies enabling and requiring fundamentally-flawed privatized HOAs threatens to destroy the economic security of our nation, inundating the housing market with unsustainable corporate communities destined to decline and fail for lack of effective and ethical leadership.

All taxpayers must recognize that one in four Americans now resides in an HOA, that the industry may now be regarded as “too big to fail,” and that no one is totally insulated from adverse economic, political, and social effects of continued grass-roots conversion of communities from free democratic republics to corporate oligarchies.

Concerned? Please write or phone your state and federal legislators. Tell them you want all American neighborhoods that are governed of, by and for the People vs. of, by, and for Real Estate Developers and corporate interests.

Find your Federal Legislators:

http://www.opencongress.org/people/zipcodelookup

Find your State Legislators:

http://openstates.org/find_your_legislator/

 

HOA Renters Beware!

guest blog by Dave Russell

Do you think homeowners are the only ones being abused in HOAs? We have long blogged and discussed about the abuses of homeowners in HOAs. But what about those who rent in an HOA? Are they subject to the same HOA abuse? You bet they are!

Actually, renters are sometimes dealt a double whammy when it comes to renting in an HOA. I have heard it time and time again, “Oh great, another slum rental property, with more trashy renters!” Trust me when I tell you, rental properties and HOAs mix like oil and water. HOAs certainly do not roll out the red carpet for renters. Becoming a renter in an HOA is probably about as popular as playing leapfrog with a Unicorn, in most cases – “there goes the neighborhood!”

If the unfounded hostility towards renters isn’t bad enough, what if the landlord adds to it? Some landlords simply fail to inform their new renters that they are a little behind in their HOA dues. Now Mr. and Mrs. Renter, who are just thrilled with all of the amenities in their new humble HOA abode, that’s until they get what I call the “Nasty-Gram” from the HOA stuck to their front door.

Ah, the Suspension of Privileges Notice, that simple and short piece of paper informing the renter that their privileges to the pools, saunas, clubhouses and sometimes parking, have been suspended by the HOA for nonpayment of mandatory dues by their landlord.

Now you may be asking, what is a renter to do? Has the landlord violated the Tenant Landlord Act? In most States the answer to that question is no. The Tenant Landlord Act usually requires the landlord to keep the property in habitable condition. Most of these Tenant Landlord Acts do not address the issues regarding HOA amenities and simply state that the property has to be clean, safe and bug free.

Just like homeowners, the renters in HOAs are left with but one choice, which is suing the landlord. And just like with homeowners in associations, who has the time and money for that? The only difference between renters and homeowners is that the renter can simply move on while the homeowner is stuck in HOA purgatory.

Now just imagine this scenario, you are renting a condo, the doorbell rings and it’s a process server with legal papers. You see, the HOA is foreclosing on the property because your landlord has failed to pay his portion of the mandatory HOA dues. As we all know, some folks live from paycheck to paycheck, and many are already on the verge of homelessness. This leaves renters scrambling for a new place to live as well as paying for the cost of moving, deposits and time off of work to find another place to live.

Here is another frightening scenario where the HOA renter is once again victimized and stuck in the middle of the HOA vs. their landlord. The doorbell rings, again its Mr. Process Server with some more scary legal papers. The HOA has decided that they are going to do an assignment of rents because your landlord has failed to pay his/her mandatory HOA assessments. The court order directs you, as the renter, to send off your rent payments to the association’s law firm. Oh, did I mention that even though you are now paying the HOA, that you are still barred from all of the amenities?

HOA rental properties also seem to attract conmen and scammers. Here in my community, a single mother came in to introduce herself and requested keys to a specific unit. She stated that she just rented the unit through a “house sitting program.” The new renter stated the condo was in foreclosure and she paid a service $500 in exchange for free rent until the unit foreclosed. I personally knew the owner of this unit, and knew that the condo was not under foreclosure. I did some research on the person who signed the lease, to my amazement; it was a conman that I had seen on the news about a year ago.

I can’t tell you how bad I felt when I had to tell this single mother that she was the victim of a rental scam. I did contact one of my reporter friends at KPHO News Phoenix, who promptly blasted this conman’s scam and face during the evening news. This conman’s victims all had one thing in common — every scam he ran just happened to be in an HOA. I suppose it’s preferable to run a scam in a place where the biggest scams in history take place.

HOA Renters Beware! those gated communities, with those glorious amenities, may be a lot more, or a lot less, than you ever bargained for.

http://raycomgroup.worldnow.com/story/24812079/con-artist-accused-of-scamming-several-valley-victims-in-housing-program