Category Archives: HOA

StoneGate Stops Make-A-Wish

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guest blog by Nila Ridings

Cancer is an ugly disease and it’s uglier when an innocent child becomes it’s victim. Ella Schultz is just six years old. Sadly she is facing down two very difficult monsters; cancer and her StoneGate HOA board of directors.

Ella was contacted by Make A Wish. What she wished for is a playhouse. Make A Wish contacted J.E. Dunn Construction Company in Kansas City. They are willing to build that playhouse with a matching roof to the houses in the neighborhood. Being from Kansas City, I am well aware of this company and over the years have known some of their employees. I am not one bit surprised to hear they were ready and willing to make this wish come true for Ella. They are a big company with a big heart!

On the other hand, I am not at all surprised to hear the StoneGate HOA has brought Ella’s wish to a screeching halt. Why? Because that’s what HOAs are all about! ENFORCE THOSE COVENANTS AT ALL COSTS!!! Forget the human factor. Deny the ill child. Show her from a early age that the almighty power of the HOA will stop her wish in it’s tracks. Ignore the neighbors who are supporting Ella’s wish.

President Stacy Bayers, as the leader of your HOA board do you have any common sense? When KCTV-5 contacted you did you EVER THINK to call an emergency board meeting and share these circumstances with the other board members? Do you realize you can torment adults 365 days per year, but little Ella’s supporters from all over the world are going to fiercely support a sick child with a wish against your HOA? Can you even imagine the negative exposure StoneGate is going to get? For years to come people will drive by StoneGate and say, “That’s that horrible place that denied that little girl with cancer a playhouse!!!” So much for property values Ms. Bayers! Win your battle…lose your war!

When Ella wins her battle against cancer I feel sure I know one thing that won’t ever be in her future. She’s shed her tears at six over an HOA and what a life lesson she has had, but she won’t be shedding tears at sixty because of bullies on an HOA board. Nobody will catch her buying property in the HOA trap.

Let’s send prayers out for Ella Schultz and her battle against cancer. And much gratitude to KCTV-5 reporter Jamie Oberg for giving this story television exposure.

(link to KPHO story on cancer girl)

(latest comments on cancer girl from Kansas City Star) 

 

Yet Another HOA Embezzling Case

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These stories come to us daily. Sometimes the loss is $28,000. Some are over a million dollars. Even when convicted there’s rarely any restitution from the embezzlers. And that means that every member of the Homeowners Association is going to be hit with a special assessment to cover the losses. Embezzling, kickbacks. And sometimes these crimes are so organized and so massive that they bankrupt entire neighborhoods.

Someday homeowners will wake up.

(link to another embezzlement in Tennessee)

 

Portland Porch Painter

      1 Comment on Portland Porch Painter
guest blog by Nila Ridings

One the the greatest things about this Neighbors At War website is it brings people together in a very unusual way. Most women meet for coffee, a museum tour, book club, or quilting retreat to enhance their social lives. Men meet for a beer, golf outing, or a fishing trip to Alaska. But regardless of our “outside” interests we all “meet” every day or a few times per week on this website. Are we just compelled to read about the sickness that prevails in America’s HOAs? Or are we hoping for an outside chance of some humor to be found here?

This story was sent to me by a friend who finds herself reading the fascinating entertainment of Neighbors At War has become part of her daily routine. She sends me emails that only say: “OMG!” or “CRAZY!” or “NO WAY!” And on a rare occasion she sends “LOL!” With each passing day she is more and more thankful she does not live in an HOA! Today, she sent this story from Portland. I see a good deal of humor in it, so I’m sharing.

Thank you, MG for emailing the link! (I’m using initials to protect identity since her home is surrounded by HOAs. I don’t want her to end up on the area’s HOA radar screen and become their newest target)

This gal lives in Portland and tells her story of the challenging and tiring efforts she made to paint her front porch. She shares the pictures and it’s obvious she likes her house to look cheerful and welcoming. She shares her back story of what a painted porch meant in her growing up days. It certainly would not hold that meaning in the HOAs of America. It could be the catalyst to having her house foreclosed on by the HOA but she was brave…and now…she awaits the arrival of the Porch Paint Nazis.

I hope this story will make you smile, too!

 
http://thepaintfactorypdx.com/

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.

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.