Category Archives: HOA

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/

 

Lies, Loans and Liabilities

guest blog by Dave Russell

Lies, Loans and Liabilities

So, your HOA has overspent, misappropriated funds or has simply “run out of money.” Now what? Well the answer here is simple, “let’s take out a loan!” That’s right, if your overinflated mandatory dues weren’t enough, your HOA is going to put you, the homeowner, on the hook for tens of thousands, if not millions of dollars for a loan.

Hypothetically, let’s say your HOA borrows a million bucks, you know, to “pay the bills.” What the homeowner may not realize is that the HOA Manager and/or the Management Company may possibly be receiving a minimum 10% “finder’s fee” for assisting the HOA in acquiring the loan. That’s right, a legalized kickback of over 100K for simply doing, well, nothing.

Call it what you want, a line of credit, or an extended line of credit, but it is still considered a LOAN. Is this really legal? Can your HOA board just simply borrow this money on behalf of its membership? The answer here is Yes and No. Yes, if your association doesn’t have any restrictions about “Loans” in their governing documents. No if there are restrictions regarding “Loans” in the governing documents.

Many associations do have provisions regarding loans however, those provisions are usually buried in a lengthy set of governing documents, that homeowners don’t read, or no longer have in their possession. In some cases, the governing documents require 2/3 of their membership approval before the HOA acquires a loan on their behalf. In some cases, your association may require the signatures of 2/3 of its membership before they sign those loan papers.

It happens often, loans being taken out without the required approval or signatures of the HOA membership. Maybe, I should have billed this story as, Fraud and Finders Fees vs. Lies, Loans and Liabilities.

I’ve seen this little scenario play out time and time again, and it’s wrong, simply wrong I tell you!

If your association is thinking about, or has acquired a loan, make sure it was, or is, being done legally. As the homeowner, you need to read through every governing document including, the CC&R’s, Bylaws, Rules and Regulations, and most importantly, the Articles of Incorporation, which are rarely ever read. Before your HOA makes you, the homeowner, liable for that loan, make sure they have done it legally and legitimately.

 

WHO IS BARBARA HOLLAND?

A Response To Her Recent Attack On Jonathan Friedrich

guest blog by Jonathan Friedrich

Ms Holland presumes she is the ”Queen Bee” of all community managers in the Las Vegas area.

First a few facts about Ms. Holland:

The column that she posts each week in the Review Journal SHE PAYS FOR. She is not a columnist working for the newspaper. If you observe near the very top of the page under the “Real Estate” banner the words “promotional section” are printed. This is another way of saying this is an advertisement!

Ms. Holland has built a successful business through the use of this advertisement tool.Ms. Holland, who is a licensed community manager number CAM.0001049-SUPR, has had numerous complaints filed against her with the Nevada Real Estate Division in the past. Ms. Holland makes a very nice living off the backs of people living in Homeowner Associations.

Ms. Holland’s unprovoked rabid attack on me in her paid column on September 27, 2014 for expressing my “global” view on the Nevada State Supreme Court’s decision only shows her myopic view of HOA life and her own financial well being.

What Ms. Holland fails to realize is the big picture that banks will be very cautious about lending in Nevada. This can translate into higher interest rates or refusal to lend at all!

As a Commissioner on the Common Interest-Community Commission I had a sworn duty to protect ALL of the people of this State and not just the special interest groups. This is what I did and continue to do.

Ms Holland, on the other hand, only has to look after her own special business interests. She is part of an ever growing and controlling industry that is threatening the very fabric of American life and liberty of its citizens.

To quote Ms. Holland “its about time we caught a break.” But it’s the homeowners who really need a break!

Homeowner associations have almost unlimited powers. When you purchase a home or Condo in an association you consent to be “ruled” by a group of individuals known as a “board.” This board decides what your monthly assessment is, how much will be spent on your behalf and on what, what color you can paint the exterior of your home, when you can open your garage door and for how long it can stay open, what plants and flowers you can plant. In short an HOA can and does control your life.

HOAs were created back in the 1960s to keep Blacks, Jews and Asians out of “private” communities. Is this the American way of life? I do not think so.

Oh, Ms. Holland I almost  forgot to mention all of the corruption, embezzlements of funds by board members and or the managers and kickbacks to managers all costing owners millions of dollars a year. Let us not forget the abuse and attacks  against owners who speak up and speak out against board members.

As a Commissioner I witnessed many of these acts first hand.

So Ms. Holland we the homeowners do need a “break”.

Ms. Holland, with her tunnel vision view of the world, owes me an apology. But I don’t expect one from her.

 

Open Letter On HOAs To All Policy Makers

guest blog by Deborah Goonan

Although HOA horror stories and reports of financial failures of common interest developments are reported daily in the media, industry proponents claim these are “isolated” incidents, that most people are happy under government by CC&Rs, and that buyers actually want more of the same.

When I or others attempt to discuss realities from the HOA resident’s perspective, we hear “HOAs aren’t for everyone,” “move if you don’t like it,” and “stop whining and complaining.”We are told our democratic proposals for reform are “fantasy” and “unrealistic.” Tell me, when did Democracy become taboo?

Today, in response to this arrogant drivel, I was inspired to write the following Open letter to CAI, State, and Federal Policy makers:

For more than a decade, HOA homeowner advocates have proposed many solutions to problems that vex HOAs: one vote per resident, ballot voting for elections, increased government oversight, better buyer disclosure, reforming laws that are skewed in FAVOR of the HOA corporate entity to eliminate the power imbalance it creates for owners. But we have faced consistent opposition every step of the way, not from fellow owners but from special interest groups: notably developers, real estate investors, Real Estate BARs, and management companies – including CAI. In all fairness, it is becoming increasingly apparent that even CAI members and attorneys disagree on policy matters, to include “eminent domain for condos.”

You may think that dismissing those of us that have the audacity to speak out against injustice and bad policy as “whiners” is an effective strategy to silence us. But all that does is prove the arrogant, dismissive attitude that prevails in the industry and our state Legislature that backs the special interests.

I recognize that Florida’s condo takeovers – a seven-year-old practice that is just beginning to get national attention – are a result of their financial failures. I do not object to their dissolution. What I object to is the injustice that results – kicking folks out of their homes, often forcing them to take huge financial losses, and with no effort to make these people whole. It was an injustice to sell those condos at artificially inflated prices in the first place, not to mention all the bad mortgages that resulted in many thousands of foreclosures and personal family tragedies. It was bad policy and greed that led to the failure of many condo and HOA communities.

And at the same time in Florida, millions of dollars are being invested in brand new high-end luxury condos. The folks in the middle and lower income ranges are merely collateral damage. And you can bet that the loans for all those displaced condo owners will become non-performing mortgages. No wonder the banks balk at financing for condos.

Other states also experience similarly owner-unfriendly issues, including local elected officials that seek to relax building codes, and reduce construction defect liability for Developers.

Furthermore, the financial and social model of common interest developments is unsustainable, which will ultimately lead to increased costs for local and state governments as these HOA communities mature. We are already seeing increased evidence of condemnations and HOAs that must appoint receivers because no one wants to serve on the Board of a failing community.

I am thoroughly disheartened by discussing HOA issues with people who refuse to acknowledge the truth and simply do not care about homeowners, tenants, or taxpaying citizens that do not toe the line and conform to the HOA corporate agenda.

I call upon reasonable, responsible, and compassionate State and Federal leaders to recognize that corporate communities are incompatible with American values of Democracy and Equality, and that HOAs exist primarily for the benefits of Real Estate interests. Americans must not be expected to relinquish their rights, freedoms, and financial stability for the sake of increasing the property tax base with high-density development.

Thank you.

 

HOAs & Owner Involvement: An Oxymoron? (part 1 of 3)

guest blog by Deborah Goonan

Let’s get real!

One of the most common laments of HOA industry professionals is this: “Owners are apathetic. No matter what we do, we cannot get them involved in governance of the community.”

I have previously blogged, tongue-in-cheek, about the tendency of Boards to cultivate apathy. Today I will explore the issue in more depth.

Is it realistic to expect widespread participation?

Historically, few people actively participate in city, town, or county government, so what makes anyone believe that there would be a higher participation rate in HOAs?

Consider that HOAs (and especially condo associations) are marketed as carefree, low-maintenance lifestyles, often including amenities that owners do not have to personally maintain. HOA homes are not explicitly disclosed as what they are: shares in real estate investment, almost always part of a corporate entity. And, even if we could enlighten buyers and owners about the need to protect their investments in their HOAs, how many would take active roles? After all, most people with retirement accounts tend to put their money into funds managed by financial professionals – few actively monitor their funds.

Does HOA governance structure encourage or discourage participation of residents?

Some critics of HOA governance have suggested that Boards should allow residents to actively participate at meetings, with the ability to present ideas, make motions, and vote on resolutions directly affecting them.

But I doubt we will see such change, because CAI – and most governing documents written by attorneys for developers – promotes policies that give the Board broad authority to act on behalf of the association.

Refer to page 30 of Community Association Living: (Emphasis added in bold)

“Board members and committee members are volunteer leaders who meet regularly to discuss pertinent details about running their community. A board meeting at a community association is comparable to a town council meeting of a municipality. The basic authority in a community association lies with the owners. However, the owners elect a board of directors to act on their behalf. Usually the governing documents delegate almost all of the association’s decision-making powers to a board. This leaves the owners with very few direct powers. Typically, owners have only the voting power to:

  • Elect and remove directors
  • Amend any of the governing documents, except board resolutions

Occasionally, owners will approve the annual budget for their association. But all other decisions are usually left to the board. As a result, if owners are unsatisfied with a board decision, they usually do not have the direct authority to “veto” or “undo” its action. Under such conditions, their only remedy is to elect a new board to represent them.”

Clearly, the status quo discourages active participation of owners, exacerbating apathy. See Part 2: Reality Check