Category Archives: HOA

Love Thy Neighbors – It’s Good For The Heart

I’m going to slip into the religion zone for just a minute. But for you non-believers, just wait. It’s for you too.

When Jesus was asked about the most important commandments, the first was “Love your God with all your heart.”

When asked about the second he said, “Love thy neighbor as thyself. There are no greater commandments than those.” He actually said that!

Sooo, let’s go full circle and jump forward a couple thousand years to a scientific study of more than 5000 people and their health and general well-being. It seems like there’s a pretty solid connection between heart health and the amount of strife with neighbors.

I’ll leave the finer points of the study up to you in the link below. In the meantime, I’m using both hands and both sets of toes to count up the number of cancer and heart disease patients in my own HOA neighborhood!

(good neighbor study)

 

Norristown PA Condominium Failure Costs Taxpayers Millions‏

guest blog by Deborah Goonan

Why should you care about continued construction of HOAs, even if you do not live in one?

City and County planning boards love HOAs because they increase the property tax base, while requiring very few, if any, additional services to be provided within the boundaries of these communities. In theory, HOA residents pay assessments for their own services – which can include road maintenance, storm water system maintenance, security, and the like, as well as maintenance of common areas and multifamily (attached) housing structures. In other words, HOA owners pay more of their property tax dollars for a lower level of city or county service. That means higher net tax revenues for cities and counties. Or does it?

I have blogged before about the fact that non-HOA taxpayers are increasingly footing the bill for HOA failures in their cities and counties. Over the past few months, several media reports have surfaced about troubled and failed private HOA communities. Today I present one example from Norristown, Pennsylvania, as originally reported in The Inquirer last month. (see link to article below)

According to the report, a 26-unit condominium at 770 Sandy Street was constructed in the mid-2000s. After construction, when problems became apparent, city “Inspectors pinpointed hazards years after the building was occupied, including load-bearing walls that were hollow, exposed wiring, and fire escape stairs made of wood.” How did the developer, R. Bruce Fazio, get away with selling homes with so many apparent construction defects?

Upon further investigation, it was discovered that the municipality had issued a flawed permit, and apparently failed to identify building code violations prior to occupancy.

In 2010, the building was condemned, and a judge ordered the city of Norristown to make repairs totaling $3 million.

But despite the fact that taxpayers have already forked over $3 million for the apparent negligence and incompetence of the developer and city officials, problems still continue, with many units remaining vacant and unlivable due to water damage from frozen pipes. Another condemnation may be in the works. How much more money will it cost the city of Norristown?

The unfortunate owners of these ill-fated condos have faced major financial loss and stress, but the residents of Norristown at large are also paying the price to clean up the mess left behind. Meanwhile, the developer and city officials are not being held accountable. Read the article below for details.

Your tax dollars at work?

(link to news story about Norristown failures)

 

Let Me Vent About The CAI!

guest blog by George Staropoli

How dare Susan French (lead ‘editor,’ of the 2000 Restatement of Servitudes, 3rd; co-author of Community Associations Law (1998 & 2008) with Wayne Hyatt, CAI national leader) take the attitude, accepted by the publisher, ALI, that this treatise is geared toward private governments because that’s what the people want. Did any group have her ear? (The Restatement is the common law treatise used by the courts when statutory law is silent.)

“Susan French begins with the assumption that . . . we are willing to pay for private governance because we are unable to pay for these amenities . . . individually. Therefore this Restatement is enabling toward private governance so long as there is full disclosure . . . and so long as decisions are made according to established and fair procedures.” (Foreword, p. IX). (My emphasis).

What part of reality did she miss? That people love HOAs? That there are fair procedures?

The Restatement speaks of private governance, which apparently French really meant as private government without being subject to the US Constitution. Section 3.1(2), Validity of Servitudes: General Rule, declares that the servitude cannot “unreasonably burden a fundamental right” (p. 347). What is a reasonable burden on a fundamental right? Does that control the Constitution? Is this private citizen law? After a long discourse on protecting fundamental rights, comment h makes it clear that,

“The question whether a servitude unreasonably burdens a fundamental constitutional right is determined as a matter of property law, not of constitutional law. Constitutional law decisions may be useful, but are not controlling, in determining when a servitude goes too far. When private parties create and enforce servitudes they are not governmental actors.” (p. 359-60).

Well then, what do we need the Constitution for? What do we need legislators for?

Community Associations Institute (CAI) presents the “Verdict:

guest blog by Deborah Goonan

Community Associations Institute (CAI) presents the “Verdict: Americans Grade their Associations, Board Members, and Community Managers,” a 2014 survey of CIC residents, as evidence of “overwhelming” CIC resident satisfaction. CIC is an acronym for Common Interest Communities, industry-speak for homeowners’ and condominium associations, cooperatives, and variations such as planned communities, property owners’ associations, and other marketing catch-all phrases. I have blogged before about the results of this biannual survey, but, honestly, one has to take any market “research” conducted by an organization for its own benefit with more than a grain of salt. There are plenty of reasons to be skeptical about the validity and reliability of the statistics CAI presents to the media, and good reason to doubt the ability to generalize conclusions drawn by CAI to over 64 million people.

In today’s blog, I merely play along with the assumption that CAI is the authority when it comes to CICs, because I know these survey summaries are presented as “authoritative” research to legislatures across the nation. The brief CAI summary presented in their surveys and statistical summaries gives disinterested legislators a seemingly valid reason to ignore constituent bill proposals for state level regulation of CICs. “Look how satisfied most residents are, ignore those few ‘unfair’ attacks upon our well-meaning volunteer Board members and well-trained community association managers, because residents do not want more government control.”

So the industry says to validate its own existence.

Let’s look again at the industry’s own research, for what it’s worth.

When we look at the real estate industry’s OWN market research, we discover that there is little demand for HOA governance. There IS demand for newer homes with modern features such as extra bathrooms, efficient heating and cooling systems, and upgraded finishes. It just so happens that, due to political cooperation and/or demands from local governments, CICs are the only type of new construction or urban redevelopment permitted. If we as buyers want a newer home, we get a CIC by default. Increasingly, tenants end up in CICs, too, due to a shortage of rental properties in some markets.

When we compare 2012 and 2014 “Verdict” data on supposed overall satisfaction, we note that positive ratings dropped by nearly 9% (from 70%to 64%).  At the same time, respondents rating their overall CIC experience as Negative increased by 25% (from 8% to 10%). Neutrals increased by 15% (from 22% to 26%).  If we combine neutrals with negatives, and compare to 2012, there has been a 20% increase (from 30% to 36%)  in the number of residents who cannot rate their overall experience as positive.

Note that these surveys only included a sample of current residents – one can assume that a significant proportion of dissatisfied or neutral residents that did not care for the CIC moved and then became FORMER residents. Was there an exit interview or poll taken for these folks?  How many unhappy people just got out of Dodge?

The 2014 survey also compares data from previous surveys as far back as 2005. In 2005, 22% of respondents said that the Rules in their communities had NO impact upon or were harmful for property values. That figure jumped to 30% in 2014! That represents a whopping 36% increase in the number of CURRENT RESIDENTS who see no real value in the rules and architectural standards. At the same time, the percentage of residents who said rules and restrictions protect property values dropped from 78% in 2005,  to 70% in 2014. That represents an 11.4% drop in confidence of the value of all those rules and restrictions.

Now let’s look at the National Asssociation of Home Builders report of What Home Buyers Really Want.

The 2013 NAHB survey indicated the following percentages of buyers that DO NOT WANT the following features in a new home, all of them synonymous with CICs:

70% – elevator (in condos)

66% – golf community

56% – high density community

48% – gated community

44% – mixed use community

Under current development policies throughout the US, none of these community housing features can exist without the establishment of an Association to cover costs of construction and ongoing maintenance.

When you combine NAHB data with the 36% of respondents whose overall CIC experience is either negative or neutral, there is a pattern that emerges: at LEAST one third of current residents are prone to make a change by moving out, or would be open to options and/or improvements in their communities. And more than half of buyers are not interested in a CIC with closely spaced housing, multifamily housing, a security gate or expensive common amenities. (The bulk of what has been constructed and continues to be constructed)

So, if market demand were driving the housing market then at least one third of new construction would be in non-CIC developments – i.e. in new public communities such as municipalities or special districts, or within existing municipalities. In fact, the data points to a pent up demand for such free communities, since almost nothing without CCRs and deed restrictions has been constructed in the last 20+ years – especially in the states with the highest population growth. Why not put a moratorium on CIC construction, to give the housing market time to self-correct?

Our elected officials should seriously reconsider their laissez faire approach when it comes to CIC legislation, because a significant portion of their voters are not as satisfied as CAI claims in its self-promotion campaign.  More importantly, our state and local leaders need to put an end to continued creation of privately governed corporate communities – that’s what CICs are – and return property rights to homeowners. It is high time to end land use policies favoring deed-restricted HOAs in planned developments and condominiums.

(link to CAI 2014 Verdict survey summary)

(link to National Association of Home Builder’s survey of what buyers want)

 

 

 

Lemonade & Garage Doors

Property values in Western Florida are in the gutter. So it’s not unsurprising that some low testosterone creep would complain that West Dunedin neighborhood values were down because a little boy was operating a little lemonade stand. Lots of neighbors support this kid, to no avail. He’s been ordered to take it down

(lemonade stand story)

Here’s another weird one. A friend of mine sells my book, Neighbors At War, from his packaging store. His last one sold just yesterday. Seems an angry customer was sending off a $1000 certified check to his HOA to pay for a garage door that was inadvertently left open.