Category Archives: lawyers

Blow N’ Go High On The Roof Top

guest blog by Nila Ridings

Here we go again!  I hope this will be an eye-opener for our readers.

Quivira Falls Community Association still ranks at the top for winning the “HOA Bullying Award.”  Why?  Because like most HOAs they love to bully people.  They seem to really get some sort of sick thrill out of irritating the homeowners.  But, it’s far more than irritating, they are putting us at risk for property damage and liabilities.

Gutters being my responsibility, I had new ones installed in 2008.  Knowing that Quivira Falls has a very long history of not performing necessary maintenance, I spent an extra three hundred and fifty dollars to have gutter guards installed.  The company I did business with has been around since 1972 and certainly knew what they are talking about when they said, “do not let anyone use leaf blowers on your gutters because it will tear up the guards!”  So, I notified Quivira Falls HOA office that I did not want anyone to clean my gutters going forward.  Well…let’s see, it’s been six years and they still love to put people on my roof with leaf blowers which now results in me calling the police.

Two years ago, they taped a note on my front door saying since I didn’t want my gutters cleaned by the HOA they would no longer be doing it.  I gave a sigh of relief…finally…somebody learned how to read and understand what my letters said.  Yeah!  Nope, not yeah…within hours of writing me that letter on Quivira Falls letterhead they were up on my roof!  I called the police and kept the report in my files.

Today, after all these years of emails, letters, and calling the police, they were back up there with the leaf blowers!  From my office window I could see the ladder and hear the noise.  With my phone and camera in hand, I walked outside and removed the ladder from my guttering and dropped it into the grass.  I called 911 and told the dispatcher what was happening and that they were still on my roof and the ladder was laying in the grass.  With my camera positioned and ready, I waited for them to come over the ridge of the roof.  They saw me, my camera, and the missing ladder.  When I said the police were on their way the one started apologizing and the other stood stone-faced on my roof.  In nothing flat the police arrived just as their supervisor/owner did.  He immediately instructed them to get to the next job, but the officers wanted to see their identification first.

The police advised me they cannot arrest workers for trespassing.  Nor can they arrest a company owner unless he’s caught on the roof.  I’m basically screwed except I have the option of taking them to circuit court.  You bet I can do that!  I’m always welcome to spend $30,000, $50,000 or even $100,000 in legal bills to try and stop myself from being bullied and attempt to be reimbursed for construction repair bills.  I will also be the one paying the tab for damage to my gutters and shingles along with the cost of water damage repairs on my ceilings caused by broken shingles that create leaks!  And, if I’m really lucky they may cause a rafter or two to snap which gives me the pleasure of hiring a contractor to come and snake his way through my bedroom closet and into the attic while carrying long pieces of lumber that scrape my walls and woodwork.

To properly clean gutters you must remove the debris and then flush the downspouts with a garden hose.  Walking around on roofs with leaf blowers is a waste of time and money since the downspouts are ignored.  It’s a farce, to say the least.  And a way to fool homeowners into thinking they are getting something for their $240 monthly dues.

So, I asked the officers, “How would I sue somebody when I don’t know their name, company,  or location?”  With that, the officer asked the company owner if he would like to share his name and contact information with me?  He said, “No!”  I looked at the cops and stated people who have nothing to hide, hide nothing and this guy won’t even identify himself.  Yet, I’m supposed to sue him if I have damage to my roof or guttering?  Really?  With that, he reluctantly handed me his business card.

After he left, I mentioned that one of the roof top workers reeked of something that smelled…you know…medicinal.  The cop said he wished he’d of smelled it.  Possibly he would have if “Mr. Mystery” had not quickly shooed his workers away from the area.

Bottom line, my attorney has told me to never let anyone work on my property without seeing their certificate of insurance even if they are employed or contracted through the HOA.  Reason being, if they fall into my fenced area or on my front porch resulting in injuries or death, I will be the person responsible and hit with the lawsuit if they are uninsured!

On this same issue, a few years ago the HOA cleaned the gutters of some new homeowners that moved here from a foreign country.  The nicest people you would ever want to meet!  Their gutter guards were blown out and left laying on the grass around their townhouse.  They asked if I would type a letter on their behalf requesting they be re-installed because they don’t speak or write English fluently.  I suggested they mail it certified.  Quivira Falls refused it, so when it came back they hand-carried it into the office.  How shocked they were when the woman in the office told them to put the gutter guards back in themselves!  That’s right, the HOA blows them out and you can just buy a ladder and climb up there and do the job yourself!  “Welcome to America!!! and Quivira Falls Community Association one of the nation’s  finest bullies in HOAs!”

As the police were leaving the fire department ladder truck pulled up.  I guess the 911 dispatcher must have assumed a roof rescue was going to be needed.  Yes, indeed these HOAs are costing the taxpayers a ton of money and they don’t even have a clue.  The police chief’s office says always call them to come out and make a report even if they can’t arrest anybody.  That way if you end up in court with an HOA case you’ve got police reports to back you up.

I just lost another precious day of my life in HOA HELL!

 

Teenage Girl Builds Her Own Tiny House

guest blog by Nila Ridings

Sicily Kolbeck built her dream home, lost her best friend in the midst of building, and gave a TED Talk. How old is she? 13. What did she learn? Many lessons about construction but even more about life, loving, losing, and living on.

Her story really touches my heart. I was 13 when I built a lake home with my dad, who was my best friend, too. I miss and think of him every day. I know if he was still here, I never ever would have purchased in an HOA.

I wish Sicily all the best in her new home whether she takes it to college, lives in the wilderness, or hooks up and pulls it around Alaska. Most of all, I hope she’ll always remember her dad’s loving hands helped her build not just a tiny home but confidence that will take her many places that she has yet to dream of.

I also hope she will inspire other young people to build a tiny house so they won’t fall into the condo concentration camp. Or the maintence-not-provided scam. If it takes a few feet of living space on a trailer to protect the younger generation from the nightmares of HOA living, I’m all for it!

Enjoy both videos as Miss Sicily shares her story!

(link to Tiny House talk)

Teen Builds Her Own Tiny Home for $9k

Flight Safety Instructions???

Nine million YouTube hits in three days! Wow!

The Australian cast of The Lion King boarded a flight to Sydney and let fellow passengers get a real taste of flying. Yes, we all value the flight attendents and pilots who get us safely to our destinations. But on this flight it wasn’t the safety briefing that got all the attention!

http://www.youtube.com/watch?v=wgSLxl1oAwA

 

Last Call…Who Gets Stuck With The Condo?

guest blog by Nila Ridings

Occasionally I talk with a condo or HOA homeowner who tells me they are working to pay off their mortgage so they can leave the property to their kids debt-free when they die.  None of us knows when we are going to take our final flight, but we all know the risks of owning in a condo association or HOA.  For those who don’t, I’d suggest spending time on this website and reading Ward’s book, Neighbors At War!
 
I’ve watched the results of this plan play out over the past few years.  When heirs live out of state they sell for whatever they can get or turn their new property into rentals.  Rarely, do they move into the unit.  And they have no clue what is going on inside of the HOA , who is running for the board, how many lawsuits are pending, or if the HOA has taken out a million dollar loan.  They’re clueless and have absolutely no interest in knowing more.
 
If they can’t get the property sold and don’t want a rental, they are stuck paying monthly dues to the HOA. While there is no water, sewer, or trash usage during that time the HOA bill continues, along with taxes and insurance.  If at some point the HOA slaps a lien on the property there is an amount to be paid that nobody knows about. Or, the lien was satisfied but the HOA never released it.  Possibly the deceased wasn’t aware of it, but it’s there and it has to be paid before the place can be sold.  Or an assessment pops up and heirs are on the hook to pay that, too.  Suddenly, this inherited real estate becomes a pain in the neck and/or a financial burden to someone who can’t afford the extra expense or deal with all the added stress.
 
We learned in Neighbors At War that mortgage-free HOA properties also become targets for non-judicial foreclosure.  Since corruption never misses an opportunity the dead are not exempt from HOA abuse either.
 
During a recent conversation with an HOA property owner I learned something that I expected was coming.  This individual wanted a reverse mortgage only to learn that isn’t possible because the HOA is not FHA approved.  The advice given was to take out the maximum amount in a mortgage, enjoy life with the money, and when the money runs out or the final breath is taken, the kids can let the property go back to the mortgage company and walk away.  If the HOA opts to foreclose, so be it. (Who needs a good credit rating to get into the cemetery?)
 
Bottom line is: hundreds of thousands of dollars tied up in a covenant controlled and often times corrupt HOA is not a way to leave your heirs feeling loved.  It could bring them a financial burden that could drastically change their lives and leave them feeling angry with you for leaving them in such a financial mess.
 
No one lives without dying.  Careful thought should be given to how we wish to be remembered.  Hopefully it won’t be that generations to come are left sitting around holiday decorated dining room tables discussing Mom and Dad or Aunt Matilda’s HOA nightmare that was “supposed” to be an inheritance!

A New Website Feature

I’m a total Rube Goldberg, so put me into a room with dials and meters and ramps and hammers and I’m quite likely to hammer together something very stupid-looking that might actually have some societal value.

On the opening splash page of Neighbors At War, there’s a category called “Resources.” Click that and you’ll find another “resources’ button. Tap that and you’ll see a list of crimes, like embezzlement, robbery, burglary, assault, and a dozen similar words. Clicking on each of these words brings up an automatic Google search. In other words, if you click ’embezzlement’…. in the background I secretly run the terms “Homeowner Association, property Association, Property Owner Association, HOA, POA, CID, CIC embezzlement.” That, hopefully, gives you some interesting numbers to show to a non-believer, someone you’re trying to rescue from ‘the dark side.’  The numbers are quite staggering…and convincing. And it’s certainly an interesting (but not necessarily perfect) research tool.

I may run this promo a few times over the next two months in an effort to try to get our many readers thinking in terms of raw research.

Oh, and another thing for which Homeowners rights advocates have long lusted… is a national (or even international) list of attorneys who are willing to represent battered and bruised homeowners who try to fight the kind of anti-Constitutional outrages we see each day in our neighborhoods. Please help me build that list. Attorneys on our side won’t get rich. The billions of management dollars are on the other side. Still, sometimes the Revolutionaries win. And they win because someone, somewhere, believes in the concept of Justice under the law.

BTW, any research I accumulate on this project will be shared with every other would-be Paul Revere in the country. No cost. No fee. Just a personal promise to me of your personal integrity.

Ward Lucas