Category Archives: military

Florida Appeals Court Decides CC&Rs Trump State Law

      1 Comment on Florida Appeals Court Decides CC&Rs Trump State Law
guest blog by Deborah Goonan

Florida HOA industry proponents are all abuzz about a recent District Court ruling. The Fourth District Court of Appeals (DCA) has clarified in its decision that if HOA Covenants, Conditions, & Restrictions (CC&Rs) specifically state that a third-party buyer need not be responsible for paying past due assessments, that provision overrides FL state law.

Florida statute currently requires that third-party buyers at foreclosure must pay all past due assessment liens accumulated by prior owners. However, as written, its intent is not to impair contract rights that were in effect prior to the 2007 statute.

In this article (HOA COLLECTIONS…Fourth DCA Decision Slams HOAs In Florida) the owner of an HOA collections business does not appear to be happy with the appellate court’s decision to defer to HOA governing documents in lieu of state law.

Note the double standard at play here. When it comes to CC&R violations, HOA-proponents want the “contract” to prevail. But when it comes to collection of past-due assessments from third party owners, the same folks want state law to override the CC&Rs, thereby impairing the HOA “contract.” In fact, the lower court decided the case in favor of the HOA, citing state law.

In this article written by a FL Attorney, blame and shame is cast upon lenders for “mooching” off of homeowners, and state legislators for creating laws that protect mortgage holders’ financial interest at the expense of homeowners and taxpayers.
But didn’t HOA proponents favor “mooching” off of homeowners when they gloated about NV and DC appeals courts decisions that third-party buyers at HOA foreclosure sales could wipe out mortgage liens? After all, what happens to property values when an $800,000 home sells at auction for little more than $6,000 owed one the HOA lien?

Lots of angles here.

For instance, what exactly are your HOA assessments paying for? Most of it may be for essential infrastructure – roads, storm water systems, private utilities, security, and the like. These are traditional government services, making HOA assessments akin to property taxes. So why is the HOA a corporation and not an official “mini-government” subject to prevailing Constitutional law instead of contract law?

Portions of assessment funds may also be for non-essential amenities. But our current laws treat all of these funds as absolutely essential, and as mandatory obligations. Assessments must be paid No Matter What, or risk lien and foreclosure by your HOA. If HOA fees were truly “contractual” obligations, homeowners would have the power to withhold payment for non-delivery of services, and the HOA would not have the power to foreclose to collect liens.

On the other hand, if HOAs were truly “mini-governments,” then why wouldn’t HOA assessment liens – at least the portion payable for essential services – hold an equal or higher priority than property tax liens?

So many contradictions and double standards, none of which benefit the homeowner.

(link to brief summary of new case law)

 

Before Buying That Condo in Mexico….

      1 Comment on Before Buying That Condo in Mexico….

So many people are buying retirement homes in Mexico. But before you make that leap, study a recent condo seizure by a court that ruled Americans have no rights in Mexico. This poor lady (linked below) spent hundreds of thousands of dollars for her Mexican condo. But a lien filed by the workers against the developer ended up in her losing everything.

Actually, this same kind of thing could happen in many countries. As an American, you have rights that no one else in the world possesses. Treasure those rights. Guard those rights. Be militant about those rights. And just remember the old saying: “Anyone who ever made a difference was once called a trouble maker.”

(link to story of confiscation of Mexican condo)

 

Screwy Stuff From This Former Texas Senator

      1 Comment on Screwy Stuff From This Former Texas Senator

I’ve written repeatedly about the ethics-challenged former Texas state senator John Carona. He’s the billionaire who owns a company that oversees about 9,000 Homeowners Associations across the country. And his rules for homeowner behavior are beyond bizarre.

One that still gets my goat is that a homeowner can be fined for the behavior of any guest who ‘intends’ on visiting his property. No kidding! A Home Depot truck was stopped for speeding. The fake officer asked where the driver was making his delivery. And that homeowner got fined because the Home Depot truck’s first stop was at that homeowner’s house.

Every time you think it can’t get any wilder, just hang around this website. It just gets crazier. I’m surprised more authors haven’t written fiction books about the HOA movement.

Stephen King, are you listening?

(link to two-part series on John Carona)

 

Memorial Day

      No Comments on Memorial Day

On this Memorial Day I was going to post a very personal video I did back in my TV news reporting days. However, this email came in from Col. Robert Frank of Nevada. I think it’s more powerful than anything I could have written.

Dear Nevada Legislative & Constitutional Officers:

Memorial Day 2015.  It is the time for all to honor the 2,893,818 American military members who were combat killed, wounded or still missing in action since this unique Republic and Battleborn State was formed.

Time to reflect on what we really mean when we tell living veterans “Thank you for your service”.  Time to think about what we living American citizens and citizens of the free nations of the world owe to those war veterans who wrote a blank check made payable to ‘The United States of America’ for an amount of up to and including their life.

Time to remember that we veterans and elected officials share the solemn burden of having signed the same oath of office to protect and defend the Constitution of the United States of America, “so help me God”.

In honor of all those war veterans who gave the ultimate sacrifices so we could be free, it would be most honorable if you would kindly take just a few minutes out of your very busy schedules to read and meditate upon the essence of an untold veteran story included with this email.

Even if you might have seen it or something like it before, I believe it will mean much more to you on this weekend, in this year, when so much of our freedoms and Constitutional Rights seem to be fading away.

Many thousands of citizens are praying daily for each of you to put aside your personal interests and receive God’s Grace and Wisdom as you complete your legislative session on behalf of Nevada citizens.  We are counting on you to support what is right for all citizens during the waning days of the 2015 session.

As you complete your work on so many vital policy matters, please remember to be faithful to the Judeo-Christian foundations of this Republic.  Never forget the almost 3 million who have selflessly died, were wounded, or went missing in action so that billions of unknown humans in the free world could have a chance to live as they choose.  And, please, always be mindful of the millions more who will inherit what survives from the fateful decisions made in this 2015 session.

May each you have a blessed and safe American Memorial Day, and be ever faithful to your public duty and the historic purposes of this solemn occasion!

Your friend,

    Robert Frank, Colonel, USAF (Ret.)


			

		
		
		
	


	

		
		

						

				Light At The End Of The Quivira Falls Tunnel
			

						
			
            

				

                	                  	    					   2 Comments on Light At The End Of The Quivira Falls Tunnel               

                
            

		

		
		
				
					
			

								
































guest blog by Nila Ridings


Today, I had lunch with one of the escapees from Quivira Falls Community Association. Sixteen years of his life was spent in this rotten hellhole. He finally walked away and let the place foreclose. Only to say today he wishes he had done it years ago.


He tried for years to see the financial records. Filing a pro se lawsuit produced no results. When it rained, the hillside between his and his neighbor’s front door washed mud all over his sidewalk. It was often times over an inch deep so walking to the door resulted in muddy shoes. The front door has big pieces of peeling paint to greet visitors.


A dead tree stood out front for a long time before somebody took a saw and cut it down leaving the stump to rot. His fence around the patio is falling down and missing pickets. The hillside behind it is all weeds.


This is the ‘quality’ of maintenance provided by Quivira Falls if you are one of the “pariahs” as a former board president called those she does not like in the community newsletter.


When this man tells the story about the “blow and go” paint jobs prior to my mistaken purchase into Quivira Falls, it’s hysterical. The board hired a painting company that sprayed the townhouses with paint; windows, screens, doors, and foundations included. One warm night after the “blow and go” he decided to open his second story bedroom window. One push and the entire window flew out and crashed onto the patio below. Fortunately, he had some carpentry skills and was able to install a replacement window.


After lunch we removed all of the new door knobs, light fixtures, tools, and other supplies from the garage. I will donate all of it to Habitat Restore tomorrow. At one time, he had plans to completely redecorate the inside of his unit, but finally accepted the fact it was a waste of time and energy. He stopped paying the HOA dues and mortgage payments. And gave up hope for better days in Quivira Falls. He set himself free of the insanity to live out the rest of his life in a rented apartment which he loves.


To help him walk away and never look back, I agreed to be the Power of Attorney and coordinate the foreclosure with the attorneys and mortgage company. Without any hassle, they were nice enough to give me a set of keys after they changed the locks. Imagine that: A foreclosure company is far more pleasant to work with than the Quivira Falls board members that are also neighbors! They asked me if they should expect the owner to protest the foreclosure and I said, “Oh no! That will never happen because he’s delighted that you are taking the place off of his hands!”


And the light at the end of the Quivira Falls tunnel is getting brighter for another escapee.