A few months ago, a County Judge dismissed a case brought by Highlands of McKamy HOA against the Toras Chaim congregation. The small Orthodox Jewish congregation thought its battle was over, and then the City of Dallas sued the congregation over permit violations. That case is still pending.
Now, the same HOA community is back in the news, this time regarding a dispute between a homeowner and the Association over a brick wall that was inexplicably torn down, without notice, from the rear border of his yard. That left the affected homeowner’s back yard wide open to a busy road and nearby railroad tracks, significantly increasing noise levels and eliminating privacy.
Yet another case of shoddy construction, this time a failing storm drain and a sinking retention pond in Michigan. Over several years, homeowners of Windridge Estates HOA have experienced cracked foundations and basement windows, shifting soil in their back yards, and movement of retention walls, as the shoreline of the nearby pond crumbles into the water.
The HOA lacks the means to make the needed repairs, so the City of New Baltimore has agreed to “help” by setting up a special assessment district, in order to collect $1.45 million from homeowners over the next 10 years. Each lot will ultimately be taxed roughly $6500.
One often thinks of the people of Utah as being more patriotic than those in many other states. But Homeowners Associations in Utah can be just as ugly as elsewhere.
The Spring Creek Ranch HOA in Lehi, Utah, is ordering the wife of an active duty Navy man to remove the U.S. Navy flag from her home. Lucia Sandoval is being threatened with a fine and lawsuit because she had the temerity to put up her patriotic display. She says she intends to fight, but that probably means massive legal expenses for her and her family.
From the state that brought us the largest HOA federal fraud investigation EVER, now this:
Ira Hansen, a Nevada Republican Assemblyman, recently filed AB233, a proposal to repeal NV Statute 116, the statute governing homeowners’ associations. The intent, according to Hansen, is to delegate regulation to a lower level state agency, such as a commission on HOAs. Nevada HOAs are currently regulated by the Nevada Real Estate Division (NRED).
The reason for this proposed change? Essentially, according to Hansen, HOA disputes are too much trouble, the issues too “minor” to bother with! If you read the attached news release, the insinuation is that all HOA issues involve rules over flying the flag or other aesthetic concerns.
If you want to find out for yourself how monstrous HOA legislation can be, you need look no further than Michigan.
This state has just passed a law the shields non-profit boards of directors from all liability and accountability. Whew! All? Homeowners Associations, Condo Associations, Co-ops are all non-profit corporations. They handle all our money, they casually throw around our home equity and our life savings, and they’re now exempt? What hath God wrought?
Read the link below and weep.
And remember the words of Gideon J. Tucker and Samuel Clemens: “No man’s life, liberty or property are safe while the Legislature is in session.”
