Category Archives: privacy

The Loss of Childhood Innocence

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Today, while driving to the Post Office in my old Denver neighborhood, I passed a little girl’s lemonade stand. She couldn’t have been more than eight years old but she was shouting at motorists like a professional carnival barker. Had I not been in traffic I would have pulled over and bought a cup. In fact, I may even go back tomorrow to see if she’s still there.

It brought back childhood memories of life at Ft. Sam Houston, Texas, where our home was located immediately across the street from a ball field where Army soldiers played softball every weekend. Mom taught us how to make and sell something she called ‘duros.’ It might have been a totally made-up name. I never knew. But a duro was Kool-Aid in a Dixie cup, a Popsicle stick in the center, frozen hard in our big basement freezer. In the hot Texas sun the softball teams lined up to buy duros from my little brother and me.

The coincidence of seeing today’s news story linked below was remarkable. An Overton, Texas cop has put a little girl’s lemonade stand out of business because she didn’t have a permit.

I’m glad I grew up in a more innocent age when political correctness wasn’t used to beat up little kids.

(link to East Texas Popsicle scandal)

 

The Wisdom of Solomon

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Some cracks are appearing in the Iron HOA Curtain. Psychologist Dr. Gary Solomon is making incredible strides in educating the masses. This one is worth sharing with everyone you know:

Child abuse by proxy

 

 

 

Disabled and living in an HOA?

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guest blog by Dave Russell

Each day I’m alerted to scores of cases where folks living in HOAs are denied reasonable accommodations for their disabilities. Some of these HOA denials are blatant violations of the Fair Housing Act, while some are not. I’m going to compare two recent cases that have grabbed the attention of the media. While both sound like truly legitimate cases, one homeowner did it right, and the other homeowner technically did it wrong.

Build it and they will come. The HOA that is!

After Michael Broadnax suffered a stroke late last summer, his wife became the head of the household. Charlotte Broadnax retrofitted her house with a small ramp so her husband could come home for rehabilitation. Now, the homeowners association for the Woodlands of Copperstone is threatening to sue the homeowners over the ramp.

Sounds like a clear-cut-case of a fair housing violation? The answer here is NO. Fair Housing allows for a reasonable accommodation, but you must ask your housing provider first. Yes, under the Fair Housing Laws, HOAs are considered ‘housing providers.’

“A resident is not entitled to receive a reasonable accommodation unless he/she asks for one.” (Nolan v. Starlight Homeowner Association)

In this case the homeowner just put up the wheelchair ramp and didn’t inform the HOA first. Of course the HOA will claim they had no idea Mr. Broadnax had become disabled. For all the HOA knows, the ramp could have been placed there just for the hell of it. Well, that’s what they’ll probably claim.

(link to KPHO story on wheelchair controversy)

Doing it right

Shawn Seekings has a disabled son, and he needs a fence to accommodate his boys disability. Unlike Charlotte Broadnax, Mr. Seekings made a reasonable request to the HOA to accommodate his son’s disability. Shawn Seekings did everything right, he asked the HOA for a reasonable accommodation and even backed it up with a written request from a neurologist. Mr. Seekings was smart-enough not to put up the fence first and then ask his HOA for the reasonable accommodation.

The HOA in Mr. Seekings case will probably face a Fair Housing violation for denying the fence. Not only is this my professional opinion, it’s also the opinion of Florida attorney S. David Cooper. I can almost guarantee the Esprit HOA and their management company, Melrose Property Management, are going to get slapped with massive fines and settlement costs by HUD.

(link to story on fence battle over autistic child)

Knowledge is power! Especially when battling it out with your HOA over Fair Housing Laws. Make sure you fully understand your rights under the Fair Housing Act.

(your rights under federal housing law)

 

What a Great Place for a Banker!

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I told you last year this was coming. John Carona, the Texas State Senator who lost his seat in the last election would be buying some banks. During his years in the Legislature he was criticized for writing, lobbying for and passing laws designed to benefit the HOA business.

Carona tightly controls more than 8000 Homeowners Associations through his company, Associa, making him the largest HOA management firm in the country. Residents of many Associa HOAs have complained bitterly about how difficult life is in these beige compounds. Last year a newspaper talked about how Carona was buying up unrelated businesses surrounding his compounds making it difficult for homeowners to shop at non-Carona controlled firms.

The natural second-line business model would have him in significant industry like banking, where he could make loans available to all the homeowners he controls.

(link to Dallas News story on Carona’s plunge into the wonderful world of banking)

He also waded into the self-publishing business last year with a book about how great HOA life is. What’s most interesting is the negative reviews on his Amazon page.

 

 

A Dark Cloud Over St. Cloud, Florida

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guest blog by Nila Ridings

First a little back story about the connections we are making in our fight for justice in HOAs. This time our focus is on a boy in the ESPRIT HOA near Orlando, Florida.

A few weeks ago I was reading a story that was posted on Facebook about an HOA issue. Many comments were made but one stood out for me. It was a man stating his son had special needs and the HOA was refusing to allow a fence around their back yard. I responded to his comment by mentioning he should talk to Dave Russell. Shortly thereafter, Dave Russell came across my comment and took the time to send his personal phone number to the gentleman.

Once Dave talked with Shawn Seekings and learned his son has Asperger’s Syndrome, ADHA, and Epilepsy and his wife, Kristin is pregnant, he took action. As we all know, Dave Russell is a property manager in Arizona and understands the laws pertaining to fair housing and he has connections to the media. Shawn knows the fair housing laws as well. He had already contacted the government agency that he hoped would give him some assistance. But time is of the essence because Kristin is not able to chase the child since he moves much faster than her these days.

The HOA will only allow an open-spaced wrought iron fence. Shawn knows his son will scale that fence and be at risk with the alligators in the water directly behind their house. He has a letter from his son’s doctor outlining his conditions and the need for a vinyl fence. The vinyl would be a surface his son could not climb up and over. On the other side of the HOA the homeowners have vinyl fences, but next to the alligator pit they only allow wrought iron.

I know. I know. It makes no sense to me either! After seeing a video of an alligator that took one bite and removed the plastic bumper from a truck I would want an eighteen inch thick concrete wall around my yard!

In an HOA the rules are the rules and the dictators on the board always follow them except when it applies to them or one of their cronies. They fail to recognize HOAs cannot legally override or violate a federal law. According to attorney S. David Cooper this HOA is violating the Fair Housing Act. The attorney for the HOA will not return phone calls. And, now another child that just needs to go outside and play remains in the middle of an HOA battle!

A special thank you to Louis Bolden of WKMG6 for reporting this story. Long ago we learned the only way to solve HOA issues without nasty expensive litigation is to turn the cameras on and have the reporters take control. I laughed when the property manager decided she should give the reporter some advice to which he responded he didn’t need any advice!

HOAs…they are a guaranteed headache!

(link to Orlando Sentinel article on autistic child’s treatment by HOA)