Category Archives: privacy

What do you do with a Naked Neighbor?

guest blog by Dave Russell (Arizona community manager)

While HOAs are usually the most disastrous organizations ever created, can they ever really be useful? Well the residents in the Cardinal Glenn Homeowners Association, in North Charlotte, NC are hoping their HOA will soon come to the rescue.

Seems this HOA has a major issue with one of their kookie residents and can’t get any help from city leaders or the police. It seems that one of Cardinal Glenn’s residents likes to wear his birthday-suit while standing outside of his home talking on his cellphone. This, according to the neighbors.

           Edited version of photo neighbors took of the man standing at his door.
Unfortunately, North Carolina law doesn’t prohibit neighbors from running around in the buff, as long as they stay on their own property. That’s right, it’s perfectly legal to expose yourself to the children in North Carolina.

But City Councilman Gregg Phipps, who has to be an HOA board member somewhere, came up with a great solution. The esteemed councilman says the HOA should go after the cell phone streaker because they can enforce some nuisance provision in their CC&R’s. Have I mentioned that the naked guy has been doing this for ten years? This HOA is fully aware of the situation.

Now, depending on how receptive the HOA is to the councilman’s ‘solution,’ it’s going to cost the homeowners plenty of money to take their nudist to court. With NC saying it’s perfectly legal to display your ‘goods’ on your own property, it’s going to be a stiff fight.

I’m now thinking that Councilman Phipps is just as big a nut-job as this naked weirdo. Does Phipps even know how much those legal fees can add up to? When the dust clears, homeowners could be hit with a huge special assessment.

You’d think a problem solving councilman could have come up with a new ordinance prohibiting naked cellphone calls.

 

Some HOA Humor from Florida’s Jan Bergemann

FLORIDA-FRIENDLY LANDSCAPING?
HAVING FUN?

 

Opinion By Jan BergemannPublished March 1, 2015
All over Florida we see lawsuits popping up against owners who use the laws established in  2009 by the Florida Legislature [FS 720.3075 (4)(a) and FS 373.185] to change their landscaping to preserve water and avoid heavy fertilizing with dangerous chemicals. There was reason this law passed — and the folks insisting that the original rules of the community have to be obeyed by should finally realize that Florida-Friendly Landscaping can look as well very pretty, sometimes a lot nicer than a boring green lawn.But since laws obviously haven’t changed their minds yet, maybe some humor will?Here it goes:

GOD and LAWN CARE

GOD to ST. FRANCIS:

Frank,  …  You know all about gardens and nature. What in the world is going on down there on the planet?  What happened to the dandelions, violets, milkweeds and stuff I started eons ago?   I had a perfect no-maintenance garden plan. Those plants grow in any type of soil, withstand drought and multiply with abandon. The nectar from the long-lasting blossoms attracts butterflies, honey bees and flocks of songbirds. I expected to see a vast garden of colors by now. But, all I see are these green rectangles.
St. FRANCIS:

It’s the tribes that settled there, Lord. The Suburbanites. They started calling your flowers ‘weeds’ and went to great lengths to kill them and replace them with grass.
GOD:

Grass? But, it’s so boring. It’s not colorful. It doesn’t attract butterflies, birds and bees; only grubs and sod worms. It’s sensitive to temperatures. Do theseSuburbanites really want all that grass growing there?
ST. FRANCIS:

Apparently so, Lord. They go to great pains to grow it and keep it green. They begin each spring by fertilizing grass and poisoning any other plant that crops up in the lawn.
GOD:

The spring rains and warm weather probably make grass grow really fast. That must make the Suburbanites happy.

ST FRANCIS:

Apparently not, Lord. As soon as it grows a little, they cut it-sometimes twice a week.
GOD:

They cut it? Do they then bale it like hay?

ST. FRANCIS:

Not exactly, Lord. Most of them rake it up and put it in bags.
GOD:

They bag it? Why? Is it a cash crop? Do they sell it?
ST. FRANCIS:

No, Sir, just the opposite. They pay to throw it away.
GOD:

Now, let me get this straight. They fertilize grass so it will grow. And, when it does grow, they cut it off and pay to throw it away?
ST. FRANCIS:

Yes, Sir.
GOD:

These Suburbanites must be relieved in the summer when we cut back on the rain and turn up the heat. That surely slows the growth and saves them a lot of work.

ST. FRANCIS:

You aren’t going to believe this, Lord. When the grass stops growing so fast, they drag out hoses and pay more money to water it, so they can continue to mow it and pay to get rid of it.
GOD:

What nonsense. At least they kept some of the trees. That was a sheer stroke of genius, if I do say so myself. The trees grow leaves in the spring to provide beauty and shade in the summer. In the autumn, they fall to the ground and form a natural blanket to keep moisture in the soil and protect the trees and bushes. It’s a natural cycle of life. 

ST. FRANCIS:

You better sit down, Lord. The Suburbanites have drawn a new circle. As soon as the leaves fall, they rake them into great piles and pay to have them hauled away.
GOD:

No!? What do they do to protect the shrub and tree roots in the winter to keep the soil moist and loose?
ST. FRANCIS:

After throwing away the leaves, they go out and buy something which they call mulch. They haul it home and spread it around in place of the leaves.
GOD:

And where do they get this mulch?
ST. FRANCIS:

They cut down trees and grind them up to make the mulch.
GOD:

Enough! I don’t want to think about this anymore.

St. Catherine, you’re in charge of the arts. What movie have you scheduled for us tonight?

ST. CATHERINE:

‘Dumb and Dumber’, Lord. It’s a story about….
GOD:

Never mind, I think I just heard the whole story from St. Francis.

 

ARE WE HAVING FUN YET?

Being an HOA Board Member Could Get Dicey!

There’s a case awaiting a decision by the U.S. Supreme Court that could increase the risk for individual HOA board members and property managers. It involves passive and overt discrimination against certain protected classes. Overt discrimination needs no explanation. But passive or indirect discrimination, which often happens when no one intentionally means to discriminate, can lead to huge lawsuits and massive judgments against individual board members and homeowners. More and more protected classes have been filing lawsuits based on easier-to-prove passive discrimination.

If the Supreme Court declines to narrow the scope of federal discrimination laws then Katy bar the doors. Passive discrimination happens all the time in Homeowners Associations and it can only encourage more plaintiffs to make such claims. Insurance companies usually won’t pay for legal costs or judgments under federal or state discrimination laws.

When they begin to realize their personal liability HOA board members all over the country might start fleeing like rats from the Titanic. And many neighborhoods may decide to dissolve their HOAs forever.

The article linked below explains it far more intelligently than I did.

(pending Supreme Court decision)

(link to a prime example of the kinds of lawsuits that could start flying)

 

A change of heart for one HOA President?

guest blog by Deborah Goonan

Every once in a while, the unexpected happens.

Remember David Schneider, the former president of McKamy HOA, Dallas, Texas? He was the one who sued a small Jewish congregation and the owners of a home in the HOA, arguing that using the home for Jewish religious services was against HOA restrictions. The local judge dismissed that case about a month ago.

Then the City of Dallas sued the Congregation, citing city requirements to make $200,000 worth of improvements to the property in order to obtain a certificate of occupancy. Without the Certificate of Occupancy, the Congregation faces steep fines, and may be forced to find another location for worship after all.

The following day, someone painted swastikas on the Rabbi’s vehicle and a fence, and that was deeply upsetting to the Rabbi and his followers.

Well, now the HOA, apparently led by Schneider, is offering a $1500 reward to help apprehend those who painted the hateful symbols.

Could it be that Schneider has truly had a change of heart?

(link to story on TheBlaze)

Welcome to Paradise…for Criminals!

guest blog by Deborah Goonan

Would you be comfortable living in a condo where the Manager, arrested for theft and forgery, remains employed and in charge of your condo association’s $1.2 million budget? What would you think if you discovered your Association’s payroll includes at least two other unlicensed professional staff members that have been convicted of crimes, including stealing $400,000 from another condominium association?

Would you be spooked if you returned home one day to discover your new stainless steel kitchen appliances have mysteriously disappeared, and, in their place, someone installed old beat-up appliances?

Residents at Kennedy House condominium in North Bay Village (FL) are dealing with this nightmare. They tell Channel 10’s Bob Norman that even the local police chief has been unhelpful. North Bay Village Manager has recently fired that police chief and now promises to see to it that there is a full investigation of reported crimes.

Kennedy House is a renovated 1950s-era building in North Bay Village, a man-made island in the Biscayne Bay near Miami, featuring 1 and 2 bedroom units with sweeping water views. It’s the kind of Paradise northerners dream about, especially after a brutal winter like this season.

A search of recent listings reveals that Kennedy house condos are priced “affordably” under $250,000. Unit owners currently pay $400-$600 per month in Association fees.

Ouch. And just how much of that was squandered or stolen? That is yet to be fully investigated.

It seems both Florida and Nevada definitely rise to the top of the list for corruption in HOA Land. Folks, these reports are published daily. It’s getting to the point where it’s hard to choose which one(s) to blog about.

(link to TV news story uncovering corruption)

(accused felons: they’re back on the job!)