Category Archives: privacy

HUD Cracks Down on Housing Discrimination Against Disabled

      1 Comment on HUD Cracks Down on Housing Discrimination Against Disabled
guest blog by Deborah Goonan

It saddens me that housing discrimination against the disabled is so common. An apartment complex, an independent living facility, and two HOAs are among four offending housing providers in HUD’s early November report.

From denial of an accessible parking space, to reluctance to provide wheelchair access; from denial of an emotional support animal, to terminating residency after short-term hospital stays, management of these communities continues to find ways to try to skirt around the law.

“We continue to see more cases of discrimination against persons with disabilities than any other type,” said Gustavo Velasquez, HUD’s Assistant Secretary for Fair Housing and Equal Opportunity. “It is unacceptable that individuals with disabilities have to fight for the opportunity to live where they want, or to have reasonable accommodations extended to them so they can enjoy their dwelling. The cases we’re announcing today reflect our ongoing commitment to leveling the playing field for all Americans when it comes to housing.”

In 2013, almost 54 percent of the complaints filed with HUD (4,426) alleged housing discrimination based on disability.

The stark reality is that most of us will face disability at some point in our lives. For some of us, it may be temporary. For others, it may be a long-term progressive health condition that leads to limited mobility, depression and anxiety, or limited mental capacity.

Therefore, shouldn’t we all be compassionate and understanding? No one guarantees that life will be tidy and convenient for the disabled, their families, their neighbors, or the managers of their housing developments.

It is truly a silver lining that at least our Federal government still takes a role in enforcing fair housing laws. In fact, it seems as though filing a fair housing complaint is the only way to get some HOAs to comply. What a shame that some HOAs are so willing to waste assessment dollars and cause so much suffering in the process.

(link to housing discrimination news release)

Something Stinks In This Washington State HOA!

      2 Comments on Something Stinks In This Washington State HOA!
guest blog by Deborah Goonan

Ruth Crompton and her neighbors recently discovered that 7,000 gallons of raw sewage has been discharged into their storm sewer vault over the past 9 years. It seems that someone, presumably the defunct developer, mistakenly connected Crompton’s black sanitary sewer pipe to the white storm sewer drain. Big “Oops!” The error was recently discovered by the County’s Surface Water Management Division.

Crompton and her neighbors want to know why the County inspector signed off on the plumbing project at the time of construction. Not willing to accept responsibility, the County claims that perhaps a bad repair was made sometime after the County inspector approved the work.

Snohomish County officials insist that Crompton and five neighboring homes belong to an inactive HOA, and that homeowners are now responsible to pay for the cleanup, at a total cost of $15,500. If owners do not comply, they could face additional fines up to $5,000 each. The crazy part is, Crompton and her neighbors never knew about the small HOA. It was never discussed prior to sale, and, without a Board, they have never paid any assessment fees. County records indicate that the community was created as Starlight Park Condominiums. The six homes share a driveway, and, even though the now-bankrupt developer never funded the HOA, owners are just discovering they must share the cost of maintaining their common drainage system.

Ms. Crompton plans to fight against paying for what she believes is the County’s error and responsibility.

Never mind the apparent inspection blunder at the time of construction. Since this HOA never got off the ground, shouldn’t the County step in? And why did it take the County 9 years to discover the problem? Obviously, the County and water management authorities approved construction permits for the developer, who turned out to be somewhat of a dud. Why should the owners – who are truly victims of circumstance – pay for the errors and incompetence of the parties who were responsible for construction from initial permitting to issuance of a certificate of occupancy?

The Ombudsman’s explanation: well, if these owners don’t pay for the cleanup, the County will face sizable Federal stormwater fines, and the taxpayers will have to foot the bill. Sounds like someone is passing the buck – literally.

I predict that County taxpayers WILL pay for the inevitable lawsuit brought by Crompton, and they may also be unable to avoid the federal fines. Wouldn’t it be less expensive, easier, and fair for the County to simply take care of the problem it helped to create?

(link to Herald Net article about sewer system cleanup)

Indiana D.A. Threatens Lawsuit Against HOA Over Flag Dispute

      3 Comments on Indiana D.A. Threatens Lawsuit Against HOA Over Flag Dispute
guest blog by Deborah Goonan

Finally, some common sense prevails in an Indiana flag dispute, thanks to intervention by Hancock County Prosecuting Attorney Michael Griffin.

In an October 23rd letter to the Fieldstone HOA Board of Directors, Griffin strongly urges the Association to resolve its dispute by November 1, or face legal suit to stop enforcement of penalties against the Willits household.

Check out the link to Griffin’s letter below, in which he states, among other things: “In summary, the association does not have a legally‐sufficient “substantial interest” invoked by the Willits’ display. Under the Flag Act, without a “substantial interest,” the association cannot regulate the Willits’ flagpole and American flag.”

And, furthermore, that “Aesthetic preference is not a legally‐sufficient “substantial interest” of the association with respect to American flag display, and I know of no other reason for an association to distinguish between flagpoles attached to the facade of a home and free‐standing flagpoles.”

By October 29, the matter was resolved. The Willits’ flag can stay; pole and all, including the POW-MIA flag. Fox 59 news reports that a compromise deal has been reached. The Willits will have to remove the flag and flagpole in the future when their house is sold.

The dispute dragged on for months. Griffin became involved after the story received national attention in the media.

Although the dispute is officially resolved, and the Willits received hundreds of phone calls of support, some of their neighbors have sent them anonymous hate mail, and Board members have also received threats.

What price, happiness in your HOA?

ps: Perhaps in Florida, Duval County Prosecuting Attorney can follow Griffin’s lead, with regard to Larry Murphree’s flag dispute with Sweetwater by Del Webb Master HOA?

(link to Fox 59 television news report on flag dispute)

(link to letter from Prosecuting Attorney Griffin to Fieldstone HOA Board)

 

Another Flag Fight

      2 Comments on Another Flag Fight

It always saddens me to see these stories. But with the number of flag fights going on around the country, is it any wonder that many of us think of the HOA movement as fundamentally anti-American? The latest is the Fieldstone Homeowners Association in Greenfield, Indiana.

(another veteran slammed for his flagpole)

 

Nevada ‘Mouth’ Moves Again

      2 Comments on Nevada ‘Mouth’ Moves Again

Ah, Barbara Holland, how we love thee! Ms. Holland, who writes a column in the real estate section of the Las Vegas Review-Journal, complains about a recent guest blog that lists some of the complaints against her: One is that she gets paid for writing her newspaper column which is massively biased in favor of Homeowners Associations.

Ms. Holland, who describes herself as the “Dear Abby of Homeowners Associations,” will never deny that writing her newspaper column has made her very rich in the real estate business. Her ‘voluntary newspaper column’ is the kind of self-promotion that every entrepreneur dreams of. Whether she gets paid ten or twenty bucks per column by the newspaper is absolutely immaterial. Barbie Baby, you started piling up your millions in the property management and Realty business the day your first column was published. In the most corrupt real estate market in the nation, most honorable people would be scared to death to identify themselves as being the “Dear Abby” or “Dear Ann Landers” of anything HOA related.

But all of that is petty infighting and beyond the point. The issue at hand is the stupidity and short-term thinking of the Nevada Supreme Court which ruled that an HOA’s Super-Priority lien could extinguish the mortgage company’s first deed of trust. Bottom line: thousands of Nevada homes that are in crisis can be snatched up by real estate bottom feeders who grab homes for a couple thousand bucks at auction, and flip them for hundreds of thousands of dollars each. A windfall profit. A disaster for those in the mortgage business. And Barbie tells us, “No big deal.”

In fairness to Barbie Baby, here’s her latest take on the subject:

(link to Barbara Holland’s column on Nevada court decision)

Now that “Dear Nevada Abby” has spoken, let’s look at some totally different conclusions made by far more astute financial folks at the Wall Street Journal, reporters like Joe Light (joe.light@wsj.com). The link below sometimes asks for a registration, but any good Internet researcher can find a way around that.

(link to WSJ article on Nevada mortgage mess)

(link to parallel article in Bloomberg News)

Now, to you, Dear Reader. Do we believe in dear ‘Self-Interest Nevada Abby?’ Or the financial folks on the national scene who are actually talking to the nation’s lending institutions about all the impending consequences?