Category Archives: privacy

From The Belly Of The HOA Beast

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Community Associations Institute (CAI), the organization that ‘pretends’ it helps HOA homeowners while in reality it’s a referral agency for lawyers, managers and others who insist that fines, lawsuits, liens and foreclosures are good things, is showing some ‘distressing’ news to HOA insiders. It’s a graph that shows a slowing in the growth of people living in Homeowners Associations.

There’s an obvious reason to like this graph. HOAs have done themselves no favors by getting aggressive against homeowners they don’t like. As many reading this forum know, many HOAs have turned neighborhoods into seething battlegrounds where neighbor fears neighbor, and the act of being friendly can get you sued.

Population in this country is growing, but HOAs are losing their enthusiasts. To me, this graph says that more and more prospective homeowners are telling Realtors, “Do not show me ANYTHING in an HOA!”

 

The Virginia HOA Power Grab

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There was an interesting column from a blogger a couple of weeks ago about the bizarre proposed legislation in Virginia that would allow HOAs to fine ANY homeowner for ANYTHING as long as the CC&Rs didn’t specifically ban such fines. It has to be one of the biggest proposed power grabs in history. The column is fascinating and worth reading, in that it was written by an HOA president who opposed this fascist piece of legislative work.

But what really caught my attention is this columnist’s belief that this piece of legal outrage is supported by Republicans who traditionally oppose big government.

I’ve raged on in my own blog and my book that opposition to HOA dictatorships is not a Republican/Democrat/Left/Right issue. It’s about the rights of American homeowners to be left alone. It’s about the First Amendment, the Second Amendment, the Third, the Fourth, Fifth, Thirteenth, Fourteenth… the whole danged Constitution.

If Republicans in Virginia are pushing this bill then shame on them. If Democrats don’t have the guts to stand up to this then shame on them. If the brainless center-aisle legislators don’t have the stomach look with suspicion at the bill’s content, then shame. If this bill makes its way to the Governor’s desk, then the whole stenchy lot of these politicians should be frog-walked into the U.S. Supreme Court. I wonder what the court split on the constitutionality of this law would be?

Actually, that’s a little scary to think about.

(link to Virginia blogger)

 

Structural Engineers Wail Warnings About HOA And Condo Design Projects

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guest blog by Nila Ridings

In the same way homeowners are getting wiser and wiser to the nightmares of HOAs and condo associations so are the engineering professionals who get caught in the very early stages of this insanity. The HOA attorneys are wiping them out, too.

I love it when “insiders” open the can of worms on corruption.  This time it’s the structural engineers and their insurers sounding the alarm about working with architects and developers on condominium projects. And their insurance agents are giving them a “heads up” on how to protect themselves against the inevitable HOA lawsuit.

Reading between the lines it seems they’re saying, “Run from condo projects! HOAs and condos are a pain in the neck to deal with even in hard times when work is scarce! Don’t let the pockets of your engineering firm be the deepest ones in the courtroom” is the message I’m hearing.

It’s disgusting to see the vast numbers of people who are being harmed by this entire HOA and condo association mess. I think we should invite the structural engineers to join our activism. They can relate to the pain and suffering that homeowners are going through… and the fear of the inevitable legal battles with the HOA attorneys.

(the legal risk of working on a condo design)

(And another good link:)

 

Hogtied & Hammered By Transfer Fee!

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I knew it was coming. I just didn’t realize how massive the damage would be. It’s huge.

Some close friends just sold their HOA home in Highlands Ranch, Colorado. Before they could sell their house they had to come up with $10,000 at closing, much of that for a Transfer Fee. The Realtor didn’t warn them (they rarely do). Despite me writing Neighbors At War, and doing this blog nightly, these friends just didn’t understand what was coming. It’s hard for younger folks to listen to the ‘old man.’ I’m embarrassed to say that at their age I never listened to my own ‘old man’, either.

But these friends had counted on that $10,000 to help with the down payment for a new house (again, in an HOA!). In their position I would be seething with bitterness.

Dear Readers, Colorado Realtors stood silent when Homeowners Rights advocates tried to convince State Legislators that Transfer Fees are fundamentally unjust and illegal. Just three years ago the state passed a law which actually declared transfer fees to be illegal (except in Homeowners Associations). Why the exception for HOAs? Well, just a single HOA lobbying group takes in 55 billion dollars a year. How in Hell does an insider industry group NOT use that kind of money to ‘buy’ legislation?

Shame on the corrupt HOA lobby. Shame on the greedy legislators. Shame on the Realtors who stood silent when they could have made a difference.

I really think our rising movement should take aim at Realtors. They make 7% on a home sale. On a $400,000 house that’s $28,000.  All homeowners should begin demanding that Realtors agree IN WRITING that they will pay the cost of all transfer fees. You don’t agree? You don’t get the listing.

Maybe those Realtors will join us at the Legislature next year.

Virginia HOAs Fighting For Unlimited Power

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Just about every time you think it can’t get worse, it does.

The Virginia Legislature is considering a bill that would essentially allow Homeowners Associations to fine homeowners for almost anything, even if those ‘violations’ are not mentioned in the original deed restrictions or CC&Rs.

Wanna fine a homeowner who’s too fat? No problem under this law.

Wanna fine a homeowner with a handicapped kid? No problem. Just guise the fine as one being levied against an ugly resident. Handicapped kids have federal protection. Ugly kids do not.

Of course it all sounds outrageous. But this bill has already passed the Virginia House and is probably headed for further successes in the Senate and Governor’s Mansion.

And what’s a victim of an out-of-control HOA supposed to do? He or she has to hire a legal team and file a lawsuit. They’ll win in court, of course, but only after spending several hundred thousand dollars in legal fees. It’s guaranteed employment for lawyers.

Dear Lord God, where are we headed?

(link to Washington Post story)