Category Archives: racketeering

Laughably Unconstitutional

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Lots of HOAs have tried to ban expressions of Free Speech. Some have discovered, to their chagrin, how expensive it is to flout the Constitution by forbidding campaign signs, religious symbols in windows or Mezuzahs on door jambs. In one famous case an elderly gentleman who stopped on his lawn to talk to two elderly women was cited for holding an unlawful assembly. Cases like that go to the Supreme Court where the lawyers make hundreds of thousands of dollars.

All that being said, you have to wonder at the idiocy of city leaders in South Pittsburg, Tennessee who decided to forbid all city employees from making negative comments on social media about other city employees, or about the city itself. Criticize your government? Go to jail!

Last night I was repeatedly brought to tears by a movie called American Violet. I would recommend it to every American of every race and religion. As a TV reporter I’ve been on many police raids and I’ve (not often) but occasionally seen physical abuse of suspects that troubled me. I’ve been in courtrooms and have seen plea bargains that greatly troubled me. This movie showed me why I had reason to be troubled.

An attorney friend of mine once told me, “A right not exerted is a right soon lost.” He wasn’t the originator of the quote. But we all should claim that quote as the guiding principle of our lives. We live in a great country. Memorize your rights. Get it clear in your mind who grants you those rights. And shout your rights from the mountaintops.

(link to story about banning Free Speech in Pittsburg, Tennessee)

 

Bombshell Lawsuit in Nevada

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You’d think developers and Homeowner Association boards would think twice about harassing anyone with a Brooklyn accent. If a kid grows up on the mean concrete streets playing stickball with a broom handle and a pink Spaulding ball, you’d think he’d be a good person to stay away from. Make nice. Don’t be a jerk.

Jonathan Friedrich, now a homeowner in Nevada, has filed a humdinger of a lawsuit. It’s got lots of twists and turns, so I won’t attempt to describe it. But here’s his lawsuit for your reading pleasure.

(copy of Friedrich lawsuit)

 

How to be a Renegade in your HOA

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guest blog by Deborah Goonan

In the festive spirit of the season, I thought it was time for a little HOA Humor. Here’s my list of how to have a little fun, stir up a bit of conflict, and make yourself infamous in the eyes of your HOA Board. Warning: could be hazardous to your health and your bank account. In the comments section, feel free to add suggestions of your own!

Paint your front door purple, without getting approval from the architectural control committee.

Leave your garbage can out on the curb more than 24 hours after trash pick up.

Swap out your thirsty landscape for a xeriscape. Or plant herbs or vegetables.

Fly the American flag, upside down, on a pole that is 6” too tall.

Display the wrong kind of plants or “unauthorized objects” in your flowerpot on your porch or patio.

Hang window coverings that are any color other than pure white on the side facing outside.

Allow children to play in the yard, and leave some toys on the front lawn.

Refuse to submit a DNA sample of your pet pooch.

Ask to see financial documents.

Insist that the Board get at least three competitive bids for contracts, instead of going with the same contractor, year after year, despite poor service.

And, finally, display the holiday décor of your choice, even religious symbols, inflatable snowmen, and blinking lights!

David Beats Goliath: Eminent Domain Land Grab Squashed!

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guest blog by Deborah Goonan

Here’s more positive news for homeowners, just in time for the holiday season.

Residents of homes in Pleasant Ridge, Charlestown, Indiana, have good reason to celebrate this year. They fought City Hall, and won! A few months ago I blogged about the Mayor of Charlestown declaring the modest neighborhood of 345 homes “blighted” and planning to sell the land to a private developer. That would have meant all the existing homes would be razed to make way for new development of multifamily homes.

Institute for Justice has been working with citizens in a grass roots campaign to defeat the planned sale. It turns out that Indiana was one state that amended its eminent domain laws in 2006, in response to the well-known Kelo v. City of New London “Little Pink House” legal case. Indiana’s law now states that land cannot be taken and handed over to a private developer.

What do we take away from this story, combined with the recent news of the NJ’s Supreme Court’s decision to uphold free speech in common interest communities – a huge victory for HOA homeowners?

Grass roots pressure works, when properly organized. Our State Constitutions matter! States can strengthen their own Constitutional laws to prevent Developers and Real Estate corporate interests from exploiting loopholes and running roughshod over the interests of Ordinary Citizens. In both of these cases, it was legal advocacy – not political advocacy – that resulted in justice being served.

Local politicians in Charlestown fell in line when public pressure reached critical mass, with the help and guidance of advocacy group IJ, possessing legal clout and credibility to get the job done.

A tenacious retired prosecutor was determined to defend his rights. The ACLU in New Jersey stepped up to the plate, and submitted an Amicus Brief that blew CAI’s legal arguments out of the water.

Despite all of the political polarity we have in our country these days, note that positive changes are happening with bipartisan advocacy efforts – the “Conservative” Institute for Justice, and the “Liberal” ACLU.

When concerned Americans unite against injustice, in ways that are constructive, good things happen!

What are your thoughts?

(link to IJ news release: Largest Eminent Domain Land Grab Defeated

 

Beware the Coming Building Craze! Caveat Emptor!

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Canadians often seem much more polite than Americans, but the BBC documentary linked below is one that everyone on this blog should watch. Downtown Toronto has been devastated by defective construction in many of its high-rise condo towers. The U.S. government is following the exact same political path as the governments of Toronto and of Canada have been following over the past seven years.

With the inevitable world financial collapse that’s coming, many building shortcuts are going to be overlooked in the U.S.. Massive construction projects will be seen by our government as an escape valve against the housing market bubble. Thousands of people in rapidly expanding financial markets like China and Dubai will be buying newly built American condos without ever making a personal visit or inspection. And American building inspectors will be ordered by their bosses to overlook common sense building regulations.

This blog is all about protecting you. My guest bloggers put a lot of work into researching and writing about certain subjects to protect you, the homeowner. But believe me, we’re getting pressure from the CAI cacophony and the realty folks and property managers. We make no money on this blog by encouraging our followers to be cautious in their investing.

Caveat emptor.