Category Archives: Realtor

Important Post as the 4th of July Approaches

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The Homeowners Association movement is rife with hypocrisy. This truth was demonstrated in a recent Illinois Supreme Court case, Spanish Court v. Carlson. The Illinois Supreme Court has made some goofy decisions on HOA issues in the past, but this one was spot-on. It essentially ruled that homeowners can withhold dues if the HOA isn’t fulfilling its contractual obligations to homeowners.

Community Associations Institute (CAI) makes billions of dollars by pretending that Homeowners Associations are exempt from annoying and petty requirements of the U.S. Constitution because they’re not real governments. They’re private non-profit corporations.

On the other hand, CAI argues that it needs the right to break into private homes to force homeowners to pay dues (taxes). And just like government, it needs to collect dues (taxes) to pay for common amenities, even if it fails in its contractual duties to maintain those amenities. Wild, huh?

Arizona’s HOA expert, George Staropoli, has an excellent analysis of this ‘friends of the court’ brief filed by the CAI. It’s a quick read, but important. It potentially means that the CAI’s hypocrisy is finally being recognized.

Please, please, take a few moments to consider George’s post.

http://tinyurl.com/pn3eguy

Then, tell everyone on your email list to read it as well. It looks like some homeowners are actually beginning to win back some of the Constitutional rights they’ve lost to the national HOA scam.

BTW, be sure to click on the link at the bottom of George’s post. It’s a more in-depth analysis of the Illinois decision.

Throw Christians To The Lions!

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Don’t think for a moment your HOA has any sympathy for your religious views. Across the country there’ve been plenty of homeowners who were forced to shut down their Wednesday night Bible studies because it meant one too many cars parked on the street or the driveway.

In Katy, Texas, a young lady named Meagan Schmidt joined a church a few months ago. She says the church changed her life so much that she wanted to tell others. So she put up a small sign in her yard that said, “Journey Church.” But the Highland Creek Village Homeowners Association says it’s a commercial sign and blatantly violates neighborhood covenants.

The young lady is resisting and even tried to explain her side to the board members. They shouted her down. Now it’s fines and liens and pending lawsuits. The HOA has even cancelled pool permits for the family’s kids.

In days of old, Texans would have resorted to six-shooters at sundown. These days it’s all about shaming the kids until the parents submit.

Highland Creek Village HOA. Another one to avoid like the plague.

http://tinyurl.com/kkfvta3

original source:

http://www.myfoxhouston.com/story/22614783/2013/06/17/homeowner-association-tells-tenant-that-church-sign-has-to-go

Want To Get Really Steamed Up?

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John Potter, a 92 year old veteran of World War II is trying to stay in the house he built for himself 56 years ago. It only appraises for about $50,000. Several years ago, Potter signed over his Power of Attorney to his daughter Janice Cottrill. Now she wants him gone even if she has to evict him.

Potter’s granddaughter went on an internet crusade and raised more than $140,000 to shut her mom up. But even though that’s nearly three times the value of the house, Cottrill is going through with the eviction. She wants the old man on the street.

This world has all kinds of people.

original story at:

http://tinyurl.com/pbs82sa

Crazy Birds

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How the heck did we lose all our freedoms in this country? When did it happen? Did it begin with Political Correctness? Is it an actual political movement, or just what happens when a government grows too big? I have no answers. But I do have the ability sometimes to point to a bureaucracy gone nutz.

Alfred and Annette Rockefeller of Ramsey, New Jersey were shocked to discover they were criminals because they had installed a bird feeder in their yard. A simple birdfeeder. Not a mass wildlife feeding center, just a bird feeder.

The couple are in their 70s. Alfred is disabled. At age 77 you’d think he’d be allowed the simple pleasure of sitting back and watching the birds. It’s done by millions of homeowners across the country.

But a neighbor complained. He complained that the bird feeder was attracting other unwanted creatures, like ducks, deer, chipmunks.

This week, the couple had to appear in court to be fined anywhere from 250 to 500 bucks for illegally feeding wildlife.

In years past, feeding the birds would just be considered an old man’s pleasure. These days, you’re a creep for wanting to watch the wildlife.

http://tinyurl.com/mlg782k

http://www.myfoxny.com/Story/22668762/nj-couple-facing-fine-over-bird-feeder

Home Gardener About To Get Bashed

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I have a lot of sympathy for Chris Gilson, a homeowner in the Brandermill Community Association in Chesterfield County Virginia. But I also have a prediction. He’s about to lose his home and his life savings.

After years of unsuccessful attempts to plant a lawn in his rocky front yard, he planted a vegetable garden, which has grown quickly. Now his HOA is fining him ten bucks a day until he removes it. The HOA says it’s going to assess that fine each day for 90 days. Gilson says he’ll be glad to pay $900 for the privilege of keeping his garden. But the poor fellow just doesn’t get it.

Disobey a mindless demand from your HOA and you’ll be fined, of course. But the HOA doesn’t like being scorned. So what’s waiting for Gilson at the end of those 90 days is a lien on his home, massive new fines, legal fees, debt collection costs, a lawsuit, and eventually the foreclosure and sale of his home at auction. His house, of course, will be auctioned for just a few thousand dollars. The most likely buyer will be a friend of a board member or a buddy of the lawyer that brings the lawsuit. That ‘buddy’ will then kick back some money to the board member or the lawyer, and the home will quickly be sold and resold through a series of quick transactions. Those quick sale transactions are designed to make it impossible for Gilson to ever get back his home.

It’s the same kind of scam that cost Captain Michael Clauer his home while he was deployed in Iraq. His home was sold and re-sold in several transactions designed to make it impossible for him to get it back. The foreclosure against a serviceman deployed overseas was a blatant violation of federal law. So in Clauer’s case, a judge ordered a secret settlement that allowed Clauer to partially recover what he had lost.

Chris Gilson doesn’t have that kind of protection in the fight over his garden. He will lose. He will lose big time. With a scam as well-entrenched and as profitable as the HOA scam, very few if any people win. The one percent, or so, who actually win in court against an HOA end up with a massive net loss once the legal bills are paid.

Chris Gilson? Get out. Leave the neighborhood. This HOA will forever slander you, harass you, and vandalize you. Your daughters will be tormented by schoolmates. Anonymous calls will be made to your employer demanding that you be fired.

Chris? Are you listening?

Just believe me.

original source: The Chesterfield Observer http://tinyurl.com/o6ofhvr

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