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Living In A Homeowners Association

Submitted by Admin on Thu, 01/04/2007 - 9:33am.

Contributed by: DR. SEAN REIF D.C.

One strategy for minimizing neighborhood deterioration is to live in a residential development with strict rules and regulation. Many a PUD say they have found the perfect place to live, and include Community Covenants and regulations, as well as the landscaping, insurance, snow removal, gates, walls, or guards as part of a vision. We make trade-offs to live in these restricted environments and adjust to our personal, social, and economic values to fit our NEW HOME environments.

It definitely has some positives and some negatives, but for my personality and way-of-life, I don't mind it. I chose the neighborhood because I like the style of the homes, and there would be nothing I would really do, because I LIKE WHAT I HAVE, and I am not looking for anything that will be against my HOMEOWNER'S ASSOCIATION. Everything is included for me.

HOMEOWNERS ASSOCIATIONS boards make decisions that affect every aspect of community life. These decisions and the functioning of the board are monitored by residents and evaluated in terms of how decisions resonate with the values and preferences of individual households.

"Americans of all ages, all conditions, and all dispositions, constantly form associations . . . Religious, moral, serious, futile, general or restricted, enormous or diminutive." Homeowners associations are a special kind of residential association created by the covenants, conditions, and restrictions of a common interest development. Elected boards oversee the common property, and each home is purchased with the Community Covenants and REGULATIONS as part of the deed. An extensive set of RULES and regulations are mandated by the Community Covenants and Regulations and the Homeowners Association can make up their own rules.

Wouldn't it be"nice" if PLANNERS, Developers if the Homeowners Associations could be available to existing neighborhoods in order to replace Current Zoning Controls? The majority of associations have responsibility for the buildings - apartments, townhouses, and single-family houses - as well as for the surrounding development areas and landscape.

This distinct kind of neighborhood combines the independence, autonomy, and acquaintance relations with my neighbors. The resident can be ASSURED that "someone else" WILL bear the burden of MORAL AUTHORITY, enabling the common resident anonymous and uninvolved.

Access to goods or services is what makes Public or Private. "PUBLIC GOODS" - once they have been provided, everyone benefits regardless of whether they pay or not." Cities are PUBLIC; Homeowners Associations are PRIVATE. Private Communities is a response to municipal government's FAILURE to provide adequate neighborhood services because of the "free-loaders" (use by those who don't pay for them) and local government's inability too supply services to rapidly growing areas. The housing industry has become a "neighborhood building" industry. And, community Residents may tend to VOTE to reduce municipal expenditures WE do not use. PUD communities are expansion without municipal infrastructure. The PUD community serves as a quasi-governmental service provider.

Private governance minimizes conflict by setting up a set of rules and regulations that determine what residents can and cannot do with our property. It provides a strict standard for the appearance of our homes and gardens, reducing the possibility of conflict with neighbors. It reinforces suburban moralism by predetermining who is willing too live with the level of rules and regulations imposed by the Homeowners Association. That is not to say that some residents don't try to buck the system, fighting the Architectural Review Committee over control of their land.

"I do not have any problems with the construction of my house. What do I have that I can complain about? I don't, so I won't." RETIREES want to live in a private community with low maintenance and lack of responsibility. A retiree may have uneasiness with neighborhood changes, and desire our security and controlled, well-kept environment. The basic qualities are desirable regardless of age.

Our community includes protecting children and keeping out crime while controlling the environment and the quality of service. There is not the fear; nor the crime. There is a reassuringly consistent architecture and physical landscape, amenities and services that WORK, and GREAT NEIGHBORS who want the EXACT - SAME - THINGS.

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The Doctor would certainly

Submitted by Miss Brainy on Fri, 01/05/2007 - 2:10pm.

The Doctor would certainly be very happy to live under the Nazi regime in Germany. But since it's long gone, perhaps the Afghan Taliban may fit his taste, or maybe Iran, or North Korea?

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TRACT HOUSING

Submitted by Anonymous on Mon, 06/04/2007 - 11:28am.

TRACT HOUSING PRIVACY

Private areas of houses are FREQUENTLY violated by insensitive window location. In some of the model homes, balconies off master suites are entirely visible for blocks around. Windows into Master Baths are placed inappropriately for flashing of voluptuous bathrooms and their luxuriating owners to the NEXT-DOOR neighbors, passersby, or golfers of an fairway.

In 1991, a couple in a condo was arrested for LEWD & LASCIVIOUS CONDUCT after they “made love” in a bathroom hot tub within view of an 8- year old in the condo next door; the boy’s father had no trouble videotaping the ADULT PLAY from one of his windows “to aid the prosecutors.”

But such is the hazard of a see-through existence. If visual privacy is limited, acoustic privacy is equally scarce. In most houses, noise travels without a break throughout the INTERIOR.

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RIGHTS & PRIVILEGES OF

Submitted by DR. SEAN REIF D.C. (not verified) on Fri, 02/08/2008 - 10:14am.

RIGHTS & PRIVILEGES OF MEMBERS: Every member has the right that may never be restricted and that is the right to hold an opinion. An opinion must never be ridiculed by word or action. Each members’ opinion must be respected and afford the courtesy of a hearing.

Members have equal rights and privileges with respect to meetings. Right to advance notice, to attend meetings, to speak in debate, to make motions, to vote, to make nominations, and to run for office. Any restrictions apply to all members.

Members are entitled to an organized efficient meetings. Members have the right to an agenda and to see that agenda followed; members must adhere to the subject of the debate, time limits may be put on debate, debate may be closed, and motions may be set in order of precedence. All these rules make for efficient meetings. Debate may be extended to enhance effectiveness, even at the expense of efficiency.


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EMMINENT DOMAIN HAS EVOLVED

Submitted by DR. SEAN REIF D.C. (not verified) on Mon, 06/23/2008 - 7:06pm.

EMMINENT DOMAIN HAS EVOLVED into a loosely defined canon that enables local governments to obtain real estate for sometimes “wobbly” reasons. Governments can seize private lands for public use for the well being of another entity now focuses on rehabilitation. The law hinges on whether land can be “blighted” or “not full productive” or “capable of being put to better use.”


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Eulogy of Common Sense:

Submitted by DR. SEAN REIF D.C. (not verified) on Mon, 07/14/2008 - 3:48pm.

Eulogy of Common Sense: “Common Sense” having cultivated such valuable lessons as ‘Knowing-When-to-Come-Out-of-the-Rain’, ‘Early-Bird-gets-the-Worm’, ‘Life-is-NOT-Always-Fair’, and ‘Maybe-It-Was-MY-Fault, Common Sense lives by simple, sound financial policies (Don’t spend more than you earn) and reliable strategies (adults, not children are in charge.) Common Sense is related to Truth-and-Trust, Discretion, Responsibility and Reason.


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LEADER IN THE FORE-FRONT The

Submitted by DR. SEAN REIF D.C. (not verified) on Sun, 03/09/2008 - 8:50pm.

LEADER IN THE FORE-FRONT

The quest for leadership is the inner quest to discover who we are, as people. Through self development, we become confident to lead. Self-confidence is awareness of our own powers. These powers become clear and strong only as we work to identify and develop them.

The leader being in the fore-front, encounters the world outside the boundaries of the City of Northglenn. The more we know about the world, the easier it is to approach the world with assurance. You should seek to learn as much as possible about the forces that affect Northglenn, be they political, economic, social, or moral or artistic. We must strive to improve our understanding of others and build our skills to mobilize people’s energies toward higher purpose. We must be able to listen, take advice, lose arguments, and follow. Unless we can develop the trust and respect of others, we can not lead. As we work to be all we can be, we let go of our petty self interests.

As we give back some of what we have been given, we can reconstruct Northglenn. As we serve the values of FREEDOM, justice, EQUALITY, caring, and dignity, we can constantly renew the foundations of democracy. Each one of us has to take individual responsibility for creating a world of our vision.

“Wanting to lead and believing that you can lead are departure points on a path. Leadership is an art, a performing art. The artist’s instrument is the self. Mastery of leadership is mastery of self.”

When you clarity the principles that Commissioner’s lead their lives, we give purpose to our daily decisions. A personal creed give us a point of reference for navigating the sometimes stormy seas. We can resolve the conflicts of leadership only if we establish for OURSELVES an ethical set of standards on which we base all of our actions.

Leaders who cannot personally adhere to a firm set of values cannot convince others of the worthiness of these values. Leaders without integrity are putting on an act. The believability and credibility so essential for leadership are EARNED when your behavior is consistent with you beliefs. The first step is summoning the courage of your convictions and clarifying for yourself the belief that will guide you actions.

Never has there been a time when more and better leadership is required that today. Female managers have assessed themselves as engaging in “encouraging of the heart” behaviors significantly more than their male managers. The question we should be asking of our Chairman is to the extent to which she meets the job-related needs of her position, and has she built a committed work group, and has she influenced the Upper Council. Really what has she DONE?

Can leaders be taught? Are leaders born or made? Why should management be viewed as a set of skills and abilities, but leadership to be a set of innate personality characteristics? We have assumed that management can be taught, established by hundreds of schools and thousands of management courses. Our schools have educated HUNDREDS OF THOUSANDS of managers. Certainly, some are better than others, and some are WORSE than others. If you assume that LEADERSHIP is learnable, you will be surprised to discover how many good leaders there really are.

One thing we should know is that effective LEADERS are constantly learning. They are constantly looking for ways to improve themselves and their communities. Even if other people may not be able to learn to lead, I believe that I can. And that is where it all starts - with our own belief in ourselves. Those who are most successful at bringing out the best in others are those who set achievable but stretching goals and believe they have the ability to develop the talents of others. Maybe, EVERYONE, has the ability to lead on behalf of our schools, our churches, our community, our business, Scouts, Union, Rotary, Family.

The leader within all of us may get the call to step forward.


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Every personal has the

Submitted by DR. SEAN REIF D.C. (not verified) on Thu, 08/07/2008 - 10:57am.

Every personal has the potential to be a leader. There are leaders such as a President who takes a very commanding leadership role. There are others who can handle details and organize to make things happen. There are quiet leaders who make a big difference everyday by supporting others. Leadership opportunities are everywhere. Everyone can make a difference in their life and the lives of others.

The power is already within us to change Northglenn. However, it will take a Strong-Desire, a few basic tools and skills, and EXCITEMENT to succeed. It is time for men to step forward in Leadership roles so that we can make a difference for Northglenn families.

If something really matters to us, we have the power to change it. We can make a difference through our individual efforts or we can lead in an organization. Leadership emerges from what we do in our daily lives, at home, at work, and at play.

The Power of One is always the beginning of change. Each of us has individuals can create ideas. One can set forth to make that change by himself, or he can harness the resources of an organization. When the idea or vision is “clear”, hard work, discipline, and perseverance can make it happen.

A leader must first understand the issue, then gather the facts to support a change. There is no better way to build support and fight opposition than by the use of facts. The power of our participation supports the forces of change already in motion.

As a leader, it will be my role to move myself and others from resistance to support of change. Real change must be voluntary. We cannot force people to change. If we want to lead change, we must involve everybody in the process. When people get involved, they become committed. We feel we OWN the change instead of being forced to DO. Involvement moves people to be empowered, energized, and motivated. The real role of a leader it to INSPIRE!

I will:

* Respect efforts.
* Listen carefully.
* Participation is necessary.
* Initiative get the ball rolling.
* Creativity is good.
* Think before answer.
* Be patient.
* Use my sense of humor!

We need support for what we want to do to change. We must give leadership to someone with Vision, Focus, and Commitment. Success will come from a strong vision, lots of hard work, and good teamwork.


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He likes it because he has

Submitted by desertsky on Fri, 01/05/2007 - 5:17pm.

He likes it because he has to have someone dictate his life for him. Most of the rest of humankind are individuals. I also find it amusing that he knows what all retirees want and what upsets them!!!

He is also living in a dream world when he says that homeowners monitor the great decisions of the HOAs. Most of those decisions are made behind closed doors and no one finds out about them until they are sprung on an unsuspecting victim.

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If you don't like the rules

Submitted by Anonymous on Thu, 01/11/2007 - 6:29pm.

If you don't like the rules of the Home Owners Association, please, DON'T BUY IN THE FIRST PLACE! We all have a choice, and if you don't like the choice you made in hind-sight, sell you little piece of "wonderland" and buy out in the country where you can have "hearings" with the County on your proposed LAND USE. Nothing in this world is INVISIBLE.

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Sir, you are living in a

Submitted by Anonymous on Fri, 07/20/2007 - 11:34am.

Sir, you are living in a dreamworld. And this has nothing to do with 'hind sight' since there are industry lobbyists claiming to represent homeowners who have imposed serious additional financial obligations on the owners in these communities since many first purchased these homes (not to mention that those CC&Rs actually may not have been provided to them at all upon purchase, or misrepresented at the outset). Then in disclosing what is going on in that HOA in an attempt to then sell, just how 'marketable' is property when there is a Nazi regime in control and the restrictions or 'interpretatios' of those restrictions unilaterally changing? Just what is 'adequately' painted to you. To me, it means that a dirty beige house from desert or southwestern living does not need repainting just because it is 'dirty.' To our Board through it's consultation with the management concern - whose vendors got many of those mandated 'paint jobs' - on 800-900 square foot frontages, it was 16 square inches.

So please, these communities are 'mandated' by the cities and developers now in almost all metropolitan area, and they have nothing to do with 'quality of life' which is what most citizens definitely are looking for in their most 'private' property - not to leave Mom and Dad's to find out that big brother is living next door.

And soon there will be no choice. And your choice is quite like the 'America - Love it or Leave It' mantra of the 60's over the Viet Nam war protestors.....don't dare exercise your freedom of speech or debate the Nazi regime in control of your revenue or even personal life, in these communities......just move. And that isn't quite so easy since many people have a lot invested in their homes and roots in the larger communities, and those responses just clearly show the ignorance with which you base your 'solution.'

You are right, there is little 'unencumbered' land and you will have to deal with government limitations on your land use, it is just the 'degree' here that is micro-management at it's finest, and against most 'true' Americans definitions of 'freedom', as 'government' continues to oversteps it's boundaries to the point now where it actually is less than 50 feet away, and sometimes even right outside your front door (and soon, I'll bet, inside your living or bedroom).


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COMMUNITY PARTICIPATION Key

Submitted by Anonymous on Mon, 02/12/2007 - 8:40pm.

COMMUNITY PARTICIPATION

Key to every plan is a thoughtful public involvement strategy that is integrated into the planning process. A successful public involvement strategy includes a wide range of mechanisms for people to share their ideas, questions and concerns. The strategy should: inform a broad feedback; and give more involved citizens an opportunity to interact directly in the process. Depending on the size and complexity of the plan or group, several of these methods may be used for one planning effort. The goal is to engage as many citizens as possible in an efficient, effective, and timely manner.

Open Houses
Open houses are a good way to keep citizens informed while giving them the opportunity to discuss issues with planners and stakeholders. Open houses not only allow citizens to get questions answered but also to provide feedback directly to staff. Open houses also help foster a sense of community in a neighborhood, district or corridor, helping to motivate support for the planning process.

Newsletters
Periodic newsletters can be delivered through a variety of means, such as the mail, as a newspaper insert, or through the Internet, to inform a broad constituency.

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The "community

Submitted by Anonymous on Tue, 02/13/2007 - 12:05pm.

The "community participation" thing is pure fantasy. It absolutely will not work to prevent abuses. The core of this idea is to manipulate people into thinking that they are voluntarily giving up their rights, when in fact they are not. It is a ploy to keep people from fighting back when it is appropriate for them to do so. In short this is communism = community by force.

If the organization was really doing good things then it would be strictly voluntary and people would naturally come together in that spirit. And NO forcing someone to sell their HOME is not an example of a voluntary organization.


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I wish I was in a HOA that

Submitted by Anonymous on Wed, 02/14/2007 - 6:19pm.

I wish I was in a HOA that had a community paticipation! A recent traffic survey had only 125 returns while there are more than 900 homes in the area!
There is a board in our neighborhood -retired well off folks- who have nothing better to do than terrorize certain poor individuals in our neighborhood that have been reported by neighbors. While unreported people get unoticed because their neighbors aren't bothered by same things. I wanted to be involved but I have been branded as an uncooperative owner.
I have been complaining about not being able to get into my home because of mud, construction vehicles and flooding. I had a road when I moved in. It was destroyed by builders. In the covenants it says builders have to pay for damages and keep acess clear and clear mud. So they say I have to pay 25,000 dollars to replace what I had when I bought the house.
The covenants were not enforced but for goodness sakes -don't put on the wrong roofing material, request a sign location move to help sell your house, put up a basketball hoop, put a scalloped edge on your awning when it was supposed to be straight or make a defensible space(wildfire) around your house like it says to on the way into our neighborhood!!!! Those are actual cases I have heard at the board meetings I have attended. One meeting spent half an hour or more discussing what 'tone' of beige to pain the mail pods and guard shack!!!When you don't know everyday if you can get itno your house the "tone' of beige seems ridiculous!! No one oversees these HOA's they can do WHATEVER they want to you. Yeah i would love to just move..anyone who says that doesn't know what it is like to be up against the wall in your own backyard.

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HOMESTEAD H.O.A. DEVELOPED

Submitted by Dr. Sean Reif D.C. (not verified) on Wed, 12/12/2007 - 12:50pm.

HOMESTEAD H.O.A. DEVELOPED THROUGH MEDIA & MARKETING

The Homestead Townhomes at 112th and Steele in Northglenn, since their inception until finish have created an image and have made the development known. Every available media opportunity was related to the development’s target market. Many other developments could learn from our success story.

Newspapers contained classified and display advertising. Trade journals, apartment, home and commercial guides offered exposure to the consumer or real estate broker. Local magazines marketed to the local consumer in which our prospect reads. Television offers great exposure but must be tailored to the market in time and presentation and television is more expensive and usually reserved for larger developments. Radio advertising is best in the morning and late afternoon when most prospects are sitting in traffic, listening to the radio. Billboards with high traffic counts and excellent visibility assist in getting the word out to the public.

Specialty advertising is advertising on T-shirts, pens, pencils, lighters, backpacks, hats, sunglasses, etc. These items were “given away” to prospects in the hope that it will be a constant reminder of the project, and unlimited opportunities of advertising directing information over the world wide web.

All agents have business cards which are project specific. They have a similar quality to the stationary and designed by a graphics designer. The business cards also are included with ALL letters and fliers. When standing before prospects the Marketing Dept. is prepared to clearly explain the benefits, functions and aesthetics of the development. Fliers were usually mini-brochures which either will be given or mailed as a direct mail piece.

Architectural Models are visual aids most effective in illustrating the 3-D characteristics of the projects with the finishes of the buildings, trees, and automobiles. The public can begin to visualize the development.

The sales leasing office is the first glimpse of the development for the public and operational before the project’s completion and is critical to the Oriented Development adjacent to the new development with a view of the new neighborhood.

Once the project is complete, the office is relocated into the project. Once 90% of the development was sold the management of the development was turned over to the locally elected owners / officers and property management company.

And now we live with 100% occupancy with a number of new residents “moving-in” just last month. “Success is as Success does.” Not many subdivisions can hold excellence as a standard.


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Wow. I feel for you. Your

Submitted by Anonymous on Wed, 02/14/2007 - 10:43pm.

Wow. I feel for you. Your HOA board must be related to ours. We are facing the very same issue. Our board holds secret meetings, and recently changed our covenants without input from homeowners. We are having a "special" meeting to discuss, only to learn that we (homeowners) are not allowed to speak. We are being stonewalled by a board that wasn't even elected. Most of the board members quit due to the "busy-body" and she took it upon herself to aquire a board. We solicited proxies for our annual election and actually voted her out. Low and behold, there was an "error" in the count and somehow the property management company (3 days later) re-instated her to the board. We are constantly shut down as uncooperative owners as well. Fortunately we are not on the "list" who is constantly fined for weeds, ungroomed shrubs, dirty windows, etc. How do you make it stop if you are not allowed a voice? We have fied a grievance, but to no avail. You have to have quarum. It is frustrating at best!!!

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I feel sad for both of you.

Submitted by Raunstar on Sun, 02/18/2007 - 1:10pm.

I feel sad for both of you. This crap that you "chose to live there" is just that: a sac o crap!
There is very little HOA-Free housing out there. The housing that is HOA-Free can only be found in the very older homes in the older parts of the city. There is an organization that is addressing that very issue, they need more members to further their cause. It's called "Consumer's for Housing Choice" they can be found at

http://www.consumersforhousingchoice.org/

Their Mission Statement: Consumers For Housing Choice is organized to increase and preserve the ability of consumers throughout the United States to choose homes from within a variety of price ranges that are not situated in developments governed by mandatory membership homeowners associations.

If you do want to move, I'd recommend quietly hiring a realtor, selling at a discount, and during the wait, shop in the older parts of town for HOA-Free housing. Don't take the Realtors word for it though, go down to the county records office yourself, and look up your potential neighborhood's original CC&Rs, and any subsequent filings, to ensure that they don't provide for an HOA. Even if one is "defunct" it can be revived.

Good luck, all HOA-Dwellers are in my prayers, they have become the new "2nd class citizens" with no rights, no recourse, no justice.


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I have been going to open

Submitted by Anonymous on Mon, 02/19/2007 - 6:27pm.

I have been going to open houses in non HOA neighborhoods. They are difficult to find but everything is held up. No one in their right mind would buy our home with the daqmage it has sustained from the construction. I can't even go for walks the mud is so thick I bought my own stepping stones to reach the paved road and the construction crews have ran over and broke 2 in broad daylight!! It as if nobody cares about this damage or this monsterous assesment. I am treated like I was stupid to buy here, stupid for not owning a four wheel drive to get up the mud, stupid for not having 30,000 dollars handy to sue! If we weren't here this whole nightmare would be happening to an elderly woman who only owned a small Toyota!!!When she came to visit she was in tears to see what has happened. I am currently mailing my story to the county commissioners, newspapers and new board members due to be elected this coming week.

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Here in Houston, if you want

Submitted by Anonymous on Mon, 02/19/2007 - 9:48pm.

Here in Houston, if you want to make sure that you don't wind up under a totalitarian POA, your choices are slim indeed. It is not enough to make sure that the deed restrictions don't have or have ever had an HOA. You must make sure that you have no deed restrictions at all. Unrestricted land or homes are almost impossible to find here, but they do exist. Expect to pay a very high premium. Another option is to live on commercial property. For example, by a warehouse and renovate! That is the only way I would buy realestate in houston again - UNRESTRICTED!

If you have deed restrictions in houston, a full-on totalitarian POA can be created simply by a 60% majority vote of your less than intelligent neighbors!

Groups of buisy bodies are constantly trying to start POA's in non-HOA neighborhoods. It will be an ongoing battle for you to keep it from happening...

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What a great idea...a old

Submitted by Anonymous on Tue, 02/20/2007 - 6:07pm.

What a great idea...a old warehouse looks like nothin from the outside and can be whatever you want inside. So all over America mini governments are being set up to replace local governments only from what I have seen these people on the board remind me of my high school council. These people are suppossedly peers but the people who come before them are bowing and effusive when they get what they should of been able to do without asking anyone's permission.The scariest thing to me is the requirement that one neighbor reports another. Watching each other and reporting them....hmm does this sound familiar o anyone else????

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Ignorance is never bliss to

Submitted by Anonymous on Tue, 02/20/2007 - 6:57pm.

Ignorance is never bliss to those who have faced the tyranny of Nazism, the cruelties of Soviet socialism or the betrayal of civilian spies who masquerade as trusted neighbors.

The last of those practices is being revived in China as well as in America. In an article titled "China's Neighborly Snoops Reinvent Themselves," Eric Eckholm wrote,

“The old ‘neighborhood committees’ that watched over every household are among the more obnoxious memories of the early decades of Communist rule. Staffed… by one’s nosiest neighbors, the committees were empowered to scrutinize every visitor, report every antisocial activity and even monitor pregnancies….

"With the decline of Marxist fervor… the committees waned…. Now, with experiments in Shenyang and 19 other cities, the government is trying to reinvent this venerable institution."

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HOA boards are CAI's version

Submitted by Anonymous on Tue, 02/20/2007 - 7:19pm.

HOA boards are CAI's version of the German "Blockleiters."

http://en.wikipedia.org/wiki/Blockleiter

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AMERICANS WITH DISABILITIES

Submitted by Anonymous on Mon, 06/04/2007 - 11:48am.

AMERICANS WITH DISABILITIES ACT

The Americans with Disabilities Act is a law that impacts local planning. The law is designed to bring people with disabilities into the economic mainstream by providing access to jobs, transportation, and public services and facilities.

The American Disabilities Act prohibits state and local governments from denying people with disabilities access to governmental programs or activities because facilities are inaccessible. If it is possible to make programs accessible through alternate means, such as relocating programs to another facility, structural changes are not requires. New public facilities must be designed so they are readily accessible and usable by disabled persons. It also requires that governments provide curb ramps for access to public facilities, including access to public transportation. Historic properties are not required to comply if accessibility would destroy the historic significance of the property.

The Americans with Disabilities Act requires that privately owned public accommodations remove barriers to their facilities to make them accessible to people with disabilities. Public accommodations include privately owned places such as restaurants, hotels, theaters, and Laundromats. Removal of existing barriers is required when readily achievable. The Americans with Disabilities Act also contains guidelines for parking spaces for public accommodations. Local ordinances should reflect the need to comply with the requirements of the ADA.

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WHEN SOLUTIONS BECOME THE

Submitted by Anonymous on Wed, 05/02/2007 - 6:41pm.

WHEN SOLUTIONS BECOME THE PROBLEM

Typically, an HOA commissioner who “problem solves” awakens in the morning and, within minutes has already filled his or her mind with problems and challenges. Even for relatively successful problem solvers, worry and anxiety always accompany this mindset. This blocks a person’s natural ability to perform at his, or her, best.

Community building and problem solving often find themselves going in opposite directions. I’m not saying we should bury our heads in the sand and deny problems. Yet, I am convinced that any HOA commissioner who has a problem solving mindset will find that he, or she, is eventually stuck, incapable of growth.

Amazingly, the visioneering mindset is the centered in focusing on “perfect models.” When we immerse ourselves with pictures of RIGHT ACTIONS, our mind AUTOMATICALLY begins correcting mistakes and solving problems. Visioneering stimulates opportunities and optimizes our natural abilities to perform and take advantage of these opportunities. Learning the RIGHT MODELS and how to VISUALIZE them is priceless. It gives us the confidence needed to move AWAY from problem-solving and begin maximizing new opportunities.

Visioneering starts early in the morning by awakening to thoughts of our purpose and continues into streaming pictures of PERFECT ACTIONS and PERFECT RESULTS of those actions for both our citizens and our community.

Hundreds of HOA commissioners are turning to VISIONEERING every year and are EXCITED about their newfound growth. Discipline is required to maintain present-time consciousness of right actions while you are performing duties.

Doing right things right starts by maintaining perfect models in our minds and then having the FAITH, CONFIDENCE, AND BELIEF to take ACTION. More calculated risks are taken, more service is produced, and more PASSION is expressed through the process of VISIONEERING than could ever happen by problems solving.

The HOA Commissioners who have trusted a VISIONEERING paradigm as their dominant mindset in Chambers have influenced many more lives through PLANNING.

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Oh my...I have not seen so

Submitted by Anonymous on Sat, 05/05/2007 - 11:24am.

Oh my...I have not seen so much corporate-psychobabble in ages! Visioneering? Paradigm? Dominant mindset? Yikes.

Someone earlier spoke about spelling. Simple and descriptive English is also helpful.

And what is an HOA "Commissioner"?

It amazes me how little can be said in so many words. This guy must be a "Management Consultant." ;-)


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As to "Dr." - Always wonder

Submitted by Anonymous on Sat, 05/05/2007 - 12:00pm.

As to "Dr." - Always wonder about those who feel a need to identify themselves by title.

He wrote, " These decisions and the functioning of the board are monitored by residents and evaluated in terms of how decisions resonate with the values and preferences of individual households."

I don't know what HOA he lives in, but down here in the wild wild south, here are the problems with this Platonic ideal as 'Dr." describes it:
1. Most homeowners do not want to participate in the HOA and do NOT "monitor" anything. The prevailing attitude is "Tell me how much I owe and leave me alone."

2. Most homeowners do not even understand HOAs and the "private contract" they sign when they buy a home in an HOA. The more I see, the more true I realize this is.
Most people want to be left alone in their homes to live in peace, and do not view or understand the HOA as a "corporation" (notwithstanding the legal construct).

3. Boards too frequently are dominated by one or two people, and I believe it is the norm rather than the exception for board members to stonewall homeowners who DO ask for records. This is the case, even when the board members are NOT stealing. By the way, I have also seen this stonewalling from "property managers" and lawyers.
And down here in the wild wild south, the homeowner who cannot obtain records has little recourse. YES, there are statutes governing this. NO, they are not practically enforceable, because there is NO regulation and the homeowner is in a no-win situation (see further discussion below).

4. Ditto #3 when it comes to any other Board abuse. The problem is magnified when "service professionals" encourage the boards to "enforce" rules without knowing or caring whether or not those rules are enforceable.

The problem with the HOA is NOT that it is a private contract. The problem is that it is NOT a typical private contract and the entity is unlike any other corporation. It is a bad fit.

HOAs are NOT regulated (here, anyway)
HOAs are a BAD combination between contract, property, corporate law and government and do not fit well within any of these categories.

HOAs ARE THE WORST OF BOTH WORLDS -- PRIVATE AND PUBLIC
--- They "offer" the corruption, cronyism, ineptitude and POWER of government
--- But they offer none of the checks and balances, and constitutional protections that normally protect citizens against abusive governments.

If you are happy with your HOA, more power to you. I deal with HOAs on a daily basis. I live in an HOA, and my spouse is a member of the board of the HOA, out of self-preservation. We saw what happened when a few egocentric people decide they know what is "best for the community" (never mind reading the articles of incorporation, restrictive covenants or bylaws - and forget about statutes). We finally put a stop to the worst of it, becasue we sued. We succeeded because an insurance defense attorney had an interest in limiting damages (which incentive the HOA attorneys seem to often lack). As a result, the case did not go all the way to court which could easily have cost the Association and us $50,000 or more. I say "us", because we would have lost even if we won. We would have lost because we pay homeowner association assessments. You see, the homeowner is really in a no-win situation, with this legal myth of a corporation.

We know that the day we stop paying attention to our HOA, the HOA will go back to the nightmare it was - no financial records, bullying neighbors over absurd and made-up rules the board makes up as it goes along, and litigating over indefensible positions. And if we ever move, we will NEVER buy any property in any kind of association.

The "governing documents" are written by developers, for developers. They are NOT written with the homeowner in mind. Many of these, especially in older communities, are badly drafted, ridiculous, and so vague and overbroad that similar ordinances were declared unconstitutional by the Supreme Court 80 years ago.

The people who truly benefit from this mixed bag of badly drafted documents are invariably the few egocentrics who really "want" to be on a board (and who often give themselves "perks" for doing so), and the "service industry" -- eg property management companies and association law firms.


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When I read your post, I

Submitted by Anonymous on Sat, 05/05/2007 - 1:51pm.

When I read your post, I wondered if you lived in my HOA. I have been to many board meetings and have observed every statement you made. We are at a place where we could sue or accept a settlement. I especially agree with the statement a "win" is a loss for the community as a whole. I also worry an acceptance of the settlement really says "Shut up" Because we have to agree no further damages could be claimed if we take the money.
Now I am trying to sell to move to an uncovenated neighborhood. Can I sell this HOA with a clean conscience? It comes with the house. Living here has changed me, I want my old self back. I am tired of pouring over covenants, going to lawyers and telling the story. I had to become a private investigator! documenting damage and building covenant violations, I had to write reports, take damage photos and watch over the builders because they broke every covenant in the book.
Our HOA did not even follow thier own covenants in the approval of the sites and required procedures...when our road became destroyed they accused me of having an unsanctioned road! They tried to charge me 30,000 dollars to replace what I had before construction began and to build retaining walls and curbs for new houses 1/4 of a mile away from me. The assessment vote did not pass and now I am back to no road.
I am keenly aware that the HOA's lawyers really run the show. I am aware that in certain parts of the neighborhood the covenants are enforced more stringently. I am aware I signed away any recourse for problems when I agreed to follow these covenants...courts or shut up. Well I wouldn't shut up they chose the wrong person to try and bully. I have had enough. I don't want to be "part of the solution" The HOA's have too much power and no one is really watching. I want out...broken cars, purple houses and weeds with RVs now say freedom to me!!

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See Tenets of Mandatory HOA

Submitted by Raunstar on Sun, 06/03/2007 - 1:17pm.

See Tenets of Mandatory HOA Board Members @ http://hoanewsnetwork.com/media/blog/tenets-of-mandatory-hoa-board-members.php

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“DOC” ROTARY “ BEYOND

Submitted by Anonymous on Sat, 06/16/2007 - 11:43am.

“DOC” ROTARY
“ BEYOND THE OBVIOUS”

Doctor Rotary is one example of many who have taken the time to stop, observe and THINK BEYOND THE OBVIOUS! As a result, his world, as well as our own, has benefited from it. This power lies within us all and often lies dormant waiting to be called upon.

The canvas of our world is open for us to exercise the faculty of our imagination and apply our minds to the are of being creative. . . Man’s brain is endowed with considerably more potential than is realized in the course of one person’s lifetime. By tapping into the resources of the mind and directing its natural urge to LEARN, and insatiable curiosity and an imagination that invents and creates, one person can make a SIGNIFICANT DIFFERENCE . . . Multiplied by 10 (logarithmic propagation) multiplied by Doctor Rotary.

That master, the maker of the human body, does not ABANDON us when we are SICK. He has stayed as INNATE INTELLIGENCE , transmitted over human nerve networks by mental impulse, controlling every function of life, as Spirit from Above - Down, Inside - Out, expressing, creating, exploring, directing us in every field and phase of experience. “The Power that made the body . . . Heals the body.”

“Doctor Rotary works with the subtle substance of the soul. We release the imprisoned impulses, a tiny rivulet of force that emanates from the mind and flows over the nerves to the cells and stirs them to life. Doctor Rotary deals with the magic power that transforms common food into living, loving, thinking clay; Endlessly it has worked, evolving with tireless energy, it blows a bubble within each individual life,

As we wander through the rubble of a drug-oriented, invasive disease care system, let us walk with open eyes and minds knowing that the design of the human body is to be self-healing and self-regulating.

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It is amazing how many

Submitted by Anonymous on Sun, 05/06/2007 - 2:07am.

It is amazing how many commonalities we all have, isn't it? I have been very active in HOA law, and the problems I see are not isolated exmples but consistent patterns.
The whole system is broken.

HOA lawyers can only run the show if a board allows it. Unfortunately, boards do. I have not been impressed with the HOA lawyers here. That's all I really can say on a public forum.

Part of the solution is speaking out against abuses and demanding that our legislators do something to protect homeowners.

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Anonymous wrote: HOA

Submitted by Anonymous on Sun, 05/06/2007 - 2:33am.
Anonymous wrote:

HOA lawyers can only run the show if a board allows it. Unfortunately, boards do.

Very true, but what is often overlooked is the CAI subculture of the HOA lawyers and the managers who love them. Sounds sick, I know, but it is. The mountain of chocolates on Valentines Day, the 50 lb gift baskets delivered to the offices at Christmas, it just goes on and on. Any excuse to spread the love. A love triangle between the manager, the HOA Lawyer, and the board begins to feel like just another one-night stand while the neglected, abused homeowners suffer in silence, or light their hair on fire in the common area.


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Whenever a new board member

Submitted by Anonymous on Sun, 05/06/2007 - 8:50pm.

Whenever a new board member is elected to the HOA in my subdivision, they are handed a mountain of CAI propaganda. All of the other board members help to indoctrinate the new person. It is really a bunch of bunked up advertising. But with the regularity and ferocity it is spewed out, it becomes virulent propaganda. There is no wonder why HOA's tend to misbehave in the same ways. The CAI garbage is the common thread...

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HOA COMMUNITY

Submitted by Anonymous on Fri, 05/11/2007 - 4:46pm.

HOA COMMUNITY SUSTAINABILITY

#1. BUILD A POSITIVE VISION: A positive shared, long range vision for the future can provide the inspiration, motivation, and direction to propel a community forward and encourage the various interest groups to work together with a common purpose. Developing a community vision requires broad participation and may involve extensive public input. Visions can change and be refined on a regular basis.

#2. IMPROVE CITIZEN INVOLVEMENT: Broad, open citizen involvement in public planning and policy making respects and enhances our democratic process. Increased citizen involvement generates many benefits, including policies that better serve the broader public interest. Local governments must actively engage citizens and create productive processes for meaningful involvement. Public hearings are just a small part of the activity involving citizens. Others include PUBLIC FORUMS, town hall meetings, round table discussions, televised broadcasts, surveys, speaker series, coffee-shop talks, and Rotary meetings. It is difficult to overstate the importance of strong public involvement processes in achievement good governance. Citizens who are empowered with opportunities for meaningful participation will tend to appreciate and support their government and not lead anti-government revolts.

#3. PROVIDE ECONOMIC OPPORTUNITY AND EQUITY: The basic economic needs of the entire community must be met without compromising the quality of the environment. Local economic development must be focused on the long-term welfare of existing residents.

#4. USE LAND WISELY: Land is a finite resource with no substitute. We should use land efficiently and intelligently and strive to keep the urban footprint as small as possible to minimize environmental impact. Comprehensive long-range planning is an essential tool for wise land use. A commitment to comprehensive planning requires adequate funding to implement the initial plan and for ongoing updates every 5 years.

#5. PROVIDE GOOD INFORMATION: Good decisions require good information, including status reports, growth forecasts, alternative scenarios, natural resource inventories, policy analysis, development impact analysis, and OTHERS. Information should be disseminated widely and readily accessible to everyone. Good government begins with an INFORMED PUBLIC.

#6. USE BENCHMARKS AND INDICATORS FOR PROGRESS: Indicators are a tool for improving public policy and monitoring the status of a community and its environment. Benchmarks are GOALS that can be measured to help ensure that public policies lead to progress and long-term sustainability.

#7. USE FULL-COST ACCOUNTING: Evaluate costs in making policy decisions. Enact a pay-as-you-GROW policy. Eliminate subsidies that distort markets and can cause over development.

#8. THINK LONG RANGE: Consider the impact decisions will have far into the future. Consider the impact decisions will have far into the future. Extend long-range community planning horizons to 50- 75- 100+ years. Utilize computer modeling capabilities to evaluate long range consequences of current trends and compare alternatives.

#9. ENCOURAGE EFFICIENT RESOURCE USE: Efficiency goals for energy, water, and OTHERS for ALL SECTORS: residential, commercial, industrial, & transportation. Incentives to minimize resource consumption and waste production and maximize re-use and recycling by businesses and households are intrinsic to the DESIGN.

#10. MAKE NEIGHBORHOODS WALKABLE: Safe, friendly, walkable neighborhoods designed to eliminate automobile dependence will be one of the most VISIBLE attributes of the sustainable community. Walking is the oldest and most reliable form of transportation. It has a proven track record dating back 4 Million years and justifies its being treated as a major component of all local transportation plans. Create automobile FREE zones and Automobile Independent Housing complexes where walkers and bicyclist enjoy the privilege of maximum access and convenience. Much like a college campus.

#11. PRESERVE UNIQUE FEATURES: Preserve features of local and regional significant farmland, forest, and open space, and unique natural, scenic, recreational, historic, or cultural resources. Treat these natural assets as PRICELESS FAMILY HEIRLOOMS to be passed on to future generations.

#12. RECOGNIZE PHYSICAL LIMITS TO GROWTH & CONSUMPTION: Population size, resource consumption, land use, and pollution levels must be in balance with the complex environmental support system. Start by acknowledging that physical and practical limits DO EXIST! Identify what these limits are in terms of desirable, optimal, or IDEAL CONDITIONS.

The more WONDERFUL (Full of Wonder) our STABLE, sustainable community becomes, the more people will want to move HERE. We can more greatly serve the public welfare. Urban growth is not something to be sought after as a PRIZE. By taking control of growth in our community, we can shift the focus on creating a BETTER PLACE TO LIVE. We will achieve livability, sense of community, environmental quality, services & amenities, participation, democracy and MORE.

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ZONING PERSPECTIVE From the

Submitted by Anonymous on Fri, 06/01/2007 - 7:45pm.

ZONING PERSPECTIVE

From the perspective of planners wishing to reshape land use patterns, zoning is often problematic, because it has become institutionalized in a way that preempts objectives that lie outside of the norm. The constraints of zoning have proven difficult to overcome because residents and city council, the local legislative body responsible for adopting or amending land use ordinances, have become so fixated on single-use zoning and the notion that it is inappropriate to integrate land uses. The result has been a proliferation of low-density, single-use development, as local governments continue to rely on zoning to protect the residents interests.

The principle challenge for zoning is the need for residents to alter their expectations about the character of their community. Ultimately, the long term viability of zoning depends on its ability to enable the community to create a future that we can look forward.

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Anonymous above lives in a

Submitted by Anonymous on Fri, 05/11/2007 - 6:55pm.

Anonymous above lives in a dream world. If any HOA or Condo operates like this, I'd like to see it.

This hype reminds me more of schlocky management seminars than reality.

The only thing missing in that little puff piece is the need for "teamwork" ! Then we would have a cheerleading squad. Words like "positive vision" mean nothing when it comes to the nuts and bolts of community associations. It is sad but true that too many board members are more concerned about making over the community in their own image than they are developing sound urban environmental and architectural plans. Most board members are not urban planners. Property management companies are interested in making money, and they also are not urban planners. The requirement for licensing in this state is woefully lacking.

The fact is, I know of not a single HOA or condo that operates this way. The structure of community associations as they are now will NEVER live up to this kind of fantasy.
We would be better served if we had meaningful legislation to at least control the abuses.


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A NEIGHBORHOOD ALIKE LACKS

Submitted by Anonymous on Fri, 06/01/2007 - 8:02pm.

A NEIGHBORHOOD ALIKE
LACKS MANY THINGS

Genuine villages have been whole societies containing old, young, middle aged; middle class, poor and rich; people of differing talents and interests. The village of the past thrived by having individuals who where able and willing to fill many varied roles. Today, with automobiles each community no longer needs its very own chiropractor, butcher, city man, carpenter, phone guy, lumber yard, teachers, sign-man, and so on. It is beneficial to have people of all ages and abilities.

A neighborhood with so many 2- income families, retired people are the core of the volunteers for community activities. Young people are needed for mowing, running errands, baby sitting. Educated and trades citizens add their contributions to the culture and leadership. Families run Mom-and-Pop stores. Societies thrive on interdependence.

Many people are sensing the limitations of our current sub-division. If any change occurs in their personal conditions - they are gone. The decision to move out robs our communities of their memories and their social relationships. It leaves them “shallow rooted.” Long-time residents provide a large contribution to a community defining its character. Any human relationship takes time for seasoning, for testing, for the kind of slow, casual knitting that will not break apart under the signs of strain or stress.

We must ENCOURAGE neighborhood activity, which depends on people’s ability to WALK, to interesting and useful places. People need go by foot to the shopping center. Every COMMUNITY (organization) needs to have faith in its ability to produce the results it desires. Planners need not retreat from their ambitions, but increasingly, decision making is being left to the MARKET FORCES.

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And of course you have deep

Submitted by Anonymous on Mon, 05/14/2007 - 7:30am.

And of course you have deep personal knowledge of the 300,000+ associations in the US? The reality is that there are great associations and bad ones, just as there are good neighbors and annoying and overbearing ones.

All of the available DATA (not opinions, stories, and hearsay) indicates that the vast majority of associations run reasonably well, most homeowners believe their associations provide value, and most also DO NOT desire additional governement intervention and regulation. (we all know how good a job the government does at running everything)

In fact, many government "interventions" only serve to increase the cost of operations within an association and result in increased assessments. Just ask the folks in California how much it has cost to implement their new HOA election laws.

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1ST AMENDMENT PLANNING THE

Submitted by Anonymous on Sat, 06/02/2007 - 12:04pm.

1ST AMENDMENT PLANNING
THE BILL OF RIGHTS FOR FREE SPEECH

The First Amendment protects the rights of individuals to speak freely whether or not the majority approves of what they say. It does not matter if MOST, some, or NONE agree with me; I have a basic right to state what I please. And, the majority may not deny me or any other opposition the right to vote.

Although there is the possibility that such voices may be raised stridently, on MOST issues, we should not hesitate to raise our voice. We must continue to allow free expression of ideas, words, and sentiments, even if it “hurts the feelings” of minorities and women. We share this right to voice our opinions and facts. Differentiation is backed up by beliefs that many Americans hold as irrevocable trust. They evoke a MORAL CLAIM.

Most people usually leave it to a few who will speak out in their behalf, the means that a few community representatives dictate to the rest of us what we MUST DO. We should not hesitate to raise our moral voice. People need to participate openly and directly in making the decisions that govern their lives. Our ultimate satisfaction coming from engaging one another, and to strengthen the community as a moral infrastructure a community conscience.

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Why don't you encourage the

Submitted by Raunstar on Sun, 06/03/2007 - 1:12pm.

Why don't you encourage the "Most" who love their HOAs & don't want government interference to post their wonderful idealistic stories here? After all, these happy joyful people ought to have a little extra time on their hands to tell us all how happy they are and why they're so very happy.

The truth is, the "Most" who want to prevent government intervention, are actually the very few who are drunk with power, and the backing of high paid lawyers that cost their community and not them personally.
The "Most" are a handful of belligerent misfits who want to hold onto their power to make their neighbors as miserable as they are. Of course, they have management companies & lawyers stroking their ego-maniacal hearts on a daily basis.

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When you live in a poorly

Submitted by Anonymous on Tue, 05/15/2007 - 5:03am.

When you live in a poorly run or mismanaged HOA it really doesn't matter if there are good ones..how does that help an individual being intimidated and bullied by their HOA? When your HOA is run by lawyers with out any humane treatment of homeowners the good ones look like they, too, can become like yours.

HOA's without any one, (government, watchdog committee, majority of the homeowners..)watching over them can do what ever they like. I inspected my home thoroughly but not the HOA, if indeed there is a place to get info on your HOA's actual performance I have never found it. At our HOA office I was given a thin book of covenants that seemed far and doable to us but at closing we were handed a telephone book of additional covenants and bylaws...at that point you are signing so many documents and there is so much fine print that kind of slipped by us having been informed by the HOA previously that we had the "important" ones. HA...is this done on purpose to millions of people? At the risk of sounding paranoid, YES~ it does.

Our HOA looks great on paper! Like a Utopia where like minded individuals live together following the covenants. I never expected Utopia but I did think the covenants would be enforced! Not so in every case. AND no recourse except to either grovel (it's demeaning but I tried it) or sue!!!

Fourtunately there are all those GOOD ones out there we can hold up as an example when we are being assesed,fined, forclosed on, watching people break covenants and treated without respect or consideration like a naughty school child.

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Actually, there is no data

Submitted by Anonymous on Tue, 05/15/2007 - 11:36am.

Actually, there is no data that I am aware of that shows how many associations are run smoothly. If the above writer has such data, I would be very interested in seeing it.
That seems to be more propaganda than reality. There also is no data to prove that associations increase property value That too is propaganda. That said, associations are necessary in some circumstances, where there are shared facilities etc.

Regulation of associations is important. There are no other protections for homeowners. There is no meaningful way to enforce statutes, at least in this state.

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This much is absolutely true

Submitted by Anonymous on Tue, 05/15/2007 - 8:58pm.

This much is absolutely true - there is no valid data showing that associations are run smoothly, that people are happy with them, that they increase property "values" or any such thing. It is completely advertising propaganda. 100% of this nonsense is fabricated by those who profit from the arrangement.

Associations are needed when holding property in common such as a condo, a co-op or a commune. However, for the american dream home they are actually a detriment. It should be clear that when you are buying into an association, you are NOT buying real estate. You are buying a share in a corporation that can be taken from you at any time. The transaction should be handled by stock brokers rather than real estate agents. When you buy into a commune, you know to expect that you have no individual rights. When you buy real estate property you can expect to have actual God-given property rights. The two concepts are incompatible despite meddling from the State government. Period.


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Well....not quite. There

Submitted by Anonymous on Tue, 05/15/2007 - 9:44pm.

Well....not quite. There has never been "God-given" property rights. Property rights have always been granted (and taken away) by the state. Just ask the Native Americans.

I find it interesting to see the different political slants. You call it a commune, but restrictive covenants are actually a "private contract" that is an adhesion contract. Eg you don't like it, move. No negotiation. No constitutional rights, none of the protections that our government provides - no matter how much you think you don't like government. From what I can tell, this is another "privatization" that deprives us of fundamental rights granted to us by the Constitution, as protection against governmental abuse. Our Constitution is one of "negative rights" - eg it lays out the limitations of government. Privatization of previously governmental functions is one way to undermine those rights - which are checks on state power and abuse, from which our "Founding Fathers" had fled.


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Is it going to get better or

Submitted by Anonymous on Fri, 05/18/2007 - 10:41am.

Is it going to get better or worse? People only see what they want to see and believe what they want to believe. In our neighborhood for instance if I tell my whole story of what has happened to us the community members either recoil in horror, don't believe me or think it can never happen to them! They have actually said I must have done something to get on the Board's "bad" side!They think I am not a "team" player for complaining!!I need to get involved! No tangible support from most of the community because they want to 'stay under the radar'.
If people were to actually see what power our board has they would flee in mass exodus. Something like 4 out of 5 homes sold now are in some sort of HOA. If our HOAs are replacing local government then their lawyers are doing a bad job of advising them, instead they focus on protecting the HOA and not the homeowners. I like the AARP's homeowners rights it is a step in the right direction.

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In my opinion: The lawyers

Submitted by Raunstar on Fri, 05/18/2007 - 2:12pm.

In my opinion: The lawyers advise the HOAs in whatever way will generate the most dissention & unrest. They make their best money on litigation. Litigation only happens when homeowners rise up to fight, or if the Board is encouraged to sue. It doesn't appear to me that the lawyers are working to "protect the HOA" either. They could give a rats ass! What they want is LITIGATION. Their cash cow!

I too, like AARPs Homeowner's bill of rights. May it be adopted by Every State in the Union!

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One homeowner actually told

Submitted by Anonymous on Fri, 05/18/2007 - 2:52pm.

One homeowner actually told me that he didn't care if the Board was embezzling - just tell him how much he owes and leave him alone. Unfortunately, that appears to be all too common. The only way a homeowner in an association has to protect him/herself is to GET INVOLVED. Go to every meeting. Pay attention to how the meetings are noticed, held etc. Look at the financial records. If you do not have them, ask in writing (by certified mail) for a copy or access to making a copy. These should include (or do in most states) the annual budget and financial report. Ask to see the bank records, as well.

The problem with these "corporations" is that they are unlike any other corporation. What corporation has government like functions that regulate conduct and can fine its shareholders (or is this the new "company store")?
Also, with community associations,
1. All too often the Board lacks experience or expertise to run the association, or lacks the interest - to even read, let alone follow the governing documents and applicable laws.
2. The emotional investment in one's home is different than that of stock shares. This often results decisions that are based on emotion, rather than business clarity.
3. In many states, associations (esp HOAS) are not regulated, meaning there is no procedure or recourse the homeowner has except filing a lawsuit.
4. The homeowner is at a severe disadvantage in any litigation because during the litigation process, the homeowner pays not only his own but also his opponent's legal fees (through assessments).
5. Finally, there is a LOT of money in this industry for those who service it.

And that leads me to the association law firms. Far be it from me to disaparage attorneys. Unfortunately the association industry, for all the reasons stated above, too often attracts a type of "professional" who exploits that combination of factors. Remember the old saying "he knows on which side his bread is buttered?" Well, that surely is true here. Although the lawyer has an ethical duty to act in the best interest of his/her client, in reality this may not happen. How many times have we seen recall efforts thwarted by association lawyers who will find an excuse, any excuse, to help keep the existing board in power -- and (ab)uses the authority of being the "association lawyer" to do so?

How often do law firms go far beyond "ensuring proper procedure" to actively fighting a recall on behalf of the individual board members? Yet the client is not the indivdual board members, but the Association. In the instance I am thinking about, a well-known law firm submitted a response to an order to show cause that misstated the case it cited by twisting it and selectively omitting the actual holding, and by alleging that a number who signed for recall were not homeowners when they clearly were (which proof would have taken all of 30 seconds). The homeowner did not even need a lawyer, in this case - the regulatory body (for the condominium) ruled the recall was valid and the law firm's argument was "wholly without merit". And the Association ended up with an $8,000 bill for this arguably unethical and bad lawyering.

This is one of the major problems, in my opinion. I do NOT believe that Association lawyers (or CAMS) should be in the business of supervising recalls. It is a conflict of interest. I believe that Association lawyers should be held accountable by the state bars for engaging in such conduct. And a homeowner should be able to have "standing" to make such a complaint. Yet invariably the lawyers succeed in arguing that their duty is to their client (the corporation), not the individual homeowner. Interesting that in this case, the lawyers have no trouble distinguishing between the "client" and the "indivdiual."

The corporate model for HOAs simply invites abuse. And that is the problem. I don't know what the solution is. I do know that without regulation (as is the case with many HOAs), 99% of the time the homeowner hasn't a snowball's chance of combating abusive boards, property managers and assoiation lawyers.

The sad fact is that these "professionals" could make an ample living by ethically and honestly representing associations, without resort to such tactics. Same with CAMS (licensed property managers). But again, this is an industry ripe for corruption, and abuse - lots of money, little or no regulation, the power of government without the Constitutional protections...

The lobbies for these "professionals" are powerful. I suspect that the mantra heard here is the same mantra heard in your state (whatever that is):
1. The people complaining are "just a few disgruntled homeowners"
2. The vast majority of homeowner associations run smoothly, but you only hear about the "bad apples"
3. Associations raise property values
4. Associations (esp gated ones) provide the homeowner with security from crime
5. Without associations, a homeowner has no protection against the renegade who wants to paint his house purple...

Sound familiar? All of these five little "ditties" are almost word for word the same, wherever you hear them. Might as well mass produce a tape recorder (okay, or DVD) and press "play."

All of these five little "ditties" are untrue. Much of this HAS been shown by data (measuring prevalence of crime in neighborhoods with and without associations, availability of local zoning ordinances, etc) The claim that HOAs raise property values has little data to support either the pro or the con position. Such data would be very hard to obtain and analyze because of the many variables - however, the general consensus (not among marketeers) is that there is little difference. As someone else pointed out, the primary "selling" point of real property is LOCATION LOCATION LOCATION. On the water, or in the city, etc. If anything, in recent years the presence of an HOA can be a detriment. I have sat in legislative hearings where real estate brokers have bemoaned the existance of HOAs as hurting their sales (because of recent scandals).

So there you have it. What is to be done?


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Try

Submitted by Anonymous on Tue, 06/05/2007 - 1:08pm.

<>

Try http://www.cairf.org/research/survey_homeowner.aspx


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In response to: Actually,

Submitted by Anonymous on Tue, 06/05/2007 - 1:16pm.

In response to:
<<1ST AMENDMENT PLANNING
THE BILL OF RIGHTS FOR FREE SPEECH

The First Amendment protects the rights of individuals to speak freely whether or not the majority approves of what they say. It does not matter if MOST, some, or NONE agree with me; I have a basic right to state what I please. And, the majority may not deny me or any other opposition the right to vote.>>

Actually, this is a common misinterpretation. The First Amendment PROHIBITS the government from infringing on your right to free speech, in the case of the US Consitution, it specifically refers to the actions of the federal government.

It does not prohibit others from limiting your speech in a variety of circumstances. Just as you cannot yell fire in a crowded theatre, your employer can also prevent you from preaching your religion in the lunchroom and the local sports franchise can eject you for spouting vitriol at the referees/umpires.

Now notwithstanding the abuses of the Patriot Act and their denial of basic constitutional rights, the same rules and circumstances do not apply to non-governmental entities, whether they are your church, your HOA, or your employer.

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Response to Raunstar: Quote:

Submitted by Anonymous on Tue, 06/05/2007 - 1:28pm.

Response to Raunstar:
Quote: Why don't you encourage the "Most" who love their HOAs & don't want government interference to post their wonderful idealistic stories here? After all, these happy joyful people ought to have a little extra time on their hands to tell us all how happy they are and why they're so very happy. Unquote

Because "most" people can't be bothered with wasting time on a small, self-selected group of disgruntled folks with nothing better to do than whine to each other how evil the rest of the world is and how much better it would be if someone passed a law to remake it in their image. The folks who like their communities are out playing with the kids, socializing with neighbors, working to make their communities better, and not spending their time complaining, criticizing, and bemoaning their fate.

Really, it is probably time to grow up everyone.

If you don't like your community move. No one is forcing you to stay.

If you think it can be run better then help run it. It's easy to be a Monday morning quarterback, but a lot harder to get out there on the field yourself.

If you think you have a better idea see if you can get someone to buy it. That is the American way. If it really is better than consumers will beat a path to your door. If there was a groundswell of consumer sentiment against HOA's don't you think some enterprising developer would be marketing that and attracting buyers? Of course they would and they would find a way around the government regulations to do it if necessary.

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Well I did move. I now live

Submitted by Raunstar on Wed, 06/06/2007 - 8:21pm.

Well I did move. I now live in the HOA-Free Zone. That's what gives me the power, drive, courage & time to fight to reign in you ego-maniacal Bored members. I'm not preoccupied with violation notices, crooked board meetings, crooked elections, or worrying that some disgruntled bully in my neighborhood will try to steal all of the equity in my home. I can leave my bin out until I get home, and nobody worries or cares, because the people in the HOA-FREE Zone, are actually the happy busy individuals who live their lives and mind their own business. Every citizen has a civic duty to be actively involved in the lawmaking process of our great Country. Lethargy, apathy, and plain old comfortable lifestyles have made Americans spectators in the arena of their lives. But NO MORE. Thanks to the gross abuse of power exercised so obviously and blatantly by HOA Bored members; people are standing up and taking notice, getting involved and changing things for the better.

Quote: The folks who like their communities are out playing with the kids, socializing with neighbors, working to make their communities better, and not spending their time complaining, criticizing, and bemoaning their fate.

I ask.... how can that be? When most HOAs have rules that prohibit any sort of spirited play & entertainment. No playing in the streets, no bicycles in the common areas, no playing in the common areas, No basket ball hoops, No sport courts, No No No No NO! I doubt your statement has any accuracy whatsoever, unless you too live in the HOA-FREE Zone like I do, where children & their families do play in the street and at the local park. If you think happiness is total subjugation to some pig-headed uppity judgmental neighbor, then you must be that pig-headed judgmental neighbor. The rest of us prefer to own our own property, have the right to do with it as we please, (In accordance with local government ordinances) and have our neighbors butt the hell out of our lives and mind their own business.

But hey, it's all just my humble HOA-Free Zone OPINION.


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Dear RAUNSTAR- I REALLY

Submitted by Anonymous100 (not verified) on Sat, 02/09/2008 - 3:56pm.

Dear RAUNSTAR- I REALLY APPRECIATE YOU! THANKS FOR ALL THE WONDERFUL INFORMATION AND DEDICATING YOURSELF LIKE THIS-I ADMIRE YOU VERY, VERY MUCH.

BUT- I HAD TO LAUGH! OUR HOA KING PLAYS IN THE STREET-God-I almost choked on my coffee when I read about "Playing in the streets" being an attribute of a happy family in a community! LOL! That IS one of the things the "PSYCHO" HOA TREASURER does with the little boys who are his SONS and his daughter and whatever "other MALE CHILDREN" he includes in the "STREETPLAY SESSIONS" they engage in. Sounds real nice until you realize they are dodging autos and trucks! Everyone has to slow WAY down for them. Several times though his WIFE has sped around the very same corner and almost hit me when I was crossing!! GEE - drive fast as you please when YOUR OWN kids are not out on the street-But everyone is supposed to KISS their BUTT and crawl along-being mindful of the 20 mile per hour speed sign THEY GOT INSTALLED RIGHT ACROSS FROM MY DRIVEWAY-JUST FOR THEM! THE RULES APPLY- EXCEPT FOR THEM!

EARTH TO THOSE PSYCHO-NAUTS-! STREETS ARE FOR AUTOS/BUSES/TRUCKS and MotorBIKES and Bicycles-NOT to PLAY IN! WE have a PARK-FOR PLAYING IN-right up the main street! Psycho guy can't be bothered with all that fuss of walking there. REMEMBER-HE's the KING OF THE NEIGHBORHOOD! HE RULES! WATCH YOUR A**!


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"The real credit belongs to

Submitted by Anonymous on Tue, 06/05/2007 - 5:14pm.

"The real credit belongs to the man in the arena.
Who knows the great devotions and enthusiasms.
Who at best knows triumph of HIGH achievement,
At worst, if he fails, FAILS WHILE DARING GREATLY.
So that his soul shall never be with those cold and bitter souls who know neither VICTORY nor DEFEAT."

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"In fact, many government

Submitted by Anonymous on Tue, 06/05/2007 - 5:59pm.

"In fact, many government "interventions" only serve to increase the cost of operations within an association and result in increased assessments. Just ask the folks in California how much it has cost to implement their new HOA election laws. "

Just ask the homeowners who lost $650,000 and another that lost $2 million here whether they would have preferred meaningful regulation....

I do not live in California, but I can tell you that the pat retort is always how much it will cost. THat's a bogus argument. The cost of not having regulation is far greater.

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Ah there's that word again

Submitted by Anonymous on Tue, 06/05/2007 - 7:42pm.

Ah there's that word again "a few disgruntled" - it IS a mantra! And utter baloney. A "few disgruntled" folks, for example, managed to uncover hundreds of thousands of dollars of embezzlement in an association. Another uncovered 2 million dollars, another $500,000, and so on. Once the theft was known, it was a WHOLE LOT of "disgruntled folks". And this does not touch the problems of PEACE OF MIND that homeowners lose when they fear (with reason) an out-of-control board, or (as often the case) one or two board members who run the show. The other problem is that many homeowners are intimated and threatened by those who have an interest in maintaining the "FEW" in power who are abusing homeowners' trust and acting like egomaniacs. These board members are sometimes enabled by "professionals" who feel it is their job to