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An Article
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JUSTICE AND INJUSTICE IN HOMEOWNER ASSOCIATIONS
Homeowners Voice Serious Concerns
December 10, 2006
By
John Enright
Copyright © AHRC News Services
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As an addendum to the opinion previously submitted by me:
....and if the 'elected' or 'volunteer' on-site management (i.e., Board) has 'transferred' or 'delegated' their duties to a management concern relying on their expertise or 'professional' unlicensed advice, you are in for 'double trouble' - especially with some of the insurance policies now being underwritten by some disreputable insurers indemnifying them both under one policy (thus, the owner in a dispute in effect is actually paying for his own abuse through his membership dues, most likely without any knowledge or forewarning of the existence of this policy, and with no 'claims loss' either way for its own actions with the Association, Board or owner taking the fall, and allowing the management concern basically to transfer its 'costs of doing business' and act at will against the homeowner while even potentially profiting for its indiscretions).
Management concerns and the attorneys which 'advise' these Boards, as 'agents' by law can create all manner of havoc in these communities, profit by their abuses, turn neighborhoods into war zones which in Arizona have already resulted in deaths, and then actually have the adacity to use those profits for the havoc they have created and homes which they have 'taken' to buy more laws and statutes to further their own agendas and line their pockets with their 'services' to these communities. With their 'best friends' the realtors and brokers then to assist them in 'selling' or most likely act as 'agents' for their own real estate portfolios.
The mafia never had it so good, and this is what is happening in the equity rich states which have been the focus for the laws which have been passed nigh on ten years leaving the lowly homeowner basically defenseless when he actually stands up for his private property ownership rights in these communities.
Keep writing those letters to your legislators. Sooner or later, and with more 'victims' and actual violence occuring as has within the past few years in some of these communities, the voices will be far too loud to be ignored much longer and some real 'regulation', and not just of Boards, will occur.
Posted Dec 16 2006 3:21AM CET
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Linda Geist Gehring
(View Profile)
Phoenix, Arizona |
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Linda Geist Gehring in Phoenix, Arizona, wrote: A man's home IS his castle - but definitely not in an HOA.
Definitely not in an HOA !!There, if you are outside caring for your property, you have 'invited' your neighbors to 'grade' your work on a daily basis. hmmmm... Instead of "grade," I believe I would use the words "negatively criticize your individualistic endeavors," and follow that with something like, "and then immediately contact your HOA's board president with demands that [whatever you did] be removed immediately, along with fines for doing it, as well as insisting that that your HOA's CAI lawyer out a lien on your home." (sigh)
Yes, we need a savior. The savior is the masses. I could not agree more !!
Jan
Colorado Homeowners Associations News forum
Posted Dec 14 2006 1:48AM CET
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Jan Jackson
Florissant, Colorado |
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A man's home IS his castle - but definitely not in an HOA. There, if you are outside caring for your property, you have 'invited' your neighbors to 'grade' your work on a daily basis. Sort of like being a tenant in your own home, or living in a home surrounded by at least four police officers on a daily basis - only it isn't major criminal activity they are concerned with - it is your outdoor patio furniture's quality and design.
Starting with insurers and the laws that provide 'absolute' power and indemnification for any and all 'breaches', whatever their nature, would help, and starting with calling the various states' legislatures on their negligence in not reading their own and the U.S. Constitutions prior to putting pen to paper would help.
Yes, we need a savior. The savior is the masses.
Posted Dec 13 2006 10:52PM CET
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Linda Geist Gehring
(View Profile)
Phoenix, Arizona |
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James Tyrer in Green Valley, Arizona, wrote: "First they ignore you, then they laugh at you, then they fight you, then you win. --Mahatma Gandhi"
Exactly!
But first an HOA homeowner must have the will to fight back, and win.
So, the real question for beleaguered HOA homeowners is: "Do you have that 'will to win' or not," eh?
Jan Jackson
Colorado Homeowners Association News forum
Posted Dec 13 2006 7:44PM CET
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Jan Jackson
Florissant, Colorado |
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"First they ignore you, then they laugh at you, then they fight you, then you win." Mahatma Gandhi
Posted Dec 13 2006 4:49PM CET
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James Tyrer
Green Valley, Arizona |
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John, you wrote: "Christmas is a good reminder of this truth. A tiny child triumphed over the might of a Herod and the Roman Empire. We need another Christmas." Perhaps. But perhaps we need a dose of current reality more?
Christmas is (supposed to be) a celebration of the birth of Jesus, the Christ child. One of the definitions of "Christ" in the dictionary is the "Messiah": "The anticipated deliverer and king of the Jews." But "messiah" -- with a small "m" -- is defined as: "A leader who is regarded as or professes to be a savior or liberator."
So what you seem to be suggesting and, if so, I agree, is that what we HOA homeowners need is a "savior" or a "liberator." And all I can say to that is: BRING HIM/HER ON!!!!!
Here in Colorado, we HOA homeowner advocates plan to try to repeal our HOA laws, aka CCIOA, in 2007 through the petition process. Once we have obtained the requisite number of registered voters signatures on our petitions, and those sigs are approved by our Secretary of State, repealing CCIOA will be on our 2007 ballot. Then We The People of Colorado will (hopefully) show our legislators and Governor who's really boss in this state. We The People are boss! Not our legislators, not CAI lawyers, not developers, and not anyone who is part of the HOA industry.
What we need, John, are intelligent and rational liberators of beleaguered HOA homeowners who are encouraging those homeowners to stand up and be counted in the repeal of CCIOA. Perhaps, if we succeed, we will start a liberating trend throughout the country, eh? :-)
Jan Jackson
Colorado Homeowners Association News forum
Posted Dec 11 2006 3:20AM CET
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Jan Jackson
Florissant, Colorado |
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