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Restitution
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Buyers and Lenders Should Beware of Anything with a Homeowner Association Attached
Never rent, and never buy anything with a homeowners association
December 21, 2007
By
Kathy Litaker
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YES! As you have correctly observed, "It's like living in a small dictatorship..." Keep in mind, we are now a multitude of "small dictatorships in this country, in the guise of HOA/CID corporations.
As I once observed on this website: HOAs ARE THE NEW INTERNMENT CAMPS OF THE NEW WORLD ORDER" and, "HAVE WE BOUGHT IN TO OUR OWN PRISON SYSTEM?"
We all need to be asking WHY our government is so willing to support a government system that is so reminiscent of communism, with all of its graft, corruption and lawlessness on the small man, by the upper ranks -- a system this country has has opposed to since its inception, in the days of William Bradford, and the pilgrims.
Consider: It is well documented that the pilgrims at first tried a system of communal living where all property was held in com mom, much as in our HOA/CIDs today. That experiment lasted just three years and was a dismal failure that had to revert back to the concept of private property holdings in order to preserve the people.
We now call this communistic/socialistic system, "Corporate America," and, there is "no adequate regulatory body to oversee this problem." We are now a country governed from the top down, it is no longer "a government of the people, for the people."
WHAT can we do about it?
I do agree with you, "I admire anyone and everyone that is writing an article and is involved with solutions to this nightmare that has occurred on every front of every community we live in."
However, remember what has happened to those in communistic/socialistic regimes when they have spoken out; i.e., count the cost before you put your hand to the plow of advocacy.
IF you can still say you are willing to go forward with being a voice crying out in the torrent of apathy that is so prevalent today -- I will stand with you.
Posted Jan 10 2008 10:23PM CET
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Sharon Stephens
Montclair, California |
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"Buyers and Lenders Should Beware of Anything with a Homeowner Association Attached - Never rent, and never buy anything with a homeowners association." This is a disclosure and a warning to all Americans considering buying cages in homeowner association.
Here is a warning to all International investors considering lending money on the stolen homes and property of millions of Americans the corrupt lawyers, judges and politicians have herded into homeowner association slave camps and other mortgage scams.
Never "lend or invest" or profit from America's securitized stolen "mortgages".
If you participated and profited from "investing" in this international stolen mortgage and banking scam, please return the stolen money to the rightful owners.
Posted Jan 10 2008 7:35PM CET
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Username withheld
, California |
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After having experience in what happens also through the counts in attempting to redress any grievances you might have in either the fees charged or property rights denied in some of these communities, while it is convenient at times to totally lay blame on the CAI and courts, Boards and management concerns, I defer somewhat in laying most of the blame with this city/state partnership for tax revenue and excessive land use control, on the actual initiators, the city/state/developers, without effective oversight and regulation in place prior to zoning land and placing these lien interests upon them - and although many owners such as myself were caught totally unaware more than 12 years ago of what we had 'bought into' and also hit like a brick with the statutes which have taken the 'community' out of 'community association,' with affording now even fining powers and upholding those, in a strict reading of the Constitution itself, unlawful non-judicial foreclosures - there are some as evidenced by a great many posters here that do feel the trade-offs are worth the cost, and they do seem to be favored also by those in the industries profiting also from this type of housing.
The original idea although actually economically motivated for the city/developer's welfare primarily, although appears shrinking does have a market for this type of housing, and although now taken to extremes in some states and communities, the original idea of reinforcing merely city ordinances through local control and enforcement was not a bad idea, but as had been apparent with the need for a federal Flag Act the words 'reasonable' in interpretations of these 'ordinances' clearly lacking.
As a former owner in one though no longer at great cost, I myself would have been happy since in my state property taxes had skyrocketed, and the standards and interpretations became so unreasonable and even with more than an adequate hedge against major maintenance needs provided, if there had simply been at least tax credits given, assets adequately evaluated prior to even proposing increases in assessments (we actually even had a spare lot never valued), and at least a panel of at least seven rotating disinterested homeowners involved in reviewing for consensus any alleged 'deficiency' prior to even addressing such a concern with an owner to at least acknowledge that, first and foremost, that is what community and neighborliness is all about, and also acknowledging that in the interest of safety concerns in major metropolitan cities, some of those 'standards' and 'procedures' for approvals or violations did not recognize that these communities are not 'islands' and that the larger concerns and protective measures necessary for property protection sometimes takes precedence over esthetics. Common sense and lack of empathy and real 'community' have been sacrificed in the name of 'property value,' 'community integrity,' and the 'business judgment rule' - which has even strayed from non-profit status, to for-profit status, and in many homeowners opinions has really no place in not just the investment aspect, but emotional attachment these Associations made of people attach to their home.
Which is the basic reason people purchase homes rather than rent to begin with - to have a place they can call and make their own, and private sanctuary from their 'public' lives. If you don't have at least a modicum of freedom over your home and your personal lifestyle, why would you even buy rather than simply rent a property to begin with? (which in some instances as is becoming apparent, renters have even more 'rights' than the rights which have been stripped from many of the owners in these communities).
If more recognition of property rights were accorded and the scales tipped a bit back again in recognizing those rights, especially with condos and such there is a place for this type housing in America, but unfortunately right now appears totally out of whack in the past legislation at least many states throughout the nation.
At least the reinstatement of homestead protection or at the minimum judicial/jury determinations due to lack of a regulatory agency or oversight now prior to instituting any 'seizure' and tax credits given would be a start.
My opinion, of course, but also in order to insure that 'choice' is still an option for future generations, at least restricting this type of housing to a percentage of residential zoning requests at the state level would not leave the middle class or lower income classes homeless, as is occurring right now due to both the overzealousness of both the banking and HOA foreclosure industries, along with the state collusion in their negligence in not 'regulating' these 'commercial' concerns per their Constitutional duties, but rather even encouraging and colluding with these concerns at the general public's expense as is now evident.
Effective regulation over both Boards and industries, at least a tax deduction, if not tax credit, for the 'excess' property taxes imposed for those sums being contributed for usual city services, zoning limits on future redevelopment, and city/state 'charter' review and oversight might put 'community' back into these neighborhoods once again, and still leave plenty of profit for these industries since, condos and such as 'starter' homes anyway tend to turnover frequently, as most of the retirement communities in the most affected states with the greatest number of these communities.
In Arizona, Phoenix itself is a high crime area, and personal safety needs and precautions needed for many homes in high crime cities and HOA provisions, are actually in direct contradiction to city law enforcement recommendations. The inflexibility of this 'business judgment' continued argument in most of what is occuring at least the past five years or so, is not taking into consideration that people's personal lives, livelihoods and personal and family safety and security needs are no one's 'business' but theirs, and these were not to be 'communes' but individual homes with only one common purpose, really, organized solely to take care of the costs of the jointly owned property - yet has strayed so far from that original purely administrative caretaking concept.
Posted Jan 8 2008 5:22PM CET
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Username withheld
Phoenix, Arizona |
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I thank u very much for ur article and much has akready been written on the subject time and again.
It is a matter of regret that State and its entities have expressed their their inablitity to intervene on the subject to be please read in context of CALIFORNIA to avoid any misunderstandindings whatsoever in view of civil nature of the affairs and am not conversent with the governing laws of other states .
It is a matter of regret that the subject are being governed to the free will for one reason or other with respective protection of insurance umberalla and good faith judgements/indemnifactions etc in my opionin and no one seems to be interested as i feel to check on the affairs and concerns.
I do not have words to suggest some ways to have an amicable resolution in the present state of affairs unless Attorney-General ,IRS/FTB wrt california state may look into affairs on random basis to avoid reoccurances whatsoever and in public interest and other states may follow suit.
Moreover subject cannot be ignored for one reason or other and to cut short the subject is so complex and in my opionin it appears to be beyond repair needs a review of Honorable lawmakers .
I strongly feel that the media may also come forward to look into and involved in the hardships on merit of the homeowners and may bring into the attention of the readers and the respective state and its entities.
Times are changing and as such the basic policies in public interest may be looked into to the best interest of all concerned
It is felt that with the involvement of madia may draw attention of State and Federal agencies about the plight of Homeowners if any and may result in the corrective steps accordingly.
Moreover inview of non-profit status of the concerned I also feel IRS/FTB may also look into cases on random basis and may highlight discrepancies if any with a view in future so that all concerned may act accordingly in the interest of all concerned please.
In the absence of any corrective steps , in my opionin we may have to bear with this state of affairs in the time to come.
Anyway as stated elsewhere it is in the best interest for all to get involved in the affairs and concerns of the self-governed Homeowner body/community and may be dealt in the manner deem fit by all concerned.This is to be read in recent judgement of Honorable Court wherein emphasis had been laid on the members to get involved and if needed may do recall if necessary.To sum -up to have suitable efficient Members to govern as they may deem fit.
Needless to mention suggestions from readers are highly solicited and appreciated please on the subject.
Let us hope for the best in the time to come.
With kindest regards,
Ravi Kapoor
Paramount,California
Posted Dec 27 2007 2:52AM CET
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Ravi Kapoor
(View Profile)
Paramount, California |
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Username withheld in ,ot:
(howlin laffin) about "dumbass" law. (still snickering)
Many, if not most, states have "dumbass" laws about HOAs these days (including Colorado), mainly because we have "dumbass" politicians, ie, corrupt to their very cores. (sigh)
BTW, what state is "ot"????
Jan Jackson
Colorado HOA News
Posted Dec 23 2007 6:25AM CET
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Jan Jackson
Florissant, Colorado |
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poster #4 -
Is your HOA going bankrupt because that one person hasn't paid their dues for over a year? Why not just place a lien on the property payable at the time of sale. Many many states do that and you certainly DO NOT hear about HOA's going upside down. Try it. It's a much nicer way to be neighborly.
If the foreclosure is so stressful, just vote to pass a CCR that says lien only. of course, you live in California so it does not surprise me that your politicians have voted to allow such an dumbass law.
Posted Dec 23 2007 5:50AM CET
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Username withheld
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To Username withheld in Anaheim, California:
Question: Why should homeowners be burdened with government-mandated HOAs and CICs in the first place?
Answer: They shouldn't.
We The People in every state in these United States should repeal their HOA/CIC statutes. Try it. You might like living in freedom and liberty again with your own private property rights that are guaranteed to all of us by our Constitution.
Jan Jackson
Colorado HOA News
Posted Dec 21 2007 9:30PM CET
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Jan Jackson
Florissant, Colorado |
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If You stick around long enough and YOU start informing others of what's going on about the Management Companies and their Lawyers you will soon learn that HOA's don't need to have a Management Company.
Every homeowner is a "board member" and has the privilege of make changes. I've been living in my dictatorship for 10 years now and I was put on the board by default. Guess what I am making a difference and now understand the emotional stress of having to foreclose on someone who has not paid anything for over a year - why should everyone have to pay for those who choose not to anything.
The current board is asking why it was not taken of by our management company before it got to this point. We can give them, Management Company, notice and have all records transferred to whom ever WE choose.
Give it a try YOU might make a difference!
Posted Dec 21 2007 7:49PM CET
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Username withheld
Anaheim, California |
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Liens and foreclosures appear to be the "bread and butter" for Community Associations Institute (CAI) lawyers-lobbyists -- many of whom represent homeowners associations (HOAs) boards of directors (and their cabals) exclusively.
Liens and foreclosures on innocent homeowners, which take away all that those homeowners have worked for all of their lives, appear to be the vehicle by which CAI lawyers-lobbyists built their power-and-money empire in the United States.
And they're still doing that to vulnerable homeowners (in concert with state legislators), all over our country -- unabated.
Jan Jackson
Colorado HOA News
Posted Dec 21 2007 5:28PM CET
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Jan Jackson
Florissant, Colorado |
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I have written to state lawmakers over and over - the same reply, we do not regulate HOA's. Who does? How can they make up rules and laws as they go along?
Our HOA has been declared invalid by the court, yet they continue to file property liens. The RMC office at the court house allows it because their reasoning is they cannot check the validity of the liens.
As long as liens are signed by two people, they're valid. What a joke!
Posted Dec 21 2007 2:59PM CET
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Username withheld
North Charleston, South Carolina |
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