Psychologist defines the HOA Syndrome caused by oppressive HOAs

Psychologist, Dr. Gary Solomon, a professor at the College of Southern Nevada, has advanced a definition of the HOA Syndrome, a disorder not too different from Post Traumatic Stress Disorder (PTSD). He describes the syndrome as,

HOA Syndrome falls into the psychiatric category of Anxiety Disorders. The Syndrome is characterized by a cluster of signs and symptoms– psycho-physiological indicators – such as:

  • feeling angry much of the time
  • anxious
  • on-edge or irritable
  • unhappy in one’s own home
  • depressed and sad
  • worried
  • nihilistic (hopeless)
  • sleeping disorders and/or nightmares
  • fear of going to one’s own mailbox,
  • paranoia
  • fear of allowing one’s children to play in their own neighborhood
  • fear of having one’s car ticketed or towed
  • stressed out
  • hyper-vigilance
  • restlessness
  • fear of losing one’s pet

 

The cause of this disorder, according to Dr. Solomon, lies in,

[T]he HOA strategically begins to focus on the homeowner’s minor, if not non-existent infractions. The purpose for these attacks is to create an income stream. This income stream makes its way into the pockets of the management companies, collection agencies and attorneys, none of whom live within the community that they are harassing. Like ravenous parasites, these organizations feed off of fear-based harassment. The homeowner, now locked into a mortgage, feels powerless over the HOA’s relentless hounding for more and more money. In short: the evolution of schoolyard bullying and lunch money stealing has turned into adult comportment known in the legal world as, racketeering, financial exploitation and extortion, and neighborhood money pilfering.

I, myself, have been contacted many, many times over my 10 years of involvement by widowers, seniors, single moms and “youngsters” seeking a resolution to the stress caused by the harassment and ostracism by the HOA through its newsletter or verbal statements, the HOA’s assault on their persons or properties, or the HOA’s slanderous actions. The HOA, or management firm, or attorney do not return calls or answer questions. The homeowner gets just another letter from the attorney with its $150 fee tacked on to the stated monies owed the attorney. In one outrageous flaunting of absolute power, an attorney, who is also an outstanding CIA member, kept on dunning this senior women although she sent the attorney statements from her bank that the HOA had cashed her assessment checks.

These homeowners, who may have opposed the board or one it its friends, or was the target of an unsupported and arbitrary fine, feel helpless because the police, the county attorney, the consumer protection agency, and the attorney general offer no assistance. And when they do try to contact an attorney, and are not rejected because the attorney works for an HOA(s) and won’t take the case, they may find an attorney who will take the case with his standard upfront retainer fee payment of a few thousand dollars. These homeowners feel isolated and persecuted by the HOA board, and the failure of the supposed democratic process within the HOA, which requires participation by “civic minded” neighbors. These neighbors do not exist – “Not my problem”. They, too, also fear the retaliation through fines and liens for opposing the board, making HOA governance a mockery of justice and the democratic process.

Dr. Solomon will hold a seminar on the HOA Syndrome:

 October 15, 2010

6:00 to 8:00 pm

College of Southern Nevada-Henderson Campus

Room C133

700 College Dr., Henderson, NV 89002

 

For more information please contact Dr. Robin Huhn: 702.812.4599

Read the poster.

TN firehouse adopts HOA philosophy — a business entity

If you haven’t heard, a Tennessee firehouse let a house burn down because the owner didn’t pay a subscription fee, above paying his general taxes.  The firehouse is operating as a business:  revenues  = expenses.  But, they are a public government entity and not a business!

CAI, in its efforts to avoid having HOAs declared a de jure public entity, and subject to constitutional restrictions, has confused the issue by treating the HOA as a privately contractual business.  As I have explained many times (See in general, Understanding the New America of HOA-Lands), government is more than a business, simply based on their objectives —  making a profit vs serving the people.  The HOA legal scheme as a fascist style of constitution — the state comes first above individual liberties and freedoms, and the objective of the state is corporation/business based.  The same as we see with the firehouse.

 The purpose of our government is clearly stated in the Preamble to the Constitution, and by the Social Contract (see Understanding) whereby man surrenders his natural rights to government in exchange for protection of their unalienable rights against harmful factions in society, to provided for a smooth and organized functioning of society by setting rules and regulations, by caring for those facing hardships, and by punishing offenders of the society’s rules (criminal acts). 

This incident is just but one incident of the blurring of the lines between institutionalized private HOA governments and public government.  Our elected representatives are confused about the purpose of government. Government cannot be done away with under dogmatic ideological cries of “government intrusion”, but is necessary for justice, to protect our freedoms, and in no way can be seen as evil while subversive — opposing  Constitutional government — HOAs are praised and mandated.

Comments on CAI opposition to FHFA ban on HOA transfer fees – Notice 2010-N-11

Community Associations Institute, CAI, distributed its Oct 10, 2010 release in opposition to HOA transfer fee ban by the Feds — disguised as a generic appeal for the desperate need for property transfer fees to help mismanaged HOAs.    That’s “mismanaged” and mis-educated by the national educator of HOA boards, homeowners, government and everybody else — CAI.

It’s surface argument, designed to create fears in the minds of unknowing readers, is that the transfer fee gives HOAs much needed income, and the ban will take away what is a right of the private business HOA. The proposed Fed regulation would ban mortgage lenders from dealing with property sales subject to transfer fees.  Implied is that the HOA, like public government, must not be allowed to fail.

Here are a number of questionable statements from the national educator, controlled by lawyers.

1.  For HOAs to comply with the ban on fees in order to get mortgage lenders, CAI claims that the CC&Rs would need to be modified by the “standard” 2/3 vote, a near impossibility.  Well, not so. Most HOAs just take this on as a board decision, defending themselves by declaring that the CC&Rs allow the board may charges fees.  Period.  And if the CC&Rs were modified to include the new transfer fees, what’s the problem?  What say you, CAI?

2.  That these fees have been helped to fund reserve accounts is another CAI claim.  I say, What reserves?  I say, What “reserves for bad debts” standard AICPA procedures has been taught by CAI and used by HOAs to protect against income shortfalls?  None!  (See Using Bad Debt Accounting in HOA Budgets).  So, poorly managed HOAs by boards with defective and incomplete education resort to “socking it to them,” the sellers who will receive no consideration for the fee,. It goes to the HOA and the seller receives no benefit, except for the “payoff” to be able to sell his home.  Furthermore., some HOAs have been advised to stick it to the buyer by placing this payment as one that the buyer must pay into the sales agreement.  WOW!!  Where does the HOA get the nerve to impose on third-parties a cost of buying into the HOA, when there is no contract beyond buyer and the HOA?

3.  And CAI offers the “carrot” to existing homeowners, as if they are not subject to the fee.  CAI states that it will help “financially strapped community associations keep monthly assessments low.”

4.  With this release, CAI continues to promote the New America of HOA-Lands with its authoritarian, undemocratic private governance operating outside Constitutional protections for homeowners.  See Understanding the New America of HOA-Land.

5.  CAI should be investigated for a pattern of activity that supports subversive local governments that deny constitutional protections, sold under questionable methods —  the lack of informed consent and information about life in HOAs.

Ref:  

Notice of Proposed Guidance on Private Transfer Fee Covenants (75 FR 49932) 

Notice 2010-N-11 10/15/2010

Using Bad Debt Accounting in HOA Budgets

My comments in the Northwest Condo & HOA Blog article, “Using Bad Debt Line Items in Association Budgets” is repeated here. 

The choice by HOA boards of the “cruel and unusual punishment” discrminatory foreclosure right, and  unjust transfer fees, coupled with the “free income” gravy money found in a policy to fine, fine, fine is dispicable.  It is a preying upon the weak and disadvantaged. 

My comments.  
 
“You provided very important info on failure to heed CPA advice on bad debts, and choosing to foreclose instead.  HOA boards are derelict in their duties to act prudently.  Foreclousre is unjust and discriminatory against those with high equity.  And foreclosure is a cruel and unusual punishment for the HOA that has not advanced any hardcash like a bank.”
 
In general, see my Commentary links below.
 
 

Understanding the New America of HOA-Land

I assembled several of my publications into this eBook format (5.5 x 8.5 PDF) to present a comprehensive view of the substantive issues relating to the HOA – planned community legal scheme.  The first 3 booklets represent 16 pages, and the “American Political Government” booklet  is a more detailed presentation of some 45 pages.

The cover reads:

“What you need to know about the political and social effects of HOAs on the American way of life.”

“Accepting authoritarian government over democratic government.”

Table of Contents

1. HOAs as an established institution

2. Proposal for muni-zation of HOAs

3. Is there an ideal HOA “constitution”?

4. American political governments

5. George K. Staropoli

Supplemental ebook material (not included):The Foundations of Homeowners Associations and the New  America.

 

Other publications and information can be found at the Citizens for Constitutional Government web site, http://pvtgov.org.