Tag: HOA advocates

HOA social media misguided expectations

Way back when, in the beginnings of time when the internet was first being used to contact people — remember email lists — a CAI poster on its page recognized the fact that CAI could not control the internet, like presumably with the news media.  And thank goodness!

Given all the above, social media is inundated with homeowners facing serious problems with their HOA  and who cry out for help and assistance, but discover no solution to their complaints.  Yes, there’s plenty of good advice and suggestions, links to state laws and cases, etc.  The truth of the matter is that it is they, the poster, who must take action to resolve his grievances following the leads presented on the social media groups.

I’ve found that a good many of these complaints do not arise from a wrongful act by the HOA or a violation of the law. They are simply an exercise in the broad discretionary powers granted to the BOD in the governing documents; the homeowner just doesn’t like them. Nothing can be done except try to change the make up of the board, which requires a specified number of neighbors to join in. Fact chance!  Do they charge their town council with wrongdoing when they disagree with a position taken by the council?  Not usually.

While homeowners airing their problems on the internet may get   a large degree of sympathy — poor guy, they dun me wrong, unbelievable, etc. — nothing is accomplished when dealing with rogue HOAs and directors. By definition, the law and governing documents mean nothing to them, and they know that some 80+% will not take effective action – sue the bastards! And the numerous consumer protection – regulation agencies are ineffective lacking in punitive actions. The HOA holds all the aces; you lose!

The bottom line is to lobby the legislature to adopt 1)  substantive laws that protect your individual rights and freedoms supposedly guaranteed by the Constitution, 2) fair elections procedures to level the playing field for the democratic functioning of the HOA (how about ½ vote per lot if the owner resides less than 7 months), 3) attainable HOA enforcement procedures that effectively serve as a punishment  and as a detriment to further wrongful conduct, as exists with misdemeanors charges in the public domain, and 4) prohibit the cruel and unusual punishment allowed in the current  homeowner losers all foreclosure procedures.

All social media groups must make these reforms a top priority and inform the complaining homeowner that there is no push button instant solution to the ills of HOAs in our society.  We can only  hope that the majority of owners will finally realize that they are up the creek without a paddle and get angry enough to get involved wholeheartedly. This should be objective for all HOA social media groups.

Trump Era lessons for HOA Reformers

Before you turnoff not wanting to hear anything involving Donald Trump, that would be  big mistake. A BIG mistake!  Trump is a model of successful power politics at work that have not been adopted by advocates.

There are two important lessons that should be employed if substantial reforms are the object.  First, Trump is noted for attacking his accusers raising the argument of unclean hands.

“The legal term clean hands refers to a defense in a civil lawsuit regarding a contract, which allows a defendant (the person being sued) to claim that the plaintiff (the person suing) has engaged in wrongdoing. If the defendant is successful in proving the plaintiff had unclean hands through bad or illegal behavior, the plaintiff would not be able to obtain a remedy from the court.”

This tactic is so ripe for application against rogue HOA boards and officers, including CAI and the HOA managers.  Easily demonstrated if time is taken in the course of claims to collect this evidence for the court.  And also, when advancing proposed reform bills to your legislature – CAI will be whispering in the halls of the legislature.  Let the legislators know!

Second, and very effective, is to use CAI’s words and documents against it — there is plenty of fodder. Very difficult to explain after exposing a litany of common attitudes and hypocrisy.  Look at what Trump is facing in his numerous indictments.

What are reformers afraid of?  When getting very little anyway there is very little to lose.

Media fails 1st Amendment free HOA speech

The media has failed its First Amendment prerogative of protected free speech. The Founding Fathers well understood the need for an informed citizenry for a healthy democracy and made free speech the 1st Amendment. However, America has become divided and the courts, including the Supreme Court, have adopted a policy that biased, personal agenda speech is OK because America has many channels for opposing speech. For example, FOX  News and MSNBC.

But the media has silenced the opposing views of HOA members themselves.

The Supreme Court (New York Times Co. v. Sullivan (1964),  with respect to newspaper articles, held:

“In the case of the newspaper that published inaccurate information, that form of speech would not be protected by the First Amendment if the newspaper published falsehoods knowingly and purposefully. . . . The Supreme Court ruled that the newspaper was constitutionally protected in this instance, despite the false allegations, since the newspaper did not knowingly and recklessly publish the inaccuracies.”

In response to a call for a media contact committee by HRLNG (FB) I wrote today:

“This has been a long-neglected point of power for advocates, realizing that the media is part of what I’ve designated as, “the unspoken alliance of NO HOA negative stories.” Ask yourself, recalling all the TV anchors telling you that they ask hard questions, they get to the facts, etc. yet nothing bad about HOAs that amount to substantial issues. Yes, they talk about this incident and that incident, but substantive issues go ignored. This must be the substance of your approach! Example: NAR and all state chapters claim they are here for you the home buyer and you can trust your Realtor (This term is the NAR members only). BUT HOA??? What’s that??

“The Homes Association Handbook, the 1964 “bible” for HOA-Land was supported by that version of NAR. AARP had some articles but no lobbying for its age 50+, members. Why not? This committee must not be afraid to ask these hard questions. What do you have to lose? They did very little for HOA reforms. CHALLENGE THEM and ask hard questions in pursuit of the truth!”

The Art of War and HOA Reforms War #1

While HOA reforms require new legislation in every state to restore lost rights and freedoms resulting from the adhesion, authoritarian CC&Rs “contract,” advocates need to understand that reform activity has moved from a social and political movement to a war against an entrenched enemy.  I have used terms like doing battle,  the enemy, attack, etc. not lightheartedly.

The common quote from The Art of War (the James Clavell version is easy reading), “If you know yourself and your enemy, you need not fear the result of a hundred battles,” is just one of many that are easily applied to any organized civil, contentious movement.  Just like we are facing in our attempts to reform the HOA concept and being faced with opposing forces led by CAI. 

We must all toughen up for success!

I have selected several statements from Chapter VI that can easily be seen as applicable to our efforts.  As a longtime student of history, especially military history, I offer my interpretations.  Alternate interpretations are possible. The numbering reflects the sentence number as used by Lao Tzu.

Chapter VI–

  1. Whoever is first in the field and awaits the coming of the enemy, will be fresh for the fight; whoever is second in the field and has to hasten to battle will arrive exhausted.

2.Therefore, the clever combatant imposes his will on the enemy, but does not allow the enemy’s will to be imposed on him.

5.   Appear at points which the enemy must hasten to defend; march swiftly to places where you are not expected.

[Too often advocates have reacted to the CAI supported bills or positions rather putting their positions and bills on the “table” out first. They then need to catchup and defend against the allegations and not arguing their positions.]

[The following quotes advise the General (leader) to know the enemy — your opponent. Power negotiations is a two-party “game” and knowing the opposing teams’ strengths is important for success.]

10.  You may advance and be absolutely irresistible, if you make for the enemy’s weak points; you may retire and be safe from pursuit if your movements are more rapid than those of the enemy.

        [Taking some action regarding bills or any statements that need to be challenged.]

13.  By discovering the enemy’s dispositions and remaining invisible ourselves, we can keep our forces concentrated, while the enemy’s must be divided.

14.  We can form a single united body, while the enemy must split up into fractions. 

        [A failure of advocates to unite has hurt the reform movement. Each failure to unite allows CAI to boast, “See, they are nothing to be worried about.”  Legislators, like everybody else including lawyers, want to back winners, not losers.]

19.  Knowing the place and the time of the coming battle, we may concentrate from the greatest distances in order to fight.

22. Though the enemy be stronger in numbers, we may prevent him from fighting. Scheme so as to discover his plans and the likelihood of their success.

23.  Force him to reveal himself, so as to find out his vulnerable spots.

     [In summarizing these last 5 statements, advocates need spies, just like our military uses spies and sends out recon units in order to find out what’s happening. Lao Tzu stresses this aspect in his last chapter. With CAI closing ranks and restricting access to its websites, member spies must be recruited.  I did well using spies in my early activist days.]

A united, national front to HOA reform legislation

A private Facebook group has undertaken a gallant and tedious effort to inform advocates across the country proposing reform legislation. Its Admin, Patrick, provides a list of numerous bills that are applicable to all states with modifications. Thus, I proposed a broad sweeping “intent section” by the homeowner rights advocates to be included in all proposed legislation under the Homeowner Reform Leaders National Group (HRLING). It should be added as the last section to all bills, e.g., “Section2. Intention of . . . HRLNG.”

As for specific legislation I proposed, I make reference to the “Homeowner Association Consent to be Governed Agreement An Act (to be known as the ‘Truth in HOAs’ Act,” paragraphs 1 and 4, March 2011).

  1. “No provision of any contract or any declaration of covenants, conditions, and restrictions affecting lawful property uses of residences in a subdivision or condominium is enforceable in this state unless the party seeking to enforce the provision proves by clear and convincing evidence that 1) the provision being enforced was knowingly and voluntarily agreed to by all parties against whom it is being enforced; or 2) all parties against whom the provision is being enforced knowingly and voluntarily agreed to be bound by the provision without reading or understanding it.
  2. “Therefore, the CC&Rs or Declaration for any planned community, condominium association or homeowners association shall state that, ‘The association hereby waivers and surrenders any rights or claims it may have, and herewith unconditionally and irrevocably agrees to be bound by the US and State Constitutions and laws of the State as if it were a local public government entity.’”