Neighbors at War! - The Creepy Case Against Your Homeowners Association

Nila from Kansas is going to be doing quite  a few guess blogs for us to keep HVPOA updated on what's happening in the nation with reagard to Association law.

Neighbors at War! - The Creepy Case Against Your Homeowners Association:
The initial news was stunning. Arizona Governor Jan Brewer had just signed a campaign finance bill that radically changed the powers of Homeowners Boards and HOA managers. That little contradiction should raise your eyebrows. A campaign finance bill that allows untrained HOA managers to appear in Small Claims and Administrative Law Courts playing like make-believe lawyers on behalf of Homeowners Associations? A Campaign Finance bill that regulates whether Homeowners Associations can have on-street or off-street parking?

"The story behind the story is that the Community Associations (CAI) Institute is in every Legislature in the land, constantly lobbying to increase the powers of HOAs, and weaken the Constitutional powers of average citizens. "

read the rest of the story here.

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What I Learned About Living In An HOA

This is a guest post by Nila Ridings in Ohio. She is working with Ward Lucus, Author of "Neighbors at War." Nila and Ward are starting a grassroots movement to put some common sense into HOA law.We'll keep you posted.

Telling the truth is not okay as a member of an HOA.

All of my neighbors are my business partners.

Not all board members are honest, nice, reasonable or intelligent.

HOA contracts are one-sided...always on the board's side.

I needed to set aside $600 per month for attorney bills.

Board member power can turn a silver-haired retiree into a Nazi.

Stress from living in an HOA destroys good health and the quality of life.

It is a myth that HOAs preserve property values.

When I signed the HOA purchase, I signed away my US Constitutional Rights.

I've paid a tremendous price for this education and my conscience tells me I must share it. In the same way I would warn another driver about a rock slide around the blind curve on a mountain road, I wish to warn my fellow Americans of the dangers and devastation that awaits them lurking behind the guise of the homeowners association where their “dream home” sits.

The jig is up with the HOAs. Everyday, it seems more embezzlement is exposed. The time has come for us to hold hands, ban together, and let our legislators hear our pleas for help.

Nila Ridings

Learning to love my HOA

Here's a funny article on learning to love the HOA. Here at the Member to Member sight we do a lot of critical analysis and education (some call complaining and indoctrination)--and its good to get a bit of a laugh in and look at the good side of HOA (POA) governance. Here is a cute article--you may want to read the whole thing--click through, its brief and funny:

Learning to love my HOA: "I have mixed emotions about neighborhood homeowners associations, or HOAs. I don't really want anybody telling me what I can and can't do with my own property. On the other hand, I definitely want someone telling my neighbors what they can and can't do.

In the past, I've been critical of my own HOA. For two years, I battled the president and his henchmen - I mean, the board - over a portable basketball goal, which they said was prohibited by the covenants. I maintained it wasn't. The stalemate was broken when the board resigned and the president was exiled to the isle of Elba, off the coast of Italy.

Excuse me, wrong megalomaniac. Actually, I think he still lives in the neighborhood, keeping a low profile. As a postscript to that story, many of my neighbors now have portable basketball goals, just because they can."

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HOA board member's bad behavior catches up with him - www.ktnv.com

This is an interesting case about HOAs and how a board member was clinging to the board without having proper elections (like some we know)..besides the power grab and unreasonableness--the members found a unique way to go after him and the board breaking so many laws--they went through the real estate division!!!!

Read their story, its worth it and does resemble us a little bit.

HOA board member's bad behavior catches up with him - www.ktnv.com: "The state found plenty of reason in the homeowners' complaints. They recently sent a letter to Bitsky, his wife and their friend -- who make up the entire three-person Autumn Chase board.
The letter says the Real Estate Division has "obtained sufficient evidence to commence a disciplinary action... and intends to file a complaint for hearing before the Commission for Common Interest Communities."
In the letter, the Autumn Chase board is accused of violating more than 16 state laws, including failing to audit HOA funds; failing to hold proper elections; and conducting financial transactions not in the association's interest and for their own personal gain such as using association money to install security cameras on their home."

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A Board can be as petty as it's most petty member

Rueben from Cambridge gave us this about Borads:
"The board is only as good and responsible and reasonable as the individuals who serve on it. What's more, and this is very important to understand, HOA boards can be as petty as their most petty individual board member." Reuben Moore

     Below this post, we have some moore from Reuben--we think he should move to Hideaway! OK--time to talk about honor and duty and ask why Roy won't just do the right thing and run again--as promised at the April meeting by the president?
     Recently a member sent in a cartoon and we at the Member to Member site passed it along--it showed a man declaring that his term for trustee was up, BUT he didn't want to bother to run again. So the cartoon guy was just going to pretend there was a mistake on the ballot and simply stay in office. That would be like Roy Walker.
     Then a trustee sent in an email saying the cartoon was rude and asked members to let bygones by bygones and try to get along. So the administrators of the member to member site took it under advisement and did not send out the 5 other humorous cartoons in our possession.
     But this is a two way street. More importantly we want the board to just follow the rules. What is rude is for a grown man to not honor a ballot he, himself wrote and ran on. The ballot said, "You are voting to elect these trustees until April of 2012,." Roy's term was up 3 months ago. He doesn't want to run like a big boy for another term. "the ballot was a misprint" he whined. Gary Jorden, the then president promised the members at the April Member's meeting that they would correct the situation. Gary Jorden was right--but he resigned before the problem was corrected. Why?
     If you don't care about our bylaws, do nothing. If you want our trustees to follow our governing documents--the ones we voted on, then show up and let your voice be heard--the unfortunate thing is members have been showing up to a lot of the meetings complaining about this--but Roy just keeps on doing what he wants--NOT following the documents and ignoring valid points about the law and ballot.
     So show up. If Roy chooses not to resign--as dictated by the legal ballot he himself wrote, then the member to member site will begin the process of vetting Roy-something that hasn't been done yet.
     Do the right thing or we'll be doing the FACTS BACK. -Randy may not know who sent out that despicable email in his name, but many of us do.

So here is Moore from Reuben about how petty tyrants get on boards:
So how does a good idea go bad? Well, I think we have to look at the people inevitably drawn to the leadership of any given HOA. Whether they win an HOA election or not, the petty tyrants always want to run the association. They are the first to line up as candidates, and they are too often unchallenged in the elections. So, if not enough members stop them, they end up running the show.

And here's another fact: Most HOA members, like myself, are too busy attending to their own lives, families, and careers to worry about their neighborhood association. It's just one of those things we often choose not to worry about. Most of us do not participate at all and that includes participating in the board elections. Again, the petty tyrants know this and take advantage of this. Therefore many HOA boards, like ours, are largely unelected and unaccountable. Beware unaccountable petty tyrants run amuck!

Cheating in HOA Elections

Yes, we did have a "cheat" in the last election at Hideaway--he ran to fill an office until April and just decided to stay on the board without running again as the ballot stated. That's cheating--you don't take away the right for people to bleive in their ballot--your don't appoint yourself to fill a different position from that voted on.

Read here what an attoreny says about cheating by clicking on the link.

         Cheating in HOA Elections

     Residents of a community who believe an election was conducted improperly can challenge the results of that election. The matter can wind up in court, costing everyone a great deal of money, time, and energy. In the process, neighbor can be pitted against neighbor and hard feelings can unwittingly be engendered—sometimes over what is fundamentally just a misunderstanding of how to conduct a proper community election.


     Nobody wants to wind up being viewed as a possible cheat by his neighbor just because his HOA's election rules weren’t specific enough, or because board members themselves weren’t aware of how to run the process correctly. That’s why it is essential to understand the proper election procedures, and run things in accordance with them. A properly run election helps to avoid even the appearance of impropriety and reduces the risk of expensive legal challenges

4th of July celebrations spotlight county : Sanpete County, Utah News

4th of July celebrations spotlight county : Sanpete County, Utah News: "Hideaway Valley

The little hamlet of Hideaway Valley, tucked off the main highway, will celebrate the Fourth of July will festivities at the Biery Hobby Farm, from 8 a.m. to 2 p.m.

There will be a free pancake breakfast for early birds and helpers at 8 a.m., followed by a Boy Scout of America flag presentation and pledge of allegiance at 8:30 a.m.

At 8:45 a.m., there will be Independence Day youth speakers, with "Big Bang" activities at 9 a.m., including a free children's carnival, featuring beanbag toss, pound-a-nail, fishing, face painting and more.

Other events include youth motocross for all competitive youth, professional climbing wall, shooting gallery, barn sale and silent auction, farmer's market, bake sale, and food booth. A door prize raffle will be held at 1 p.m."

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