Fight for your rights lost in HOA-Land

Amazon review of HOA WARRIOR II: Responding to Pets, Paint, & Parking in Your HOA

Author and advocate Shelly Marshall joins a number of other homeowner rights advocates challenging the misinformation about the real lives of HOA members: Jill Schweitzer (Buying into an HOA with your eyes wide open!), Ward Lucas (Neighbors at War!), Sara Benson (Escaping Condo Jail), and yours truly, George K Staropoli (HOA Common Sense: rejecting private government). There is also extensive material from Deborah Goonan on internet blogs.

Marshall presents reality, and not the propaganda of the special interests supported by your state legislature for the good of the state. “Responding to pets . . .” is an opener to the more serious issues of HOA private regimes. She writes,

“And you have to worry that even though there are laws in place to protect you, there is absolutely no way to enforce those laws except to sue in court. The attorney general of your state and your local law enforcement will most likely call it a “civil” matter, yet HOA disputes are anything but civil. There are precious few agencies that can help you, and so you must learn to protect yourself.”

 

With the above understanding, and until substantive HOA reforms resolve the basic fundamental flaws of the HOA legal scheme, Marshall presents an approach to put the odds in your favor when dealing with your HOA. These are needed to help owners survive under HOA oppression and repression.

Many other “help you” books, especially those written by the special interests and their loyal and faithful followers, present what is essentially a “Never Question the Rules” (From the TV series, Wayward Pines) or board, and life will be dandy. You just have to resign yourself to secondhand citizenship. The courts have held that you, the homeowner, agreed to be treated as such.

The paraphrased Wayward rules, quite applicable to HOA-Land, go on to say,

  1. Enjoy Your Life In [your HOA]!
  2. Be Happy!
  3. . . .
  4. Do Not Discuss the Past!
  5. Do Not Discuss Your Life Before

“Never Question the Rules!”   Never!  Not so says Marshall.  Not so!

Read this highly informative book . . . today.

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Published in: on September 1, 2015 at 12:19 pm  Comments (3)  

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  1. PETITION CFPB – TILA Protections for Homeowners Subject to HOA Homeowner Association Credit Reporting of Financed Assessments

    PLEASE VOICE YOUR CONCERNS TO CONSUMER FINANCE PROTECTION BUREAU (CFPB) http://www.consumerfinance.gov

    TILA Truth in Lending Act could, potentially. offer homeowners protection from:

    1) HOA non-judicial foreclosures and 2) HOA forced arbitration – regarding financed HOA assessments.

    Should TILA (Subpart E 12 CFR 12 CFR 1026.36(h))1 apply to financed homeowner association assessments (i.e., credit transactions secured by consumer’s principal dwelling) based any of the following:

    1) There is a contract with the HOA (CC&Rs) providing for “financed” assessments,

    2) HOA assessments are financed as credit and secured by the consumer’s principal dwelling (similar to a HELOC) in which the HOA has power to lien and non-judicially foreclose for any unpaid financed assessments and associated costs, such as late fees, collection costs,

    3) HOA assessments are reported to credit reporting agencies as credit? 2

    In several states, including Nevada, HOAs may non-judicially foreclose on consumers’ homes using super-priority lien laws to extinguish their first deeds of trust. 3

    Furthermore, Nevada requires (unconstitutional) cost-prohibitive forced arbitration prior to commencement of a consumer/homeowner’s foreclosure defense legal action.

    HOAs may, at very little cost, non-judicially foreclose, while the huge financial burden is on the consumer/homeowners to complete very cost-prohibitive forced arbitration to protect their homes.

    Presently, there is a huge risk of fraud (foreclosures) to consumer/homeowners, banks, Fannie Mae, Freddie Mac (i.e. U.S. Taxpayers!) because there is no oversight over these”financed” assessments secured by consumer’s principal homes.

    Enforcement of TILA could, potentially,

    1) Prevent financial fraud and fraudulent foreclosures based on HOA assessments (unregulated credit transactions);

    2) Prohibit states’ cost-prohibitive forced arbitration involving HOA assessments;

    3) Prohibit non-judicial foreclosures involving HOA assessments.

    These TILA protections would greatly benefit consumer/homeowners, banks, Fannie Mae and Freddie Mae (i.e. U.S. Taxpayers) and I would certainly appreciate any help you can provide.

    Thank you very much for your help.

    Footnotes:

    1 Prohibition on Mandatory Arbitration or Waivers of Certain Consumer Rights—12 CFR 1026.36(h) A contract or other agreement for a consumer credit transaction secured by a dwelling (including a HELOC secured by the consumer’s principal dwelling) may not include terms that require mandatory arbitration or any other non-judicial procedure to resolve any controversy arising out of the transaction. In addition, a contract or other agreement relating to such a consumer credit transaction may not be applied or interpreted to bar a consumer from bringing a claim in court under any provision of law for damages or other relief in connection with an alleged violation of any federal law. A creditor and a consumer, however, could agree, after a dispute or claim under the transaction arises, to settle or use arbitration or other non-judicial procedure to resolve that dispute or claim.

    2 https://www.sperlongadata.com/press-release/Sperlonga-Press-Release-Post-Launch_9-27-16_Final.pdf

    3 SFR Investments Pool 1, LLC. v. U.S. Bank, N.A., http://www.ballardspahr.com/alertspublications/legalalerts/2014-09-19-hoa-lien-extinguishes-first-deed-of-trust-in-foreclosure-nevada-supreme-court-holds.aspx

    Please note – none of this is legal advice. Thank you.

  2. Mr Staropoli,

    THANK YOU FOR CONTINUING THE FIGHT FOR THE RIGHTS OF ALL HOA HOMEOWNERS FOR JUSTICE, FAIRNESS, ACCOUNTABILITY, COMMON SENSE, AND FOR PROPER ETHICAL TREATMENT.

    Albert

  3. Thank you Mr. Staropoli, This took me by suprise–I just got the book out! I was redoing my website when I noticed some emails about this but thought it was a mistake as nobody could have known it was avaialble! But you did! I admire you so much which makes these words deeply touching. Please go to my web site. You are listed on the “grassroots” page as a resource. I know we are are going to make a difference!


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