HOA bankruptcy and member liabilities

This Foxwood Hills HOA (SC)  bankruptcy event is every important for all to understand what’s going on.  I am offering my views based on the article and my knowledge of the bankruptcy procedure, which I have some familiarity.  The article also shows first-hand the liability attached to your HOA membership that comes under the heading of “joint and several liability” (J&S), mentioned several times in my materials.

Basically, the phrase applies to all members of a sued party in  a lawsuit whereby the total monetary damages can be collected from any one or all the members of the party. It’s like  a partnership where the debt can be collected from the partners who can pay to pay for all total debt when others cannot make the payment. 

Here, as I read the article,  we have the HOA unable to collect assessments from its members to cover its budgeted expenses, and so decided to apply a J&S policy and “tax” only the members who have not abandoned  or disowned their property — those who could pay. The plaintiff, Busbee, filed suit and said this isn’t right. Foxwood didn’t amend its CC&Rs to permit such unequal treatment of its members. There is no covenant for the HOA to do this.  In HOA-Land it would require a court order or member approval – yeah, right!

A bankruptcy is usually filed because revenues are less than monetary payouts and the prospect is dim in making the finances balance.  Under Chapter 11, as Foxwood filed, it submits a plan to make payments on its debt and is obviously a give and take negotiations between the creditors and Foxwood as the debtor. Detailed financials are submitted including who are the creditors and what money is owed the HOA, which is essentially the assessments not being paid by the members.

Here, as I see it, the HOA filed bankruptcy in anticipation of the outstanding lawsuit which could require not the payments from the members, but for Foxwood to pay back the alleged excessive dues collected by Foxwood.  The decision by the bankruptcy court rests on the outcome of the lawsuit as it needs a precise and legal statement of Foxwood’s financial status.

Lost Constitution webinar #3 available

Veritas para justitia

(truth for justice)

The Restoring the Lost Constitution to HOA-Land webinar introductory series has concluded with #3.  The accompanying # 3 script here: here.

The three introduction to the Plan videos can be found here:

#1, https://vimeo.com/421950279
#2, https://vimeo.com/426813340
#3, https://vimeo.com/427795232   

It can be viewed here:  https://vimeo.com/427795232 and

The overall intent and purpose of this webinar series is the education and reorientation of HOA members, especially the board of directors,  to long ignored issues of constitutional validity; issues that the public will not find in the propaganda from the Evil Empire. It is an introductory presentation and  required reading to better understand my proposed action plan set forth in A Plan Toward the Restructuring of the HOA Model of Governance, now on Amazon.com[1]

I continue to read that more and more homeowners are surprised why they lose in court, and before their legislature and before their board of directors.  I believe that a good part of these failures is because the issues at hand run very deep and are not the superficial day-to-day operational issues facing homeowners, not that they are not important.  The successful resolution can only come from standing behind the broadest levels of authority and exposing the many violations by our elected officials at all levels: the US Constitution, the Bill of Rights and the Declaration of Independence which constitute the organic laws of America.[2] 

Every argument not raising these democratic principles is a tacit recognition that serves to accept the validity and constitutionality of the HOA legal scheme and governing model, and of the laws in support of HOA-Land.  You lose from the start!

Notes


[1] Visit Amazon. (June 11, 2020).

[2] Organic law is the fundamental basis of a government. The Homes Association Handbook and UCIOA constitute, in my view, the organic law for HOA governed planned communities. In contrast, the U.S. Code defines the organic laws of the United States to include the Declaration of Independence, the Articles of Confederation, the Northwest Ordinance, and the U.S. Constitution. (US Statutes At Large, 1789 –1875, Vol. 18, Part I, Revised Statutes (43rd Congress, 1st session), p. v and vi). The organic laws of HOA-Land are replacing the organic laws of the US as applied to local government.

Webinar Lost Constitution – Pt 2

HOA Lost Constitution Webinar

Veritas para justitia

(truth for justice)

The overall intent and purpose of this FREE StarMan Group webinar series is the education and reorientation of HOA members, especially the board of directors,  to long ignored issues of constitutional validity; issues that the public will not find in the propaganda from the Evil Empire.

The next webinar is planned for  Friday, June 5, at 11:00 AM PDT. 

It is a continuation of part 1 and will cover introductory  materials needed to understand the reasons for BOD reorientation. If you missed Part 1, I urge you to view the video and script prior to attending Part 2. The video is available at https://vimeo.com/421950279 and the script is here.

To receive an invitation please respond to gks256@NYU.edu with “webinar” as the subject and the email address that you will use to participate.  Invite email will be sent with info needed to attend.

Session Format

Free ZOOM webinars; mute attendees

The sessions are limited to less than 100 attendees

Time restraint to 30 minutes

Attendees may submit questions via chat to be answered at later session.

Password protected

Will be recorded

We must provoke until they respond and change the laws.

Gandhi

Lost Constitution webinar series – #1

I’d like to thank the attendees at this first of a series of seminars on Restoring the Lost Constitution to HOA-Land. It was my first Hosting displaying important documents.

As mentioned in the seminar, I am primarily focused on legalities but also concerned about the lack of ethical and moral values surrounding HOA-Land.  As an update, I had a recent call from a disabled widow who was allowed to have a front gate in her HOA for 23 years.  A new BOD arrived and differences arose resulting in  a citation for unapproved gate.  The BOD said prove the approval by  some prior BOD, and she couldn’t.  What happened to  the attributes of a genuine healthy community of neighbors helping another in distress, who have compassion and a charitable heart, all making for  a healthy “village”?  NADA!

Welcome to the New America of HOA-Land.

I hope you will find the webinar (see link below) helpful and useful in bringing about necessary changes by alerting your HOA BOD and fellow members as to the real nature of HOA-Land; and the private agenda of CAI.  This webinar argued, and provided documentation, that the dominant entity,  promoting its role as an educator, proclaimed HOAs to be independent principalities operating without government and judicial oversight.  And preferred it that way. That is really secessionist if you think about it for a moment. And harmful to our democratic system of government and its values and principals.

I will invite you all again for the continuation of Introduction as I delve deeper into what HOA-Land is all about; and CAI’s role and dominance over the legislators, the media, the BODs  and HOA members.  I am considering having a panel of a few advocates for an interchange of views. Temporary date is scheduled for Friday, June 5th.

I have uploaded the recording for all to see and distribute with accreditation. Look here  https://vimeo.com/421950279.

Associa calls for HOA education, but

From Associa’s blog (HOA 101, Associa Blog (May 19, 2020).

What Makes a Good HOA President?

  1. They have a student mindset.

Board members aren’t expected to be experts right away. Good presidents should take the time to learn about the state and local laws, governing documents, and the overall operations of the association. They should also seek out and respect the advice of professional partners. There is always more to learn, and the more you know, the better off you’ll be.

  1. They are good mediators.

When residents disagree, things can get heated—and board members typically need to get involved. Board presidents must maintain a professional demeanor, stay objective, and be willing to understand all points of view.

Carona   (HOA 101, Associa Blog (May 19, 2020). Associa is a national HOA management firm owned by former Texas Senator Carona,)

John J. Carona, Chairman & CEO

 

 

* * * *

I am offering this webinar to present what Associa and other CAI stalwarts call HOA 101 education, education that is biased and fails to acknowledge serious constitutional flaws with the HOA legal scheme. Get all the info needed to make a fully informed decision!

George K> Staropoli is inviting you to a scheduled Zoom meeting.

Topic: Lost HOA Constitution

Time: May 22, 2020 11:00 AM Arizona (PDT)

Join Zoom Meeting

https://us04web.zoom.us/j/79245406291?pwd=a1p0VlUrd0pJSkdvOUNUcDlMM3ZrUT09

Meeting ID: 792 4540 6291

Password: 4t1jVM

Let other interested person know!