Law Library
Constitutional Cases
Fair Debt Practices Cases
Common Area Cases
Current Cases
LBCA Case
Consumer Friendly
Over Reaching BoD\'s
Leglislation
Who's Online
We have 10 guests online
Syndicate


Designed by:
Web hosting Web Hosting
Mambo hosting services
Welcome to On the Commons!

Image On The Commons is a weekly radio show, dedicated to discussing the many issues surrounding homeowner associations (HOAs) and condominiums.  It is broadcast live from WEBR, Fairfax, Virginia and available on this web site.

Join us as we explore the world of homeowner associations and condominiums, which are the fastest growing form of residential development in America today.  This housing concept includes homeowner associations, condominiums, cooperatives, and both attached and detached single-family homes.  Unfortunately this type of housing is not as utopian as its advocates would have us believe.  Living in a homeowner association means giving up a part of the American dream.  It means giving up Constitutional rights and control over one’s most valuable asset - one’s home.

 *

 "Property in a thing consists not merely in its ownership and possession, but in the unrestricted right of use, enjoyment, and disposal. Anything which destroys any of the elements of property, to that extent, destroys the property itself. The substantial value of property lies in its use. If the right of use be denied, the value of the property is annihilated and ownership is rendered a barren right."  --- Washington State Supreme Court Justice Richard B Sanders

* 

Its Here! 

The new On The Commons  podcast site

Seven years of easy to find On the Commons Podcasts 

 

The Curent Show

On The Commons with Mary Ann Fordyce

Not too long ago a friend sent me a link for a video and recommended I watch it.  I did.  I was shocked and horrified when I realized I was looking at a homeowners' association.  As far as I could see, there was no rhyme or reason to have an HOA in this bucolic part of the country.  I have since learned that the property owners in this otherwise peaceful setting each own hundreds of acres of land accessible by dirt roads.    

We've allowed ourselves to be fooled into believing municipal governments just don't have the money to provide the services real estate tax dollars are supposed to pay for, therefore HOAs are a necessity to provide those services. Not that I believe that for a moment but if I did, try as I might, I could not find any reason to justify the imposition of an HOA on this particular neighborhood.  Check out the video and please let me know if an HOA makes sense to you.  I am convinced we have lost all sense of reality and sanity in this country.  

Mary Ann Fordyce joins us On The Commons.  Mary Ann has a chicken business in a rural community in Texas, where many of her neighbors are also business people, several have livestock and there is at least one other chicken businesses owner as well.  Not surprisingly this chicken owner was a board member who sold Mary Ann her first chickens and got her started on her business.  And for awhile, all was well.  But then life in this peaceful corner of the country changed.  We'll talk to Mary Ann and get some of the details of why her dreams came crashing down and how she lost first one house and is now hanging on, trying to protect the second house she and her husband bought, from being foreclosed on.  I'll ask her what purpose her HOA serves and how it protects her when her closest neighbor is a mile away.  I'm sure no one will be surprised to hear what happened to the only common area these property owners had.  Maybe the fate of that park is the answer to why an HOA was even part of this neighborhood?  Check out Mary Ann's web site Blue Star Ranch . This lady is determined to help educate housing consumers about the perils of HOAs.     Listen to Mary Ann Fordyce      

Write Comment (0 comments)
On the Commons with David Kahne

We've all heard  how an alleged debt of a mere handful of dollars can balloon into a king's ransom at the hands of an HOA and their attorneys.  And no, I am not talking about investments for the homeowners.  And certainly not about the empty (read bogus) promises of protected and enhanced property values.  Sometimes these debts are due to a legitimate assessment that was missed for some reason.  And all too often the "debt" is due to a fine imposed by the association for violating a recorded covenant, a silly rule that was conjured up on the spur of the moment or, increasingly, because the transgression in question violated someones esthetic sensibilities.  In other words there is no rhyme or reason for the ensuing war among the neighbors.  Notwithstanding all the accompanying sanctimony that attempts to validate these outrageous fees, penalties, charges and surcharges, they are solely for the benefit of the industry that feeds at the trough of the owners.  For years the homeowners' pleas for statutory relief and protection from these abuses have fallen on deaf ears.  State legislators have failed to enact legislation to end these practices.  

David Kahne joins us On the Commons.  David is an attorney in Houston, Texas.  His practice includes representing  homeowners who find themselves on the receiving end of the malice that is increasingly common in residential associations.  In addition to working with individual homeowners, David is an advocate for the rights of property owners.  He has worked with legislators and advocacy groups in Texas and around the country.  He testifies at the Texas State legislature for increased protections for the owners.  We talk to David about this year's legislative activities and the need for the proposed legislation.  We also talk about a swimming pool case in Spring, Texas.   A young couple put in a pool in their backyard and to protect their toddlers and the neighborhood children, they erected a fence around the pool.  And the objection was?  Well, tune in, David will explain it.   . . .      Listen to David Kahne    

 Tell us your stories in  your own words 

 

Write Comment (0 comments)

http://onthecommons.us, Powered by Mambo and Maintained by Terry Bartholomew