Law Library
Constitutional Cases
Fair Debt Practices Cases
Common Area Cases
Current Cases
LBCA Case
Consumer Friendly
Over Reaching BoD\'s
Leglislation
Syndicate


Designed by:
Web hosting Web Hosting
Mambo hosting services
On the Commons with the Farrans Print
Have you noticed how all sense flies out the window when an involuntary membership homeowners association is involved?  All of a sudden we fear anything that is not part of that uniform look and feel of a kontrolled kommunity.  A different shade of blah can topple an entire neighborhood, an unapproved garden hose, dusty mailboxes, flags, rose bushes and pudgy pooches are all a threat to property values.  An addition that doesn’t quite konform to the existing architectural guidelines will no doubt turn the neighborhood green with envy.
 
Oh, get real!
 
Joining us On The Commons this week are  Maria and Sam Farran.  The Farrans  weren’t about to believe all the nonsense they were told.  They did their homework, knew the rules and the laws and decided to fight back.  After years of court room drama, they won their cases and were awarded attorney fees and court costs.  However, there was a snag. You see, in the process,  their HOA ran out of money and went bankrupt.  But there is a happy ending after all. As Maria says; “We used to be a corporation that ran a neighborhood, we are now a neighborhood that runs a corporation”. I won’t ruin it for you so tune in and find out how they got their money and what happened to the association.  You’ll love it.
How did they do it?  Well, look for their new and improved governing documents On The Commons and yes, you may use them as a template if you too want to return common sense and a sense of community to your neighborhood.    Listen to the Farrans    

User Comments

Comment by GUEST on 2014-02-22 11:48:25
Funny! In my HOA, board members are exempt from the governing documents. 
 
NO SATALITE DISHES ALLOWED say the governing documents. 
 
But when a board member (who owns a radio station) wanted a 10' sat dish in his FRONT yard. 
 
Well he just did it. 
 
And changed the documents (which prohibited any amendment which made the documents less restrictive) to allow it. 
 
So BRAVO to the Farrans for extinguishing this ridiculous paradigm in property ownership! 
 
What an inspiration!  
 

Comment by GUEST on 2014-02-22 11:47:56
PS. You mention in this interviw that some of your friends are CAI attorneys. 
I suspect that the fellow you recently interviewed from MEEB in Massachusetts is one. 
 
MEEB recently got the Superior Court here in MA to ORDER THE SALE of a mans home (Warron Claradon Condominium v. Jose Cotto) to pay the $60,000 dollars in fines levied for FEEDING THE BIRDS....OFF CONDO PROPERTY. 
 
Fortunately for Mr. Cotto, a reputable law firm took his case pro-bono and had this obscene decision reversed in the Appeals Court. 
 
Recently MEEB was named as a defendant in a Federal action. 
MEEB was found to have violated the Fair Debt Collection Practices Act and ordered to pay the homeowner more than 10 thousand dollars. (http://www.gpo.gov/fdsys/pkg/USCOURTS-mad-1_09-cv-10159/pdf/USCOURTS-mad-1_09-cv-10159-1.pdf) 
 
MEEB then went to their legislator, Sen. Brian Joyce, who they have paid over 40,000 dollars over the years (yes they are the CAI lobby in the NE) to sponsor legislation that would exempt them from the FDCPA! 
 
This fellow may be a friend of yours, but he is NO friend to homeowners here in MA. 
 
 
 
 
 

Comment by GUEST on 2014-02-22 11:46:54
Hello Shu, 
I know that you are interested in homeowners who have taken their associations to court and won. 
As you know, my wife and I did not win our lawsuit, but I have been in touch with a woman here in MA that did, win BIG. 
Her association decided her contract with the developer which deeded her a parking space was subject to change and kept her from parking for almost 11 years, she sued and won, BIG. 
She is now very active in legislative reform here in MA. 
She has some very interesting information regarding what is happening in the State House here, and may be of interest to your audience.  
Let me know if this is of any interest. 
Mike Reardon 
508 274 5175
Please login or register to add comments

<Previous   Next>

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