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home : news September 02, 2010


8/16/2006 5:21:00 PM
Resolution gives new force to homeowners associations
By ANDREW UJIFUSA
Assistant Managing Editor

MADISON - The Planning and Zoning Commission adopted a resolution on Monday night that equates a violation of any homeowners association's covenants to a violation of the city's ordinances.

Members of the commission were in agreement that the new rule gives new force to homeowners associations that desire to be tougher on residents who violate a subdivision's regulations.

"This gives homeowners associations more teeth in enforcing their ordinances," said Ward 6 Alderman John Howland, a member of the commission.

The Mayor and Board of Aldermen will have to give final approval.

Howland noted that under the current system, when homeowners associations attempt to rein in residents who are not following the rules, it can take "forever and a day" to reach a resolution to the problem.

"Let's say somebody is putting trailers in their driveway," said Howland. "It's not against city ordinance, but it's against our covenant."

But he noted that when the city gets involved, "It's amazing how fast those situations are resolved." This new resolution, he said, would bring that clarity and force to every situation involving the violation of homeowner association covenants.

Commission member Sid Spiro had a succinct way to describe those who violate homeowner association rules from now on.

"You're basically breaking the law," he said.

Howland made the distinction clear between people breaking homeowner covenants and those who violate city laws. He said that those who park on the street between 2 a.m. and 5 a.m., for example, would not be subject to action from any homeowners association, since it would be an outright violation of a city ordinance that covers all areas of Madison.

Claims against covenant violators may be filed in Madison Municipal Court, and homeowners associations must produce witnesses who can testify in support of the association in question.

Commission member Barbara Richard initially questioned whether or not the city had to take on the leading role in the process, and whether or not lawyers would have to get involved.

"Would we have to notify the violator?" she asked.

The homeowners association must also furnish proof that it has properly notified the offender. In addition, an appropriate party authorized by the association must file the complaint in municipal court.

When asked about the precedent of such action, Director of Community Development Alan Hoops said that City Attorney John Hedglin had reviewed the new regulation and felt comfortable that it lay within safe legal grounds.

The new resolution was approved by all nine members of the commission.

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Reader Comments

Posted: Tuesday, August 29, 2006
Article comment by: Joan Hogan

My comments are not directed at anyone specifically, nor are they made to simply throw stones. After having the distinct pleasure of experiencing first hand finding myself, without warning, caught on the downside economic spiral of the "system" in which we have come to known as freedom. While one issue that I must figure out how to deal with is with the HOA of a second home at the beach that due to it's own negligence caused a drainage problem to the tune of over 8,000,000 dollars. After assessing fees to homeowners for legal expenses, (800,000) they settled for (1,000,000) with the engineer and developer. The insurance would not cover it because the problem occurred in 1990 when this part of the community was built. Apparantly they were aware of the problem and did various things to correct it, which not only made it worse, but was another reason that the other insurance companies of developer and engineer would not cover. None of this info has been made known to homeowners and it is not questioned at all. It was known before litigation that these were the claims that would be made by opposing counsel and an attorney who supposedly is one of the best in the business was paid almoat a million dollars for absolutely nothing. They did noy even go to court. According to the bylaws and association docs, etc. damages due to the negligence of the master association are not eligible to pass off to owners as a special assessment. So they hide the facts, yet all 500 owners knew the HOA was litigating this matter. So, they did not agree with being responsible to pay for repairs, yet after losing they figured out how to take a limited facilily and assess everyone as opposed to the units that were responsible. In 2 years special assessments totalled 30,000 per unit!! We had to buy the beach, and a few other things,m and now this. A problem occurred in 1990 and 16 years later it is finally made known and addressed. Well, this being a small issue in comparison to others, and due to the others I can not afford to pay $16,000 (but I don't think I would have even if I could). It gets much better than this, but here's the point. People worked very hard to have the ability to purchase second homes ( or any for that matter) and after speaking with the HOA's attorney(who also was going to sue me and other owners which is interesting) was quite vague with info he shared. As I continued to obtain the answers to the questions I asked (never did) I was told that the bottom line is everyone has to pay and thatthere have been homeowners in this complex that had to sell because they could not pay. He did not say how many, but since he sentthe threats of lawsuits and foreclosure, he did have this info first hand. That is the response to my question dealing with morals and ethics, and his own personal values, principals, beliefs, and knowledge of the truth. People were forced to sell and others stand to lose (like me) a home that is in one of the most desirable NJ shore locations and are valued anywhere from 600,000 on up. This is not a Home Owner Association problem, per say, it is a part of a much larger one. What it is to me is an example where those of us lucky enough to have a HOA get to have an additional government controlling us, but this one has no rules to follow at all, somehow they don['t even have to abide by the constitution of the us or of our state. ANd, we are to blame. THat is my honest opinion and I do not believe in making opinions that are not supported with facts that I am 99% confident it is fact. Don't we elect these people, don't we pay for everything, isn't their role and responsiblity to take care of us, isn't that their obligation and duty to care for us? But here is an example of 2 comments made on an issue that oppose each other. What is wrong with us? Could it be as simple as firing them and starting again. Or, just restating the rules we have for them. Yup, I think so, there is power in numbers, and the critical mass is us, not them. We elect people and trust them with our lives, basically, our families livlihood, our chidrens future, our health, and so much more. Most of us don't even know the first thing about what they do, how they do it, and how we are represented and cared for. We don't even ask or try to learn about the facts. They confuse us and cause diversions specifically so that we are either too busy or preoccupied to follow through. HOA', at least in my case, don't look to cause diversions, they like exercising that power and control that harms others. That is what we hire them for, to police us. Did anyone ever directly ask their board members why they wanted to hold the position? Of course they would answer to ensure that we as homeowners preserve our investments and all the other good things that will benefit all the owners. After that, how about the question, what have you accomplished in your role and how has it benefited the owners, individually and as a whole. How about the budget? What are we paying for? I could go on forever. In closing I challenge anyone who has the ability to participate with others possessing other diverse skills needed to put together the team that knows how to cut through the bull at each level and turn that opposition can surface. I call it the Noah's Arc Theory. What needs to be done, what are the obstacles and what are the challenges to overcome. Who, what, where, etc, will be included in the scope of work, what part do they play and what are the issues we have that needed to be overcome. Based on that assessment the determination of the diverse needs required in the process and the requirements that will need to fulfilled by those choosing to be in one. It may sound difficult, but it is not, this is the easiest part it just sounds like the hardest. The hard part, and one that no one seems to be able to achieve is how to get the support and cooperation of the other people that either feel the same way we do, but for whatever reason, support the very same things they complain about in some form or another. Money is money., Whatever the reasons claimed on the surface, it is centered around self interest and a fear. Yes we not only allow them to control parts of our live )the major ones_ but we then live in fear of them and have no choice but to accep0at what they say and do. Let me end it hear as there is no end to a topic like this. This is not a county issue, it is not a state by state issue, it spans our entire country. We can fix it for everyone if we get back to the basics and form the right team that can provide the knowledge so that as a whole the people can make the right decisions because they are for all people. As for democracy in comment posted, forgive me, but tell us a little about you. Then remember you are one of us, and just because this is not an issue for you does not allow you or anyone to decide that it is okay to take away the rights of others. Rules and regulations, laws, etc. are to be made in support of our rights, not to remove them. Home Owners Associations as far as my actual experience has determined, is made up of control freaks that look out for themselves and could not find success any other way as they define it. Power over others. Similar to the short guy syndrome. If anyone reading this fits that mold, don't get angry, fix yourself. Remember, this can and will happen to you (in other ways) and your children. Let's stop fighting the so called rules which the system works against us, and go at it a much different way. The right way, where the people will prevail based on the right thing for all. The board members of HOA, and staff hired to manage the communities work for us. THe government works for us. Banks work for us. Businesses of all kinds work for us. Without us they would not exist. This is what our time should be spent on, researching the system as a whole. It really makes fixing this almost seem easy. Yet, since it crosses over various "branches" of law, if you will (I am not a lawyer) and the loopholes that exist are known by those that are controlling us. In other words, they THINK they know they can get away with it. ANd they can, but only because we let them. It is not the top guys or professional's i most cases that we need to figure it out. It is those employees (people) that carry out these actions and also are well aware of what they can and can not do, even if it is not written, They also know what actions are specially rewarded. I have learned that for the most part what we as consumers are warned about, what we are told is being done for our good, what we are convinced that we need or must have, that home ownership is the american dream and renting is a waste of money, that we borrow and therefore owe money to the bank, that we cannot park our car where we want, that we must wear a tag at all times to use facilites, that we cannot have pets, or they can only weigh so much, that when we speed (who set the limits) we must pay, that we can be fined by the Hoa if they decide we must, those that decide are also judge and jury, if we chose to take legal action we pay for fees of both parties, and so on and so on. There are much deeper underlying reasons for this and most likely those people in positions that can in fact force this on us and again only because we let them, I bet don't even have a clue of what they are really doing and why. If they did, they would not do it. This is the jist of a quote by one of our famous forefathers of which i don't feel like finding the paper and it doesn't matter who said it or the exact words "It is a good thing that the people don't question things, For If they did and learned the truth about the money system, the Federal Reserve and banks and how they really work, there would surely be a revolution the very next day. I am not a lobbyist, a troublemaker or any other negative profile that may exist, I am the same as everyone else is. I put my pants on the same way whoever is reading this does. And when I was at the top, I felt the exact same way. Further, it was how I was able to reach the top. One day I realized that position, title, gender, age, etc., does not indicate that one is better than the other. My fear began to ease and being in the board room with all men, the top executives was no longer intimidating and a fear. That is the power of understanding diversity and teamwork. I may not know the law, but I do know something that lawyers do not, and it plays out for all of us. What makes a doctor think it is okay for patients to wait, sometimes for hours, despite an appt. We pay them, yet why do we. I am not talking of a one time incident, I am talking about common practice. Can a doctor build a home, remodel a room, fix a leak? So why is it that whether a construction worker is a patient or providing a service to a doctor, the doctor intimidates this person. This is an example of the real discrimination that exists. It is not color, race, religion, age, sexual orientation, it is a status and category assigned in terms of money. Green is the color of discrimination. POWER AND MONEY. TOTAL CONTROL. THAT IS THE AMERICAN DREAM. WAKE UP, ADMIT OUR MISTAKES TO OURSELVES, AND DECIDE TO BE A PART OF THE PROBLEM OR A PART OF THE RESOLUTION. THOSE THAT STEP UP AND THOSE THAT DO NOT WILL BE KNOWN, AND AS LONG AS THE FIGHT IS ONE THAT IS OF SUBSTANCE THAT CAN BE WON LEGALLY ON IT'S MERITS, NOT PROCEDURE, WE WILL KNOW HOW WE CAN NOT LOSE. NO ONE WINS, THERE ARE NO WINNERS AT THIS POINT. fOR WHEN IT GETS TO THIS POINT, SO MUCH HAS ALREADY BEEN LOST INCLUDING OUR RIGHT TO ENJOY OUR LIVES. I DON'T KNOW ABOUT YOU, BUT I HAVE HAD ENOUGH. I AM TIRED OF THE FIGHT AND WHAT IS NECESSARY TO FIGURE OUT HOW ONE MIGHT "WIN" BECAUSE JUSTICE DOES NOT EXIST. YOU HAVE TO LEARN HOW TO BE MORE DECEITFUL OR LEARN WHAT IS DESIGNED TO CONFUSE US. I DON'T EVEN THINK THERE IS A LAWYER WHO IS STILL NOT SOMEWHAT CONFUSED. THEY HAVE JUST MASTERED THE BASIC PROCEDURES WHICH IS ALL THAT IS REQUIRED TO GET OVER ON US PEOPLE. dON'T TAKE MY WORD, DO THE RESEARCH. I CAN TELL YOU THIS, I WISH I TOOK THE WORD OF A FEW PEOPLE THAT HAVE SHARED WITH ALL OF US DIFFERENT PARTS OF THE TRUTH AND ALSO SAID DO THE RESEARCH. A YEAR LATER, AND TO MY DETRIMENT, I FOLLOWED THERE ADVICE AND PROVED THEM RIGHT. IF ONLY I TOOK THAT INFO AND SPENT A YEAR PULLING IT ALL TOGETHER AND FIGURING OUT HOW TO INVOLVE THE PEOPLE TO AFFECT CHANGE. iNSTEAD I FELT AS IF I HAD TO TAKE IT ON MYSELF BECAUSE IN ORDER TO GET THE SUPPORT OF THE VERY SAME PEOPLE BEING HARMED BY THINGS, I HAD TO PROVE FACTS FIRST, GUILTY UNTIL PROVEN INNOCENT, SIMILAR TO OUR COURT SYSTEM. IN THIS PROCESS, THE SAME PEOPLE I RISKED ALL THAT I OWN FOR, NOT TO MENTION WHAT REALLY IS IMPORTANT, MY FAMILY, MY HEALTH, HAPPINESS AND WELFARE., TO FIGHT FOR THE PEOPLE. HAD I JUST THOUGHT OF MYSELF, WOW, WHAT I COULD HAVE DONE WOULD HAVE BEEN QUITE LUCRATIVE. PERHAPS I STILL CAN OR PERHAPS TIME HAS WORKED AGAINST ME. I ALSO NOW REALIZE THAT MY APPROACH WAS WRONG AND THE LATTER APPROACH WAS THE RIGHT WAY. IT WOULD HAVE ACCOMPLISHED MY GOAL, YET THE PEOPLE WOULD ALSO HAVE BENEFITTED. YOU SEE, A REVOLUTION IS NOT THE ANSWER, IT MOST LIKELY WILL HARM US AS MUCH OR MORE THAN IGNORING IT NOW AND LETTING IT TAKE IT'S COURSE. I BELIEVE THE ANSWER LIES IN DOING THE RIGHT THING AND UNTIL WE HAVE THE KNOWLEDGE TO MAKE THE DECISION AS TO WHAT THAT IS, WE AGREE TO ALLOW OUR LIVES TO BE IN THE HANDS OF THOSE THAT WE AGREE TO HAVE FULL CONTROL OF THE LIVES OF OURSELVES, OUR FAMILIES, OUR CHILDREN, OUR WEALTH, OUR EFFORTS, OUR HOMES, ETC. THOSE THAT ARE COURAGEOUS ENOUGH TO STAND UP AND FIGHT FOR THE REST OF US ARE THOSE THAT WE DISCREDIT. THEY FIT A DIFFERENT PROFILE THAT IS A BYPRODUCT OF MONEY STATUS. THOSE THAT STEM FROM BEING BRAINWASHED. THIS CAN BE EASILY SEEN AS TRUE BY JUST THINKING BACK TO THINGS WHEN WE GREW UP. I REMEMBER "THE LITTLE SCHOOL BUS" AND WHO THE PEOPLE WERE THAT RODE ON THEM. I SEE ONLY FEW OF THEM TODAY AND THEY SEEM TO BE FOR PRESCHOOLS, BUT TO THIS DAY WHEN I DO SEE ONE, YOU KNOW WHAT I IMMEDIATELY THINK ABOUT? I MUST SAY THOUGH THAT THIS DID CHANGE, UNLIKE MOST OTHERS. ALTHOUGH MAYBE THOSE THAT RODE THOSE BUSES CAN'T GO TO SCHOOL ANYMORE, WHO KNOWS? ALL I THINK ABOUT IS FOREST GUMP? QUITE A STORY LINE. IF ONLY THE KNOWLEDGE THAT ALREADY EXISTS CAN BE POOLED SO THAT THE PEOPLE CAN FIGURE OUT THE FUTURE AND THE PLAN TO MOVE FORWARD (EVOLUTION) FOR THE COUNTRY THAT WE CLAIM WE ARE PROUD TO BE A PART OF. I SUSPECT WE SHOULD NOT THINK THIS AND RATHER SHOULD SEEK TO GAIN IT BACK AND HOPE WE ARE NOT TO LATE. I KNOW I GO ON AN ON, BUT I HOPE YOU SENSE THAT I GENUINELY CARE ABOUT THE GOOD OF ALL AND HAVE DONE RESEARCH, PAID ATTENTION AND AM SHARING THIS INFORMATION BASED ON THE KNOWLEDGE I HAVE GAINED. I SHOULD BE SPENDING TIME FIGURING OUT HOW NOT TO LOSE MY HOMES, BUT IN THE WHOLE PICTURE IT DOES ME NO GOOD, OR ANYONE ELSE. IT IS VIRTUALLY IMPOSSIBLE TO APPEAL TO ANYONE AT AN EMOTIONAL, ETHICAL, EMPATHTIC OR SYMPATHETIC LEVEL. IT DOES NOT PHASE ANYONE, EVEN IF ON THE SURFACE YOU THINK IT DOES. I WISH I COULD MAKE THEIR "GADZU" (fRED FLINSTONE) APPEAR AND TALK TO ME. aLTHOUGH ACTIONS SPEAK LOUDER THAN WORDS AND WHEN WE ARE VULNERABLE, THAT IS WHEN THE ENEMY PREYS AND ATTACKS. rEGARDLESS OF THE REASON FOR OUR VULNERABILITY,DEATH OF A LOVED ONE, DIVORCE, ILLNESS, VIOLENCE VICTIM, ETC. MAKES NO DIFFERENCE. YOU MOST LIKELY ARE GUILTY OF THIS PRACTICE TOO. IT APPEARS AS IF THAT IS THE WAY WE HAVE BEEN PROGRAMMED AND SHOULD YOU BE FORTUNATE ENOUGH TO BE DIFFERENT, YOU ARE DOOMED, TRUST ME. WHAT IS WORSE IS THAT WHEN YOU LEARN OF IT, WHAT ACTION WILL CORRECT IT. ALL THAT I HAVE DETERMINED IS THE SAYING, 'IF YOU CAN'T BEAT UM, JOIN UN" THEREIN LIES THE PROBLEM, THIS GROUP OF PEOPLE JUST CAN NOT DO THAT AND FURTHER WANT PEOPLE TO DO RIGHT AND CAMPAIGN TO "HELP THEM:. FORGET IT, THIS APPROACH DOESN'T WORK BECAUSE FIRST YOU HAVE TO GET THEM TO LOOK AT THEMSELVES AND SEE THEM FOR WHAT IS REAL, ADMIT FAULT, ADMIT WHAT THEY DO, BEFORE A CHANGE CAN OCCUR. WHEN MET WITH DEFENSE AND DENIAL, ADMIT DEFEAT AND MOVE ON. "GOD GRANT ME THE SERENITY TO ACCEPT THOSE THINGS I CANNOT CHANGE, THE COURAGE TO CHANGE THOSE THINGS THAT I CAN, AND THE WISDOM TO KNOW THE DIFFERENCE" PICTURE THIS, A PERSON THAT HAS A STONG VALUE SYSTEM AND PRINCIPLES OF RIGHT AND WRONG, BELIEVES IN THE SYSTEM AND ALL PEOPLE ARE GOOD, THINGS ARE AS THEY APPEAR TO BE ON THE SURFACE, LIVING THE FAIRY TALE WORLD OF THE AMERICAN DREAM. OVER A PERIOD OF A FEW YEARS THINGS SEEM DIFFERENT, AND NOT UNDERSTANDING WHAT IS AT THE ROOT OF IT, THE REAL CAUSE OR CATALYST THAT ALLOWED IT, TRY TO UNDERSTAND IT AND FIX IT. LIFE AS IT WAS KNOWN NO LONGER EXISTS AND EVEN NOT REMEMBERED. EVERYTHING CHANGES, IT IS A DISASTER. HONESTLY EQUAL TO OR WORSE THAN A HURRICANE. HOWEVER, ONE THING REMAINS UNCHANGED, THE VALUE SYSTEM AND BELIEFS AND THE ONLY ABILITY OF THE THREE MENTIONED THAT IS PRESENT IS COURAGE. sERENITY? HOW CAN IT BE ACCEPTABLE FOR A HOA TO FORECLOSE BECAUSE OF A 250.00 FEE, OR WHATEVER REASON THAT IS OBVIOUSLY UNETHICAL, A VIOLATION OF OUR RIGHTS, UNLAWFUL, ETC. HIGHLY PRINCIPLED PEOPLE BASED ON ETHICS AND MORALS AND GENERAL BELIEF THAT PEOPLE ARE GOOD OR WANT TO BE, DON'T RECOGNIZE SERENTITY WHEN FACED WITH CERTAIN ISSUES, AND DON'T HAVE THE WISDOM TO KNOW WHAT CAN AND CAN NOT BE CHANGED. AND THEY ARE UNWILLING TO WALK AWAY, BUT MOST TIMES HAVE NO CHOICE. WE LET THEM DOWN. D IF THERE ARE NO CONSEQUENCES TO ACTIONS THAT HARM OTHERS FOR OUR OWN SELF INTERESTS, OR WHAT WE HAVE BEEN BRAINWASHED TO THINK BY OTHERS WHO ARE THE REAL BENEFICIARIES, NOTHING WILL CHANGE. IN FACT BECAUSE IT IS REWARDED, IT CAN ONLY GET WORSE. TO MAKE MORE MONEY, THEY MUST GET IT FROM US, THAT SIMPLE. IS THERE ANYONE OUT THERE WHO REALLY WANTS TO MAKE A DIFFERENCE, BE A PART OF THE SOLUTION, AND HAS A TALENT OR SKILL OR REAL KNOWLEDGE IN A NEEDED AREA. IF SO, ARE YOU WILLING TO STEP UP TO THE PLATE AND BE A PART OF A TEAM THAT WILL REPRESENT THE INTERESTS OF THE PEOPLE AS A WHOLE? WILL THE PEOPLE SUPPORT THE TEAM THAT IS WILLING TO HELP? WE ALL KNOW WHAT THE ISSUES ARE SO TO JUST TELL OTHERS WHAT HAPPENS AND SHARE THE KNOWLEDGE THAT CAUSES DESPAIR, ISN'T IT TIME THAT THE STORIES END WITH THE POSITIVE, THE RESOLUTION AND HOW IT CAME ABOUT. DON'T TELL ME IT CAN'T BE FIXED, OR THAT IT WAS A WIN FOR THE CONSUMER, TELL ME HOW TO FIX IT IF I AM ALSO FACING THAT PROBLEM. GIVE ME GUIDANCE, GIVE ME CLEAR DIRECTIONS. WATCH HOW QUICK IT WILL BE A HOT TOPIC AND SOMEONE WILL TRY TO END THE PROCESS. WATCH HOW QUICKLY LAWS OR RULES WILL BE AMENDEDAND SOLD TO US AS BEING TO OUR BENEFIT. CONSUMER PROTECTION. WAKE UP PEOPLE. I AM LOSING AND SO ARE OTHERS LIKE ME WHO ARE FIGHTING FOR YOU WITHOUT YOUR SUPPORT. THE KNOWLEDGE TO FIX IT IS OUT THERE, IT EXISTS WITHIN THE PEOPLE. AS I SEE IT THE MEXICANS ARE SMARTER THAN US. THE INTERNET PROVIDED TO US THE TOOL WE NEED, YET WE ALLOW IT TO BE USED TO OUR DISAVANTAGE. THE RICH DO GET RICHER AND THE POOR DO GET POORER. AND THOSE OF US IN THE MIDDLE PAY FOR IT ALL TO HAPPEN. MY TRAGEDY COULD BE THE BEST THING THAT EVER HAPPENED TO ME. I WAS FORCED TO PAY ATTENTION TO ALL THAT GOES ON AROUND ME, THE REAL WORLD. HOWEVER, ALONE, ALL THIS KNOWLEDGE I HAVE AND THAT OF OTHERS IS USELESS. UNLESS, IT IS A PART OF A TEAM THAT HAS DIVERSE SKILL SETS AND KNOWLEDGE TO PUT TOGHETHER THE PUZZLE AND THEN WE WILL KNOW HOW TO AFFECT CHANGE. I AM WILLING AND IF ANYONE ELSE OUT THERE IS AND FEELS THEY CAN AND ARE WILLING PLEASE EMAIL ME. HJOAN5@AOL.COM I AM IN NEW JERSEY, BUT IT MAKES NO DIFFERENCE WHRE WE RESIDE, WE ALL FACE THE SAME ISSUES. I CLOSE WITH THIS THOUGHT. HOW MANY OF YOU HAVE A MORTGAGE, HOW MANY OF YOU ARE FACING FORECLOSURE OR DIFFICULTIES WITH PAYING LOANS OR CREDIT CARDS? WHAT IF YOU REALLY DID NOT OWE ANYTHING AND THAT THE BANK OWED YOU FOR SIGNING THE NOTE? WHAT IF YOU REALLY DID NOT HAVE TO PAY INCOME TAX OR PROPERTY TAX? WHAT IF SOMEONE WAS STEALING YOUR HARD EARNED MONEY? WHAT IF IT WAS A POSSIBILITY THAT THESE WERE TRUE STATEMENTS, THAT IT WAS BEING DONE? DO YOU JUST ACCEPT IT AND ALLOW THE PRACTICE TO CONTINUE, OR DO YOU EXTEND THE EFFORT TO FIND OUT THE TRUTH? I CAN TELL YOU THIS FOR A FACT. WHEN YOU OBTAIN A MORTGAGE LOAN, OR ANY LOAN INCLUDING A CREDIT CARD, YOUR SIGNATURE ON THAT NOTE CREATES A NEGOTIABLE INSTRUMENT (THE SAME AS GREEN MONEY) AND IS GIVEN TO THE LENDER. THEY TURN YOUR SIGNATURE INTO MONEY AND INVEST IT AND AT MINIMUM IT CREATES 10 TIMES MORE MONEY FOR THEM TO INVEST. A 100,000 MORTGAGE NOTE PROVIDES A BANK WITH 1,000,000.00 OF MONEY TO LOAN TO OTHERS. NOT CONSIDERING THE FACT THEY AT SOME POINT SELL IT FOR MONEY AND THEN USE THAT MONEY TO START ALL OVER AGAIN, YOU WILL PAY 2.5 TIMES THE AMOUNT OVER THE LIFE OF THE LOAN. THAT IS IF YOU MAKE EVERY PAYMENT ON TIME. AT THE END OF THE DAY PLAYED OUT YOUR 100,000 MORTGAGE THAT YOU LENT YOURSELF WILL GENERATE AT LEAST 2.5 MILLION DOLLARS PROFIT FOR THE BANK. AND THEY NEVER LENT YOU A DIME OF REAL MONEY. WHEN YOU REFINANCED OR PAID OFF YOUR MORTGAGE, DID YOU EVER GET BACK THE PAID NOTE, OR JUST THE RECORDED MORTGAGE THAT IS NOW CANCELLED. AND IF YOU CAN'T PAY, THEY STILL MAKE THE SAME AMOUNT AND TAKE YOUR HOUSE TO DO IT AGAIN. IS HOME OWNERSHIP OUR AMERICAN DREAM? ARE WE SMART ENOUGH TO CHANGE THIS "DEMOCRACY" WE HAVE. I CHALLENGE ALL OF YOU TO LOOK AT THE WORLD FROM A DIFFERENT PERSPECTIVE. THE ONE THAT PURPORTS WE HAVE ALL BEEN HAD. THE ONE THAT ASSUMES IT IS ALL A LIE, SMOKE AND MIRRORS, AND WE REALLY ARE OUR OWN WORST ENEMY. IT IS AMAZING AND DISCOVERY IS NEVER ENDING. IT IS DEPRESSING AT BEST. ADD TO THAT THE FACT THAT IT IS OUR OWN FAULT AND THE PEOPLE ARE THE ONES HARMING OTHER PEOPLE. IF YOU ARE ONE OF THOSE PEOPLE INFLICTING HARM ON OTHERS AND YOU REALIZE IT, THINK ABOUT HOW YOU WOULD FEEL IF IT WAS DONE TO YOU, OR YOUR FAMILY? CHANCES ARE WHAT YOU ARE DOING TO OTHERS WOULD NOT HAPPEN TO YOU, BECAUSE YOU KNOW HOW NOT TO LET IT. THAT IS THE KNOWLEDGE I AM SUGGESTING NEEDS TO BE SHARED WITH THE TEAM EITHER BY BEING ON THE TEAM OR SHARING THE DIRECTIONS. I HOPE THAT I HAVE AT MINIMUM STIMULATED A THOUGHT PROCESS THAT WILL NOT ESCAPE YOU TOMORROW. A GOOD IDEA IS AN IDEA WHOSE TIME HAS YET TO COME. jOAN HJOAN5@AOL.COM P.S ANYONE WHO MAY BE ABLE TO GIVE ME SOME GUIDANCE WOULD ALSO BE WELCOME AND TRULY APPRECIATED.

Posted: Tuesday, August 29, 2006
Article comment by: Judith Watkins

I agree this process does give homeowners an independent review - a good thing. However, the idea of all taxpayers having to bear the cost of enforcing rules promulgate by a private organization does not seem fiscally responsible on the part of the public government. And treating those violations as though they were violations of the laws is reprehensible. If the homeowner wishes to appeal the municipal court's ruling will a higher court recognize the legitimacy of the lower court's jurisdiction over these matters? Can a homeowner show proof that the regulation is unreasonable or is not fairly enforced? Will a homeowner have a legal action against the city for interference in what is basically a civil, contractual situation?

Posted: Tuesday, August 29, 2006
Article comment by: Willowdean Vance

AHRC Members at large I am deeply concerned to see a city become a partner to a homeowner association, DBA quasi Government to aid and abett them to violate the constitutional rights of a limited number of citizens which is in fact, "Selective Law Enforcement" and I suggest you ask the attorney general to render an opinion about this discrimination and also the fact, this makes a civic official a party to De Facto Laws, which HOAs write constantly knowing that De Facto laws are in fact unconstitutiona. Does this mean all govt of the people, by the people for the people has ended with no action by congress etc.? If so, God Help America...Willowdean W.Vance, To Save the American Dream, Payson, Az. where the Bill of Rights is honored each Dec.

Posted: Tuesday, August 29, 2006
Article comment by: Eldon Hunt

What recourse will the homeowner have against the HOA if they violate state or county laws.

Posted: Monday, August 28, 2006
Article comment by: Don Leo

This actaully may be a two edged sword. Granted the HOA has an easier way to enforce the covenants. But also the Association Members have access to the same law enforcement system. Today if the HOA or the board is violating the covenants, the member has no recourse except expensive lawyers. Our board is presently assesing condo owners for individual repairs to their limited common area. Our particular state law indicates this is illegal. However, at present we have no non-lawyer recourse. I think this is a good idea, whose time has come.


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