08 - 25 - 2003
An Open Letter to the Board of Trustees
From Your Biggest "PIA/Commando" Member
Dear CAI,
Aloha,
Please allow me to introduce myself and
say that I truly hope that this message from my "back porch" somehow finds
its way to each of you.
My name is Monica J. Sadler, but you can
call me "MJ" (or even "Mud" as that is the "moniker" that some folks in
HOA-Hell, as well as the "regulars" on this Message Board know me as.)
In the interest of serving the "greater
good" please note that I intend to forward to you a copy of a "Monica Missile"
which has just gone out to advocates and elected officials across the nation.
Please take the time to read it very carefully, with an open mind and an
open heart...
Apparently, many believe that the time
has come for me to share my "horror story" with a wider audience, in the
sincere hope that it will deter other Associations from making some of
the same mistakes that one of ours has.
First of all, I'd like to preface my comments
by letting you know that I have had an interest in CIDs since the early
80's -- when we were defrauded by the biggest Savings & Loan in Arkansas
-- related to a purchase in a CID in Tulsa, Oklahoma.
That journey into "Legal-Land" ultimately
led me to Washington, D.C. -- where a very special Director at the Federal
Home Loan Bank Board promised to help... (One person CAN sometimes make
a difference.)
Along the way, we stumbled and fumbled,
and I even managed to get our family sued for about 33.6 million, for exposing
this particular unscrupulous HOA Developer/Savings & Loan via radio
and television.
That is also about the same time that a
Tulsa County Grand Jury decided to investigate this HOA Developer -- and
ultimately issued a scathing report against them -- based, in large part,
on the "internal government memo" which disclosed that this Developer had
also violated federal laws by falsely advertising to us...
Who knew that one tiny, talkative, tenacious
Tulsa housewife could convene a Grand Jury "by petition" -- according to
an archaic Oklahoma Statute? This one did...and it turned one nogoodnik
Developer on their ear!
As a result, I have spent the last 20 years
researching and studying HOA issues -- and community association law, and
I have acquired considerable resources through my CAI membership, for which
I am eternally grateful.
I have even had the pleasure of meeting
some of you personally, at the past five CAI Law Seminars -- and I have
been blessed to have been able to afford to hire some of CAI's best and
brightest "experts" to help me address and protect homeowner rights. (I'm
sure you all recognize their names -- Wayne Hyatt of Atlanta, Georgia and
Mark Pearlstein of Chicago, Illinois.)
As an owner of property in a number of
common interest communities in states such as Illinois, Arizona and Hawaii,
I can assure you that I have seen a myriad of problems in the past 20 years.
(My husband served dutifully on one HOA Board for many years.)
Unfortunately, what I have discovered is
that there is no place for a housing consumer to turn when these "inherent"
problems do eventually manifest themselves (due to the fact that amatuers
are usually attempting to run multimillion dollar HOA corporations).
The legal system is not an option for many
housing consumers. Even if it is, things can go terribly awry -- as we
are dealing with the fact that many Judges (who are "mere mortals") are
prone to mistakes -- because they are often "clueless" when it comes to
HOA law. Right? (Lest we forget, that there could be other reasons that
the legal system doesn't always work the way it is supposed to?)
On August 21, 2003, an attorney for one
of the HOAs we own property in (in the State of Illinois) suggested that
I needed to take my crusade to Washington, D.C. Perhaps, the time has come
for me to return to Washington and lobby for increased consumer protections
for those 20 million Americans who live in our nation's 250,000 common
interest communities.
From what I gather, we will not be on the
"same side" when advocating for these increased protections or some sort
of federal oversight?
However, as one of our most important former
residents (Lincoln) suggested long, long ago -- we must not ever be deterred
to fight for a cause we know to be right and just, because of the probability
that we may fail. The lesson I have learned is that persistence DOES eventually
pay off -- and "good does prevail over evil."
I'm no Erin Brokovich (or the fictional
"Elle Woods") -- but, I owe a huge "thank you" to CAI for helping this
one little "PIA" educate herself enough to recognize a legal "circle-jerk"
when she sees it -- because some Boards refuse to hire competent legal
counsel that is trained in the area of HOA law that they are attempting
to practice.
Frankly, when I gave the "fact pattern"
of what is going on in one Illinois HOA (during the "Shop Talk" session
of the last Law Seminar in New Orleans) there was laughter -- and then
the question of "where is this happening?"
Admittedly, it is tough for any HOA Board
when some of their members know more about the law than HOA Counsel does...
If problems such as ours, are happening
in rural Illinois, they CAN happen anywhere... If parties ARE spending
over $1,000,000 on legal fees in cases involving HOAs in rural Illinois,
it CAN happen anywhere. Right? What will put an end to the litigation "gravy
trains" in some HOAs?
The time has come for some of us to head
to Washington, D.C. (again!) Say November for the 30th Annual meeting?
Therefore, I will look forward to hopefully
meeting each of you in the near future, as the view from my "back porch"
is getting pretty darn ugly. It is so sad that we could not have all worked
together for the betterment of communities across our country.
Hopefully, our Legislators will finally
listen to what some at CAI have called "disgruntled malcontents" -- when
we do make it to Washington -- as has been now been suggested?
God help us all, if they don't...
Regards -- M.J. Sadler (Moline, Illinois)
This Open Letter was posted on the CAI Bulletin Board! |