Homeowners’ Associations – A good place to come home to?

WHO IS VIOLATING WHAT RULES?

The fairy tale of owners disregarding the CC&Rs

Article from the May/June 2007 Edition

By Jan Bergemann, President, Cyber Citizens For Justice, Inc.

www.ccfj.net

Homeowners living in mandatory associations know the famous words thrown at them by board members: “The rules are the rules! You were told about the rules when you bought your home. Now obey by it!”

Not so! It may interest you that most of the legal fights in associations (estimated 80%) are not caused by owners violating the original deed-restrictions. Most legal battles are caused by capricious interpretations of the rules or changes made to the initial rules – often without consent of the owners.

Owners and board members alike have to be aware that legal battles don’t serve anybody but the attorneys. Win or lose – the homeowners always pay!

Attorneys, eager to start law suits – it’s their real income – are only too happy to supply over-eager board members with “opinions” that entitle them to change existing rules. And that’s where owners get upset – rightfully so!

Take the ever-fashionable arguments about the color charts. The idea behind rules is not that it gives the wife of the newly elected president the right to change the “approved” colors -- just because she doesn’t have the same taste as the wife of the former president.

As the owner, when I buy a home that is painted pink in an association – I buy it because I like it painted pink! And by buying the home and signing off on the existing deed-restrictions gives me the right to own a pink home in this association. I have the right to repaint the house in the original color. Period! There shouldn’t even be a debate over this – much less nasty letters and a law suit. But it happens all the time -- often in your own community!

People moving into HOAs have to be aware that there are deed-restrictions they have to obey by. That’s why there is the so-called disclosure law – often overlooked! Don’t forget, the whole system of homeowners’ associations is based on contract law. Buying a home in a community binds you to this contract. But a contract means as well that it can’t be changed at random, just because some board members feel that way – and many neighbors remain silent, hoping they will not be the target of board harassment in the near future!

What gets people really upset are power-hungry neighbors, who serve on the board trying to push their personal agendas. And we really see a lot of this! If you go through court files and arbitration records you will see that most of the legal arguments are caused by changed rules, or interpretations of these rules.

May be owners should change the tune and ask board members, who are dead-set to change certain rules, to move if the don’t like the rules? May be that would stop some litigation hungry board members?

And we all should never forget: We are all homeowners and pay the price if boards don’t like the existing rules – or make up their own! And all we want is a nice, peaceful home in a neighborly community – not a place riddled by litigation!

Always remember: Litigation sure doesn’t improve your property values!

Listen To: 

ONE WAY TICKET TO HELL!

WELL! ... I FINALLY BOUGHT: "MY DREAM HOME”

TO ENJOY RETIREMENT LIFE

I'VE MADE NEW FRIENDS AND BUDDYS

LOTS OF PARTY'S FOR MY WIFE

IT SEEMED THAT LIFE WAS PERFECT

ALL MY NEIGHBORS FELT THE SAME

THEN ALONG CAME: "DEATH BY CCR'S"

LIFE'S OVER ... I'M FAIR GAME

THOSE PETTY RULES AND REGULATIONS...

IT'S ENOUGH TO MAKE YOU CRY

THEY'RE FULL OF WOES ... NO PINK FLAMINGOS

SOMEONE TELL US WHY?

SLICK MANAGERS AND LAWYERS

SLITHER CLOSE BUT THEY WON'T TELL

WHY OUR DREAM HOME SHOULD REMIND US

WE BOUGHT A ONE WAY TICKET TO BELL

NOW! ... THERE'S LOTS OF OPEN MEETINGS

CLOSED TO "JUSTICE FOR H. O." (Home Owners)

THOSE ARROGANT BOARD MEMBERS SAY  WHAT

THEY WANT YOU TO KNOW

THE C.A.l. AND U.L.I. WILL

HELP YOU LOSE IT ALL

BUT I WOULDN'T SELL: "THAT DREAM HOME YET

THE   WRITING'S ON THE WALL

(REPEAT CHORUS)

WELL! … WE'RE NOT AFRAID OR STUPID

ALL YOUR THREATS MEAN NOTHING HERE

TIME MARCHES ON..... SOON YOU'LL BE GONE

UNITED.....WE'LL BE THERE

SO! PUT YOUR RULES AND CCR'S

UP WHERE THE SUN DON'T SHINE

AND ENJOY THOSE PRECIOUS "GOLDEN YEARS"

STOP MESSING 'ROUND WITH MINE

(REPEAT FINAL CHORUS)