Federal Officials From HUD Accuse Condo Association Of Discriminating Against Kids - wbztv.com: "The kids are no longer allowed in common areas at the Stonecleave Condos, only a small area on the edge of the complex. It's unfair and kids say its a bad rule.
'We go from house to house or stay in one house. So you gotta stay in one house and watch a movie,' says Tyler, Tracey's 15-year-old son.
Now the US department of Housing is stepping in saying its discrimination against families with kids to charge them a ten dollar fine every time they use the common grassy areas or ride their bikes. A judge will hear the case and could award damages."
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It's bad for the grass, you see. The people who make rules like this must be hatching out of pods.
3 comments:
What is wrong with people? They talk about "preserving property value" but property value is more than "resale value" or "maintenance savings"--property value is also "use value." When you stop my family from enjoying the use of my own property (or commonly owned property), you have reduced my property value.
(Plus, what is the excuse for forbidding bike-riding? Wear and tear on the roads?)
Yes, and I have always characterized this by attacking the often claimed statement that "HOAs preserve property values". Such a statement is an equivocal statement and homeowners are misled into assuming one interpretation which greatly contrasts with realtiy.
The homeowners are led to believe that the value is preserved for the owner. Nothing could be further from the truth. To the extent that any value is created or preserved, it is not preserved for the owner but rather everyone EXCEPT the owner.
The primary purpose of housing for the homeowner is shelter, sanctuary, and raising family. The HOA has destroyed all of that value for the homeowner. The folks that benefit from this are the board members whose egos know no limits and the community corporation attorneys and management companies that try to profit by coming up with ever more restrictions against the owner's own use in order to reap benefits from "private fining" and litigation.
Just another example of why HOAs and condominium associations (which are private corporations not legal governments) should never have the power to impose a fine. Can the homeowners unilaterally "fine" the HOA for flagrant violations of housing laws? I'm sure the HOA would not think that appropriate.
Why do these articles usually neglect to identify the management companies by name? Isn't that the real party in interest behind creating these rules?
They create "debt" by encouraging Board's to adopt use restrictions that individual owners would never agree to. They then allege "violations" (no judge, no jury) and "assess" the homeowner with fines and collection fees. Then they threaten the homeowner with foreclosure to compel payment. Standard operating procedure. Perhaps HUD should investigate the management company's other "clients". Above all, however, the management company's name should be published.
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