A homeowner's association in Kettering is suing Prince George's County Executive Jack B. Johnson (D) and his wife for allegedly failing to pay assessments to the HOA.
In court papers filed in Prince George's County District Court, the Kettering Community Association is asking for about $1,500 in late assessments and legal fees.
"We had this house for 30 years, paid our dues consistently for 30 years," Johnson said in an interview Friday. "They claim we didn't pay. ... It's only $150 (per year). The next thing I know I get a bill for $1,800 or more ... and [got a notice] they are going to foreclose on my house [from] some lawyer. I got pretty mad. I hired a lawyer representing me. ...
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Mr Johnson says: "There's a pattern that's been really frustrating for us," he said. "You have these developers that come in and they build condominium associations and homeowners associations, but the way the bylaws are drafted, the citizens of Prince George's County never take control over their own communities."
Oh, Mr Johnson, I think the problem is much bigger than that!
7 comments:
"Since HOAs are very local and small, participants are often neighbors and hence have incentive to settle disagreements in a civil manner.
-The Independence Institute
"Free-Market Alternatives To Zoning"
February 28, 2009
Participants are rarely "neighbors". One party to the lawsuit is always the HOA corporation which the HOA attorneys and managers or only a handful of "neighbors" control. The other party is the homeowner these groups have targeted. The very existence of the HOA ensures litigation. The "civil manner" referred to above means "civil litigation".
The person that wrote the above-referenced article falls into the class of people who are misled by the use of the term "association" to describe the HOA corporation. The industry prefers the use of the term "association" because it IS misleading. The appropriate term, however, is the HOA corporation One participant in the civil litigation will be the victimized homeowner. The other participant in the civil litigation will be the HOA corporation.
My pal Tom Skiba wrote:
"What we cannot support are situations that compromise the financial health and well-being of associations, place an undue regulatory burden and cost on associations, or treat associations differently than any other type of business entity. Because that is what associations are - businesses. "
But Tom, we in CAI not only WANT associations treated "differently" than any other type of business entity -- we've INSISTED on different treatment for associations, so long as the difference was preferential to the association.
What other "business" can unilaterally decide that you're in breach of a contractual relationship, haul you before a kangaroo court with no due process, impose a "fine" and sell your home by auction on the courthouse steps to collect the "fine" -- all without ever involving a court of competent jurisdiction? Only HOA's get to do this!
We get to do it because lawyers like me, and my pals F. Lee Foreclosure, Velvet Jones, Esq., and other CAI lawyers and lobbyists have worked for years to convince the legislatures that the sky would fall and the Republic would collapse unless associations had these powers.
Keep up the good work, Tom, but let's not only candidly admit what CAI stands for -- let's be proud of what we've done.
As always, have a profitable day!
Phil Filechurner, Esq.
Filechurner & Foreclosure LLP
We make money the CAI way: Through the equity in your home!
Please read the story below about the gentleman who was apparently caring for his elderly Mother, in a gated community, on a golf course, and was in foreclosure.
Two human beings are now dead.
God help CAI if this community, or any of its service providers, were in any way connected with Community Association Institute?
How would a burned out house affect one's property values if it does happen to be a HOA foreclosure action? Would any realtor dare to tell the truth about that property, if you lived next door and wanted to sell?
My unfortunate experience and opinion is that SOME INDUSTRY MEMBERS does not care if they are responsible for terrorizing, harassment, fabricated lawsuits and the outright STEALING of a persons home. I BELIEVE THEY TARGET, TERRORIZE, FILE LAWSUITS THEY KNOW ARE FALSE, THREATEN, PHYSICALLY ABUSE, DESTROY PROPERTY, AND YES, CAPABLE OF NOT CARING IF ANYONE DIES AS ARESULT!!
THERE IS NO DUE PROCESS AND THERE IS NO ONE TO TRUTHFULLY PROVE A HOMEOWNER OWES A DARN THING... MOST "CHARGES," ARE FABRICATED....THESE ARE THE WORST TOOLS FOR FRAUD, EXTORTION, LEGAL ABUSE, VICTIMIZATION OF VULNERABLE POPULATIONS, ELDER ABUSE, ABUSE OF THE COURTS (KANGAROO COURTS) and MANY TIMES A HAVEN FOR THE MOST DESPICABLE HUMAN BEINGS IMAGINABLE! ILLEGAL IN MANY LOCALES, YET HAVE BEEN ALLOWED TO HAPPEN...TO INNOCENT HOMEOWNERS AND I HAVEN'T SEEN ANYONE DO A DARN THING IN FAR TOO MANY CASES EVERY CASE, ESPECIALLY ANY FORECLOSURES, NEEDS TO BE REOPENED!!
FBP (FORMER BOARD PRESIDENT)
♫ There is a place where dreams are scorned, and Bills of Rights are banned.
Constitutions don’t apply, in the land of CAI: Never Never Land.
♫ We’ll call ourselves a “business,” but it’s governing we’ve planned,
We assume the role we choose, either way you’re going to lose: Never Never Land
♫ You’ll face foreclosure every day there
But liens are paid in more than gold
For if you decide to stay there
You’ll wake one day without your soul.
♫ Just pay, obey, and don’t make waves, and follow our commands.
You’ll comply at any cost, or your equity is lost: Forever … in Never Never Land.
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