Saturday, April 03, 2010

Lawyer: "Be aggressive with your foreclosure actions."

Condo and HOA Law by Donna DiMaggio Berger, Esq.: Time to Tighten Up Your Current Collection Policy: "Be aggressive with your foreclosure actions. This accomplishes several things: it sends a message to the rest of the paying members that you are doing something; it warns those who might be tempted to stop paying their assessments that you will do something, it allows the association (once it takes title) to either sell the property or lease it out short term to recoup some or all of the money owed and it allows the association to control who occupies the property and its condition."
I posted a link a while back to President Obama's request that banks not be so quick to foreclose. I received a comment to that post flagging this one, from Donna Berger's blog. She says to "be aggressive with your foreclosure actions."

I understand that associations need to collect delinquent assessments, or else the other owners end up paying for the ones who don't. But look--even CAI says to use foreclosure only as a last resort. Yet, within CAI there are always these lawyers and managers who tell their association clients something different, such as be aggressive; use foreclosure ASAP; use nonjudicial foreclosure if possible; and so forth.

So--which of these two approaches is the "real" CAI? The statements that emanate from CAI national, or the advice CAI members give their client associations?

Monday, March 29, 2010

Homeowner group OKs $4,000 yard art fine |

Homeowner group OKs $4,000 yard art fine | "LAKEWOOD RANCH - Two metal poodles and several small seashells decorating Summerfield resident Joani Ellis' front yard are still costing her $50 a day

Facing nearly $4,000 in fines, Ellis appealed the penalties to the Summerfield/Riverwalk Homeowner Association on Thursday night.

But the board did not budge on their stance that Ellis is breaking a neighborhood rule that allows only three lawn decorations."

Take a look at the picture and tell me this is something her neighbors have any business even talking about, much less imposing fines.

Fred Pilot sent this link.

Colleyville homeowners divided over developer's control of HOAs | News for Dallas, Texas | Dallas Morning News | Breaking News for Dallas-Fort Worth | Dallas Morning News

Colleyville homeowners divided over developer's control of HOAs | News for Dallas, Texas | Dallas Morning News | Breaking News for Dallas-Fort Worth | Dallas Morning News: "COLLEYVILLE – This affluent community, full of beautiful new homes and shops, doesn't look like a hothouse for revolutionaries hellbent on overthrowing the established suburban order.

But a group of residents in five luxury neighborhoods has grown tired of their homeowners associations dictating everything from how many day lilies to plant in a flower bed to what companies they can hire to put in a swimming pool."

The peasants are revolting!

Thanks to Fred Pilot for the link.

Sunday, March 28, 2010

Somebody needs a lawyer in Colorado

Can anybody give me the name of an attorney in Colorado who will represent owners in a dispute with an HOA? I have been contacted by somebody in Jefferson County, CO, who needs a lawyer. You can send it to me at and I will pass it on to the interested party.

White men shun Democrats -- Page 1 -- Times Union - Albany NY

White men shun Democrats -- Page 1 -- Times Union - Albany NY: "Millions of white men who voted for Barack Obama are walking away from the Democratic Party, and it appears increasingly likely that they'll take the midterms elections in November with them. Their departure could well lead to a GOP landslide on a scale not seen since 1994."
It only took a year or so for President Obama to alienate a huge chunk of the electorate. I don't think there is much he can do to get them back, either. People know who he is now.

He ran as a common-sense, centrist, outsider who was going to Washington to fix things. Nobody who knew him would have believed that for a minute, of course, but with the press declining to dig into his background much it worked with a lot of independents. The Republicans had cast themselves into a pit of disrepute and the McCain-Palin ticket was hopelessly inept, so Obama swept right in.

But now everybody can see that Obama is farther to the left than he let on. He is committing the federal government to vast deficits for decades to come, and he is loading up his administration with lefties who want to regulate every aspect of the economy to the point of making entire industries virtual arms of the federal government. With Congress on his side he can do all this, or at least most of it.

Jobs and fixing the federal budget are more important to many voters than they are to those in power in Washington. If the November elections bring a huge turnout of angry white people, watch out. Remember that Ross Perot got 19% of the vote in 1992. And he was an obvious nutball whose VP candidate couldn't even figure out why Perot chose him.