Monday, May 16, 2011

Property owner battles HOA in courts of law, public opinion

OMAHA, Neb. (AP) -- Timothy Adams isn't backing down.

The Omaha resident has turned a dispute with his neighborhood association into a public battle, putting up billboards, launching a website and taking to social media to publicize a lawsuit filed against him over the installation of solar panels on the roof of his home near Lake Zorinsky.

"It's not about money," said Adams, 49. "It's about sticking up for principles. If it's about spending tens of thousands of dollars educating people, I will do it."


Anonymous said...

Good! It is about time abused homeowners who have had it, fight back. LONG OVERDUE! This man, along with a number of others, deserve a medal. If they ((the HOA's victim(s))have been made homeless, due to their activism and truth, from these fabricated, conflict creatcd lawsuits, they deserve to be rectified, financially compensated and the perpetrators put in jail!

richflocker said...

HOAs are a nuisance - an invasive species of government that has destroyed the American way of life. HOAs should be outlawed and dissolved, their "governing documents" burned and branded "a bad religion". HOA "Covenants" are written by profit-churning attorneys. These "contracts" are designed to entrap, fleece and demoralize the American home buyers and you cannot win if the contract is allowed to be "valid" (key strategy = it is not a valid contract since it is one of adhesion and is unconscionable). Beware that "laws" regarding HOA power is biased in favor of the Reich, as the foundation of our society (the rule of law) is contaminated with a conflict of interest regarding HOAs. This UNCONSTITUTIONAL DICTATOR FOUNDED GOVERNMENT is based on the contract theory, and you never agreed to these unconscionable dictated governing powers. Who created your HOA? It certainly was not the homeowners. Likely it was the developer's HOA management company lawyer who wrote those "covenants" and that's a conflict of interest, the Contract should be VOIDED.

Pooh said...

AZ HOA CC&R & bylaws are governed & written by the state. As far as what I have researched. Only it seems that the HOA that I bought a house under, has stated at a recent meeting that they don't care if they are illegally going against state law, and the CC&R's and bylaws,by gouging homeowners for unfounded cost, only to fill the boards bank account. Actual cost of expenses come to 110.00 p/unit, p/month for 20 homes. The board has raised those fees by 20% & continue each year to push for more money, as they have upped the dues to 135.00 p/mth on top added an additional annual payment of 135.00 in November of every year to fill their bank account. We have 50,000.00 in cd's which has been established plenty of money to pay for any major future expenses. When any expense is questioned, the board takes personal,offense to & refuses to answer or bluntly state that it is non of your business, as to what they spend the associations HOA dues on. Their is no transparency. They then go around the neighborhood degrading anyone who dares question anything they do, (which is child's play, mind you these are not children or are they?)turning neighbor against neighbor, stating they are doing the best they can & this one person who dares to question or looks for better ways to decrease cost of raising dues beyond the actual expenses has hurt their feelings, so they set out to destroy that individual. Being this is a 55+ community & many are on set budgets,this board has no compassion over & over rule those on set budgets, who have became the minority.
Just as you think it could come to an end when elections approach, electing people in the community that are found to have great qulifications and seem to fight for all neighbors, they are told it is not going to happen, as this board refuses to step down after their 3 yr. term, which is written in the CC&R & bylaws by the way of a 3 yr term. Because they would loose out on a payment to themselves, which is also against the CC&R's which states no board member can receive payment, as a board member, except for reimbursement of out of pocket expenses. So my question, is taking it before the courts worth pursuing, to help the minority, who can not afford to fight an unjust & out of control board?