Monday, May 30, 2011

HOA threatens to sue wildfire survivor

The recreational vehicle and camper he is living and working out of until his home can be rebuilt is violating Article 8, Section 3(e) of the Sportsman's World Property Owners Association covenant, according to a letter Brumbelow received from a Dallas law firm.

"If you do not move the vehicles immediately, the Association is expected to file suit," the letter reads, hitting him with attorneys fees and seeking injunctive relief.

The Association is on record, however, saying it is "sorry that he lost his house."
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And no FEMA trailers allowed, either.

6 comments:

Anonymous said...

"Since HOAs are very local and small, participants are often neighbors and hence have incentive to settle disagreements in a civil manner."

-Brian Schwartz
"Free-Market Alternatives To Zoning"
The Independence Institute
February 28, 2009

Anonymous said...

Anybody want to place bets on when, if ever, Overlawyered.com will mention this?

Bonus points for anyone who can find other stories about HOA lawyers and lawsuits on that web site.

Anonymous said...

Mr. Brumbelow should stop complaining and appreciate the libertarian paradise that he agreed to.

anonymous said...

"HOAs are a market response to people’s desire to protect their home’s value. They are voluntary contracts, and deserve to be protected by law. They are also an example of how private alternatives can easily replace government edicts. As such, they stand as an excellent example of free exchange and free will — highly appropriate in a free society."

-Scott McPherson
policy advisor
The Future of Freedom Foundation
"Are HOAs Anti-Freedom?"
Freedom Daily. November 2004.

Anonymous said...

I guess libertarian means treat your neighbors like dirt. This was a disater and neighbors are supposed to help each other not quote sections of a contract. I hope the power mad HOA members never need any help. Dallas

Anonymous said...

Libertarians defend the HOA at http://reason.com/blog/2011/06/15/ask-a-libertarian-how-can-libe#comment_2341170