Evan McKenzie on the rise of private urban governance and the law of homeowner and condominium associations. Visit evanmckenzie.wikispaces.com for my published articles and services.
On what grounds did the judge toss the case?Was it simply because the actions of the association were unconscionable? Or was there some legal technicality the judge was able to invoke?
"Grandmother nearly loses condo to foreclosure after $4.70 fee balloons to nearly $3,000" is a tragedy.Playing the "grandmother" card to gain sympathy is as blatant an appeal to emotion as "using the military or veteran card in HOA disagreements".We are tired of these one-sided propaganda pieces about "bad guy HOAs unreasonably foreclose on innocent homeowners, causing catastrophic damage." Ms. Ramcharitar is not the innocent victim of this story. She is a deadbeat who refused to abide by a contract she agreed to. By receiving special treatment from the court, she denied her neighbors the title to the condo that is rightfully theirs. The real victims are the other homeowners, who have agreed to pay the costs incurred by the delinquency of this deadbeat.This individual is obviously infected with the idea that just because she pays the mortgage and property taxes that she has the right to live in a condo that is rightfully the collective property of her neighbors.We're sure that the decent rule-abiding homeowners of Venetian Village are grateful for the work their volunteer board of directors did on their behalf, and the attorneys who attempted to rid the community of parasites like Ms. Ramcharitar.
According to some guy named Evan McKenzie (you may have heard of him),"What's really driving this is the dynamics of these collection lawyers who are just out to generate fees and to sell these houses off as fast as they can."("Do Homeowners Associations Go Too Far?" ABC 20/20. April 20, 2002.)This was a trend years before the current housing crisis, which HOApologists currently use as their excuse.
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