--- "Since HOAs are very local and small, participants are often neighbors and hence have incentive to settle disagreements in a civil manner." --- - "Free-Market Alternatives To Zoning" The Independence Institute February 28, 2009
from the story: --- "I'm going to fight it until the bitter end," Rogers-Peck says. "I will not paint that doll house. I'll move first." The Peck family has called a couple lawyers for help, but says legal fees are very expensive. Lawyers told them their chances of winning are only 50/50. ---
If the Peck's decide to fight this in court, they may have no choice in the end but to move, after the legal fees ruin them and the HOA forecloses on their house to collect its fines and attorney fees.
I'm not familiar with HOA law in California, but can the HOA foreclose on them to collect unpaid fines and fees before this dispute is resolved in court?
correction: I should have asked about "Georgia" HOA law, not "California" HOA law. The news outlet linked to is in Fresno, California but the story takes place in Augusta, Georgia.
Unfortunately, this libertarian paradise is under constant attack.
First, amazingly, numbskulls move to the HOA and immediately begin to violate the rules and regulations that they knew beforehand and that made the community a desirable place to move to in the first place. They are like citizens of the USA who are determined to destroy the things that have made the country prosperous and free. A few numbskulls end up making life miserable for everyone else.
According to libertarians, the problem isn't the petty-authoritarianism of the Mill Haven HOA corporation dictating to the Peck family what they can and cannot do on their private property. Nor that the dictates of the HOA corporation are backed with threats of foreclosure. Oh no, the corporate board-of-directors are not the "few numbskulls [who] end up making life miserable for everyone else."
The problem, the people "who end up making life miserable for everyone else", are grandparents like Becky Rogers-Peck. It is obvious the Pecks are failing to instill little Aubree with the values of Ayn Rand and Murry Rothbard, while setting a bad example for her by being Individualists and defying the Will Of The Collective entity known as the HOA corporation.
Now, consider the homeowners association (HOA). Certainly, the same taste of power has corrupted the key players. They have dreams too, but their dreams are limited by the restrictive covenant that governs use of the property covered by the association. Sure, they send out a monthly newsletter with words of wisdom regarding how residents should live their lives, but they can't do anything about it. The concepts of general welfare and public good are not defined on the deed filed at the county offices as purposes of the association.
Now, I'm not saying that some residents will not suffer the occasional annoyance as HOA trustees hold the color pallet against your mailbox to verify the hue of the stain which you applied, but they can't change the usage of your neighbor's property from residential to commercial.
Other than showing excessive exuberance at times, the HOAs are typically indicted in the press when the singular property owner wants to turn his front yard into a memorial for the flag, replete with search lights and a continually repeating sample of Taps. What's worse, the property owner knowingly agreed to such restrictions prior to purchasing the property. The homeowner, attempting to trample on the agreement, is hailed as the last defender of Lady Liberty herself, while the HOA, defending its contract with all homeowners, is perceived as evil incarnate.
So you see. The HOA corporation is merely "showing excessive exuberance", while the homeowner is trampling on the very foundation of American civilization and Lady Liberty herself. It is the individual American homeowner, not the collectivist-entity known as the HOA corporation, that is "evil incarnate".
I wonder if HOA president Susan Bradley has one of those giant portraits of Saddam Hussein in her living room; the kind that Iraqis were required to have?
Iraqi artists and architecture critics who shudder at each new pastel building blame a range of factors for Baghdad’s slide into tackiness: including corruption and government ineptitude, as well as everyday Iraqis who are trying to banish their grim past and are unaccustomed to having the freedom to choose any color they want. . . . For decades, Saddam Hussein’s government ruled over aesthetics in Iraq’s capital with the same grip it exercised over its people. A committee of artists, architects and designers approved the color of buildings as well as the placement of shrubs. With many beige brick buildings, and color used sparingly — most often on mosques — the city’s appearance was uniform and restrained.
But the committee, like Mr. Hussein’s government, fell apart after the United States invasion in 2003. Some years later, when Iraqis started rebuilding as the violence declined, there was no central arbiter. Bright colors started appearing, and places like the Trade Ministry were done up in pink, orange and yellow. . . .
Ahhh, spring, when a young lawyer's fancy turns to thoughts of...covenant enforcement.
I love covenant enforcement cases. In most situations,the owner who violated the documents has no defense and it's up to the association to make sure the owner complies with the documents that govern his property. Sometimes it can be a headache, but it's the Association's legal duty to enforce these documents.
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.
---
ReplyDelete"Since HOAs are very local and small, participants are often neighbors
and hence have incentive to settle disagreements in a civil manner."
---
- "Free-Market Alternatives To Zoning"
The Independence Institute
February 28, 2009
from the story:
---
"I'm going to fight it until the bitter end," Rogers-Peck says.
"I will not paint that doll house. I'll move first."
The Peck family has called a couple lawyers for help,
but says legal fees are very expensive.
Lawyers told them their chances of winning are only 50/50.
---
If the Peck's decide to fight this in court, they may have no choice in the end but to move, after the legal fees ruin them and the HOA forecloses on their house to collect its fines and attorney fees.
I'm not familiar with HOA law in California, but can the HOA foreclose on them to collect unpaid fines and fees before this dispute is resolved in court?
"There's too much crime and everything else. These lawyers need to be worrying about other things"
ReplyDeleteThe lawyers, along with their clients, are the ones committing the crimes in the neighborhood.
correction: I should have asked about "Georgia" HOA law, not "California" HOA law. The news outlet linked to is in Fresno, California but the story takes place in Augusta, Georgia.
ReplyDeleteWhat was the final outcome of the playhouse story from December?
ReplyDeleteprivatopia.blogspot.com/2011/12/homeowners-association-may-consider.html
Saturday, December 03, 2011
Homeowner's Association May Consider Private Hearing In Wake Of Playhouse Controversy
privatopia.blogspot.com/2011/12/dispute-over-childs-playhouse-becomes.html
Thursday, December 08, 2011
Dispute over child's playhouse becomes an international story
According to a libertarian who writes under the nom de plume of "Mencken's Ghost", HOAs would be a libertarian paradise, except that
ReplyDeleteUnfortunately, this libertarian paradise is under constant attack.
First, amazingly, numbskulls move to the HOA and immediately
begin to violate the rules and regulations that they
knew beforehand and that made the community a desirable
place to move to in the first place. They are like citizens
of the USA who are determined to destroy the things that have
made the country prosperous and free. A few numbskulls
end up making life miserable for everyone else.
According to libertarians, the problem isn't the petty-authoritarianism of the Mill Haven HOA corporation dictating to the Peck family what they can and cannot do on their private property. Nor that the dictates of the HOA corporation are backed with threats of foreclosure. Oh no, the corporate board-of-directors are not the "few numbskulls [who] end up making life miserable for everyone else."
The problem, the people "who end up making life miserable for everyone else", are grandparents like Becky Rogers-Peck. It is obvious the Pecks are failing to instill little Aubree with the values of Ayn Rand and Murry Rothbard, while setting a bad example for her by being Individualists and defying the Will Of The Collective entity known as the HOA corporation.
And then they wonder why most of the population doesn't believe libertarians when they call their philosophy "leave us alone-ism". They make the incompetent-and-inexperienced 0bama look like a genius by comparison.
According to the libertarian Ludwig von Mises Institute :
ReplyDeleteNow, consider the homeowners association (HOA). Certainly, the same taste of power has corrupted the key players. They have dreams too, but their dreams are limited by the restrictive covenant that governs use of the property covered by the association. Sure, they send out a monthly newsletter with words of wisdom regarding how residents should live their lives, but they can't do anything about it. The concepts of general welfare and public good are not defined on the deed filed at the county offices as purposes of the association.
Now, I'm not saying that some residents will not suffer the occasional annoyance as HOA trustees hold the color pallet against your mailbox to verify the hue of the stain which you applied, but they can't change the usage of your neighbor's property from residential to commercial.
Other than showing excessive exuberance at times, the HOAs are typically indicted in the press when the singular property owner wants to turn his front yard into a memorial for the flag, replete with search lights and a continually repeating sample of Taps. What's worse, the property owner knowingly agreed to such restrictions prior to purchasing the property. The homeowner, attempting to trample on the agreement, is hailed as the last defender of Lady Liberty herself, while the HOA, defending its contract with all homeowners, is perceived as evil incarnate.
So you see. The HOA corporation is merely "showing excessive exuberance", while the homeowner is trampling on the very foundation of American civilization and Lady Liberty herself. It is the individual American homeowner, not the collectivist-entity known as the HOA corporation, that is "evil incarnate".
I wonder if HOA president Susan Bradley has one of those giant portraits of Saddam Hussein in her living room; the kind that Iraqis were required to have?
ReplyDeleteAs Baghdad Erupts in Riot of Color, Calls to Tone It Down
New York Times. May 15, 2011
. . .
Baghdad has weathered invasion, occupation, sectarian warfare and suicide bombers. But now it faces a new scourge: tastelessness.
Iraqi artists and architecture critics who shudder at each new pastel building blame a range of factors for Baghdad’s slide into tackiness: including corruption and government ineptitude, as well as everyday Iraqis who are trying to banish their grim past and are unaccustomed to having the freedom to choose any color they want.
. . .
For decades, Saddam Hussein’s government ruled over aesthetics in Iraq’s capital with the same grip it exercised over its people. A committee of artists, architects and designers approved the color of buildings as well as the placement of shrubs. With many beige brick buildings, and color used sparingly — most often on mosques — the city’s appearance was uniform and restrained.
But the committee, like Mr. Hussein’s government, fell apart after the United States invasion in 2003. Some years later, when Iraqis started rebuilding as the violence declined, there was no central arbiter. Bright colors started appearing, and places like the Trade Ministry were done up in pink, orange and yellow.
. . .
At the "Colorado HOA Law" blog, Lindsay S. Smith wrote
ReplyDeletewww.cohoalaw.com/covenant-enforcement-its-springtime-lets-paint-the-house-pink.html
It's Springtime! Let's Paint the House Pink!
04-16-2012
Ahhh, spring, when a young lawyer's fancy turns to
thoughts of...covenant enforcement.
I love covenant enforcement cases. In most situations,the
owner who violated the documents has no defense and it's
up to the association to make sure the owner complies with
the documents that govern his property. Sometimes it can
be a headache, but it's the Association's legal duty to
enforce these documents.
Which just re-enforces something Professor McKenzie told ABC's "20/20" over 10 years ago :
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.