Dissolving a Homeowners Association IV
Contributed by: Jan Jackson on 4/2/2007
As we follow the experiences of a typical intelligent and rational, law-abiding member of a homeowners association (HOA) who is questioning his HOA's BoD regarding the facts and law of their decisions and actions, we find that he eventually realizes that his HOA's board of directors appear to simply be covert power-and-money seekers who have a hidden agenda (along with their cooperative, sycophantic "cabal" of HOA members who can swing their HOA's vote any way their HOA BoD wants it to go) -- a hidden agenda which is not usually in the best interests of the non-cabal members of the HOA, but which cements in stone the dictatorial power and money goals of the HOA's BoD and its cabal.
After the typical HOA homeowner (who just wants to know the facts and law details of his HOA's BoD's decisions and actions) continues to ask his BoD President (and other BoD members) questions, some of the more unsophisticated-in-the-various-nuances-of-corruption BoD members, and members of their cabal, begin to become less and less smiling and friendly-acting, and more and more verbally and non-verbally hostile towards him. They may even, because of the aberrant personalities of these types of men and women -- especially when they get a taste of power -- physically assault the questioning member. Then, of course, the city chief of police or county sheriff is contacted by the HOA member who was assaulted and a hearing and/or trial ensues.
But even then, his HOA and their cabal do not, will not, stop the onslaught of their covert agenda. But the HOA questioning member doesn't stop asking for factual and legal answers to his questions, either.
And so it goes, sometimes for weeks, or months, or even years.
Eventually, however, the questioning HOA member gathers enough hard evidence to file a lawsuit against his HOA. Why does he take that very expensive and time-consuming step? Usually because, in this country, there is no other way but a lawsuit to stop corrupt HOA BoDs from turning their HOAs into little dictatorships. Yes, I did say "dictatorships." How can HOA BoDs do that? Usually they are able to accomplish that because of two things: (1) The HOA's attorney is often a CAI (Community Associations Institute) member, and (2) state authorities -- under their state's HOA laws (which the CAI lobbyists often appear to write themselves) -- have no oversight of HOAs whatsoever. Therefore, all an HOA homeowner who is trying to right the wrongs that are going on his HOA can do is to sue his Association.
Until recently, most HOA homeowners wouldn't file a lawsuit against their HOAs. They simply moved, or "shut up and paid up." Recently, however, HOA attorneys (often CAI members) and their HOA BoD clients appear to have become so destructively aggressive -- ecologically and financially -- toward questioning HOA homeowners, and because HOA homeowners are now regularly in touch with each other all over this country, they feel confident of winning when they sue their HOAs (they now know that the similar "HOA horrors" are happening to other HOA homeowners, and they also have become "educated" in HOA laws and procedures themselves).
And still more recently, because of the outrageous hacking of the AHRC (American Homeowners Resource Center) Web site, and the AHRC's aggressive offline and online attack (RICO lawsuits) against the CAI in the state of California, HOA homeowners all over the country are talking to their own attorneys about filing that type of a lawsuit against their own HOA.