An HOA is a private organization & not a government.

….And there have been at least as many reports of HOAs punishing owners and residents for displaying holiday decor, especially if it happens to feature religious symbols.

So it was only a matter of time before we’d see a report like this one from South Carolina. Homeowners who happen to be Orthodox Jews are being fined by their HOA for displaying an Israeli Flag from their front porch post.

You would think this is violation of the First Amendment of the U.S. Constitution. But association-governed communities, backed by trade groups made up of attorneys and management companies that profit from your HOA, condo, and co-op assessments, continue to argue that your association is a private organization and not a government. Besides, you “agreed” to abide by your contractual obligations to comply with covenants and restrictions, by the mere act of purchasing or leasing your home.

In essence, the twisted viewpoint of the industry giants that influence housing policy is that, in association-governed communities, The Bill of Rights Need Not Apply….

complete article at https://independentamericancommunities.com/2018/01/28/sunday-digest-battle-for-rights-in-your-hoa-condo-or-co-op-community/

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9 thoughts on “An HOA is a private organization & not a government.

  1. It seems to me that lawyers for HOAs do not represent the association members who pay the attorney’s expensive fees, but surely defend the board members when they make mistakes. A former board member of my association recently said to one in my family, that board members do the best they can. And my son wisely pointed out that exactly was the problem in our community. — hank

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  2. You son was right on! To add to that, the person who told him that “the board is doing the best they can”, why do they , the board and this person, use attorneys to attack anyone who speaks up and attempts to help them follow the law and the rules.

    When for ten years the same mistakes are made by the same people over and over again and they cost the “innocent owners” tens if not hundreds of thousands of dollars needlessly,

    why are they afraid to get PROFESSIONAL management company to help them.

    Simply put, as it was put in the town crier recently, and I am quoting ” if we have a professional management company in here the board will not be allowed to do what it wants to do”

    When grandpa wrecks the car ten times in one year, it is way past time to take grandpa’s car keys away,

    and the owners sit back and continue to write checks! WOW!

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  3. Be careful what you write about this gentleman who had been a real estate agent . The outgoing board has appointed him to be back on the board of directors as of 2 28 18. His past history shows that he has no compunction about starting expensive litigation to silence people who criticize the board.

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  4. Hank, you know how this guy operates, There is already too much litigation caused by one persons misdeeds and now the owners are going to give him back the hoa checkbook to do with what he wants, AGAIN!

    Definition of insanity is doing the same thing over and over again and expecting different results.

    There is a fool born every minute, why did they all move to Summer Trees. I cannot wait to see the expressions on their faces when, if they could not afford a $4 a month increase in their regular assessments, what their responses will be when they have to pay for the results of any suit they lose.

    NOT OUR PROBLEM There are 237 unit owners and we can’t get a single honest person to go on the board, that is a pure shame, pitiful mess

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  5. I was told two week ago by a present board member that the reasons that we don’t have any one who wants to be on the board is because of one individual in this community, and to a lesser degree, me, hank springer

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  6. And the reason for that Hank is, as Jack Nicholson said in “An Officer and a Gentleman” is because THEY CAN’T HANDLE THE TRUTH!!

    It is so much easier to go thru ones life with ones head up their backside, where it is always nice and quiet

    too bad if the majority don’t like those of us who chose not to follow the herd and pay attention to what is going on and speak up

    they will be the first to cry when they have to keep writing those checks in excess of their assessments

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  7. Debra, I am not an expert on HOA covenants and Florida Statues. I have in the past attempted to educate my self and those members in our Association by sharing on my social media outlets, copies of certain sections that are important to us all.

    Allow me to insert here that on the use of proxies to obtain a quorum, I think this HOA board is erroneously mis-interpreting the florida statues about the use of proxies for quorums.

    Back to the issue at hand, it seems there are no candidates at this time who want to be elected or appointed to the board. Because there are no candidates for the board, it looks like Bob Rhein is able to just ask to be appointed to the board. Bob Rhein is a former past president of our HOA board, and I am not happy about his return to the Board of Directors this Feb. 28 2014. But I think his appointment under the dire conditions of lacking candidates for the board is probably legal. I wonder if our HOA is in the position at this time that anyone who owns a home in our HOA can just apply and state that he/she wants to be on the board, and that person automatically has to be appointed, as long as there are no candidates for an election. I wonder if by and on Feb. 28 2018 , no other candidates apply as a candidate, if any homeowner in our HOA can show up at that annual HOA meeting and just announce that he/she wants to be on the board. If by chance we might have more requests to be appointed to the board than needed, I imagine that lacking the opportunity to vote on these seekers, the board can among themselves can chose from the seekers. I am under the impression that our HOA by Florida Statue cannot operate with only three board members and in such a situation the HOA would be placed in a “receivership”.

    I state very strongly that I am no expert in these matters, and seriously would like anyone to correct me where I am wrong.

    Another observation I make again is that our HOA board should be out in front of discussions about these matters , explaining and educating all of us as to the implications that we face when no one wants to get on the board. The use of E mail, or the board’s own web site, can easily be put into effect so that rumors, mis-information and evil insinuations can be stunted by the board being one of the first to communicate to HOA members. Just look at the situation the board is content to ignore. Here I am communicating my thoughts about this mess, and I readily admit that I might not know what I am talking about. The board seems to be content to address dire situations like this at the next monthly meeting, and suffer even a 10 year old weighing in on some of these complicated matters with the use of his I phone on his bicycle . But as I see it, the board spends more time trying to silence dissenters in this HOA then communicating to the members in a more timely manner. In a recent HOA meeting I rose to request that the minutes of meetings be published in a more timely fashion by making use of a “draft” publication procedure pending final approval by the board at the next regular HOA board meeting. Bob Rhein who is returning to the board on Feb. 28 2018 stated that there is really no need to do what I was asking for, because we always have done it this way , and it really is a simple matter and not complicated at all. A former president of the board stood to say that board members are volunteers (oh allow me to put it more accurately ONLY volunteers) and publishing a “draft” copy of the minutes would be too much work for volunteers.

    I had to be curt with the current president of the board when he wanted to explain how in the past Ray Shaffer Jr. had complained about the minutes, and I cut him off by pointing out that Henry Springer was addressing the board not Ray Shaffer. I am so tired of hearing how this board can’t do reasonable things because of Ray Shaffer Jr. If previous boards had not mishandled Ray Jr. we would not need to have a special assessment every year. By the way, if you know anyone interested in buying into an HOA community tell them to not only ask the realtor what the assessment dues are for the year, but also ask if there have been special assessments levied within the last three years.

    Ray Jr. told me at 645pm tonight, 1 29 18 that Bob Rhein was at the Port Orange Police Station making a complaint about Ray Jr. I expect the worse now that Bob Rhein is back on the board. FWB is probably rejoicing that Mr, Rhein is back on the board.
    It is what it is, and it is not good — sincerely and honestly, Hank Springer posted 707pm 1 29 18

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