Hi Gary,

I really enjoyed your opinion about Homeowners' Associations.

I have debated these (and many more) issues on a daily basis.

As an Officer, experience has taught me that "people will try to get away with as much as they are able to." Usually, people who bend or break the rules are only interested in their "rights" while showing little concern for the decency and comfort of others.

We do not live in a perfect world.

Single family homes, trailer parks, camping grounds, and the International Space Center, all have issues about personal and collaborate living.

What if (and it does happen) that beloved dog takes a chunk out of another homeowner's
leg? I can guarantee the weight of the dog will be less than the price of a lawsuit.

What happens when parking is a problem and homeowners are too lazy to clean off their "extra" cars in a snow storm so the " very expensive" snowremoval experts can do their job?

These and many other issues are not just about individual preferences (such as the color of your drapes or carpet) but an "image" and "brand" that needs to be protected for the benefit of all. Pride of ownership is not a "right." In America, it is a privilege equal to driving a car. If you make "little mistakes" you can expect to be fined. Make a "big mistake" it can cost you your property. Make a "huge mistake" it can cost you (and innocent others) your LIFE!

As an Officer, I do my best to "do no harm." I listen to the complaints of homeowners, take action to protect their financial interests, and educate myself and others as conditions change.

Happy New Year!

The stuning horror stories of homeowner association living have been told for years on websites such as American Homeowners Resource Center -- http://ahrc.com.

I have begun a Blog, to tell my personal experiences, naming names and documenting the corruption, conspiracies and crimes of my HOA, the City of Cathedral City, CA, city council, the police, the district attorney, and even an Assemblywoman, Bonnie Garcia -- http://sharonstephens.blogspot.com.

Not only did I lose over $100,000 in legal fees, and my home, but also over a year of my freedom in jail when I began to speak out because of bogus restraining orders issued without jurisdiction by the court.

As a 67 year old single woman I am now fighting to clear my name and to recover what I can of my losses. It is a long and ponderous road.

As an ultimate goal, I would like to see some change in the law of disclosure, so that people do know what they are getting into before they sign escrow. I knew nothing of HOA law in 1996 when I purchased my home, and was not even given a copy of the CC&Rs, Rules and By-laws until I had signed the final documents, which had then put me into a binding, unconstitutional adhesion contract.

It is not enough to just recognize and speak to what is wrong, and the all-too-often covert victimization of people, we must do something to change it; we must become part of the solution.

Hello member 1697675,

Education is the key to success.

Long before condominiums became fashionable (in any state in the USA) real estate was commonly being purchased, sold and leased.If you saw something you liked, you inquired about it. Asking questions is usually free.

If you approach the professional "experts," neighbors, local businesses and their customers, school officials, police and fire department, local library, church members (who usually socialize after their formal gathering of worship), post office employees(especially the one who delivers mail), gas station attendants, and local charities or nonprofit organizations
(Wow! ) you have armed yourself with enough information to make an educated decision about the location.

Further research is required. Make an appointment to inspect the property.Ask Questions...
Why is this property being sold, foreclosed, leased, auctioned , or priced below market value?
How much are the taxes and daily expenses(including water and sewage, or bills that occur quarterly and any hidden costs like repairs, etc).

Can I afford it? Ask several mortgage lenders (if you are not paying with CASH), CPA's or other financial advisors to explain "the fine print", and don't stop asking questions until you are confident you understand what they are saying.

Before making any promises, inspect the property again. Take a building inspector, an informed friend or anyone experienced in code violations, safety hazards, etc. Discuss potential problems.

Think. Make an educated decision. If you still want the property then ...
hire an attorney to represent YOUR interests. Any good attorney has enough experience to know if there are bylaws, common fees, special conditions or "future horror stories" that you need to be aware of.

CLOSE THE DEAL!

I have been in the Termite and Pest Control business here in Southern California for many years and I have worked with many Homeowner's Associations, the Board of Directors in those associations and the homeowners and tenants who reside there.
Here's a few more of many possible rules to think about (and every homeowner's association is different):
1. Who is responsible for termite infestation, termite damage, fungus/dry rot damage and moisture damage? Now, often this may get a little tricky, depending on the "rules". Some associations will treat for termites only on the exterior, some on the exterior and the interior and some not at all. Some associations will repair termite damage and some won't. Some associations may cover only certain items such as what is roof related, but won't pay for anything else. Most associations won't be responsible for termite or other damage to an attached patio or deck if the units were not originally built with it. In other words, additions to the unit by owner after the original construction is usually the owner's responsibility.

2. Here in California and some other states, DRYWOOD TERMITES can cause such extensive damage, it is extremely important to properly eliminate them when doing a termite treatment. This often requires performing a tent fumigation which means it is necessary to cover and seal the entire building ( all attached units within that building) and fumigate with a gas fumigant. This requires all units within that building to agree and cooperate. This means you can be at the mercy of your neighbors if you need to fumigate your home to stop the termites from destroying it. Oh, sure you can do a localized spot treatment on the wood members that are visible and accessible, but spot treatments normally do nothing for inaccessible areas such as structural wall framing, floors and other concealed areas resulting in expensive termite damage repairs and reducing the value of your home down the road. Let's face it...a home without termite damage is usually worth more money than the same home with termite damage.
3. Here's something else to think about. Who's responsible for other bugs such as ants, fleas, spiders, cockroaches and other pests? Or how about rats, mice, bees, wasps, etc.? Who's responsible for the exterior and who's responsible for the interior? What's the rules?

Freedom to "PROPERLY MAINTAIN" your property to your standards can be easily compromised in many areas because of the "rules". I've seen many very good homeowner's associations and I've seen some of the worst. BUYER BEWARE!!!

Jud Barry
Dynamic Termite & Pest Control, Inc.
Anaheim, California