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TimB4 (Tennessee)
Posts: 21,059
Posted:
On several recent threads MikeR15 has suggested that we read an Article title The HOA Gravy Train.

If you have taken the time to read it, you will see that the article isn't an anti-HOA article but an article about management companies effectively calling the shots while elected Board members sit by and allow it to happen. The Gravy Train spoken of is the management company’s confidence in the board to follow their every suggestion on how to “properly” run their own lives and the costs associated with it. The article even specifies that being self managed would create a gravy-train wreck. The article goes on, in my opinion, to make a mockery of "fiduciary duty."

One would typically gather that since MikeR15 has called your attention to this article that he is in favor of a self-managed HOA. However, in a previous thread (see last post on page 5), Mike stated that he doesn't waste time going to HOA meetings, he tosses ballots into the trash and that all he wants to do is pay the assessment and be left alone.

I'm not really trying to pick on Mike but he was the one who advocated reading the article about the gravy train and his previous comments help to make the point I desire to make. The article seems to advocate being self managed. Well, it takes individuals willing to become active in the process to make that happen.

For a little background: I am currently serving on a Board for a self-managed Association. Therefore, I guess our Association has caused a gravy-train wreck. However, contrary to the article, we use fiduciary duty to make decisions on what is best for the Association vs. what is best for just one member. Often, what is best for one member is what is best for the Association.

To get back on point, I do believe that Mike has stated the truth about many individuals who live in an Association: "We pay our bill and expect them [the Association] to leave us alone."

What many fail to realize is that if they don't become involved in the operating of their Association, be it professionally managed or self-managed, they allow those who are willing to be involved be the ones who will make the decisions that affect their life and property. Using my own Association as an example, at our last annual meeting we had 17 lots represented in person. Those 17 carried an additional 27 proxies for a total of 44 or 33.8% of the membership. Some may say that those are great numbers. Others may say those are terrible. My point is, imagine what changes could be made within our Association if the other 66.2% of the membership decided to become involved. Heck, for my Association, that's enough to change the governing documents.

My point is, if you don't like the way things are being done in your Association, and are not involved in the process, you need to take some of the blame.

If participation in your Association is similar to my Association, you might be able to make corrections from within simply by knocking on a few doors and collecting proxies. Imagine the changes you could make.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Well said. If one does not participate then they have no one to blame for the results but themselves.
BrianB (California)
Posts: 2,820
Posted:
One gets the government one deserves.

Over and over again, I see that bear truth in HOA's (and city halls... and HOA is just a lower level government of people we vote into power). We can rail about our elected officials, or we could actually do something about electing better ones.

Railing is easier.

AllisonD (Florida)
Posts: 449
Posted:
Very well said Tim. I am the president of my HOA and have been on the board in various capacities since I moved here. I have not always agreed with the rest of the board on various matters; sometimes I win the argument and sometimes I do not. But I would lose every time if I did not use my voice. My residents know I have their best interests at heart. Some residents are afraid to speak up at meetings because they get insulted by other homeowners or are afraid to be wrong. But these homeowners have a right to speak and a right to be heard so they often call me, and I make sure their voice is heard. I am happy that I have that reputation with them. Other homeowners think we work for them and treat us like employees, and still others forget they live in an association run development. Currently, I am exploring becoming self-managed; I am not happy with any management companies because they always make extra work they can charge for and because they make too many mistakes. They have influenced board members' decisions in undesirable ways. It's what is best for my association. Will it be a lot of work? Sure, but I take my responsibility seriously enough to make this change.

Past board members have spent money like drunken sailors, created padded budgets and did not plan for the future, despite my few years on the board fighting for responsible behavior. Luckily, the influencing force of past years is now gone (not dead, just not on the board) and I can get things done. I am trying to stop the gravy train in its tracks and create policies that will prevent irresponsible behavior from happening in the future.

MikeR15 (Massachusetts)
Posts: 389
Posted:
If HOAs are governments, they more resemble some tin pot banana republic rather than our Constitutional Democracy ( 'real' government)

A bedrock principle of "real" governement is the seperation of powers.

This principle does not existent in HOAs.

James Madison said..well read Federalist 10 and then go to Federalist 47 for the explaination and justifiction of this bedrock principle and why without it..."no further arguments would be necessary to inspire a universal reprobation of the system".

But it gets much worse. There are no election laws that apply to HOAs, no Open Meeting Laws, no chain of custody of ballots and the "newsletter"....well they are routinely more controled than Pravda ever was.

People living in HOAs almost always try to "get involved" and very quicky realize that the form of governance is so shabby that it is simply a waste of time.

How many folks attend your meetings. I am sure it is just a fraction of homeowners.

Yet you kid yourself and call it "apathy".

As if any American citizen is "apathtic" of the place they raise their familys and call their home.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By MikeR15 on 07/05/2013 6:18 PM

How many folks attend your meetings. I am sure it is just a fraction of homeowners.

I believe that I provided this information.

Why the individuals chose not to participate in the process (in person or by proxy) I can not answer. I did have one member, when I asked for their proxy, simply state that they don't get involved in such things.

As I've said in other posts, not being involved is certainly an option and a choice anyone may make (heck they do that when electing judges, State and Federal representatives). Of course, the unintended consequences of not being involved may not be something they like.

Quote:
Posted By MikeR15 on 07/05/2013 6:18 PM

Yet you kid yourself and call it "apathy".

As if any American citizen is "apathtic" of the place they raise their familys and call their home.

Apathy, per Merrium-Webster, lack of interest or concern : indifference

I do believe that most would describe the desire to not become involved in the process of making decisions in the place that you raise your family as apathetic. I suppose that some might call it defiance but regardless of what it is called, the end result is the same. It allows those who are willing to become involved to make the decisions that may directly affect your life and property.

TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By MikeR15 on 07/05/2013 6:18 PM
If HOAs are governments, they more resemble some tin pot banana republic rather than our Constitutional Democracy ( 'real' government)

Mike, I'm glad to see that you used the word "IF" in your response.

Even though Associations may be perceived as a quasi government, the reality is that Associations are business entities, many of which are actually incorporated. This entity is the result of a contractual agreement between all owners. The contract itself is the CC&Rs.

To quote a VA Supreme Court opinion:

"The power exercised by the Association is contractual in nature and is the creature of the condominium documents to which all unit owners subjected themselves in purchasing their units."

Of course the same is true for non-condominium Associations.
BrianB (California)
Posts: 2,820
Posted:
a bedrock principle of SOME governments is separation of power. It is not, however the bedrock principle of all, or even many.

In fact, in the history of humankind, it's a somewhat new idea, that has yet to catch on and be proven through the test of time. It's got a bit more than 225 years under its belt, still a baby when compared to Theocracy, Monarchy, etc., which have many many thousand years of practice and experience.

MikeR15 (Massachusetts)
Posts: 389
Posted:
Sorry, I should have qualified that by saying....righteous western style democracys.

As opposed to tin pot banana republic style "democracys" (you know where they vote and the ballots get counted in the back room by the board president)
JonD1
Posts: 2,350
Posted:
Win, lose or draw act with some class and grace.

Mike nobody likes a sore loser.

You had a bad lawyer, you represented your case poorly, he relied on flawed thinking,
you made many false assumptions, and you bit off way more than you could ever chew.

Lacks any degree of class when you continue to badmouth the very folks who cleaned your clock for the past 10 years. Perhaps they just knew more than you thought you knew!

All those dreams and fantasies of yours up in a puff of "appeal denied" smoke.

Please come back in the event you lose now for the 4th time and explain to us all just how and why you failed again.

MikeR15 (Massachusetts)
Posts: 389
Posted:
Oh hey Jon,

You keeping popping up like one of those gophers in that smack their heads till they go away game!

Don't get your hopes up about my losing my lawsuit just yet.

There are a few motions that need to be dealt with first.

And if I had been stupid enough to spend my money on an attorney for the absurd reason of attempting to assert my contractual rights....

Well you are right, it would have cost me a fortune by now!

As it stands I am out a few hundred bucks (filing fees ect).

Less than a day of skiing.

But the big Kahuna will be the issue of HOAs levying fines here in MA.

Again,we have to wait on the glacial pace of the courts before that issue is settled as well.
JonD1
Posts: 2,350
Posted:
Quote:
Posted By MikeR15 on 07/06/2013 5:54 PM
Oh hey Jon,

You keeping popping up like one of those gophers in that smack their heads till they go away game!

Don't get your hopes up about my losing my lawsuit just yet.

There are a few motions that need to be dealt with first.

And if I had been stupid enough to spend my money on an attorney for the absurd reason of attempting to assert my contractual rights....

Well you are right, it would have cost me a fortune by now!

As it stands I am out a few hundred bucks (filing fees ect).

Less than a day of skiing.

But the big Kahuna will be the issue of HOAs levying fines here in MA.

Again,we have to wait on the glacial pace of the courts before that issue is settled as well.

Here's a news flash for you Mike if you win, lose or draw it means NOTHING to me.

Doesn't affect me in the least.

Doesn't affect 99% of the HOAs.

And more than likely the Earth will still remain in orbit.

A far cry from what you promised was going to happen!

How did that taking the Board members homes go?
How did that breach of contract claim you made go?

And in the article I read in This Old House I think you mentioned it has cost you $40,000 you know the first time around. Or was that more BS?

A few hundred bucks and 10 years and countless hours spreading nonsense. Making yourself sound like a fool all over the internet.

Yeah sounds like a win-win for you.

So when do they start construction on the new hanger?

JonD1
Posts: 2,350
Posted:
"But it wasn't until the Reardons decided to move that things got really messy. The association informed Reardon that his prospective buyer, who was not a pilot, would have to build an airplane hangar on the lot. "She heard that and got spooked away."

Frustrated, he sued the association for interference with contract but lost. "The CC&R documents require the building of a hangar," says former association president Dave Shaw. "You sign them to show you agree." Now out $40,000 in legal fees and looking at building a hangar, at a cost of as much as $150,000, before he can sell the house, Reardon is more anxious than ever to leave. "We can't even stand seeing our neighbors anymore," he says."

Yeah I thought that's what it said in that This Old House article.

$40,000 in legal fees and another $150,000 to put up the hanger.

That protecting the Constitution seems to be getting expensive.

Sounds to me like Mike dug himself quite a hole and has just kept digging.

No doubt Mike would see this as a WIN!

MikeR15 (Massachusetts)
Posts: 389
Posted:


No doubt a preview to one of your board meetings.

I am sure this is exactly how you respond to some homeowner who wants to know:

Where is the money going?

Or

Why do you think you are above the law?

Your response?

Why a foaming at the mouth personal attack of course!

And you wonder why wild horses could not drag us to one of those vile things.
MikeR15 (Massachusetts)
Posts: 389
Posted:
But that is the whole point isn't it?

You DON"T want people at your meetings!. Especially if they are not the weak willed sycophant types that will nod their heads like bobble head dolls at your unqualified amateurish antics.

The CAI is even getting laws passed that allow you to conduct business when all normal homeowners refuse to get within 100 feet of the sociopaths.

Because we all know how you idiots can't wait to stuff their pockets with OUR money.

Folks need to know this stuff don't you think?

So I will 'volunteer' to shine a little sunlight into this little hole of duplicity and deceit.

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