JosephW (Michigan)
Posts: 882
Posts: 882
Posted:
A couple of weeks ago, one of the main HOA-bashers lost big-time in a lawsuit with her association. The article below provides more details:
HOA-basher mostly silent, but she vows to keep fighting
November 12, 2007 - 5:19AM
In 2001, Jan Jackson began a crusade against homeowners associations, or HOAs, starting with her own, the beautiful B Lazy M Ranch near Florissant.
Over the years, Jackson pummeled her HOA board members with hundreds of vitriolic e-mails, in newspapers and on Web sites, calling them “corrupt; wannabe dictators; psychopaths; sycophants” and various other names.
She portrayed the board as “exhibit A” in the debate why HOAs should be abolished. She even testified before the Colorado General Assembly as the victim of a rogue HOA board.
Today, she is mostly silent.
On Oct. 24, 4th Judicial District Judge Thomas Kennedy issued a damning judicial smackdown to Jackson, 75, a retired administrative assistant.
Kennedy rejected her claim the board had illegally changed neighborhood covenants and increased dues. And he upheld the board’s counterclaim that Jackson had libeled them, perhaps hundreds of times.
He fined her $10,000 plus court costs — which could more than double her debt.
Kennedy also ordered her to contact every newspaper, including The Gazette, and Web site to request that they purge her venomous online rants against her HOA.
At a time when HOA-bashing is the rage, and although she spent years researching the law and writing about her board and HOAs statewide, Jackson’s case stands as a valuable warning.
“The judge’s order is really big,” said Gary Ledford, president of the ranch HOA board. “There were over 2,000 pages of exhibits of letters she wrote, e-mails, Web postings. It went on and on. It was harassment.
“Finally, we said ‘enough.’ We filed a counterclaim.”
No longer does Ledford have to fear opening his e-mail to find another long attack from Jackson. She risks being held in contempt of court, another fine or jail, if she sends any such message.
But she still writes Ledford. Wrote him Nov. 4 telling him to add an item to the next board meeting agenda. She wants security cameras installed at the gates to the ranch, a 30-year-old development on Hay Creek with 20 houses scattered among elephant rock outcroppings, forests and ponds, with Pikes Peak as a backdrop.
Jackson and her husband own two houses and barns, each on 35-acre lots, valued at about $300,000 and $425,000. They bought the first in 1999.
How did Ledford respond to her? He invited her to form a committee, research cameras and make a presentation to the board.
“She still has rights as an owner,” Ledford said. “It’s a legitimate issue. We’ll consider it, as long as she’s civil and doesn’t call people names. We’re not in the punishment business.”
Despite the cordial response, Jackson remains convinced that her board, and all HOAs, must be abolished.
Though wary of violating the judge’s warning not to bad-mouth the HOA again, she vows the fight is far from over.
“I will never stop,” Jackson said, implying she will appeal Kennedy’s order. “It’s not right what has happened to me and other homeowners around the country.
“If we don’t put a stop to this, we will all be living in HOAs under these types of boards.”
---------------------------
In my mind, the main item to take away from this is that community associations need reform, not condemnation. If you have the time, listen to Prof. Evan McKenzie talk about how change can come, in the podcast from "On the Commons":
http://media.podcastingmanager.com/79121-82159/Media/20071013mckenzie.mp3
Joe
HOA-basher mostly silent, but she vows to keep fighting
November 12, 2007 - 5:19AM
In 2001, Jan Jackson began a crusade against homeowners associations, or HOAs, starting with her own, the beautiful B Lazy M Ranch near Florissant.
Over the years, Jackson pummeled her HOA board members with hundreds of vitriolic e-mails, in newspapers and on Web sites, calling them “corrupt; wannabe dictators; psychopaths; sycophants” and various other names.
She portrayed the board as “exhibit A” in the debate why HOAs should be abolished. She even testified before the Colorado General Assembly as the victim of a rogue HOA board.
Today, she is mostly silent.
On Oct. 24, 4th Judicial District Judge Thomas Kennedy issued a damning judicial smackdown to Jackson, 75, a retired administrative assistant.
Kennedy rejected her claim the board had illegally changed neighborhood covenants and increased dues. And he upheld the board’s counterclaim that Jackson had libeled them, perhaps hundreds of times.
He fined her $10,000 plus court costs — which could more than double her debt.
Kennedy also ordered her to contact every newspaper, including The Gazette, and Web site to request that they purge her venomous online rants against her HOA.
At a time when HOA-bashing is the rage, and although she spent years researching the law and writing about her board and HOAs statewide, Jackson’s case stands as a valuable warning.
“The judge’s order is really big,” said Gary Ledford, president of the ranch HOA board. “There were over 2,000 pages of exhibits of letters she wrote, e-mails, Web postings. It went on and on. It was harassment.
“Finally, we said ‘enough.’ We filed a counterclaim.”
No longer does Ledford have to fear opening his e-mail to find another long attack from Jackson. She risks being held in contempt of court, another fine or jail, if she sends any such message.
But she still writes Ledford. Wrote him Nov. 4 telling him to add an item to the next board meeting agenda. She wants security cameras installed at the gates to the ranch, a 30-year-old development on Hay Creek with 20 houses scattered among elephant rock outcroppings, forests and ponds, with Pikes Peak as a backdrop.
Jackson and her husband own two houses and barns, each on 35-acre lots, valued at about $300,000 and $425,000. They bought the first in 1999.
How did Ledford respond to her? He invited her to form a committee, research cameras and make a presentation to the board.
“She still has rights as an owner,” Ledford said. “It’s a legitimate issue. We’ll consider it, as long as she’s civil and doesn’t call people names. We’re not in the punishment business.”
Despite the cordial response, Jackson remains convinced that her board, and all HOAs, must be abolished.
Though wary of violating the judge’s warning not to bad-mouth the HOA again, she vows the fight is far from over.
“I will never stop,” Jackson said, implying she will appeal Kennedy’s order. “It’s not right what has happened to me and other homeowners around the country.
“If we don’t put a stop to this, we will all be living in HOAs under these types of boards.”
---------------------------
In my mind, the main item to take away from this is that community associations need reform, not condemnation. If you have the time, listen to Prof. Evan McKenzie talk about how change can come, in the podcast from "On the Commons":
http://media.podcastingmanager.com/79121-82159/Media/20071013mckenzie.mp3
Joe
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Community Associations Network, LLC
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