Letter to Smart Money Magazine
November 18, 1999
Buying Homes in Homeowners Associations
are Bad Investments
Alisa Ross

City of Irvine, Orange County-California

We know that in the past as well as more recently, Smart Money Magazine, has printed material about homeowners associations and the inherent problems associated with them. We thank you for taking the reigns on that nasty animal and being willing to publish the tyranny that can take place in one of these regimes.

The whole HOA concept is inherently flawed. It is no way to live the American Dream. Without going into the gory details of our pending lawsuit - believe us, it has been ugly - suffice to say that the oppression and absolute feeling of helplessness in dealing with the tyranny of an out of control HOA tramples upon ones most basic civil rights. The violation of one persons rights soon becomes the violation of many peoples rights. Before long, you have a form of governance that is archaic at best and gestapo at worst.

We urge Smart Money Magazine to continue its coverage of the HOA concept in general. These regimes are growing across the country. We are educated people. We read the governing documents (CCR's and ByLaws) before purchasing. We did not realize we had to be knowledgeable of the Civil Code and the Corporations Code as well. Furthermore, no amount of reading can prepare one for the 'politics' of an association. We did not realize to what extent we were purchasing a home located in a
business.

We leave work to go home, not to go back to work again. We leave one board meeting at the office only to have to go back to another one when we get home.

Our failure to participate in the governance of the corporation - leaves us vulnerable. Even though we tried to participate in the governance of the corporation - we were still left 'in the dark'. Gaining access to information is next to impossible. We have no secret written ballot, collected and counted by an independant third party. We feel as if the elections are being swung all over the place like a swing at recess. Repeated requests for a secret written ballot have been ignored.

Democracy at its worst. Tyranny at its best. The HOA concept is a complete failure. The rights of many Americans are at risk in these regimes. Imagine the person (boardmember) who feels comfortable telling others how to live in their homes. That mindset alone is the fertile breeding ground for a dictator.

From the managers, to the lawyers, to the contractors, to the big ticket insurance companies - all make their living off of one of these corporations. These parasite 'services' earn their bread and butter from the deep pockets of the HOA as a business venture. In the meantime, the homeowners pockets are getting picked, literally while they are sleeping. And in the end, the homeowner loses big time. An out of control HOA is a risky investment. An in control HOA can turn bumpy any time.

A home purchase is often one of the largest life investments we make.These life investments are at risk as share holders in an out of control HOA. Would you invest any large sum of money in a shakey stock investment? Likely not. Do your homework before buying into one of these corporations as they often end up not making the grade.

Thank you, Smart Money Magazine.

Has Smart Money considered doing another bit on the inherently flawed HOA concept?

We hope that Smart Money will consider it!! I recently attended a board meeting of our sub-association which we recorded and nearly every question asked by the members was met with silence. Then, the board went into executive session to have a 'meeting'. Both our master and sub associations are entrenched, political, litigious nightmares!!

Smart Money's Response

January 6, 2000

Alisa

Thank you for writing to SmartMoney.com. I have passed your letter along to the editors as a story suggestion.

SmartMoney.com


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The American Homeowners Resource Center
P. O. Box 97
San Juan Capistrano, CA 92693
Telephone: (949) 366-2125
Website: http://www.ahrc.com
Email: ahrc@ahrc.com