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Category Archives: Virginia
I really shouldn’t take space on this HOA Hell Blog to comment on the horrific mass murders of small children in Connecticut. But since HOA board meetings have also experienced some mass shootings by deranged homeowners, I do have some observations about the current anti-gun hysteria. I am a supporter of the Second Amendment and the reasoning behind it. And yes, I support any law that would take guns out of the hands of criminals, drug gangs, children, untrained gun owners and the mentally ill.
But consider this: not a single one of the current gun-ban proposals will work. Just last week, an Illinois judge ruled that a gun ban in that state was unconstitutional.
And there is the rub. The U.S. Constitution. If firearms are to be banned the only appropriate way to do so is to change the Constitution. I’m not advocating it. I’m just saying it.
I’m also linking to a related news story that most of America probably missed.
It’s not often that the lowly homeowner has much of a chance of getting a fair hearing in court. The vast majority of all rulings are against the homeowner and in favor of the private non-profit corporation. And many’s the judge who’s told a miserable homeowner that he or she should have read his covenants before signing the real estate documents.
Last week’s ruling, though, by the Supreme Court of Virginia was a clarion call to the National Homeowners Association Movement that it can’t stomp on the homeowner’s Constitutional rights forever. Basically the court ruled that the Shadowood Condominium complex in Reston, Virginia cannot assess fines against residents because there was no such permission granted in the development’s master deed. Bam! Pow!
Stone-faced attorneys in Virginia said the ruling will have a profound impact on 10,000 Homeowners Associations across Virginia. It certainly will have a profound impact on lawyers who make a fancy living from dragging homeowners into court over stupid covenant violations.
Just reading about the wrongdoing by certain Shadowood officials over the years is enough to make one weep. Millions of dollars spent on ‘improvements’ with no accounting oversight. Tens of thousands of dollars paid to certain HOA board members for ‘services rendered’. Towing cars right before Thanksgiving. Turning off the heat and air conditioning to ‘punish’ rule-breakers. It’s ugly, and I’ve linked to the Washington Post’s story below.
Law professor Evan McKenzie predicted in his last book, Beyond Privatopia, that Homeowners Associations were going to face a day of reckoning. He was precognizant, a man of real genius.
Folks, the mightiest dam in the world can collapse. The collapse, no matter how large, starts out with a microscopic fissure somewhere.
This dam has not yet collapsed.
But it will.