Strata Owners are Revolting

Strata owners in the USA are revolting!  

No, not in themselves.  But by lobbying and marching to protest abuses of power by committees and boards.

That involves a few new phenomenon like a protest march in Carson City, Nevada where more than 50 people rallied against abusive power, harassment and exorbitant fines.  They're calling on legislators to introduce laws that would cap the amount of home owner association fines and collection agency fees, eliminate "kangaroo courts" run by homeowners association boards and limit the mandatory arbitration requirement.

You can read more about the rally here.

The revolting owners tell stories like these.

• Brigitte Porter who was fined $3,110 by Heather Ridge Homeowners Association because the color of her driveway paint was a different shade from the previous colour
• Doris Vescio of Sun City Anthem fined $100 a week since November for a fence that's more than 6 feet high, even though it was approved by the architectural committee the Mount Charleston Golf Estates board who illegally approved a $2,500 special assessment without putting the item on a meeting agenda and under false pretenses to intimidate owners

And they complain about dispute handling processes in Nevada where lawmakers thought they were doing homeowners a favor allowing only $100 fines per violation, with repeat violations up to $1,000.  But because committees, lawyers and arbitrators always opt for arbitration they're also awarded tens of thousands of dollars in fees.  

Or, so says Bob Sullivan, a Las Vegas attorney who represented several homeowners in cases against their associations.  He said that “Homeowners are forced into mediation before they can file a lawsuit”. "You've got $25,000 to $40,000 in legal fees before you step into court. It's absolutely ridiculous," and that “the alternative dispute resolution process administered by the Nevada Real Estate Division is broken, said Bob Sullivan,. It needs "transparency and honesty".

Sound familiar?

Bob Robey, a Sun City Summerlin resident and rally organizer sees this as a civil rights returned.  He says “there's no separation of power with the HOA board of directors. They write the rules, enforce the rules and issue the fines” So, he’s set up

And, one owner has gone even further. 

Jonathan Friedrich, an eight-year resident of Rancho Bel Air has set up a website, www.hoa1234.com to draw support for the homeowners' cause and keep people abreast of happenings.  There are about 15 bill drafts in the Legislature dealing with associations including a home- owners' "bill of rights" introduced to the legislature last year by Assemblyman Harvey Munford, D-Las Vegas.  Friedrich says it got "trampled on because it would hurt attorneys, collection companies and community association managers”.

So, it appears that unhappy owners are not staying quiet and still any more.  Speaking their mind and challenging authority they herald a brewing revolution in strata.

See you in the strata trenches.

Francesco ….