Power hungry HOAs. Clueless HOA directors and management companies. We’ve probably all heard horror stories about Home Owners Associations abusing their power and acting like fools.
Not too long ago, I blogged here that I actually LIKE my HOA. And I do. Everything I said in that blog is true. But I’d be naïve to think all HOAs are like mine. Fact is, they aren’t. And here is living proof”¦
Kelly recently commented here about what’s been happening with her HOA in North Carolina. I found her story to be a compelling example of an HOA gone very, very bad.
Seems Kelly was running a web site for the Millstone Ridge Homeowners Association, http://www.millstoneridge.org. She was PAID BY THE ASSOCIATION to maintain this site. The HOA Directors PROVIDED her with their bios and additional content for the site. The HOA Directors were involved in the selection of the domain name. The HOA Directors approved promoting the web site via distribution of the domain name to residents on magnets.
Sounds like this HOA was all for this web site, doesn’t it? Could any reasonable person possibly come to any other conclusion?
Well, get this”¦
Kelly recently received a “cease and desist” letter from an attorney representing the Millstone Ridge Home Owners Association. In his letter, the attorney for the HOA requested in no uncertain terms that Kelly remove “official” documents from the web site as well as post prominent disclaimers on every page of the site that the site wasn’t authorized by the HOA, nor connected to it:
As incredible as this sounds, it gets worse!
Kelly’s husband is ON THE HOA BOARD OF DIRECTORS! He had *no clue* this was being done! It seems the President of the HOA board likes to have votes on issues outside of meetings. There are five members on the board, and the President will “take votes” over the telephone. When he gets the required majority of three votes, the voting ends. Sometimes he’ll tell the two members who weren’t even approached for a vote about it, sometimes not. So much for open discussion of board matters! Has this guy ever stopped to think that the board should DISCUSS matters in front of them before a vote is taken?!? I find this behavior appalling, and if I lived in Millstone Ridge, I would be livid at this type of behavior.
So apparently, the HOA president, and one could safely assume the HOA management company, get some wild idea they no longer want this website around. So they take a “vote” and decide to spend homeowner’s money to get an attorney to draft a letter to Kelly. Hmmmm”¦ Wonder why they didn’t just ASK Kelly (or her director husband) to change the site? Going WAY overboard and getting an attorney involved sure seems like a misuse of the HOA’s funds (funds that are supplied by guess who””the homeowners).
Looks like the board is up for re-election in ten days. I hope the residents of Millstone Ridge come to the meeting in droves and vote these jokers out of office. Even if they’ve already mailed in a ballot casting a vote for these people, they should be able to attend the meeting, retrieve their mailed-in ballot and cast a new vote. I don’t know the North Carolina HOA laws, but I’d be surprised if this wasn’t an option. And if the mailed in ballot is locked in, then it’s time to dig out the CC&Rs and follow the provisions to oust the board. If it were my HOA, I’d be looking for a new management company as well because any management company that condones the use of HOA funds for a legal solution to a petty problem like this is wasting the HOAs money. What else are they doing to waste your money?
This rediculous abuse of power is not the only example either. How about the board deciding to put barbed wire up around the swimming pool? Again they spent time and effort getting estimates before it was pointed out to them that what they wanted to do was against city ordinance. These people have no clue. None.
This cluelessness, abuse of power, and misuse of funds is what gives HOAs across the country a bad name. If it can happen in North Carolina, it can happen anywhere. There are great HOAs, and obviously there are lousy ones too. Come on residents of Millstone Ridge, get up, get the word out and vote these bozos out of office! Hey if nothing else, ask them how much of YOUR MONEY they spent getting the lawyer to write the letter when all they had to do was ask Kelly or her husband to “fix” the site! (They HAVE to tell you what it cost. And don’t buy some excuse like “it’s included in the management fee”. Trust me, no lawyer writes a two page cease and desist letter without lining their wallet.)
My wife is concerned that I’ll get myself in trouble posting this blog. I don’t care. The whole freaking world should know what these morons are trying to do. The attorney for Millstone Ridge wrote to Kelly, “you most assuredly have the right to freely speak your mind on issues, including those relating to the community and the Association. You can not do so in a way that leads visitors to believe that you are speaking on behalf of the Association, or with its knowledge, consent, or cooperation.”
Well, I’m freely speaking my mind about the Association. And I’m certain no visitor to this blog will be led to believe that I’m speaking on behalf of the Association, or with its knowledge, consent, or cooperation. I welcome any and all comments, and would love to hear from some Millstone Ridge residents on how they feel about this. You can comment here anonymously, so no need to fear retribution. I’d love even more to hear from some of the directors and even the attorney and management company, but I’m not holding my breath. It’d be a chance for them to defend these deplorable actions in a public forum. But given their blatent disrespect for the residents of their own community, I don’t see them stepping up here.
(you may need to click on the images to expand them for reading.)
Here is page 1 of the attorney’s letter to Kelly
Here is page 2 of the attorney’s letter to Kelly
And here is Kelly’s response
The Phoenix Real Estate Guy was started by Jay Thompson, and I have a little blogging problem... he liked to say...
When people do not have anything else to do with their lives they do things to make them feel like they are making a difference. The board members of HOA of Millstone Ridge are those type of people. Sounds like a soap opera to me. He said she said this and that. WHHHAAAAAAAA!!
Rather sad and disturbing – but that is what happens when Power goes to people's heads. Kelly should visit http://www.chore.us to see if she can find more help. I know it helped me when I battled my HOA.
Jay,
Thank you for clearing up some questions many of us have had regarding the advisors to President Bush regarding the presence of WMD in Iraq. From what you have shared, we are now "in the know" regarding their whereabouts. We had traced them to the group advising the President regarding the response to Katrina and lost track of them. It is apparent that they have resurfaced and are now running this HOA.
jmac,
LMAO
Yup. In this case you gotta raise some hell. You know, I don't agree with you on other issues but on this one — well, see if they have the balls to follow up.
Tell those assholes to pound sand. Again. This is ignorance at its finest.
Kelly needs to get a life…
getalife –
I'm fundamentally opposed to deleting comments, so yours will stay. Everyone is entitled to express their opinion here.
But I don't understand, at all, how you can say Kelly is the one that needs to get a life.
Did you read what these people are doing to her? THEY need to get a life, and let Kelley live hers in peace.
Jay
Too bad those poor homeowners are in a Nazi state and are being held captive by the Gestapo.
Only a few people actually know what's going on. I thought a Homeowner's Association was for homeowners of that subdivision/community. Someone within the community should rally the troops and vote for new Board members, as they are sorely needed!
Come on people..do you really think her version of this story is 100% truthful??? There must be more to it, for the hoa to take such extreme measures. Here's an idea..why doesnt she run for the hoa???
MUFTA,
Which part of the story do you believe I am making up? If you truly think that then I am missing my calling to write fiction stories. You know the saying, "Truth is stranger than fiction.'"
My husband is on the board and will run again. According to the By-Laws, spouses may not serve together. I do not wish to run against my husband who has been doing a stellar job.
The elections will take place in two days. If the current board members are voted in again, I will be shocked. However, I will HAPPILY return to my life as it was prior to May 2006. Best of all, I won't have to do the community newsletter or website, which I have been doing as a courtesy for the community for the past year and a half. Without incidents or complaints, I might add.
Kelly
GetALife-
If the board members would do their job, TO SERVE THE HOMEOWNERS, perhaps I would not have to point out all of the of the By-Laws they are violating.
The By-Laws are in place to give the HOA power, however, it is also in place to protect the homeowners from abusing such powers.
I have a wonderful life. The HOA just needs to let me live it.
The Millstone Ridge website is back up, with some minor alterations.
And a fine site it is!
PLEASE be sure to post back here with the election results!! Good luck..
I'm headed off to my directors meeting shortly. I'm sure we'll be discussing your experience.
Jay
The community has spoken, and Kelly's husband was not elected, the hoa board remains the same with 2 new additions! Apparently the community is happy with the existing board & by the way…here is a copy of an email that Kelly sent to the board on 6/14/06 (it was read out loud at the annual meeting), she never mentioned that on your web site. Happy reading and bye bye to the drama queen!
Date: Fri, 14 Jul 2006 22:39:28 -0400
Dear Board Members:
I no longer wish to take payment for the Millstone Ridge newsletter and website. This frees me up for taking a position on the HOA board in August. This decision affects me only and does not affect any other people who receive payment for newsletter work, which was set up by XXX to be distributed amongst all contributors.
The payment is being perceived as giving the board final editing control for the newsletter. This is not an acceptable situation – past practice has been that the board receives a courtesy copy for review and correction if necessary, with final editorial approval resting with the newsletter editor. Usually one review by the board members was adequate. Having the newsletter reviewed three times is excessive and shows a lack of trust in my abilities, regardless of my proven ability with the past five newsletters.
If the board insists on editorial control, you can publish one yourselves. Either way we will continue to produce a newsletter as a service to our fellow homeowners, official or unofficial, just as XXXXXX and I envisioned when we created it.
The website payment of $25 per quarter has been applied to the cost of buying the domain name (millstoneridge.org) and hosting the website so the residents do not have to deal with pop-up ads and other miscellaneous ads that appeared on the page when using a free host. I am bearing the sole cost of employment taxes for the payment I received from the HOA for the newsletter and website, which doesn't leave much in my pocket so why bother with it. I will continue to maintain the website as a courtesy for my community. When renewal is required of the domain and hosting plan, I will submit an invoice to XXXXXX for reimbursement, pending HOA approval.
If you wish to "hire" me, I charge $28/hour to generate a newsletter and $35/hour for website design and maintenance. I put in at least 20 hours creating and maintaining the website. If you were a client, you would be billed $700.
Thank you,
Kelly XXXXX
If that is your evidence, you better dig deeper. There is no excuse for violating the by-laws. A former cop claiming ignorance of the law is a very sad low, even for you.
Yes, you sure beat us fair and square. Collecting proxies from the homeowners so you can control the vote. What else is new.
If anyone is out there, HELP! The HOA Board of Directors has our community hostage.
—– Original Message —–
Sent: Wednesday, July 05, 2006 1:48 PM
Subject: Pool Vandalism
Kelly:
Request you post on the website that the pool was vandalized again this morning sometime between 9:20 AM and 12:15 P.M. this afternoon. All of the pool furniture was thrown into the pool, the outside showers were turned on and left on, the faucets in the bathroom were turned on and left on and the first aid kit was strewn about the pool area. Ask that our neighbors please keep an eye on the pool if they are nearby and if they see anything that is happening to please call the police.
Thank you,
Bob
Sent: Monday, June 05, 2006 11:07 PM
Subject: Millstone Ridge Magnets:
Hi A-,
The purchase of 125 magnets to promote the Millstone Ridge website and Crime Watch Program was approved by
myself, *** and **** this afternoon. This purchase has been approved by a majority of HOA board members.
Can you please reimburse Kelly when you receive the receipt from her.
You get one ad-a-boy Kelly, this is one of the good ones, way to go girl.
Thank you for the good work,
Holy crap, Kelly! Proxies!!!! People actually signed a proxy letting these "bozos" vote for them. I'd contact your state to get that changed. Many states already have something in place to protect against this stuff.
And really, bozo, calling her a drama queen? I hope your community doesn't see this. Then again, maybe they should.
I live in Millstone Ridge and can speak on Kelly's behalf-
everything she says is true!
I have my own collection of nasty emails sent to me by current board members. They have no problem name calling or twisting facts. Any opposition is take as a personal attack. The board members were "so nice" to collect proxy votes from those who could not attend the meeting! Just sign here….They know no one sitting in that room, hearing the facts would re-elect them! Such a pity, it is all about the power and "one uping" -can you imagine how productive they would be if they invested this much interest
into a positive channel? World Hunger may end…..
I live in the infamous Millstone Ridge, it is a beautiful community with a lot of families & children. It is truly a shame that a handful of people can blow things way out of proportion and thrive on stirring controversy in our nice community. Millstone Ridge is a nice place to live.
I use to read that web site & it was used in a good way at it’s inception, but it turned sour. The message board/forum was nothing more than an opportunity for people to say things they would never say in person, it was always the same person hiding behind the computer, picking apart anything people would write, that's when I stopped reading it. I'm glad it's gone, it caused hurt feelings.
Things are sometimes better handled the old fashioned way, face to face conversations and phone calls. Anytime I had dealing with the HOA board it was positive, they have done a lot for the community last year, they have reduced the dues for all of us, that is huge.
I’m sure those unhappy Millstone people will continue to whine and gripe about the board, but you can’t please everyone. The board has apparently pleased most, the majority spoke, via proxy or in person, they trusted enough to vote them in again & that’s says a lot!
Just thought I'd chime in. I'm alarmed that many people just don't want to hear about these kinds of disputes. For one, an HOA is a form of government: we all have a right to participate. Also, when valid allegations of mismanagement are made, they need to be addressed. Some people would want Kelly and others to simply "shut up" because they say "life is good." That's the wrong opinion. Someone needs to watch government. Would you tell the Washington Post and New York Times to "shut up" about possible abuses in government? No! You need them there to keep government honest, even if you disagree with them. An HOA needs the same form of checks and balances. The alternative is too scary: just imagine what an HOA could do if unchecked!
We all love harmony, but if there is disharmony, look to who is causing it. Is it nonsense or are there valid concerns? You don't have to agree with those concerns, just simply assess whether they are legitimate. Believe me, we have 274 other things we'd rather focus on too. I think we're more disappointed than anything.
"All that is required for evil to prevail is for good men to do nothing." -Edmund Burke
Please read my first post #1. Ditto plus- People of Millstone Ridge please do not be alarmed, Hitler and Stalin has not been reborn. Some people who do not have anything better to do except try to run a mini government with all the soap opera like action. Please find something else to do, like get Bush out of office and stop the war in Iraq. Remember, there are people in this world who do not have HOA's in their neighorhoods and they live in peace and harmony.
There are also people that have HOAs and still live in peace and harmony.
Rich,
If you lived under an HOA and chose to not care how they spent your money or treated you, then I think your advice would be fine. I would never, however, ask someone or expect someone to live under such conditions and not do whatever possible to change it. That my good man, is the difference between living in a democracy and under Hitler and Stalin. Ironically, you advocate getting rid of Bush, whose role affects the average person very little, yet don't seem to support getting rid of elected officials who have infinitely more impact on a person's day-to-day life. Odd. Whatever happened to Life, Liberty, and the Pursuit of Happiness?
Just to start a new conversation here, I thought I would share the principles of an HOA that I felt any board of directors should be obligated to uphold. I distributed these to every homeowner, read them for the election, pledged myself to uphold them, and asked every other candidate if they would uphold them. Two of the three other challengers so pledged. No sitting board members other than myself did so.
The principles:
1. Allow people to live freely
2. Be accountable to the homeowners
3. Safeguard the neighborhood
4. Promote growth in property values
5. Keep dues low
6. Be open and transparent in all business
7. Know, understand, and uphold the By-laws and Covenants
8. Maintain high ethical standards
Great list Todd. That pretty much sums up the entire purpose of an HOA director. How anyone could elect someone to THEIR board that isn't willing to pledge to uphold these things is mind-boggling.
You are so spot-on about the local level officials. People whine about the President, Congress, Senators, etc. Yet voter turn out is horrifically low for local elections. Political energy needs to be focused at the local level. The city councils, school boards and HOA boards have *far* more impact on people's daily lives than "the big boys".
Kelly told me your CC&Rs have no provisions for removing board members. Hopefully there are provisions for ammending the CC&Rs. Sounds like it may be time for a grass roots effort to ammend them to affect change. Your HOA is probably like most in that there is a significant percentage of homeowners that have no clue what is going on. Tap into them, educate them, and you may find a large enough group to make things happen…
Good luck, and don't give up!!
Jay
I think that, perhaps, it's not entirely true that we have no recourse.
Kelly, WHY is this this HOA on a foreclusre website??
Kelly, WHY is this this HOA on a foreclosure website??
http://www.foreclosuresdaily.com/demo_calendarSea…
Miep – this blog post is from a year and a half ago. I doubt Kelly will see your question. Even if she did, and knew the answer (which she wouldn't) she wouldn't be able to say much.
Looks to me like the HOA probably had a lien against a home that foreclosed. Nothing earth shattering, happens all the time.
Talk about reviving an old post huh….
I am quite far from Millstone, but it is astonishing that local residents put up with it all for quite some time. HOA are abusing their power, they are paying for it after all, aren’t they? I have seen another case, not related to Millstone, where president used his position in his private interests. Quite annoying.
That is just ridiculous! It seems like despots not only rules countries, but inhabit positions of power in other structures too. This process wasn't done democratically, and who is paying the legal fees for this obvious swipe? The dictator should be deposed, and made to pay the costs his illegal actions incurred.