HomeStead Owners Group (HOG)

On The Front Porch - Column by John Michael Spinelli

Apr 29, 2002

One April 19th ABC?’s long-running and critically acclaimed new magazine program ?“20/20?” featured an eye-popping segment titled ?‘Private Governments in which a homeowners association used its rules to, among other unreasonable actions, foreclose on a retired, widower without her knowledge.
Although this was a particularly difficult scenario to envision, it nonetheless did happen. With 50 million Americans living in communities run by homeowner associations, you may find that you don?’t have the freedom to do everything you like on your (our) property.
This issue?’s ?“Dilemma of the Deck?” article describes a homegrown example that our builder created. Previous articles in The HomeSteader have explained condominiums as a ?‘business partnership?’ where individually we own the inside of our home, but where we collectively own the exteriors of our units and the common areas throughout the project. This is an important concept to understand. It?’s what differentiates a condominium community from the majority of streets where single-family homes are found.
Knowing the ins and outs of condominium living and law is necessary for all of us who have bought into this village knowing that standards will be enforced to maintain our property values and our quality of life. It?’s one for all and all for one, to borrow a phrase more likely associated with ?‘musketeering?’ than with homeownership. However, it?’s apt and it works. Does the builder understand it?
Part of our difficulties arise from the inherent conflict of interest between the developer?’s desire to sell more units here and at their other locations, and the developer?’s control of our monthly
condo dues and our association which Ohio law provides them. Ohio condominium law creates a ?‘feudal system?’ where the developer gets to rule the kingdom and make decisions in private on how our monthly condo dues is used, while we are kept at bay.
It?’s my proposal that the developer recast the number of units it intends to build downward from 272 (a fantasy number) to the 123 (a real number). This will then speed along the process for the residents to take over. By these numbers, we would at least have had one person on the three-member board by now. Until such time, though, we must act as a group, and demand full and complete information on all matters, and be accepted as a partner in the development of our village.
After months of asking for the builder?’s association minutes, I?’ve finally received three meetings. What?’s sad and disconcerting is the mystery of where the minutes from the required quarterly meetings to have been held since November of 2000? A continuing mystery is when the builder?’s association meets and if we are invited to attend. This question has been evaded for months, along with others. Why? I wish I had an answer for you. Let?’s keep vigilant and vibrant. Remember, it?’s our village. One for all and all for one!