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Hosted and produced by Shu Bartholomew, On The Commons is a weekly radio show dedicated to discussing the many issues surrounding mandatory homeowner associations, the fastest growing form of residential housing in the nation.

We are often told that residential associations are “Democracy, up close and personal”, that “there is nothing more democratic than a condo or  homeowners association.”  The online legal dictionary defines democracy as: “a government in which the supreme power is vested in the people and exercised by them directly or indirectly through a system of representation usually involving periodically held free elections”.  It all sounds highly civilized, doesn’t it?  In either case, whether a direct form of democracy, or a representative form of government,  the presumption is that the people get to voice their opinions and articulate their desires.  There has to be some form of communication, otherwise it won’t work, no matter how pretty the words.

But what happens when the “people” decide to exercise their power and try to make this “up close and personal democracy” work?

Joining us On The Commons is Bill Davis.  Bill is a Texas attorney who chose to speak out about the problems in Privatopia and was sued for sharing his knowledge and experience in private, residential associations.  We’ll find out who sued him and what happened. 

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Our residential neighborhoods have increasingly become war zones as those in positions of power have systematically torn down any and all remaining defenses left to individual homeowners.  Sadly the totally ridiculous reasons given for the need for all these powers seem to have taken root and are glibly repeated by the very people who have the most to lose, the homeowners.  Additionally, we hear over and over again that the owners have chosen to live under the rules and restrictions in associations.  No doubt a few have, but most people value their autonomy and their peace and quiet and would never agree to the sheer stupidity that makes up our controlled developments. 
 
On The Commons this week we are joined by Frank Short. Frank, an attorney and advocate for individual and property rights is a frequent contributor to the show.  Frank has done our St Patrick’s Day show every year since the beginning.  We have howled like wolves, giggled and been serious in the past.  Please join us On The Common.  We'll talk about proposed legislation and a bill waiting the Governor’s signature and what they mean.  We will also have a dramatic rendition of an actual court scene.  You just have to hear it to believe it.

Download | Duration: 00:49:44

June is torture awareness month and the very word conjures up images of all the war time horrors we hear about, see on both the small and large screens, read about in the history books and some novels.  But what exactly is torture and what does it do to the victim?  Well, one thought is that the purposes of torture are carried out by shattering the essential humanity of other human beings.  But is torture limited to the actions of real governments or can torture be found much closer to home?  Do you have to do something really heinous to deserve to be tortured?

On The Commons this week we are joined by Robert Crowe and Brent Brooks.  Robert is a semi-retired attorney who volunteers some of his free time to work with organizations near and dear to his heart, including Torture Abolition.  During the second half of the show we are joined by Brent Brooks.  Brent, a Georgia homeowner who came home to find his wife’s car blocked in the garage by concrete blocks, put there by the HOA.  Not understanding what was happening or what to do about it, he posted a photo on an open forum which went viral.  You can read the thread here: http://www.city-data.com/forum/atlanta/1298523-car-stuck-garage-hoa-3.html 

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The post war boom brought with it growth, wealth and seemingly unlimited possibilities.  Cars and highways made it possible for families to move out to the suburbs in pursuit of the American Dream.  Along with that dream came financial problems for local municipal governments.  The solution, residential associations, then created a whole host of other problems that seem to be getting worse instead of better. HOA living has long been called a failed experiment but despite its many inherent flaws, the last several decades have seen an unstoppable growth in this type of  housing. 
 
In his highly influential first book, “Privatopia:  Homeowner Associations and the Rise of Residential Private Government”, Professor McKenzie chronicled the early years of this new form of housing.  Now, almost two decades later comes the much awaited “Beyond Privatopia: Rethinking Residential Private Government”.
 
Joining us On The Commons is Professor Evan McKenzie.  Evan is a political Science Professor at the University of Illinois at Chicago, he teaches law at John Marshall Law School, is a practicing attorney, a blogger and in his spare time writes books and articles and gives TV and radio interviews.  We’ll talk about the evolution of HOAs, what they have been defined as and what they really are. 

Download | Duration: 00:57:37

The American dream of homeownership seems to be falling apart.  First the heavy handed HOAs and all the many problem associated with that largely unregulated layer of government reducing the dream to a nightmare, followed by the massive mortgage fraud that has stripped housing consumers of their homes and now we hear about the problems with the actual physical product, the building itself.  Is the American dream of homeownership all it is cracked up to be?  What are the dangers of owning a piece of the dream?
 
On The Commons this week we are joined by Janet Ahmad. Janet is the founder and President of the Texas based Home Owners for Better Building.  Their web page hobb.org is full of information and stories about the issues HOBB gets involved with.  Please join us On The Commons.  We'll find out what prompted Janet to take on this huge issue and what pitfalls of ownership we should look for.

Download | Duration: 00:54:46

The transformation of the American Dream of homeownership into the current scheme of collective, corporate housing has been a boon to local governments, developers and a $50 Billion annual industry.  It has, however, been detrimental to the owners, creating many problems from losing control over one's home, wallet, social life, beliefs, constitutional rights and peace of mind.  Associations have become a study of how not to live.  But is there more fall out from this flawed and failed experiment that has yet to be considered?
 
On The Commons this week we are joined by Dr Gary Solomon.  Dr. Solomon is psychotherapist, a psychology professor at the College of Southern Nevada, a researcher a published author and a Human Rights Advocate.  His research has taken him into the world of HOA living and the abuses within associations.  In his papers, HOA Syndrome and Elder Abuse in HOAs, he explores the physical and mental effects of HOA living on the folks who live in associations.  Please join us On The Commons.  We'll find out what happens to people in power and how the stress caused by neighborhood bullies can adversely affect your health. 

Download | Duration: 00:57:54

Fixing the problem of cash strapped municipalities during the post war housing boom turned into a whole new housing model for Americans.  No longer proud homeowners, generations of housing consumers became "unit owners" in what became known as "associations".  Once local governments realized they could still collect property taxes and then force the owners to pay for the up keep and maintenance of the infrastructure, they were hooked and began mandating this privatized form of housing.  But just how successful was this new fangled housing concept?  And is the concept a viable form of housing?
 
On The Commons this week we are joined by Tyler Berding.  Tyler is a founding attorney of Berding Weil in California.  He represents associations, is a member of the California based Executive Council of Homeowners (ECHO), CAI and the California Association of Community managers, maintains a blog called Condo Issues and is a prolific writer.  One of his articles,  "Predictions of the Future in an Uncertain World", has Tyler looking through his crystal ball into the future of condos.  Please join us On The Commons.  We'll talk to Tyler about the problems with condos, find out why they are failing and take a peek into the future.

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It all sounds so, so, well let's just say Utopian, doesn't it?  You see, there is a neighborhood, with neighborhood amenities, where all the neighbors contribute for those amenities.  And some of the neighbors oversee those amenities, collect the dues, make any business decisions that need to be made and everyone lives happily ever after.  And let's call those neighborhoods associations, whether condo, homeowner or cooperative.  And let's say that this set up provides for "carefree living" where the residents have a say in how their neighborhood is run.  It's enough to give us the warm and fuzzies, isn't it?  So why then, are there so many problems in Privatopia?  And just what do those problems really mean?
 
On The Commons this week we are joined by Jan Bergemann.  Jan is the plain speaking, energetic president of the Florida based Cyber Citizens for Justice www.ccfj.net and www.ccfjedu.net.  Please join us On The Commons.  We'll talk about how well these associations are doing in Florida, what is happening to the amenities and what happens when there are not enough people left to make the common contributions to the association coffers.  And as always, I wonder if association living in a viable and sustainable housing model.

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On The Commons turns 10 years old this month.  Our special guest is Evan McKenzie as we celebrate 10 years and kick off a brand new season of On The Commons.
 
For years housing consumers have been told that associations protect property values despite the fact that there was no real evidence or data to support this pie-in-the sky notion.  With the current downturn in the economy what seems to be emerging is that not only do associations NOT protect property values since they are not immune from the world around them but they can actually diminish values.  While it is a fact that many associations are under water, the exact number is not known.  And for those that are, will they come back?  What happens to property values in those developments?  How many people and how many lives will be adversely affected because of the association?
 
On The Commons this week we are joined by Professor Evan McKenzie. Dr. McKenzie is a professor at the University of Illinois in Chicago and the John Marshall School of Law as well as a practicing attorney, author and blogger.   He is the author of Privatopia: Homeowner Associations and the Rise of Residential Private Government.  His second book is due out soon.  Please join us On The Commons.  We'll take a look at the big picture of the health of HOAs, and where the individual homeowners stand in all this.  We also get a sneak peek at his new book and maybe some ideas for a third one?  Join us and find out.

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Hosted and produced by Shu Bartholomew, On The Commons is a weekly radio show dedicated to discussing the many issues surrounding mandatory homeowner associations, the fastest growing form of residential housing in the nation.
 
Almost half a century ago the idea of creating little private residential enclaves, complete with the power to levy assessments, adopt rules and enforce them was hatched.  While the original goal of providing local governments with a means of collecting free tax dollars worked perfectly, the problems this housing concept created have made the dream of homeownership a nightmare for many.  Over the past decades some legislators have attempted to "fix" the problems.  Have they? 
 
On The Commons this week we are joined by Senator Mike Schneider.  Mike, a Nevada State legislator has been the go to guy in Nevada for HOA and condo problems.  He has introduced legislation designed to provide some form of oversight for his constituents but has it worked and is it enough?  Please join us On The Commons this Saturday, May 29, 2010.  We'll get caught up on the latest from Nevada.

Download | Duration: 00:56:44

Hosted and produced by Shu Bartholomew, On The Commons is a weekly radio show dedicated to discussing the many issues surrounding mandatory homeowner associations, the fastest growing form of residential housing in the nation.
 
HOAs, once billed as mini democracies where residents have greater control over their immediate environment, gradually morphed into representative democracies where homeowners had one day and one day only to "take control" and let their wishes be known.  The only life line thrown to unhappy homeowners is to "throw the bums out".  That, of course, would mean the owners would be allowed to vote, have their votes count, participate in the politics of the association.  But what happens when owners go to the work of getting signatures on a petition to recall a bad board?  Who stands to lose when the owners have a say in the direction the association take? 
 
The latest Zogby poll commissioned by CAI, not surprisingly, found that HOA owners are very happy with the association.  Zogby apparently missed talking to any of the over 260 owners who signed petition in the Ventura Homeowners Association in San Antonio Texas to recall the board.  On The Commons this week we are joined by Brenda Johnson.  Brenda, a disabled vet, had the unmitigated gall to attend a meeting in the association and attempt to ask a question.  Far from the idyllic, almost Rockwellian neighborhood paintings of yesteryear, Brenda's HOA called law enforcement who cuffed her and kept her locked up in the back of the cruiser till the meeting was over.  Please join us On The Commons.  We'll get the details of what happened in this hamlet of horror and maybe we'll understand why Zogby never called anyone there.

Download | Duration: 00:57:48

Hosted and produced by Shu Bartholomew, On The Commons is a weekly radio show dedicated to discussing the many issues surrounding mandatory homeowner associations, the fastest growing form of residential housing in the nation.
 
Abuses and horror stories from the over 300,000 mandatory membership developments nationwide continue to grab the headlines.  Many of the reported abuses are extremely serious while a fair number of them are so ridiculous as to be laughable.  Regardless of the severity, the horror stories make life miserable for the homeowners caught in the web of bad boards, incompetent management and greedy lawyers. 
 
In an attempt to mitigate the harm caused by the horror stories, CAI commissioned yet another poll.  Not surprisingly, like the other polls commissioned in recent years, this poll also found that denizens of these havens of iniquity were overjoyed with their lots in life and thrilled to have someone “protect” them.  The problem is that of the over 60 million American HOA homeowners, only a handful of residents were polled.   Over the next few months, On The Commons will attempt to talk to some of the homeowners Zogby missed. 
 
On The Commons this week we are joined by Joani Ellis.  Joani is a Florida homeowner who is being fined $50/day for placing more than 3 sea shells in her flower bed.  So far the “fine” is over $4,000.  Joani was not “polled” by Zogby and, as far as we know neither were any of her neighbors.  Please join us On The Commons.  We'll hear about the horrifying way disabled neighbors are treated all the way down to the stupid and the ridiculous rules and alleged violations that are common place in her HOA.  And perhaps we’ll understand why none of her neighbors got a call from Zogby.

Download | Duration: 00:56:12

Well folks, it's that time of year again when we celebrate St Patrick's Day here On The Commons with our favorite Leprechaun. 
 
On The Commons this week we are joined by Frank Short.  Frank, an individual and property rights advocate has kept us abreast of pending laws, explained what they would do if passed, talked about law suits, explaining what they really mean.   Please join us On The Commons. We'll get an update on the proposed laws in the Virginia legislature and talk about case law as well.

Download | Duration: 00:50:43

Hosted and produced by Shu Bartholomew, On The Commons is a weekly radio show dedicated to discussing the many issues surrounding mandatory homeowner associations, the fastest growing form of residential housing in the nation.
 
Theoretically if we pool our resources, share in the costs, even the most modest of Americans can live just like the rich and famous we see in the movies.  With that in mind, recreational amenities were dreamed up, designed and made part of the projects of the future.  Swimming pools, golf courses, tennis courts, jogging and riding trails, hangars are part of this new fangled private world we have all been delegated to.  So what is so terrible about having access to a pool?  And horse lovers are drawn to places with stables and riding trails and golf course views command premiums.  Welcome to the dwelling units of the future.  What possible downsides could there be?
 
On The Commons this week we are joined by Jan Bergmann.  Jan, the energetic president of the Florida based Cyber Citizens for Justice (ccfj.net) has his finger on the pulse of the issues facing Florida's condo and HOA residents.  In addition to presiding over CCFJ  , Jan has been a panelist at many Town Hall meetings, maintains a blog for the Sun Sentinel and works with legislators to enact homeowner friendly legislation.  Please join us On The Commons. We'll get caught up on the news, talk about property values and find out just how well all those amenity loaded projects are doing. 

Download | Duration: 00:58:34

Hosted and produced by Shu Bartholomew, On The Commons is a weekly radio show dedicated to discussing the many issues surrounding mandatory homeowner associations, the fastest growing form of residential housing in the nation.
 
 We have been told repeatedly that homeowner associations protect property values.  With that in mind, many Americans have been willing to trade control over their homes for the promise of enhanced values.  Given the current economic situation, the fallacy of the values argument has been exposed.  With unprecedented foreclosures, values have plummeted and associations are struggling with trying to pay the common expenses and make ends meet on a greatly reduced budget.  Raising assessments thus making it financially tougher for the remaining residents who are stretched to the financial limit does little to foster a sense of community or enhance property values.  Common sense would dictate that associations would do their utmost to keep as many members in the association as possible.  But then, as my husband keeps reminding me, there is nothing common about sense.  And the current situations bear that out.
 
On The Commons this week we are joined by Melvyn Hobbs.  In our first ever transcontinental interview, Mel will explain why, after owning his dream vacation condo in Florida for 16 years, spending 10 years and $500,000 fighting in court to protect his rights, he just walked away from his condo and vows not to return to Florida.   Please join us On The Commons. We'll find out what went wrong and what he intends to do now. 

Download | Duration: 00:56:55

It's that time of year again when your state representatives gather to figure out ways to strip you of more rights and this year is no different.  Homeowners should find the bills that have been filed in their respective states and think them through very carefully.  That is something your elected officials claim they don't have the time for before they sponsor and vote on the bills.  Most of the laws that have been enacted have been pro association, tilting the balance away from the individual. 
 
On The Commons this week we are joined by Frank Short. Frank is a frequent guest on the show and a long time advocate for homeowner and individual rights.  Frank has been following the bills proposed in Virginia this year and gives us a run down of the bills, who sponsored them and what they mean.  For more information on what those pesky legislators are up to in VA, check out http://www.richmondsunlight.com/.  Find the bills, vote on them and comment on them. Please join us On The Commons. We'll talk about the bills, go a little beyond the pretty words and focus on what they really mean. 

Download | Duration: 00:57:42