HOA’S with flock cameras without a membership vote have real problems

Seeing the reports of homeowner associations installing flock cameras, or any security device without a member, vote is alarming for a number of reasons and is a direct assault on the entire concept of a common interest community; Moreover these board actions  are jeopardizing, not only themselves as board members as well the overall Viability of the community itself with potential massive legal ramifications to all owners! 

1. Structural & Code Violations ("Offset" Installations)

When a contractor or board member bypasses city ordinances or installs cameras improperly:

• The Breakaway Threat: Public or common roadside fixtures usually require standard breakaway bases. If a camera pole is installed rigidly without an approved breakaway base, an errant driver striking the pole could suffer severe or fatal injuries. The HOA can be held directly liable for civil negligence. 
• Encroachment & Permit Revocation: If cameras are mistakenly placed on a public right-of-way, municipalities will order them removed at the HOA's expense. For example, the city of Brentwood, California recently ordered an HOA to dismantle its Flock system after finding the permits were issued in error for public roadways.

2. Privacy Violations & Governance "Overstepping"

While HOAs generally have broad authority to manage common areas, the intrusive nature of data-logging cameras has changed the legal playing field

• Scope Creep: Flock cameras are built to read plates, but residents across the country have flagged lenses turning up aimed at areas like swimming pools, parks, and tennis courts. Angling cameras where residents have a reasonable expectation of privacy (like recreational decks or into backyards) triggers massive invasion-of-privacy lawsuits.

• Bad Data & False Arrests: If the HOA shares a cloud database with law enforcement and an input error occurs—leading to a resident or guest being wrongfully pulled over by police at gunpoint—the association can face significant exposure for contributing to the mistake. 

3. Financial Backlash & Decreasing Home Values

The pushback isn't just happening in court; it is happening on the market. Real estate experts report that secret surveillance contracts are actively killing home sales. Prospective buyers are checking crowdsourced surveillance maps and walking away from signed contracts rather than inheriting an unvoted surveillance liability funded by their own dues. Furthermore, when boards install them in secret, furious residents have resorted to cutting down the poles with saws, resulting in immediate property damage losses for the community. 

How HOA attorneys and insurance companies are allowing this is very suspicious, yet not surprising  And it is going to lead to lawsuits if they aren’t already being filed. 

At a minimum, these are the areas to check: The HOA's bylaws to see if expenditures over a certain amount require a community-wide vote? Does board’s  Directors and Officers (D&O) insurance that covers intentional torts or privacy claims? 

The CommunityPacalypse, whats unfolding in Condo HOA land

 In 2007 when #StateofCommunities was first established,  the conditions, issues, recourses  and government response to “problems in CIC land.”  was already lacking now 14 years later it’s so bad that we have been forced to restart this blog and expand on some of the new threats to the Communities, Insurance underwriters, Mortgage companies, Banks & connected Financial institutions and eventually the government entities: Fannie, Freddie, VA, HUD  and FHA so let’s estimated impacted total market. 

Common Interest Communities represent about 1/4 of the US housing market and 100 million collective US residents. There are over 15 trillions of dollars of community repairs that are not underway and may not be possible to start under the present course.

Acknowledging these number shows the scale and scope of the unresolved and often growing problems for tens of thousand of communities like SurfSide Condo in Florida which highlights the “Reserved Fund underfunded problem.”  Yet that is nothing to the money giants taking our communities and especially tokenize the ownership of them creating what they claim is oppourity, and that translates into higher cost of rent for the average citizens and the long-term viability of the community based upon the number of owner occupants reserve fund contributions special assessment contributions for all the investor owners like them that haven’t been paying their assessments.  Here’s the problem stated by one of the main creators of it. 

Let’s be clear, the housing stock never should have been allowed to be turned into some kind of disconnect asset class. Now we present #TheCommunityPacalypse which is what is happening as Hedge Funds that have turned the US Housing  into a bad crypto like housing is an asset scam! 

 It was first brought to our attention by a user on Tic Tok, talking about how these funds have stopped their investors from dumping these homes.

And within a week we saw Senator Marley has seen the light* and intruded the "End Hedge Fund Control of American Homes Act", if passed, the Act would ban hedge funds and private equity investors from owning large numbers of homes by establishing a $20,000 federal tax penalty for each single family home owned by a single company and its affiliates over 100 homes Link.  while this is an efforts it amounts to locking the barn-door after all the livestock left. 

* Underwriting of these communities precludes more than 15% investor owners which this flies in the face of it and literally makes a mockery turning homes into a crypto asset class, example a popular Fox News Host boost of owning 3000 homes, so the bill while well intended will not do anything to stop the problems that now will be forthcoming which; we’ll be blogging about here, so come back this is  just the tip of the iceberg. 

Village Green Cooperative is finally getting it's day in the Light.

If you're just because aware of the plight of the Blind unit owner in Prince Georges County that was evicted from his residence because of a disputed water bill then you're just getting started with Village Green.

Well this has been going on for a long time.  In fact back Aug 29th 2013 members of the community gather at a local elementary school to hear a presentation by WSSC on the refund that had recently been remitted back the community.

According to the representative of WSSC  at this meeting the rebate back the community was over 77 thousand dollars, yet unit owners like the one evicted didn't see a dime of it.



So what are some of the issue we know are happening.

Currently unit owners have to share the expenses of a three different water mains that come into their community from WSSC.  It seems that an out of state third party is responsible for maintaining a separate meter and from these they determine the billing and are responsible for sending them out and collecting the balances.

It's this relationship that is now being used to throw out on the street a number of unit owners not just the unit owner in the Channel 9 story.  

There's a couple of issues that come to mind right off the bat with regards to this situation.   The number one being that this third party is maintaining meters, which are regulated in Maryland by the Department of Agriculture.  The second being that often residents of this community have been able to prove that they have paid these bills however something between the Management Company (which there is much to talk about later) and the billing company they seem to be lost.  It is this area where unit owners have been denied the right to vote on the board in election and even worse being thrown out of their homes.

CK back we'll have video up from the WSSC meeting shortly as well as updates on what is happening at Village Green Mutual Homes Inc. In Prince Georges County, MD.

The Department of Housing and Urban Affairs recently returned 750 thousand (750,0000) from a the mortgage note they where holding and the unit owners are also in the dark as to what happened to this money and no one at HUD wants to talk about it let alone the board members that received the money.

GOP Rep Apologizes For Berating Park Ranger During Shutdown: 'I Regret How I Handled That'

I'd like to believe that the effort made on the internet about his including the Change.org campaign http://ApologizeRandy.com had some kind of impact of this glaring example of #TexasDumb #apologizeRandy
Read the Article at HuffingtonPost

Prince George's County, Md. Water Emergency Alert for CIC's

If you have not already heard Prince George County Maryland is facing a water emergency.

PRINCE GEORGE'S COUNTY, Md. (WUSA9) -- We have learned mandatory water restrictions will begin at 9 p.m. Tuesday in Prince George's County areas affected by a failing water main.

Officials say a significant portion of Prince George's County will be left without water for several days. The issue is due to a 54 inch water main that is beginning to fail and must be replaced.

 Issues of concern will be updated here as this develops.

1. Fire, there are loads of issues on this alone and should be number one concern see below.
2. Cooling stations where are they and how can CIC establish them.
3. Cooking how to without water and eventual food distribution
4. Emergency Preparedness what are other issues especially with elder or disabled residents
5. Businesses what is the impact, does lack of water stop CIC’s contractors from working
6. What is the role and responsibility of Community Managers and Insurance companies. co
   
   

   
   

   1. Fire.  Hot water heaters - LIMIT USE OF THIS WATER AS DAMAGE TO THE HEATER AND POTENTIAL FIRE HAZARD EXIST. Gas or Charcoal Grills outside should not be used at all. Residents and Community Manager need to discuss a Fire Safety Plan and how to manage communications.

   
   

   
   

   This is a developing story please check back for updates as they are come in. 
   
   
   
   
   
   

West, Texas Denied FEMA Aid To Rebuild After Fertilizer Plant Explosion

West, Texas Denied FEMA Aid To Rebuild After Fertilizer Plant Explosion

The mayor of West, Tommy Muska, told the AP that the town needs to repair roads, the damaged sewer system, and a school, which will cost $57 million. The price tag for the total property damages resulting from the explosion could reach $100 million.
Meanwhile, the plant itself was only insured for $1 million worth of damages. Texas doesn’t mandate the terms for insurance companies that offer policies to fertilizer plants and therefore doesn’t require them to have insurance that would cover the potential damage they could cause

How many Common Interest Communities are under insured?   Got a clubhouse, pool, roads & sidewalks  or other such common area elements is the full replacement value included in the communities policy?  Do you even know what insurance your condo or hoa has inplace?

Hurricane Season Starts This Weekend: Are You Prepared?

Hurricane Season Starts This Weekend: Are You Prepared?

Yes it was last week however the message is still the same.

Does your Common Interest Community have an Emergency Plan?

Does your manager or Board know what your local governments Emergency Plan?

If not it's time to start thinking about one.    Don't ya think....