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Subject: He Is Back...Crazy Mike
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Author Messages
JohnC46
(South Carolina)

Posts:11507


07/04/2013 8:04 AM  
So Mike, how goes the battle with MA? How many cases of yours have been pitched out? I think at least 4.

MikeR15
(Massachusetts)

Posts:389


07/04/2013 8:09 AM  
Great treatment of the "crazy" HOA scam these folks can't seem to get enough of....


http://www.texashoareform.org/Documents/TheHOAGravyTrain.pdf

JonD1


Posts:0


07/04/2013 8:57 AM  
Wow Mike is on a roll.

Giving out more advice and details of the world according to Mike as if they were somehow reality.

And he has brought with him a new link to rpove all that he says is fact!
And then he once again sights the sinlge case he knows about from Va. as if that stands as proof positive all HOAS ARE EVIL.

Well yes Mike has been to court. Now hIs crusade has gone on for more than 10 years. And after making big plans to "crush" his own HOA Board, take their homes, take away their authority, and have the court strip all HOAs in the same manner. After all this mental fairy tale Mike lost his case. lOST AGAIN IN LONG LINE OF FAILURES. Mike never even got the chance to give his "speech" about his defending the Constitution, about how he was the same as those who served in periods of war just his war was with his HOA, YEAH that'S about the same right? serving in a battle zone = posting nonsense on the web. No doubt Mike has a Purple Heart or CMH IN HIS MIND!

So now Mike's NEW claim is everyone serving has a property credit card and charges gas and personal items. I do not. But everyone else has to cause Mike says so.

If the anti-HOA faction has the likes of Mike Reardon representing it well they are in deep doo-doo.

After all these years, after all these hours of posting, after all these hours appearing in court, after spending $250 on a mail order law degree (that seems to have been worth less than the $250 he paid), after heading down to Florida and buying into a second HOA, after making all these promises about how he plans to fight and win the war against the evil empire. What has Mike accomplished???? ZIPPO.

Has he cleaned out his own HOA? NO
Has he stripped anyone of any authority? NO
Has he proven a breach of contract claim? NO
Has he destroyed the HOA system? Yeah right!
Has he won the war? Only one who knows there is some war is MIKE!
Has he proven himself to be the war hero he lives to be? Just like most 7 year olds.

But here he comes with ALL the answers. All the facts. His case in Va. and his new link. Yes, sports fans follow Mike to the promised land and end up right where Mike finds himself.

LOSER. No matter how much Mike kicks and screams on his way out the door he has done NOTHING. He has won ZERO. His promises and threats have meant nothing more than the ramblings of a fool.

But I am sure like many war heros Mike is out and about today parading himself off as some sort of hero. Gee Mike what war was it you served in?
Vietnam???? Gulf War???? Iraq???? The Afgan War???? No Mike served in the HOA war of 2003-2013. Reality is this was never a war and Mike was the only one fighting.

Happy 4th to everyone. Remember those who actually made a sacrifice serving our country. And those who acted in the best interest of The United States.

Not the make believe patriots like Mike who hide behind the flag to justify their actions.

10+ years of failure does not a hero make.................

But keep mumbling and posting Mike that is all you have left!


MikeR15
(Massachusetts)

Posts:389


07/04/2013 9:05 AM  
Quite the rant there Jon.

As far as what I have accomplished personally..well the fat lady has not sung on that one yet.

But if you only read the news (do you?)

You would know what a systemic rip off HOAs are.

Nevada is undergoing one of their biggest corruption cases in their history involving...guess what....

HOAs!

So you dopes can fiddle while Rome burns, but don't expect homeowners to go along with it.
JonD1


Posts:0


07/04/2013 9:24 AM  
Posted By MikeR15 on 07/04/2013 9:05 AM
Quite the rant there Jon.

As far as what I have accomplished personally..well the fat lady has not sung on that one yet.

But if you only read the news (do you?)

You would know what a systemic rip off HOAs are.

Nevada is undergoing one of their biggest corruption cases in their history involving...guess what....

HOAs!

So you dopes can fiddle while Rome burns, but don't expect homeowners to go along with it.





Well YES Mike you filed an appeal. And what happened when you appealed the decision in your last complaint? Wasn't it denied????

The fat lady has been singing for 10+ years now Mike you just won't listen!

Why did your own lawyer remove himself from your case? Guess he knew a loser when he saw one.

All adds up to ZERO.

You are not a war hero Mike, you are not a patriot, you are not a lawyer, or legal expert, you are not a defender of the Constitution.
You have not won a thing. You have not proven anything. You have not destroyed the enemy. You have not won the battle or the war. You have done ZERO.

All the words, all the ramblings, all the time and effort have added up to one giant, enormous failure on your part.

You're a legend in your own mind Mike but only in your mind.




MikeR15
(Massachusetts)

Posts:389


07/04/2013 9:50 AM  
Jon, you really are a dope.
You have no idea what the status is on my "complaint"
It is far from dead, and the issue of "fines" is only just getting started.

But don't let the facts discourage you from posting your crap....God knows what you are doing to your own neighbors with your ignorance!
JonD1


Posts:0


07/04/2013 10:00 AM  
DOCKET ENTRIES
Entry Date Paper Entry Text
03/26/2012 #1 Entered.
03/26/2012 Notice of entry sent.
03/26/2012 #2 MOTION to waive additional filing fee, filed by Sandra Martk-Reardon, and Michael Reardon.
03/27/2012 RE#2: Allowed. The additional fee of the appellant is waived. *Notice.
04/06/2012 #3 Docketing Statement received from Sandra Martk-Reardon, Michael Reardon.^
04/09/2012 Copy of DAR application of Sandra Martk-Reardon, & Michael Reardon.
04/30/2012 #4 MOTION to extend brief & appendix due date, filed by Sandra Martk-Reardon and Michael Reardon.
04/30/2012 RE#4: Allowed to 06/04/12. Notice
05/08/2012 DAR DENIED (on 05/02/2012).
06/06/2012 #5 MOTION to file late brief & appendix, filed by Sandra Martk-Reardon, Michael Reardon.
06/06/2012 RE#5: Denied without prejudice until the appellant files the required seventh copy of the appendix volumes as only six were received by this clerk's office. The seventh set of appendices is due on or before 6/8/2012. Notice to counsel.
06/06/2012 RE#5: REVISED ACTION. Allowed this date for filing the brief of Sandra Martk-Reardon, Michael Reardon, Plaintiffs/Appellants. Notice to counsel.
06/06/2012 #6 SERVICE of 7 briefs, 7 appendices (4 vols.), and 7 transcripts (1 vol.) for Plaintiffs/Appellants Sandra Markt-Reardon & Michael Reardon.
07/06/2012 #7 SERVICE of brief for Defendant/Appellee Falmouth Airpark Homeowners Association, Inc.
07/18/2012 #8 SERVICE of reply brief for Plaintiffs/Appellants Sandra Markt-Reardon and Michael Reardon.
01/11/2013 Under consideration by Panel. (Cypher, J., Rubin, J., Wolohojian, J.).
02/27/2013 #9 Decision: Rule 1:28 Judgment affirmed. (Cypher, Rubin, Wolohojian, JJ.). *Notice.
03/12/2013 #10 PETITION for Rehearing, filed by Sandra Markt-Reardon, Michael [email protected]
03/19/2013 Copy of FAR application of Sandra Markt-Reardon, Michael Reardon.^

JonD1


Posts:0


07/04/2013 10:04 AM  
DOCKET ENTRIES
Entry Date Paper Entry Text
04/09/2012 Docket opened.
04/09/2012 #1 MOTION to file application for DAR containing argument covering thirteen pages filed for Sandra Martk-Reardon & another by Sandra Martk-Reardon, Pro Se Plaintiff/Appellant, Pro Se. *Referred to Justices.
04/09/2012 #2 DAR APPLICATION of Sandra Martk-Reardon & another filed by Sandra Martk-Reardon, Pro Se Plaintiff/Appellant, Pro Se.
04/19/2012 #3 OPPOSITION to DAR application filed for Falmouth Airpark Homeowners Association, Inc. by Michael W. Merrill, Esquire.
04/25/2012 DAR application scheduled on 05/02/2012 at 9:00 AM in Consultation Room.
05/02/2012 #4 DENIAL of DAR application.


I guess when Mike's application was denied that means HE wins????
JonD1


Posts:0


07/04/2013 10:07 AM  
DOCKET ENTRIES
Entry Date Paper Entry Text
09/25/2003 Docket opened.
09/25/2003 #1 FAR APPLICATION of Sandra Markt Reardon & another by Sandra Market Reardon and Michael Reardon, Pro Se.
10/03/2003 #2 MOTION to file opposition late (on or before 10/14/03), filed by Falmouth Airpark Homeowners Association. ALLOWED. Notice to counsel.
10/14/2003 #3 OPPOSITION to FAR application filed for Falmouth Airpark Homeowners by Michael W. Merrill, Esquire.
01/28/2004 #4 DENIAL of FAR application.


Now we go back to 2004.

Seems the HOA attorney opposed Mike's application and the court agreed.
Guess that's another win for Mike.

MikeR15
(Massachusetts)

Posts:389


07/04/2013 10:08 AM  
Yep, not resolved yet.

Here are some very good websites dealing with HOA problems.

Why don't you try educating yourself before making otherwise ignorant comments?

http://onthecommons.net/

http://www.ccfj.net/

http://privatopia.blogspot.com/

http://www.tahrc.com/?ref=SWC

Or are all of these people just "crazy" folks as well?
JonD1


Posts:0


07/04/2013 10:16 AM  

J. Gary Bennett, Esquire
Michael W. Merrill, Esquire


DOCKET ENTRIES
Entry Date Paper Entry Text
12/18/2001 #1 Entered.
01/03/2002 #2 Conference Project Participation Notice.
01/18/2002 #3 Conference Statement submitted by Appellant.
01/23/2002 #4 Case returned from Conference Project.
01/23/2002 #5 Brief & Appendix now due 03/04/2002. Notice.
02/27/2002 #6 SERVICE of brief & appendix for Plaintiffs/Appellants Sandra Markt Reardon and Michael Reardon (4 vol/2 sets appx).
03/29/2002 #7 SERVICE of brief for Defendants/Appellees.
04/11/2002 #8 Appellants' CERT. OF SERVICE: reply brief, filed by Sandra Markt Reardon & Michael Reardon.
03/18/2003 #9 Notice of 04/08/2003, 9:30 A.M. argument at Southern New England School of Law sent.
04/08/2003 Oral argument held. (B J C).
09/05/2003 #10 Decision: Rule 1:28 (B-J-C). Judgment affirmed. *Notice. (See image on file.)
09/18/2003 #11 MOTION to withdraw as counsel for Sandra Markt Reardon and Michael Reardon, filed by Michael Markoff.
09/18/2003 #12 Motion to extend time for filing/docketing of petition for rehearing, w/attach. filed by Sandra Markt Reardon and Michael Reardon.
09/25/2003 Copy of FAR application of Michael Reardon and Sandra Markt Reardon.
10/01/2003 #13 Consent to Plaintiff-Appellants' attorney's Motion to withdraw, filed by Falmouth Airpark Homeowners Association.
10/01/2003 #14 OPPOSITION to Plaintiff-Appellants' pro se petition for rehearing, filed by Falmouth Airpark Homeowners Association.
10/01/2003 #15 Notice of change of address of Attorney Michael Merrill.
10/01/2003 RE#11 Allowed. (Brown & Cypher, JJ.) *Notice.
10/01/2003 RE#12 Allowed. (Brown & Cypher, JJ.) *Notice.
10/01/2003 #16 PETITION for Rehearing, filed by Sandra Markt Reardon and Michael Reardon.
10/09/2003 Copy of P#10 sent to Attorney Michael Merrill (original copy received by Atty. was missing a page).
.
02/02/2004 FAR DENIED (on 01/28/04).
02/03/2004 RESCRIPT to Trial Court.

Now lets head back to 2003

09/18/2003 #11 MOTION to withdraw as counsel for Sandra Markt Reardon and Michael Reardon, filed by Michael Markoff.

It appears Mike's OWN lawyer withdrew from his case. Why? Did he not wish to go down with a sinking ship??? Can't be good news to most people.

But Mike soldiered on acting as his own pro se representative and filed again for a rehearing.

And the court denied that request. Case closed.

Guess that was another win

Yeah only Mike knows what really happened....................



MikeR15
(Massachusetts)

Posts:389


07/04/2013 10:28 AM  
LOL...you are a putz Jon.

How many neighbors have been subjected to your crazy, ignorant rants?

How many of your neighbors have you "gone after" for a few dollars or a blade of grass out of place.

HOA reform is designed to remove people exactly like you from having ANYTHING to do with our property.

How many people attend your rigged HOA "meetings" btw, I bet less than 10.

And I bet you don't have a clue as to why most of your neighbors would need wild horses to drag them into the same room as you and listen to your ignorant pontificating!



JonD1


Posts:0


07/04/2013 10:50 AM  
Posted By MikeR15 on 07/04/2013 10:28 AM
LOL...you are a putz Jon.

How many neighbors have been subjected to your crazy, ignorant rants?

How many of your neighbors have you "gone after" for a few dollars or a blade of grass out of place.

HOA reform is designed to remove people exactly like you from having ANYTHING to do with our property.

How many people attend your rigged HOA "meetings" btw, I bet less than 10.

And I bet you don't have a clue as to why most of your neighbors would need wild horses to drag them into the same room as you and listen to your ignorant pontificating!







So the REALITY is MIKE you have failed each and every time.

And sorry Mike it is over. You lost back in 2003-2004 and now even though you have filed an appeal my guess the HOA lawyer is waiting.

REALITY is MIKE you know nothing about the property where I live.
Now you can make up all the "facts" your little brain can muster to prove some point but just like what you claim here and all over the web none of it is based in reality.

Mike just what HOA refomr have you accomplished???? ZIPPO!!!!

10 YEARS and nothing.

Just wanted to share with the others here what really has gone on with your legal actions. And if or when you are informed your most recent appeal has been denied I'll be sure to post that too.

My guess won't be long........

Reality sort of blows your make believe world all to hell.....

But you still have the gaul to offer legal opinions to others as if you had a clue.



MelissaP1
(Alabama)

Posts:10521


07/04/2013 11:33 AM  
Did I miss the purpose of this site? NOT to discuss HOA problems and conspiracy theories but to give solid advice to those having issues with their HOA's? I mean I can talk about the problems I have with my "Big toe" all day long... Can I give advice to help others deal with their own "Big toe" to make it better? Yes I can. I'd rather talk about how to deal with and educate the decision making involved in a HOA than promote continued problems with the HOA concept.

Seriously, isn't it about time we stop ranting against our HOA and the places we live, and find solutions/advice on how to live in it better? Has a lawsuit ever done anything but damage or reward the few? Instead, hasn't education and empowering owners made positive changes to the way they live in their HOA? I feel we have done some good on this page by promoting education and avenues for solutions. More people have helped themselves or others without filing frivolous lawsuits and gotten what they wanted. Some people have even filed the proper legal paperwork that when necessary made their valid point stronger. We don't promote you sue your HOA on here, but if you do, have you understand the consequences along with the rewards for doing so.

Former HOA President
GlenL
(Ohio)

Posts:5491


07/04/2013 7:09 PM  
Melissa we would be remiss to paint ALL HOA's as sunshiny happy places just as Mike paints ALL HOA's as evil. There are problems out there mostly brought on by apathetic homeowners who don't want to know how the sausage is made. Now I personally welcome the debate but that isn't what Mike does, every post is HOA's are evil, destroy HOA's, ALL Board members are evil and steal etc., etc., etc.

Studies show that 5 out of 4 people have problems with fractions
MelissaP1
(Alabama)

Posts:10521


07/04/2013 8:41 PM  
Oh yeah HOA's are not all sunshine, rainbows, and puppies... However, if it was Mike would complain the sun has a conspiracy with the rain to make rainbows and the puppies poop in everyone's yard... He can't see the forrest for the trees...

Former HOA President
TimB4
(Virginia)

Posts:17766


07/05/2013 2:33 AM  
Hi Mike.

The case discussed in your earlier thread, as Jon pointed out and court records show, is now being considered for appeal. As I said in your initial threads, I do wish you luck in the process.

I believe that the regular posters to this forum know what you will do if you win. My question is what are your plans if you lose?

Tim
FrankS10
(Kansas)

Posts:276


07/05/2013 5:05 AM  
As you all know, I am new to this site. Like all sites I have logged onto, it is obvious after spending some time on them that there are "under-currents" present. It seems Mike and some of the 'high-count' posters have some history

I do not fall into the 'sky is always falling' class. OTH, the posters here who seem to defend just about all HOA Boards every chance they get, and always post their titles at the bottom of each thread, also cause me to at least partially discount their view.

There are some well run HOA Boards out there, no doubt. There are also enough that mirror what is going on in our nation-a lot of disagreement over major issues. Just look at the news stories posted on the home page of this site and any fair assessment would conclude there are unhappy campers living in HOAs probably in all 50 states and that many states have/are considering legal changes/restrictions into how they operate.

A well run HOA should, IMO, help protect property values. We read our documents before moving in hoping it would help protect our major investment. Poorly run HOAs with Board members who have agendas of their own cause people to move away and this drives values down and reduces satisfaction.

While at times 'political activists' have annoyed me, I recognize they do a good job many times, not all, at keeping people in check. For my money, it beats the heck out of having to resort to litigation in many situations. JMO, thanks.
MikeR15
(Massachusetts)

Posts:389


07/05/2013 5:35 AM  
Yes Frank I agree. My wife and I also read our CCRs very carefully before we bought our lot and built our home.

A new faction came to power in the HOA 6 years after we completed our home and has changed those documents 11 times, all without a single vote of homeowners (they can do this in MA as there is no law to prevent it)

They have reneged on their own ARC with us, pretend it doesn't exist and then invented the power to fine (laughably recording in their minutes a fraudulent manipulation of a ballot of homeowners to get this power)

Yes, I know I said earlier that they don't need a vote to do something like that...but they wanted to decieve homeowners into thinking that such a fundemental change to the documents and power structure and risk to homeowners came at their "request".

We went to the HOA president and said we will be put in position where our only recourse is to sue the HOA and board members.
I will never forget her response!

She literally laughed in our faces and said "sue us, we have insurance!"

So we did, rather than just get blatently cheated.

We are also suing for the court to declare that fines are unconstitutional/unlawful. It should be a bit easier given the pathetic way they aquired this power here.

Two states Supreme Courts have found that these private entities can not fine homeowners, so I am hopeful the MA follows their lead.

The fact is, what they did to us they also did to my 92 year old neighbor. And that really added fuel to the fire for me.
They went from being just unethical to downright sociopathic and I lost all respect for these carnival con men and feel strongly that I am obligated to take as much power from them as possible.
JonD1


Posts:0


07/05/2013 6:26 AM  
HOA TALK " a positive place for COMMUNITY ASSOCIATION "LEADERS" to share ideas and learn"

So YES Frank those that designed and operate this site were doing so in the hopes HOA Board members and the like us this site for positive purposes. Not to whine and complain about how their HOAs has done them wrong.

And YES when you have folks like simpleminded Mike who live 24X7 posting all over the web that each and every HOA is corrupt, violates the Constitution, and that EVERY Board member of EVERY HOA Board is a thief, liar,cheat and fraud out so screw over their own neighbors and themselves with the HOA credit cards he suggests we all have well most same people might expect some push back.

I have come to this site for about 7 years. Not once have I read where someone made the claim ALL HOAs are picture perfect. That would be ignorant to do so. But it would also be ignorant to claim the opposite as Mike does.

And Frank is it difficult to understand why the stories on the home page of this site are filed with "bad" news and conflict? It's human nature to make a stink when things aren't going the way you see fit. When things are handled properly what would the story be?
Again, if the purpose of this site was a blind support of all HOAs why would those stories be posted here? Makes no sense. I read them to learn where other properties have gone wrong not to use them as some proof of my opinion that lines up with my own HOA.


And what you clearly fail to understand or see is the "political activists" as you now call them like Mike do plenty of damage to their communities and property values not the positive aspects of "keeping people in check".

Try to sell a property with pending litigation.
Try to get financing on a property within a community facing litigation.
Add up the legal costs of lets say in Mike's case 10+ years of defending against his actions?
Consider the affect Mike's lawsuits will have on the insurance premiums of the property?

Just how does that "PROTECT" the property values within the community? It does not.


And one last point Frank when you have never sat on a Board it is impossible to understand what is required to manage the affairs of many properties. To assume you have that understanding or ability minus actual participation is IMO foolishness. So when you say you "discount" the views of the people who have actually done the job you might now be judging, sort of suggests as someone who has not served you believe you somehow know more than those who have held the position.

YES, I would like to know if those posting here have served on their Boards. Or perhaps those that come here like Mike and whine, bitch and complain might add at the bottom of their postings.

"Never held a Board position, unable to get myself elected to the Board, or to lazy to bother serving myself."

Then I might be able to discount "their" views.

What might make Mike to be viewed as the clown he is would be the fact he judges and lumps together all of the thousands of HOAs and tens of thousands of HOA Board members all into some dishonest, and despicable group. In his simple mind NO good HOAs can possibly exist. Then he comes to a site like this frequented by those who presently serve or who have served and preaches his delusional view of reality. This after losing in court each and every time. Because his $25k lawyer was outgunned and outmaned.

Sort of like blackballing the entire Catholic Church when only a few hundred or so perverts in the church molested small children and the church protected them. Did folks like MIKE then all leave the church and crusade against it???

IF you HOA is run poorly do something about it rather than reading other horror stories and concluding it's the system that is bad. And not considering the possibility that sitting back and doing nothing or at the most whining does nothing to change anything.

The world is not that black and white unless your name is Mike and you are just not that bright.







FrankS10
(Kansas)

Posts:276


07/05/2013 7:59 AM  
Jon,

Relax! Go grab a cold one!

I think you are doing the same thing you accuse Mike of. You are lumping anyone who may disagree with your positions into the same category. Re-read your words please. Stay above the fray by watching the tone, please.

FTR, I am Catholic educated from elementary through grad school, so I do see the awesome good the Catholic Church does. Nothing compares to Catholic Charities IMO. But, I don't ignore the fact that someone close to me was inappropriately treated by a priest. There is usually some truth to most stories, including Mike's most likely.

Also FTR, I have been in managerial positions where my responsibilities were much bigger than any HOA I am familiar with. Also owned a small start-up company. Maybe getting to know someone before making assumptions about them would be a good approach? Honestly, the skills required are similar to running a household. Been married 32 years and doing OK, so thanks!

I have served on many committees in my neighborhood. I do not know anyone in this community who volunteers more time/resources than I and my wife do, and most community members would say as much. I have not served on the Board as the Developers have made the statement that they would always use their votes to keep me off. No one has made more changes in how our HOA conducts its' business than I have. Not bragging, just stating fact. I have addressed many perceived conflicts of interest and just by bringing them to light, have made changes. And enemies. That's par for the course, as my corporate experience verifies. I run every election knowing I will be defeated, just to make a statement. Courage is contagious if one is willing to experience personal hardship and stay the course. I would have been elected ahead of one of the Developers in the last election if they had not used 1 vote per unsold lot to defeat me. The election results are "known" before it even occurs. I am not bitter at all. They do not see how this hurts them more than me.

The reason you see so many news stories is because Mike's assertions are at least partially correct. All organizations are going to have conflict because that is what humans do! I believe you would see more of it, but many people have learned that challenging their HOA Board might come back to haunt them.

Jon, I am sure you are an ethical individual who is taking Mike's words personally. It also looks as though you are a lawyer or have a legal back ground? I am not sure a 0-4 record for Mike means he was always wrong on the issues. Many cases get decided on technicalities. The law and ethics or what is right can be worlds apart on occasion.

We have an attorney, head legal counsel for a national organization, in our neighborhood. He is one of my biggest supporters, agrees with me 98% plus of the time. Yet, he will often say though certain positions have obvious merit, winning is a 50/50 proposition at best. You are a good guy Jon, but not all people are obviously. Mike is being flavored by his experiences, as you are, as I am. When I read what you both say I find myself agreeing and disagreeing at different times with each of your positions. Keep the name calling out of it and the rest of us will continue to learn from both of you.

Thanks.

TimB4
(Virginia)

Posts:17766


07/05/2013 8:01 AM  
Posted By FrankS10 on 07/05/2013 5:05 AM
As you all know, I am new to this site. Like all sites I have logged onto, it is obvious after spending some time on them that there are "under-currents" present. It seems Mike and some of the 'high-count' posters have some history




Click the link in my post (earlier thread) to read some of the history if you are interested.

To find other posts, simply click on "my profile" located under the search icon.
Then, within your profile, click on "view posts by user" located next to posts.
Then simply replace your name with that of any member and click the small "search" next to the name.

This will show the last 500 posts made by the member.
FrankS10
(Kansas)

Posts:276


07/05/2013 8:06 AM  
Jon & others who contend HOAs do not protect property values...Here is a sample of one of the real-estate fliers used to market our community in the past:

“Come join us and build your dream home with the peace of mind that your investment is protected
by our home association rules and regulations.”


I laugh when I read this now!
FrankS10
(Kansas)

Posts:276


07/05/2013 8:10 AM  
Thank you!
TimB4
(Virginia)

Posts:17766


07/05/2013 8:46 AM  
Posted By MikeR15 on 07/05/2013 5:35 AM

Two states Supreme Courts have found that these private entities can not fine homeowners, so I am hopeful the MA follows their lead.




I do believe that a little clarification is in order. This clarification is needed because Mike's post gives the impression that in those States where the State court ruled Associations may not "fine" that Associations may not impose monetary penalties for violations of the governing documents or adopted rules/regulations. If you have this impression, that impression is incorrect.

Since VA is one of those States, I will add clarification about the VA case.

The VA Supreme Court, in an opinion paper on Unit Owners Association of Buildamerica-1, A Condominium v. Harry F. Gillman simply said that:

"The imposition of a fine is a governmental power. The sovereign cannot be preempted of this power, and the power cannot be delegated or exercised other than in accordance with the provisions of the Constitutions of the United States and of Virginia. Neither can a fine be imposed disguised as an assessment."

This opinion DID NOT prevent instituting monetary penalties for infractions. The Association's simply couldn't use the word "fine" anymore and most adopted the word "charge" or "charges."

Additionally, the VA legislature amended it's laws to allow charges for infractions of the governing documents providing the CC&Rs grant such action. That same law does allow Association's to charge monetary penalties for infractions of the common areas. See VA § 55-513 for HOAs and VA § 55-79.80:2 for Condominiums.

Of course, all of this is mute if you don't own property within an HOA in VA.


For those who may be unaware, the Blue text indicates a link to those documents.

Tim


JonD1


Posts:0


07/05/2013 2:33 PM  
Posted By FrankS10 on 07/05/2013 8:06 AM
Jon & others who contend HOAs do not protect property values...Here is a sample of one of the real-estate fliers used to market our community in the past:

“Come join us and build your dream home with the peace of mind that your investment is protected
by our home association rules and regulations.”


I laugh when I read this now!





Frank I would love for you to show me where I said HOAs don't protect property values.

Please.
JonD1


Posts:0


07/05/2013 3:47 PM  
Posted By FrankS10 on 07/05/2013 7:59 AM
Jon,

Relax! Go grab a cold one!

I think you are doing the same thing you accuse Mike of. You are lumping anyone who may disagree with your positions into the same category. Re-read your words please. Stay above the fray by watching the tone, please.

FTR, I am Catholic educated from elementary through grad school, so I do see the awesome good the Catholic Church does. Nothing compares to Catholic Charities IMO. But, I don't ignore the fact that someone close to me was inappropriately treated by a priest. There is usually some truth to most stories, including Mike's most likely.

Also FTR, I have been in managerial positions where my responsibilities were much bigger than any HOA I am familiar with. Also owned a small start-up company. Maybe getting to know someone before making assumptions about them would be a good approach? Honestly, the skills required are similar to running a household. Been married 32 years and doing OK, so thanks!

I have served on many committees in my neighborhood. I do not know anyone in this community who volunteers more time/resources than I and my wife do, and most community members would say as much. I have not served on the Board as the Developers have made the statement that they would always use their votes to keep me off. No one has made more changes in how our HOA conducts its' business than I have. Not bragging, just stating fact. I have addressed many perceived conflicts of interest and just by bringing them to light, have made changes. And enemies. That's par for the course, as my corporate experience verifies. I run every election knowing I will be defeated, just to make a statement. Courage is contagious if one is willing to experience personal hardship and stay the course. I would have been elected ahead of one of the Developers in the last election if they had not used 1 vote per unsold lot to defeat me. The election results are "known" before it even occurs. I am not bitter at all. They do not see how this hurts them more than me.

The reason you see so many news stories is because Mike's assertions are at least partially correct. All organizations are going to have conflict because that is what humans do! I believe you would see more of it, but many people have learned that challenging their HOA Board might come back to haunt them.

Jon, I am sure you are an ethical individual who is taking Mike's words personally. It also looks as though you are a lawyer or have a legal back ground? I am not sure a 0-4 record for Mike means he was always wrong on the issues. Many cases get decided on technicalities. The law and ethics or what is right can be worlds apart on occasion.

We have an attorney, head legal counsel for a national organization, in our neighborhood. He is one of my biggest supporters, agrees with me 98% plus of the time. Yet, he will often say though certain positions have obvious merit, winning is a 50/50 proposition at best. You are a good guy Jon, but not all people are obviously. Mike is being flavored by his experiences, as you are, as I am. When I read what you both say I find myself agreeing and disagreeing at different times with each of your positions. Keep the name calling out of it and the rest of us will continue to learn from both of you.

Thanks.






Frank I would suggest you take Tim's advice and do a search for the posts made by Mike. Then do a search for mike reardon in regards to HOAs I will let Mike words speak for him. If you read what he has posted and still believe he provides some degree of "political activism" that somehow benefits his community then we simply disagree.

Evidently you missed my point about the church. Did you, as Mike would, go on to attack every faction of the church in response to the behavior a one group of mental defectives? Did you, as Mike has, now claim every priest and member of the church was a child molester? Would you call for the destruction of the CC?
How about taking people's homes?
How about beating them with a bat?
How about comparing them to Nazis?

Did you do any of that Frank? Well Mike did.

So before you compare my words and actions with that of Mike be careful and take the time to understand the entire picture since Mike arrived here.

And as far as tone, some people need to be told straight out, and I am more than willing to do that. Whether Mike or anyone else likes that or not really does not concern me.

You see I don't like frauds, liars, or people who twist the truth to serve their agenda. Mike makes claims about what he has done in his community and in his legal actions and the truth in 10 years NOTHING!

The he makes claims about laws in other states and we have Tim come here and offer to clarify what actually happened not Mike's version.

Now as to your next point. Or suggestion I get to know folks. I could pull mine out and we can see whose is in fact bigger. But what does that prove?
I too owned my own business. I too held positions that required alot. And I have served on a Board for 26 years. So let me offer my opinion IF you have NEVER held a Board position it is foolishness to suggest or believe one can step in and handle the job because at one point you worked as a business manager. Over the years I have had, lawyers, teachers, insurance executives, business owners, managers at major corporations, people with BAs, people with Masters degrees, not one walked in sat down and was able to hit the ground running as if they were there all along. Like any other job there is in fact a learning curve. After 26 years I still learn almost every day. Simply not possible to understand or judge what is required without actually holding that job. Now if you intend to merely occupy a seat YES then working for Mickey Ds qualifies you. But if you actually plan to do the job in some sort of manner worthy of your reputation than IMO it takes sitting in the seat before you can judge what that position requires. Your statement about comapring it to "running a household" to be honest Frank I don't even know how to respond other than you have no idea. And to be honest its insulting.

Frank, Mike's assertions are that EVERY HOA is bad. His assertions are that EVERY HOA Board member has a credit card from the property and steals money. His assertions are the government and courts will change things in his favor. His assertions are that a majority of the HOA property owners feel negative against their HOAs. Where is the truth in any of that?

Frank, seems to me you are hell bent on giving Mike the benefit of the doubt.
As if he has something, anything positive to offer. I could not disagree more.
Again, I would suggest you take the time to read his posts over time. Tim was nice enough to explain how this might be done. Now as I have said I have been through 4 lawsuits. I know the cost and damage done to the property by people just like Mike. The windbags who are still working on their GEDs, who paid for an on-line legal course, who show total disregard for the cost this brings to their own communities, who sight the Constitution as their support, who have been unable to secure support in their own communities, whose lawyers have dropped their cause, who have claimed to be the victim of the big bad HOA. I've seen this all. Mike is the same as these folks here just with a different name.And oh by the way the property won all 4. Despite the fact we violated Constitutional Rights up the ying yang, abused the elderly on a regular basis,
breached contracts, fined the hell out of whoever we felt like, stole more money than we needed, and abused little puppy dogs.

Perhaps, until you have sat on a Board and heard and lived through the negative affects lawsuits like Mike has brought against his property you can't understand the damage he has caused. I have sen it first hand.

So if you wish to sell Mike and his behavior as GOOD well I'm not buying that story. Try selling that to someone else.

IMO Mike is a clown. He has proven that to me. How you see him or deal with him does not matter to me.

Go read Mike's posts. If you still see Mike in a positive light that's your opinion.





MikeR15
(Massachusetts)

Posts:389


07/05/2013 5:56 PM  
Our dispute with our HOA is simple.

In 1993 we built our home exactly as we were required to build it, per a signed ARC contract (it cost us $200 for this privledge)

When a different faction took control of the HOA, they did not just repudiate our ARC, they borrowed a page from Orwell's 1984 and they memory holed it. They have been conducting themselves as if this ARC (the single most important agreement we will ever make with the HOA) has never existed at all.

They did this to several homeowners, including a 92 year old man.

Their lawyer could care less about the law, contracts, agreements whatever. His job is to enforce the will of the board....period. This is a pathetic and unacceptable waste of homeowner funds.

This is also unethical and corrupt and an all too typical complaint of folks who live in these places.

Solution?

We need to strip virtually every power the HOA now has.

Let the Executive power stay with the BOD...provided homeowners see EVERYTHING they do.

Let any rule making, CCR changing...in short any Legislative power belong only to the homeowners.

Let any fine or punitive power reside only with the courts. An impartial tribunal sanctioned by the State and subject to the transparancy and oversight the courts are subjected to by law..

This would solve virtualy all of the problems we read about ad-nausuem regarding HOAs today..

But no.

This is absolutely unacceptable to the unqualified amatuer volunteers who now weild power far above their ability.

Egged on by the "service providers" who profit from the current pathology.

Realtors are being told by more and more prospective homeowners NO HOA!

Does the current pathology "protect our property values"

Now that is something that makes me laugh
DavidW5
(North Carolina)

Posts:565


07/05/2013 6:34 PM  
Mike,

Yep, your screwed. You live in a lousy HOA and there's nothing you can do to change it. We get it. That does not mean that every HOA is like yours and, thank goodness, not all HOA members are like you. I, for one, will not be visiting this thread again and I advise others here - DON'T FEED THE TROLL!
TimB4
(Virginia)

Posts:17766


07/05/2013 6:42 PM  
Mike,

You have never answered my question.

What are your plans if you lose your appeal?


Will you become involved and correct things from within?
Will you continue your practice of non-involvement?
Will you attempt another legal action?
Will you draft a bill for your local legislature?
Will you sell at any price and move?


Again, I sincerely wish you luck in your case.


Tim
MikeR15
(Massachusetts)

Posts:389


07/06/2013 1:53 PM  
If we "lose" the appeal we have to build some giant garage attached to our just fine 24'24' garage.

This is no big deal, and that has never been the issue with me.

The issue is that the current faction of HOA board members is trying to pretend that our ARC approval (Contract) given to us by a different faction in control of the HOA board doesn't exist.

It is almost comical.

My wife has advised me to just do what the board wants....no courts no drama ect. just build the stupid thing.

But I firmly believe that I must "get involved" and slap this repugnant thing down that is ruining our otherwise great community by cheating its members and blowing off contracts they should be held to(we are not the only ones cheated).

The HOA board should concern itself with cutting the grass, collecting assesments paying the bills.
It is obvious to me that any power beyond this serves no purpose other than putting money into the "service providers" pockets

That this dispute has been allowed to go this far just boggles the mind. And our HOA lawyer, who I PAY FOR with MY assessments is such an unethical slimeball.....but I must say I almost admire the sleazy way he argues the Association case.

Which always completely neglects to mention the ARC approval we paid for and relied upon when we built our home in the first place.

I admit I have a great intellectual curiosity as to how the courts will rule on this!

Do HOAs get to blow off contracts when the bloom is off the rose?

I will soon find out!



JonD1


Posts:0


07/06/2013 2:44 PM  
Posted By MikeR15 on 07/06/2013 1:53 PM
If we "lose" the appeal we have to build some giant garage attached to our just fine 24'24' garage.

This is no big deal, and that has never been the issue with me.

The issue is that the current faction of HOA board members is trying to pretend that our ARC approval (Contract) given to us by a different faction in control of the HOA board doesn't exist.

It is almost comical.

My wife has advised me to just do what the board wants....no courts no drama ect. just build the stupid thing.

But I firmly believe that I must "get involved" and slap this repugnant thing down that is ruining our otherwise great community by cheating its members and blowing off contracts they should be held to(we are not the only ones cheated).

The HOA board should concern itself with cutting the grass, collecting assesments paying the bills.
It is obvious to me that any power beyond this serves no purpose other than putting money into the "service providers" pockets

That this dispute has been allowed to go this far just boggles the mind. And our HOA lawyer, who I PAY FOR with MY assessments is such an unethical slimeball.....but I must say I almost admire the sleazy way he argues the Association case.

Which always completely neglects to mention the ARC approval we paid for and relied upon when we built our home in the first place.

I admit I have a great intellectual curiosity as to how the courts will rule on this!

Do HOAs get to blow off contracts when the bloom is off the rose?

I will soon find out!








Sounds like Captain Mike is beginning resign himself to the strong possibility things just might not go HIS way.

$40,000 and 10+ years down the drain. And the fat lady was singing all that time.

Hours and hours of posting his promises, threats, plans to destroy not only his HOA, but all those in Ma. would be stripped of their ability to issue fines just like in Va. which in fact did not happen.

Yes, he was going to take the Board member's homes. Give them the slap down they deserved.
Just like the other heroes through history who did battle with evil. Just in this case Mike might not prevail.

And the masses of home owners Mike claimed to represent would rise up, all chanting his name as their savior and "right fighter".


And seems Mrs. Mike suggested all along to simply do what the Board required. My guess back in 2004 Mike's lawyer who resigned from his case gave him the same advice. But Mike had a plan. And in his mind he convinced himself he could do better in court that a legal professional. That relying on the words and claims of zealots on internet websites was all the information he would need to prevail.

We heard all the anti-HOA buzz words from Mike over and over again.

quasi governments
tin hat tyrants
Nazis
protecting our Constitutional Rights
breach of contract
thieves, liars, power hungry, abusers
HOAs have done NOTHING positive ever

And in the end in the real world NONE of this nonsense seems to have mattered. Simple fact seems to be Mike did not have a case or you was unable to represent himself in an effective manner. I know for sure Mike has been told several times that was a BIG mistake. But Mike's arrogance and know it all attitude prevented him from admitting he was going far down the wrong road.


"And our HOA lawyer, who I PAY FOR with MY assessments is such an unethical slimeball.....but I must say I almost admire the sleazy way he argues the Association case."

And before closing the door behind on his way out, Mike has to voice one last insult to the law firm that ate his lunch for the past 10 years. Now they would have to be slimeballs and sleazy to beat Captain Mike. I would love to hear what the lawyers opinion of Mike is.

My guess Mike's word COMICAL might come up.

Now I remember this question coming up some time ago when some of us predicted the outcome of this matter. Tim has again raised it here. What would Mike do if and when he loses this stage of the fight?

10 years, $40,000, countless hours, countless wasted days fighting a battle that in the end he was never going to win. All the promises, guarantees, predicting the future about how all this anti-HOA effort was going to come to fruition. All those hours searching the internet for like minded folks who pat each other on the back and encouraging the fight to go on when they themselves have won little if anything.

What a waste........what a shame for the community.

Time to put down your sword Mike, time to consider the possibility of defeat. Time to let this go if that is even possible.

Life is just to short to find enemies in the homes around you when in fact they don't exist.
Dwell the next 10 years on what's good in your life not the battles that need to be fought against monsters of your imagination.


You win some you lose some might be the case you were wrong on this one and lost....










TimB4
(Virginia)

Posts:17766


07/06/2013 5:17 PM  
Mike,

I do understand fighting for principal.
Thank you for sharing.

Again, I wish you luck.

Tim
MikeR15
(Massachusetts)

Posts:389


07/06/2013 5:31 PM  
Well it has become a little more than just "principle"

I am trying to strip from HOAs in my state the ability to fine.

Now THAT.....well I am smiling just thinking about what that would mean to the ethic-less clowns who profit from that repulsive business now!

Future plans?

Well I ain't too happy about a few guys in my community changing the governing documents on a whim.

Every state I am aware of (that actually has HOA law that is) requires a super majority of homeowners to accomplish this.
-
How hard would it be to get this to happen?

I mean, is my home an open cookie jar for the slimeballs that seem to burst from the woodwork in these places?
JonD1


Posts:0


07/06/2013 10:41 PM  
Posted By MikeR15 on 07/06/2013 5:31 PM
Well it has become a little more than just "principle"

I am trying to strip from HOAs in my state the ability to fine.

Now THAT.....well I am smiling just thinking about what that would mean to the ethic-less clowns who profit from that repulsive business now!

Future plans?

Well I ain't too happy about a few guys in my community changing the governing documents on a whim.

Every state I am aware of (that actually has HOA law that is) requires a super majority of homeowners to accomplish this.
-
How hard would it be to get this to happen?

I mean, is my home an open cookie jar for the slimeballs that seem to burst from the woodwork in these places?





Sounds like Mike has his next crusade all lined up.

Another 10 years down the drain....

Trying to strip the ability to fine. Guess Mike never bothered to read Tim's explanation of what actually took place in Va. versus the false claims Mike has been pushing.

So make sure you cite that Va. law in your filing Mike should go just about the same as your last complaints.
MikeR15
(Massachusetts)

Posts:389


07/07/2013 4:07 AM  
Jeez Jon,

Nasty personal attacks seem to be your default response.

Are you the President of your HOA?

Is that how you conduct your board meetings?

And you claim you have no idea why normal homeowners don't come near the vile things?

Or do you?

Pretty convenient way to avoid those "disgruntled" homeowners who want to know where their money is going isn't it....

And laughably...the CAI is getting laws passed to allow you to keep stuffing OUR money in their pockets,

even when homeowners avoid like the plague those insane antics called HOA meetings.

SteveM9
(Massachusetts)

Posts:3615


07/07/2013 6:08 AM  
Welcome back crazy mike.

People like mike serve a purpose. Whenever I go to a town meeting, or hoa meeting, there is always someone like crazy mike who are willing to voice concerns that no one else will talk about. If he thinks the president is stealing money, he will just say it during the meeting. No filter. I agree with this method of civil disobedience. It causes people to change their behavior and causes other people to take notice.

Is it annoying? Sure.
Does it work? Sure.
JonD1


Posts:0


07/07/2013 7:58 AM  
Posted By SteveM9 on 07/07/2013 6:08 AM
Welcome back crazy mike.

People like mike serve a purpose. Whenever I go to a town meeting, or hoa meeting, there is always someone like crazy mike who are willing to voice concerns that no one else will talk about. If he thinks the president is stealing money, he will just say it during the meeting. No filter. I agree with this method of civil disobedience. It causes people to change their behavior and causes other people to take notice.

Is it annoying? Sure.
Does it work? Sure.






Well in Mike's case he believes every Board member in every HOA is a thief, liar, power hungry
thug.

So do you agree with that assessment Steve?

And what behavior has this changed thus far in Mike's case?

So for you if you attack every member of any Board that method
WORKS?

I see it differently. I see Mike as a wind bag. Who after 10 years of suing his own HOA has so far lost at every stage. His breach of contract claim lost. And now it seems his last hope is some attempt to prevent HOAs from issuing fines. He sees this as a GOOD thing.

People like Mike do serve a purpose. He clearly demonstrates just how far into the ditch some folks thought process can travel. Just how far from reality some folks can find themselves. Just how far some folks can pursue an agenda while losing every step of the way. Just how some folks are willing to cause harm to their own communities in the name of being right. Just how some folks assume their position is correct despite overwhelming evidence to the contrary. How some folks just can't admit when they themselves have been "slapped down" to use a Mike term.

When the only person agreeing with you is YOU there just might be a problem.

SteveM9
(Massachusetts)

Posts:3615


07/07/2013 11:38 AM  
When the only person agreeing with you is YOU there just might be a problem.


You wouldn't make fun of someone with no legs trying to climb stairs. You shouldn't make fun of him either. Mike's disability is hidden. A form of mental illness. As you get older, it may hit you too.
JonD1


Posts:0


07/07/2013 1:54 PM  
Posted By SteveM9 on 07/07/2013 11:38 AM
When the only person agreeing with you is YOU there just might be a problem.


You wouldn't make fun of someone with no legs trying to climb stairs. You shouldn't make fun of him either. Mike's disability is hidden. A form of mental illness. As you get older, it may hit you too.





Mike's from of mental dysfunction does not only come with age. My guess Mike has had this all his life.

When your wife suggests to give up the crusade Mike continues on.

When your lawyer removes himself from your case Mike continues on.

When you go to court once and fail Mike continues on.

When you head to court for the second time and drop $40,000 Mike continues on.

When the court rules against you for the 4th time Mike files another appeal.

When it becomes clear to everyone else the battle has been lost Mike continues to fight.

Mike is unable to even consider he just might not be as smart as he tells himself he is.

That is delusional. And certainly a form of mental dysfunction. Doing the same thing over and over again the same way and expecting different results. That's insanity.

What has Mike done form the last 10 years???? What is Mike continuing to do even today?

Mike has just one tool in his tool box. He lacks any ability to review and judge the path he has put himself on and consider the possibility of success or failure.

He has NO ability to switch gears or change course.

Steady as she goes till the ship sinks or the meltdown comes.

Looking back at some point and seeing that infact you have been wrong almost all the time is difficult for most impossible for some.

Mike has issues. What happens in his HOA should not be life or death. To Mike it has become WHO he is and how he sees himself.

In the end that picture won't be so pretty.

Spent 10 years proving a point that meant in the end nothing. Time in your life well spent.



FrankS10
(Kansas)

Posts:276


07/07/2013 2:23 PM  
Jon,

No need to compare resumes. I always assume I'm the lesser. But, it does not take a lot of unique skills to perform in an HOA Board capacity, at least IMO. I see everyday average folk do it quite well!

Tim did provide a good suggestion and I appreciate that. I just like to give folks the benefit of the doubt by watching how they conduct themselves in discussions I was involved with. No matter what names he is called, I still agree and disagree with some of his points just as with you and all others. If that makes me a terrible person to you, so be it.

I was at our farm the last 3 days. Took a friend, an attorney, and his 10 year old boy up to enjoy a little nature. We had a great chat last evening about HOAs and this site. (He does some legal work for his HOA.) I think I'll create an HOA for our farm and file the paperwork with the state so Robin and I can set all the rules that we will agree with. I'll also rotate the Board president position with her so I can have better credibility with some of you

Just kidding. Honestly, HOAs are like any other governing entity IMO. They typically do provide valuable services but we should always keep a watchful eye. I hope that is fair and balanced!

Thanks.
TimB4
(Virginia)

Posts:17766


07/07/2013 3:41 PM  
Posted By FrankS10 on 07/07/2013 2:23 PM

Honestly, HOAs are like any other governing entity IMO. They typically do provide valuable services but we should always keep a watchful eye. I hope that is fair and balanced!




I concur!
JonD1


Posts:0


07/07/2013 3:42 PM  
Posted By FrankS10 on 07/07/2013 2:23 PM
Jon,

No need to compare resumes. I always assume I'm the lesser. But, it does not take a lot of unique skills to perform in an HOA Board capacity, at least IMO. I see everyday average folk do it quite well!

Tim did provide a good suggestion and I appreciate that. I just like to give folks the benefit of the doubt by watching how they conduct themselves in discussions I was involved with. No matter what names he is called, I still agree and disagree with some of his points just as with you and all others. If that makes me a terrible person to you, so be it.

I was at our farm the last 3 days. Took a friend, an attorney, and his 10 year old boy up to enjoy a little nature. We had a great chat last evening about HOAs and this site. (He does some legal work for his HOA.) I think I'll create an HOA for our farm and file the paperwork with the state so Robin and I can set all the rules that we will agree with. I'll also rotate the Board president position with her so I can have better credibility with some of you

Just kidding. Honestly, HOAs are like any other governing entity IMO. They typically do provide valuable services but we should always keep a watchful eye. I hope that is fair and balanced!

Thanks.




Like any job Frank you could seat a chimp and then claim they were doing the job. Is that in fact the case? When I discuss serving on an HOA Board for reference I mean someone doing the job in a competent manner. I have folks that serve on our Board that simply occupy a seat one time per month. I never said there were unique skills required. What I said was there is a learning curve that no other history prepares you for. Including running a household as you suggested.

As President I deal with issues involving insurance, legal, audits, contracts, maintenance,
fire inspections, CCRs, By-Laws, Rules and Regulations, landscaping, CDs, bank accounts, reserve accounts, violations, pool, property sales, monthly meetings insurance claims, elections, criminal court appearances, snowplowing, garbage removal, water and sewer etc. I have developed working relationships with out attorney, the local courts, local politicians, service providers, police, residents, real estate agents,neighbors,contractors, insurance agent, utility people, Village water and sewer staff, town staff, county office staff, health department staff, and I won't bother to list the 15 of so service providers I have come to know and deal with on a first name basis regularly.

We have over 100 units located on 16 acres with a total property value of $16-$19 million.
I have lived here almost 30 years and served on this Board for 26 of those years.

So IMO your assertion that someone running a household, or average folk might just step in and carry on seems to be rooted in the fact you yourself never actually sat in that role.
I would hope if you ever did you would require more of yourself than taking up a seat.

And what you might consider a good job some might simply see that as doing what is required and no more.

I suggest you pick up a copy of Dr. Phil's new book life codes. Reading it now. Seems in the Dr.'s opinion "giving people the benefit of the doubt" is an old an outdated way of handling things. I'm working on changing that in my life.

As to my interaction with Mike again unless you have read the complete history of what Mike has posted impossible for you to judge or render an opinion on how or why this tone now exists between the two of us. And if you have never sat on a Board defending a nonsense lawsuit and fully under the consequences to the property, cost, and damages it does my guess Mike antics don't mean all that much to you. You can agree with whomever you wish. Doesn't directly affect me nor does it concern me in any way.

IMO Mike is a fool you might conclude he is the smartest guy you have ever known when it comes to HOAs. Myself Mike has nothing to offer me. Mike IS the problem not any part of the solution. IMO.


JonD1


Posts:0


07/07/2013 3:42 PM  
Posted By FrankS10 on 07/07/2013 2:23 PM
Jon,

No need to compare resumes. I always assume I'm the lesser. But, it does not take a lot of unique skills to perform in an HOA Board capacity, at least IMO. I see everyday average folk do it quite well!

Tim did provide a good suggestion and I appreciate that. I just like to give folks the benefit of the doubt by watching how they conduct themselves in discussions I was involved with. No matter what names he is called, I still agree and disagree with some of his points just as with you and all others. If that makes me a terrible person to you, so be it.

I was at our farm the last 3 days. Took a friend, an attorney, and his 10 year old boy up to enjoy a little nature. We had a great chat last evening about HOAs and this site. (He does some legal work for his HOA.) I think I'll create an HOA for our farm and file the paperwork with the state so Robin and I can set all the rules that we will agree with. I'll also rotate the Board president position with her so I can have better credibility with some of you

Just kidding. Honestly, HOAs are like any other governing entity IMO. They typically do provide valuable services but we should always keep a watchful eye. I hope that is fair and balanced!

Thanks.




Like any job Frank you could seat a chimp and then claim they were doing the job. Is that in fact the case? When I discuss serving on an HOA Board for reference I mean someone doing the job in a competent manner. I have folks that serve on our Board that simply occupy a seat one time per month. I never said there were unique skills required. What I said was there is a learning curve that no other history prepares you for. Including running a household as you suggested.

As President I deal with issues involving insurance, legal, audits, contracts, maintenance,
fire inspections, CCRs, By-Laws, Rules and Regulations, landscaping, CDs, bank accounts, reserve accounts, violations, pool, property sales, monthly meetings insurance claims, elections, criminal court appearances, snowplowing, garbage removal, water and sewer etc. I have developed working relationships with out attorney, the local courts, local politicians, service providers, police, residents, real estate agents,neighbors,contractors, insurance agent, utility people, Village water and sewer staff, town staff, county office staff, health department staff, and I won't bother to list the 15 of so service providers I have come to know and deal with on a first name basis regularly.

We have over 100 units located on 16 acres with a total property value of $16-$19 million.
I have lived here almost 30 years and served on this Board for 26 of those years.

So IMO your assertion that someone running a household, or average folk might just step in and carry on seems to be rooted in the fact you yourself never actually sat in that role.
I would hope if you ever did you would require more of yourself than taking up a seat.

And what you might consider a good job some might simply see that as doing what is required and no more.

I suggest you pick up a copy of Dr. Phil's new book life codes. Reading it now. Seems in the Dr.'s opinion "giving people the benefit of the doubt" is an old an outdated way of handling things. I'm working on changing that in my life.

As to my interaction with Mike again unless you have read the complete history of what Mike has posted impossible for you to judge or render an opinion on how or why this tone now exists between the two of us. And if you have never sat on a Board defending a nonsense lawsuit and fully under the consequences to the property, cost, and damages it does my guess Mike antics don't mean all that much to you. You can agree with whomever you wish. Doesn't directly affect me nor does it concern me in any way.

IMO Mike is a fool you might conclude he is the smartest guy you have ever known when it comes to HOAs. Myself Mike has nothing to offer me. Mike IS the problem not any part of the solution. IMO.


FrankS10
(Kansas)

Posts:276


07/07/2013 4:15 PM  
Jon,

I am sure you are as unimpressed with me as I am you. You never seem to pass on a chance to point out the obvious about someone, yet construct long winded messages (Pot calling the kettle black with this post, eh?) to convince us (yourself?) how you are the better person.

Everything you have pointed out that you have participated in as a Board member, I have done the same in one capacity or another. I bet the majority of people on this site probably have as well. If that list was intended to impress me, it didn't.

With regards to Phil's book, I think there are better passages in the Bible as to how we should treat each other. I failed miserably with this post. Phil would tell you that is all too human of a characteristic of mine I don't need a self-help guru to point out the obvious.

Please remember, this is KS where maybe there are fewer codes, regulations etc. and being a Board member here doesn't mean you have to be politically connected to the Governor! When others post it is variables like that which I consider as I reflect on the merits of their words/experiences to the situations before our HOA.

Be the bigger man with Mike. If you disagree with his words, talk about that and not him as an individual. I bet Dr. Phil would agree with me on that

Thanks.
JonD1


Posts:0


07/07/2013 5:02 PM  
Posted By FrankS10 on 07/07/2013 4:15 PM
Jon,

I am sure you are as unimpressed with me as I am you. You never seem to pass on a chance to point out the obvious about someone, yet construct long winded messages (Pot calling the kettle black with this post, eh?) to convince us (yourself?) how you are the better person.

Everything you have pointed out that you have participated in as a Board member, I have done the same in one capacity or another. I bet the majority of people on this site probably have as well. If that list was intended to impress me, it didn't.

With regards to Phil's book, I think there are better passages in the Bible as to how we should treat each other. I failed miserably with this post. Phil would tell you that is all too human of a characteristic of mine I don't need a self-help guru to point out the obvious.

Please remember, this is KS where maybe there are fewer codes, regulations etc. and being a Board member here doesn't mean you have to be politically connected to the Governor! When others post it is variables like that which I consider as I reflect on the merits of their words/experiences to the situations before our HOA.

Be the bigger man with Mike. If you disagree with his words, talk about that and not him as an individual. I bet Dr. Phil would agree with me on that

Thanks.





Obviously Frank nothing I say might give you pause with your beliefs. You have the rare ability to judge what is required in any position without ever holding that position.

Good for you.

And lets not go down the road to religion I am quite sure our opinions just might differ there too.

Please remember there are in fact 50 states Kansas being one of them along with 10's of thousands of HOAs and general assumptions like those you seem to hold MIGHT apply to the uncomplicated HOAs in your area they might not apply to those located in some other areas. Probably just an oversight.

But with you having handled everything already I am sure someone like you might fill in anywhere without so much as a burp. In any capacity. Very rare indeed.

Mike is a whole chapter in Dr. Phil's new book. But no doubt you have that covered already.

After all what is it you might not know? Or learn from a self help guru??




MikeR15
(Massachusetts)

Posts:389


07/07/2013 6:57 PM  
My what laughable nonsense.

HOAs are like any other governance?

Really?

With no election laws, open meeting laws, chain of custody of ballots, Pravda like control over their "newsletters"

Conspiracy (see Nevada) Corruption and theft routinely in the news.....

Did you guys grow up in the Soviet Union? Do you even know what REAL democracy is? (see Federalist 10)

HOA governance today, is almost identical to every tin pot, third world banana republic.

Worse it is a scam that benefits the "service providers" to these things, funneling our savings and equity directly into

their pockets.



TimB4
(Virginia)

Posts:17766


07/08/2013 6:51 AM  
Posted By MikeR15 on 07/07/2013 6:57 PM
My what laughable nonsense.

HOAs are like any other governance?

Really?

With no election laws, open meeting laws, chain of custody of ballots, Pravda like control over their "newsletters"




Mike,

We know that this is true for your State.

This is not true for all States.

It's this painting of every Association with the same brush that get's the ire of people. Granted we can only base what we say on our own experiences. However, you have stated that you owned property in Florida as well as MA. Therefore, you know that laws vary from State to State.


MikeR15
(Massachusetts)

Posts:389


07/09/2013 3:33 AM  
True Tim,

But almost every state, regardless of their law, has little to no enforcement mechanism accompanying the law.

Call the AG or District Attorney, complain about a blatant violation of the law, and he will tell you to pony up 10's of thousands to a lawyer for a "civil" suit to do anything about it.

Sometimes it is worth it, and the HOA loses and goes bankrupt…(see Farrans case in Virginia)

Really? Is that an acceptable state of affairs?

Why not just call law enforcement and have them handle the problem?

Why?

Because the HOA lawyer will get cut out of the deal!

And he could care less if the HOA goes bankrupt…that is another several years of lucrative litigation!

MikeR15
(Massachusetts)

Posts:389


07/09/2013 3:45 AM  
And are you guys kidding.

I get ripped off to the tune of 6 figures because my HOA is pretending my contract (ARC) doesn't exist?

And my response of loudly speaking up about it is a "form of mental illness"?

Wow!

You guys are amazing!
MikeR15
(Massachusetts)

Posts:389


07/09/2013 3:45 AM  
I would be mentally ill not to go after these slimeballs!
TimB4
(Virginia)

Posts:17766


07/09/2013 5:57 AM  
Posted By MikeR15 on 07/09/2013 3:33 AM
True Tim,

But almost every state, regardless of their law, has little to no enforcement mechanism accompanying the law.




That is because the applicable laws are civil in nature. As has been explained by many on this site, civil laws are handled between the parties involved or through the courts.


Posted By MikeR15 on 07/09/2013 3:33 AM

Sometimes it is worth it, and the HOA loses and goes bankrupt…(see Farrans case in Virginia)




That case has already been discussed in one of your first threads.

In fact, the Farrans themselves said that issues should be resolved within the Association whenever possible.

Posted By MikeR15 on 07/09/2013 3:33 AM

Really? Is that an acceptable state of affairs?




Is what an acceptable state of affairs?

Posted By MikeR15 on 07/09/2013 3:33 AM

Why not just call law enforcement and have them handle the problem?

Why?

Because the HOA lawyer will get cut out of the deal!




No. The police aren't involved because it's a civil matter and not a criminal matter.
If you do call the police, they will tell you this.
JonD1


Posts:0


07/09/2013 6:25 AM  
Posted By TimB4 on 07/09/2013 5:57 AM
Posted By MikeR15 on 07/09/2013 3:33 AM
True Tim,

But almost every state, regardless of their law, has little to no enforcement mechanism accompanying the law.




That is because the applicable laws are civil in nature. As has been explained by many on this site, civil laws are handled between the parties involved or through the courts.


Posted By MikeR15 on 07/09/2013 3:33 AM

Sometimes it is worth it, and the HOA loses and goes bankrupt…(see Farrans case in Virginia)




That case has already been discussed in one of your first threads.

In fact, the Farrans themselves said that issues should be resolved within the Association whenever possible.

Posted By MikeR15 on 07/09/2013 3:33 AM

Really? Is that an acceptable state of affairs?




Is what an acceptable state of affairs?

Posted By MikeR15 on 07/09/2013 3:33 AM

Why not just call law enforcement and have them handle the problem?

Why?

Because the HOA lawyer will get cut out of the deal!




No. The police aren't involved because it's a civil matter and not a criminal matter.
If you do call the police, they will tell you this.





Tim:

You have the patience of a saint.

Do you think Mike has the ability to process any of the information you provided?

In one post his legal journey cost him "less than a day of skiing" then in another post he has been screwed for "six figures" which is it?

Then he goes on a rant about how HIS HOA screwed over his neighbors and now how he fights for them. Then in the article he appeaered in for This Old House he states, he can't stand to see his neighbors. Again, whcih is it.

Early on Mike told us this was NOT about getting justice for his neighbors it was about him getting HIS!

You see Mike can tell the differecne between what he thinks is right and what IS. To him the criminal courts should be handling civil matters.
Not the way the sytem works but in Mike's system why not.

Yes the one case he cites in Va. as you explained nothing took place as Mike represents it but then one you have just one case to lean on you have to make it the end all be all.

Now Mike suggests he has no intention of moving for the sake of "principle" but in the This Old House article Mike was looking to move. Which is it?

So Tim while I value your explanations and response to Mike's "truths" the only posiive hing IMO that might occur is for others to see Mike for the out of touch zealo that he is. IMO there is not once chance in hell Mike could ever absorb your offer of reality and common sense explanations. Mike is to far gone round the bend for that.....
SharonH9


Posts:0


07/09/2013 7:47 AM  
JonD1

Please, please give it up. We get it. You don't agree with Mike and you think he has a mental illness. If you truly believe he has a mental illness, let it go. Is it really worth your time to continue to write lengthy responses to Mike? We know how you feel and we know how Mike feels. Maybe you two should exchange e-mail addresses so you two can have your debate outside this forum.

It's more than time to move away from this topic. Thanks.

Sharon
MikeR15
(Massachusetts)

Posts:389


07/09/2013 9:01 AM  
Sharon,

I just skip his contributions anymore, they are not lucid.

But neither is this attitude of pretending every thing is honky dory in HOAs.

It clearly is not (just pick up a newspaper)

Why not get a body of consumer protection law that puts the homeowner in the drivers seat and makes HOAs

more accountable and transparent?

What is everyone so afraid of?

Is it really "good" to have such an unpredictable and dangerous relationship with your HOA, with "enforcement police", often

Private contractors cruising the neighborhood "looking" for violations (which I am sure they get paid for by volume)?

Accompanied by fines that can be extracted by the forfeiture of someone’s home?

Isn't that crap something you would see in North Korea?
SharonH9


Posts:0


07/09/2013 10:31 AM  
Posted By MikeR15 on 07/09/2013 9:01 AM
Sharon,



Why not get a body of consumer protection law that puts the homeowner in the drivers seat and makes HOAs

more accountable and transparent?

What is everyone so afraid of?

Private contractors cruising the neighborhood "looking" for violations (which I am sure they get paid for by volume)?

Accompanied by fines that can be extracted by the forfeiture of someone’s home?






I'm totally with you Mike on consumer protection laws trying to make HOA's more accountable and transparent and I absolutely hate any type of fine structure.

Some of us have had and continue to have bad experiences with our HOA's and as Jon will tell you it took him 14 years to get the zipper heads off his HOA board. His method worked for him but unfortunately most people are not that patient and are not willing to subject themselves to violence and property damage.

It certainly is a challenge. I waffle from approaching my issues with my HOA full speed ahead and be in the board's face but I'm not willing to devote that much time, emotion, or money to get the "zipper heads" off my board. But I do continue to keep the Iowa Attorney General and my state legislature on the HOA radar. Iowa has some of the weakest HOA laws in the country.

With that being said, some of us live in places where common elements must be maintained. I believe there are some HOA's who do what is proper and have the best interests of the members in their hearts and minds. When it comes to safety and common elements, HOA's are necessary.

Sharon

MikeR15
(Massachusetts)

Posts:389


07/09/2013 11:29 AM  

Yes I totally agree. I live on a private airport, so you can imagine the degree of care that must be taken by the community to keep us all safe.

I had no problem accepting the HOA scheme (not a bad word) to make this happen.

When the developer ran the place, it was like heaven on earth. We were fortunate that he was a really rich guy who's business was running a really huge infrastructure construction firm (they were contractors on the Tappen Zee bridge over the Hudson River in NY)

This subdivision was a flea on the behind of their businesss.

They ran the place with a very light hand, never got in anyones face and it was terrific.

Then....

They sailed off into the sunset, like all developers do and handed the place off to the residents.

I saw the change immediately.

The people who just “had” to have power got all worked up over the possibility of someone putting his car on blocks or something, as if any of the folks in this place would do that.

They needed more and more power to make the trains run on time, and of course did all of the unethical things necessary to make this happen.

Typical ends justifies the means stuff.

I won't rehash my particular dispute with them, but they also went after several vulnerable old folks as well.

My antipathy for them is for that, but also ultimately for destroying the sense of community we had before someone was elevated in power over his neighbor (why is it always the worst of us that wants that?).

I used to hang around the airport shack, telling lies with the guys and just hangar flying. Some of the old guys that came around had flown in the war (the big one) over Germany and I could listen to that stuff all day long.

I distinctly remember one of the HOA pubas dissing some old guy, probably because he was not the center of attention.

All that good stuff stopped, at least for me. As the abuse to my neighbors became more pronounced I found myself not wanting to be in the same room as those jerks.

So…..I believe if there were laws that shut those guys down, severely limited the mayhem they could cause, and rendered them as just the good volunteers who maintain the airport and common areas, it would be a step in the right direction.

I would certainly step up and help out.

But I will not play thug to my neighbor, and I have no use for those that actually thrive on it. I really physically can not stand to be around them.

And I believe this corrosive and cumulative effect on community happens in EVERY single HOA today.
MikeR15
(Massachusetts)

Posts:389


07/09/2013 11:29 AM  

Yes I totally agree. I live on a private airport, so you can imagine the degree of care that must be taken by the community to keep us all safe.

I had no problem accepting the HOA scheme (not a bad word) to make this happen.

When the developer ran the place, it was like heaven on earth. We were fortunate that he was a really rich guy who's business was running a really huge infrastructure construction firm (they were contractors on the Tappen Zee bridge over the Hudson River in NY)

This subdivision was a flea on the behind of their businesss.

They ran the place with a very light hand, never got in anyones face and it was terrific.

Then....

They sailed off into the sunset, like all developers do and handed the place off to the residents.

I saw the change immediately.

The people who just “had” to have power got all worked up over the possibility of someone putting his car on blocks or something, as if any of the folks in this place would do that.

They needed more and more power to make the trains run on time, and of course did all of the unethical things necessary to make this happen.

Typical ends justifies the means stuff.

I won't rehash my particular dispute with them, but they also went after several vulnerable old folks as well.

My antipathy for them is for that, but also ultimately for destroying the sense of community we had before someone was elevated in power over his neighbor (why is it always the worst of us that wants that?).

I used to hang around the airport shack, telling lies with the guys and just hangar flying. Some of the old guys that came around had flown in the war (the big one) over Germany and I could listen to that stuff all day long.

I distinctly remember one of the HOA pubas dissing some old guy, probably because he was not the center of attention.

All that good stuff stopped, at least for me. As the abuse to my neighbors became more pronounced I found myself not wanting to be in the same room as those jerks.

So…..I believe if there were laws that shut those guys down, severely limited the mayhem they could cause, and rendered them as just the good volunteers who maintain the airport and common areas, it would be a step in the right direction.

I would certainly step up and help out.

But I will not play thug to my neighbor, and I have no use for those that actually thrive on it. I really physically can not stand to be around them.

And I believe this corrosive and cumulative effect on community happens in EVERY single HOA today.
ValerieS2
(Michigan)

Posts:244


07/11/2013 11:39 AM  
Posted By SteveM9 on 07/07/2013 6:08 AM
Welcome back crazy mike.

People like mike serve a purpose. Whenever I go to a town meeting, or hoa meeting, there is always someone like crazy mike who are willing to voice concerns that no one else will talk about. If he thinks the president is stealing money, he will just say it during the meeting. No filter. I agree with this method of civil disobedience. It causes people to change their behavior and causes other people to take notice.

Is it annoying? Sure.
Does it work? Sure.




I like this!
MikeR15
(Massachusetts)

Posts:389


07/11/2013 4:12 PM  
Yea, Steve is just amazing.

I wonder who Steve is here in MA

There are some wicked (MA term) slimey attorneys representing Condos here in MA ( my humble opinion)....I wonder if he knows them?

Here is a GREAT example of their work.

Warren Clarendon Condominium v. Jose Coto

The condo, represented by these peaches...went after Mr. Coto for...

Feeding the birds...

Wait it gets better!

He was feeding the birds OFF condominium property!

They got the lower court to order the SALE of Mr Coto's home to pay the $60,000 dollars in fines....yes I said $60,000!

For feeding the birds on a public street.

Then...one of the best lawfirms in Boston took the case pro bono and crushed these guys like a bug. I think some junior associate just out of law school "schooled them"


Who paid the bills for this incredibly stupid lawsuit?

Why the condo owners of course.

And who got paid win lose or draw for the same assinine lawsuit?

Why the slimeball attorneys who egged those morons on.






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