HOA的故事2：25刀變5萬

偉大領袖毛主席教導我們說：“與天鬥，其樂無窮；與地鬥，其樂無窮；與階級敵人鬥，其樂無窮。”你別說，“鬥”這件事還真不是天朝人的專利。 隻要有政府就有反抗，在美國，最小一級的政府就是HOA，房主協會。這裏麵的鬥爭，真是五花八門。

HOA是在美國上個世紀7，8十年代以後才流行的一個協議組織。HOA是美國的一個 怪 胎。因為開發商開發小區時有一些公共設施需要大家共同的管理，所以每一個住戶購房時都會簽訂HOA的 憲 法 文件。豈不知這個文件簽完以後，每一屆的管委會都可以往裏加添他們願意加添的任何內容，結果就像天 朝 的 憲 法一樣。幾十年發展下來，美國很多有HOA就像天朝政府，不光住戶的財產權受到嚴重侵害，其他的個 人自 由，利益也受到嚴重傷害。HOA的管理人員相當於 天 朝 的 城 管，真的是可以濫權到不 可一世。這裏是一個最近的例子：

https://mfi-miami.com/2018/02/new-york-state-trooper/

Former New York State Trooper David Silva’s $25 HOA Late Fee Has Turned Into A $47,554 Foreclosure 

Former New York State Trooper David Silva didn’t believe he deserved the $25 late fee from his HOA. So he refused to pay.

Apparently, the trouble began when his condo switched property managers in June 2015.  Silva’s maintenance check for June 2015 of $282.00was allegedly never deposited. 

Silva paid the maintenance bill when he found out that August it was overdue. However, the late fee and the ones that came after it, which he refused to pay had metastasized into $50,000. The amount includes additional late fees and attorney charges for a two-day trial.

Silva told the Palm Beach Post:

I am disappointed in the judge’s decision. I believe that this case looked at with another set of eyes, would have resulted in a different decision. It is a sad day in America when the American dream becomes the American nightmare.

HOA attorney Jeannette Bellon said could not document he issued the check. The association even waived one month’s late fee. However, Silva refused to pay anything because he argued the entire matter was due to a change in property managers. Silva claims he was not notified.

Bellon argued Silva was notified multiple times:

The rules are the rules in this case. I’m a condo association owner myself. So I think people just need to be aware what their condo declaration states what the rules and regulations state and what your duties and obligations are. The defendant was a former board member. He was aware of the rules. He just decided not to follow them. At the end of the day, he never gave proof he made payment.

Retired New York State Trooper Rumbles With HOA President

Silva’s dislike for current HOA President Vic Bally only aggravated the situation as both affirmed in court. Bally once accused Silva of assault. Silva was acquited when a videotape of the incident was introduced as evidence. The two tended to videotape each other to keep a legal record of their encounters.

Silva wasn’t the only one who had trouble with Bally. The association has been through at least eight management companies in its 11 years. A few managers sent the association letters saying they were quitting because of the difficulty of working with Bally.

Palm Beach County Judge Rules Against The Retired New York State Trooper 

Silva testified that he believed he had made his June 2015 maintenance payment electronically to the management association. He went on vacation and didn’t learn until after returning that the association had changed management companies and the payment hadn’t gone through. 

Silva claimed that because the payment didn’t go through there was no record he sent it.

He made the maintenance payment in August. However, he insisted he shouldn’t be assessed late fees.

However, Judge Robert Panse ruled that the HOA  properly assessed him. He also ruled Bally hadn’t selectively enforced the rules. The judge noted that Silva previously filed and lost a case against Bally for discrimination. Silva claimed Bally was treating him unfairly because he is Hispanic.

Panse’s ruling indicated the judge didn’t understand the details of his case and misinterpreted the condo rules, Silva said.

Silva’s attorney is preparing for a rehearing before the judge that he conceded he likely would lose. Silva also plans to appeal to the circuit court. A failed appeal could raise Silva’s bill about $20,000.

The retired New York state trooper in jeopardy of losing his $340,000 townhome. The Ventura Greens at Emerald Dunes Condominium Association is now threatening him with foreclosure if he doesn’t pay the debt in full.