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VIOLENCE IN ASSOCIATIONS?
NOT AS UNCOMMON AS YOU MAY THINK!
By
Jan Bergemann
Published
September 28, 2012
Shootings
over association disputes? It happens and surely makes the
headlines in the media.
In
all the published cases about shootings in associations owners
felt threatened by actions of the board or were even evicted
from their homes.
In
Chicago
a condo owner shot and killed a board member and seriously
wounded another, after being evicted from his home following a
year-long dispute over association issues.
A
homeowner in
Arizona
lost his home to foreclosure over landscaping issues. He
returned for the next board meeting with guns blazing, shot two
board members dead and seriously wounded three other board
members before being restrained by members of the audience. The
shooter now sits on death-row.
Just
recently a homeowner in
Louisville
shot and killed a board member and seriously wounded another one
over a driveway dispute at a homeowners’ association meeting.
These
are the drastic cases – and we can only be happy that so far
nothing like this has happened in
Florida
. But considering the ever-growing very emotional disputes –
and families losing their homes – it may just be a matter of
time.
We
have heard many cases where arguments at board meetings ended in
fist fights. We even had reports about arrests. Shouting and
name-calling are even more common – and seem to happen all the
time at many association meetings. I have seen many videos and
heard many tapings of board meetings where the actions of board
members and owners were anything but civilized.
As
much as I can understand emotions boiling over, violence has
never solved any problems.
One
of the main reasons why owners are getting so frustrated that
they turn to violence is the fact that local and state
governments generally offer little or no help to the board
members and/or owners.
"They
just say, 'Have an election, pick some directors and then you
guys do it. And oh, by the way, the legislature just drafted
another 25 laws you're supposed to obey.' And nobody teaches
them how to do it," Professor Evan McKenzie said in a
recent interview.
Many
owners still feel that “My home is my castle” – and they
don’t like the interference of board members and managers in
their homes. Owners feel threatened in their rights and I often
hear from owners: “As long as I pay the mortgage for this
property, I make the decisions. If they want to decide what I
can – and can not – do on my property they should as well
pay the mortgage!”
Owners,
who have nowhere to turn to but expensive attorneys they can’t
afford are getting desperate, causing in the end reactions as
described above.
In
my opinion, our government should do what it is supposed to do:
Enforce the laws – instead of creating more and more laws that
are difficult – or impossible -- to enforce.
Violence
is most often created by total frustration – and the
frustration is caused by the fact that the government allowed
the creation of these community associations, but takes a
“hands-off” approach at regulating these associations.
The
more desperate people get, often caused by the fact that they
have nowhere to turn to, the more desperate the measures.
In
other words, we really shouldn’t be too amazed when we read
headlines in the media telling us of fights and shootings in
community associations. The system set up by our government
fails to protect the owners living in these communities – and
causes in the end the violence we are reading about!
Changes to this system are desperately needed – if we don’t
want to see even more violence!
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