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July 13, 2007
"It's Just Not Fair!"
An on-line dictionary defines "victim" as "an unfortunate person who suffers from some adverse circumstance" or "a person who is tricked or swindled". Two news items recently. One, an owner wanted to install a 6' backyard fence in an HOA that had a restriction of 4'. He was turned down, but built the 6' fence anyway. Now he's being sued by the HOA and what does he say - "People work in this country to be able to live and buy their own houses and not being able to enjoy it. It's just not fair!"
In a "Letter to the Editor" of a New Jersey newspaper, a homeowner in an HOA, closed his comment with: "When people purchase or rent within an HOA, it is their responsibility to familiarize themselves with the CC&Rs. Failure to do so does not entitle them to victim status."
Yet, that is what we are seeing more and more of - people claiming to to be a "victim" of their HOA. It makes it easier to get media attention when you appear to be the underdog.
What happens, more often than not, is that the board of the association disagrees with an owner, and the owner, forgetting or ignoring the fact that he or she is supposed to follow the documents and decisions of the people they elected, somehow believes that the board has singled him out for unfair treatment. They become, in their minds, a "victim", simply because they didn't win. Its part of the current mentality that seems to reflect our culture, it has to be someone else's fault. This isn't going to change soon.
Board's are going to have be very careful in their decision-making and in the manner they carry them out. I think that an explanation of "why" is going to have to become part of their decisions and conveyance of that decision. In other words, they're going to have to go to further lengths to explain why the decision is "fair" and to remove the "victim" defense.
Posted by joewest at July 13, 2007 1:45 PM