COMMENTARIES AND OPINIONS
 
A Word about Family and Friends | That's What I'm Talking About | And This Is, Too
 
        This page will include links to any commentaries or opinions that my legal colleagues, the HOA's counsel, or interested third parties who identify themselves want to post, whether pro or con to my position.  I really want to hear it all, whether you are with me or against me.  So long as you identify yourself to me, I will post your comments and will include only your initials, city and state.  If you want me to post your name, please specify your request for me to do so in the e-mail message you send to me.  To post any information to this page, send it to Larry Oldham by clicking the following link:  Send Information
 
December 2005
 
"This is comical. I am writing to you from Shanghai and gave me a much needed chuckle. Angie and I recently moved to a new neighborhood and drew the ire of one neighbor due to the fence material I used. I informed him his opinion would matter as soon as he began paying my mortgage...."  M. C., Dallas, Texas
 
"....Don't spend all of the firm's money trying to defend your 'character'. If this thing goes to trial, you have to tell me when it is so I can drive up to Forsyth to make sure you don't have your fly open during the proceedings."  D. T., Atlanta, Georgia
 
"You liken yourself to Rambo? Jeez, what a stretch."  P. G., Atlanta, Georgia
 
"...Having lived in a Florida condominium 20 years, I feel for you. You know what they say in Florida? The only worse thing than having a retired bird colonel on your HOA Board is having 2 retired bird colonels on your HOA Board. They vant to rule the world dahlink. My neighbors referred to ours as 'those Nazis'."  M. S., Atlanta, Georgia
 
"The neighbor's cat on Lot 523 keeps pissing on my lawn chair. Can't we spend money on something that matters and ban the damned cats?", S. T., Big Canoe, Georgia
 
"Some comments by an outsider (to the development) after reading your web site on the High Gables Development personal legal issue you're having: (i) It looks obvious to me that you violated some key provisions of their Covenant Articles by moving into the home before all of the required exterior work was completed. Do the Covenant Articles not spell out the requirements of residency? Where I've bought or built in the past, you could not occupy the home until all of the exterior work was completed, including driveway, mailbox, landscaping, etc.; (ii) Some of your comments and the Rambo analogy seem petty. Are you really a real estate lawyer? Neither your actions to date, as described in the web site, nor the web contents, appear to be professional; and (iii) You and your attitude about these issues remind me of one or two renegades that we've had to deal with in our subdivision in the past. I hope that you lose the legal fight, just as they did here. Being a real estate lawyer, if true, you should know better than anyone else how important it is for buyers in new developments to read the Covenant Articles before they choose to buy or build their home, get answers to unclear matters, and proceed only when they are comfortable with adhering to all of the requirements. Did you think of yourself as an exception to having to conform to the High Gables' Covenant Articles?"  B. T.
 
"'Where’s the love y’all?' This homeowner association [stuff] in the metro Atlanta area has gotten way out of control. I live in a neighborhood with covenants and restrictions. And let me just say that, 'yes', I chose to live in this neighborhood knowing about the restrictions and I do believe that certain rules and uniformity in a development helps to maintain property values and give the development a sense of community. Now, having said that, there seems to be a clear lack of common sense on the part of the architectural committees and homeowner association boards. In fact, I would argue that not allowing some leeway and flexibility makes a development lose character and actually reduces the value of the neighborhood. Word gets out about certain developments and their boards. Social committees and activities dissolve, people get defiant due to the unreasonableness, and the next thing you know, the community has a poor reputation. You see where I’m going with this? RESALE GOES DOWN. Certainly, Larry was planning on paving his driveway and while the gravel may have been an eyesore to some neighbors, I doubt they were unable to sell their homes because of it. For the board to turn to litigation as first resort is absolutely ridiculous. In my neighborhood, we worked with Mr. [Smith] to remove the chicken pen from his backyard. And although it took several months, the livestock have all been relocated to a kid-friendly petting zoo in South Forsyth. Mr. [Smith] volunteers at the zoo and is now one of the most active members of the community and truly a nice chap. He even gets along with his neighbor who called about the chickens, [Mr. Jones]. All I’m saying is before you tar and feather (chicken joke inserted) Larry for a few month delay in doing something the entire community knew would eventually get done, take a step back and try to decide what kind of community do you want. There is already too much animosity in the world. Maybe if we lay down our RPG’s or copy of the covenants and restrictions, and talked things out more, there would be less hatred and more love in the world. Just a thought. Happy Holidays."  J. W., Alpharetta, Georgia
 
"I enjoyed reading about the neighborhood stuff -- give'em hell, Larry!"  B. B., Atlanta, Georgia
 
January 2006
 
"I've read, with interest, your ongoing problems with the High Gables Home Owners Association. It really concerns me that a group such as High Gables HOA can create such havoc with a family's life.  As you've pointed out (and I wholeheartedly agree) restrictive/protective covenants are necessary to protect the integrity of a neighborhood.  However, I think these covenants need to be weighed in the context of ----WITHIN SOME REASONABLE BOUNDS OF COMMON SENSE!!!!  Now, where is the common sense and logic from the HOA's standpoint? I don't see any!! Your position is very well explained--you had problems---drainage, erosion etc.--that from a logical/practical standpoint needed attention before going on to matters that the HOA was more interested in.  I have to wonder where the HOA has it's most interest--in making a statement that this is us and we're going to do what we can do to show we have authority or looking out for the overall best interest of the neighborhood?  It would appear to me that the HOA has taken the stance that we have the authority and we'll show you!  Unfortunately, our entire society has taken a stance very similar to this. Look at government violating eminent domain, county gov't attempting to tear down an expensive, large home (Forsyth Co.) Look at all the other infractions/penetrations that uncaring people and entities make toward their fellow persons.  I've vented enough--I'll continue to follow your progress on this issue and respond accordingly."  J. M., Cumming, Georgia
 
"It was a very interesting case to read, particularly from an impartial perspective.  I can see where both sides are coming from.  People tend to make lots of assumptions without knowing details.  It just seems like [you] got defensive (probably the way I would) and kinda made things worse (mainly the whole mailbox issue) - [you are] a bit of a smart-ass...a catfish mailbox!!!?  Still, what a waste of everyone's time...." K. T., Atlanta, Georgia
 
"Sounds like your HOA should be working for the federal government imposing imminent domain. As to the anonymous letter writer, if the neighbors’ driveways and/or yards prove your worth to your family and friends----you might want to rethink your values as well as theirs!!!!!! And to everyone involved---keep the ridiculousness away from the kids---let’s face it, if adults had the honesty trait that kids have---just to tell it like it is, without all the b.s., the world, as well as the neighborhood, would be a much nicer place!!!!! Rules are guidelines for living in harmony, not tools to be used by power hungry people to take freedoms away from others. I admire what you are doing, Larry, and regardless of the outcome, don’t give up the right or privilege to talk about this situation, and if asked to do so, it is a sure sign someone realizes they are wrong!!!!!"  T. O., Duluth, Georgia
 
"Larry:  I am loving all of it!  I check in about 2 or 3 times a week to see the latest. I am saving it all to share with our Homeowners Assoc.  You go Man!  I look forward to seeing more!"  D. C., Dallas, Georgia
 
"I love your litigation story. It's obvious to me this was bound to happen. You always want to apply common sense. Unfortunately there are a lot of people out there who don't. Whether it's to hold on to some kind of perceived power or to avoid accepting responsibility for decisions by claiming some rule forbids an activity, it's just crazy. But rather than sucking the lifeblood out of you, argument and persuasion energize you, so you'll come out on top no matter the resolution.  Where can I get a bass mailbox?"  L. L., Seattle, Washington
 
February 2006

"Larry, please refer to my earlier note of 1-03-06. What in the world are homeowners of High Gables doing? Are they sitting on their hands hoping all this will go away? Do they hope, that by doing nothing, that all this craziness will stop? For the life of me, I can't understand why a group of homeowners will do nothing and watch their neighborhood, lose by apathy, what should be a common sense approach to solve a problem. Why aren't the homeowners pressuring the HOA to use some bounds of common sense to solve this problem. As I understand your web site you have done just about everything to get this group to meet with you. To no avail! I did some arithmetic. Based on the estimated $7000.00 that the HOA has incurred in attorney's cost, that figures out to about $46.00 for each neighbor. Not much money in this day and time. But if this stupid matter continues to escalate, it could be 10 times that amount. We then talk about more than pocket change!  By this note and hoping your neighbors are reading and paying attention, that all of them, whether for or against your position, would pressure the HOA to meet with you and resolve to get this matter settled."  J. M., Cumming, Georgia

March 2006

"Tammy and I are just reading all of the activity on your driveway. Do you need her to pay her bill faster so you can pave your driveway? I like the fish mailbox idea. If that flops, try something either in camo or NASCAR. A rebel flag may win over some people as well.  This is something that Mama P would love to get involved with. Give her a call."  D. W., Cumming, Georgia

"Dude, you don't have time for High Gables hijinxs."  K. A., Atlanta, Georgia

April 2006

"I read your web pages. This is probably the best advice you have received from anyone up to this point: You need to hire an attorney to handle this and move on!  You have obviously spent way too much of your own time and energy on something that is unproductive and not in your best interests in the long run. You have to live in this neighborhood for a long time so you might as well find a way to settle it. If you had an attorney, I’m sure that the HOA would be more inclined to settlement discussions. At this point since you have poked fun at them, you have to give them a way out that will save face."  F. T., Atlanta, Georgia

July 2005

"Someone was afraid of you, afraid for his safety? I'm laughing so hard I can't breathe!

I'm disappointed, but not surprised, that your neighbors didn't understand the relevant facts issues and supported the HOA Board. John Dean, Nixon consul and friend of Barry Goldwater, recently published a book titled "Conservatives Without Conscience." Here Dean argues that the Republican party has been hijacked, and conservatives replaced by authoritarians. These authoritarians come in two flavors, leaders and followers. The followers ignore all manner of craziness wrought on them by their leaders because they have some critical common belief with the leader. Nothing outside that common belief matters, so whatever else the leader says goes.

Because of the demographics of Georgia I'll bet you have a number of authoritarian followers in your community. The common link between the community and the HOA board is The Catfish because it is a highly visible noncompliance statement. The community ignores the twists and turns in the story that resulted in The Catfish because you are not obeying the authoritarian leaders. From the HOA perspective, the authoritarian HOA Board protects them from troublemakers like you. So while you would likely have prevailed in a court of law, the court of public opinion in your neighborhood is a different matter. Just give the neighbors some more time. Once the unpleasantness is behind you and they get to know you they will come around."  L. L, Decatur, Georgia

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