CIHC newsletter Winter 2016

by the CIHC, Common Interest Homeowners Coalition

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Let’s join together as a powerful VOICE for DEMOCRACY in our CICs to make a difference!

Winter 2016.

PAGE 1: Leg update &

message from Pres.

PAGE 2: HOA “Humor”

& Inspiring Quotes!

PAGE 3: CIC related

Bills, 2016-2017

PAGE 4-7: Donors &

“May vs Must” & legal

info

PAGE 8: Mediation

PAGE 9 – 11: BE

courageous!

2-16: Part 2

“HOA syndrome”

Page 17: Spotlight &

Notices

Page 18: support CIHC

form

HOW to CONTACT the

CIHC: Call Ellen

Vastola (Current

President) at 732-873-

3446, prefer mornings

after 9 am, til 9pm.

Editor: Ellen Vastola

CIHC website: c-ihc.org

2016: Message from the CIHC President, Ellen Vastola;

Happy New Year 2016! WOW! Here is another jam packed newsletter for you.

WOW, what about the SNOW? Hope you were safe and warm. Previous

newsletters are available on the CIHC website: c-ihc.org

I just had an idea. Since the CIHC changed its structure to Board driven,

we no longer have periodic “membership” meetings. (The CIHC represents

ALL owners in NJs CICs. Membership is NOT required.) I would like to get

your thoughts on creating community, town, county, legislative district or

regional meetings with the express purpose of our readers/supporters

meeting with each other. This would be a great way to share your learnings

and support each other. My vision is that this would be positive and not just

a “venting/bitch” session.

What do you think? Please email me with your thoughts: put “CIHC” in the subject

line. Who wants to organize a meeting in their area? Let me know!

*** NJ LEGISLATURE UPDATE! ***

Welcome to the NEW legislative session 2016-2017!

The last legislative session ended December 2015. All the Bills related

to CIC issues that did NOT get passed into law are now dead.

The CIHC was supporting the passing of A469 into law. While it

passed in the Assembly, it did not pass in the Senate. So, now we

start over!

Remember, the old A469 addressed the inequity in some NJ CIC

communities where NOT every owner was accorded “membership” in

that community with all the rights and priviledges that correspond to

membership status. How can that be allowed to continue? Tell your

Legislators that in principle this is outrageous AND is against the basic

rights of every American citizen. We cannot tolerate this

disenfranchisement of CIC owners any longer!

“No taxation without representation!” Sound familiar?! The United

States declared their independence from England on THIS principle!


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Quotes Corner!

The “Independent Voice of NJ CIC Owners” welcomes your ORIGINAL newsletter

articles, ideas, cartoons, or postings (to set up local/regional meetings, gatherings,

protests, etc, to share experiences in person, etc). The newsletter Editor reserves the right to use,

edit or refuse a submission. Please send your original submissions to the Editor and put “CIHC newsletter

idea” in the subject line; otherwise it will be deleted sight unseen. This newsletter is for YOU.

CIHC “HOA HUMOR”


Courage is what it takes to stand up and speak;

Courage is also what it takes to sit down and listen.

Winston Churchill

Courage is being scared to death... and saddling up anyway.

John Wayne


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Legislation Watch for NJ’s CIC/CIRA owners - 2016:

NJ Assembly:

A 358 – Sean Kean; Prohibits “conflict of interests” by governing board members or management

employees of homeowners' associations.

A 400 – Daniel Benson; Makes homeowners' association in which developer's control of executive

board has not been surrendered a public body under "Senator Byron M. Baer Open Public Meetings

Act.

A 2009 – Gerry Green; Permits master deed of condominium to reflect proportional common and

limited common elements interests of each owner as fractions. (last session was A 454)

A 2027 – Gerry Green; Concerns membership and management of homeowners associations. (last

session was A 469)

A 2260 – Vincent Prieto; The "Owners' Rights and Obligations in Shared Ownership Communities

Act. (last session was A 1251)

NJ Senate:

S 357 – Tom Kean; Requires certain common interest community associations to publish certain

information; requires that homeowners' association contracts for management and maintenance

include 24-hour emergency services.

S 863 - Brian Stack; Revises time period at which unit owners assume control of homeowners'

associations.

Site to track CIC Bills: http://www.njleg.state.nj.us/bills/BillsBySubject.asp

INTERESTING new Bills . . . under “Ethics-local” . . . . A 569 & S84 “Requires all elected or appointed

local government officers to receive ethics training.” Editor: Hmmmm, since NJ’s CICs are considered

“quasi-governmental” the idea of required State training by “elected/appointed” officials is VERY

INTERESTING! The CIHC in principle supports the TRAINING of our CIC Board members by the

State or other impartial and qualified entity. Read the Bills for yourself. What do you think? Talk to

YOUR Legislator!

DISCLAIMER: The CIHC newsletter is written by and for NON-attorneys. We do NOT

and cannot practice law or give legal advice. We DO provide information to aid CIC

owners when they have questions or issues in their communities. We can and do

support New Jersey’s CIC owners and Boards for a democratic experience and

enhanced quality of life, for all, in said communities.

http://www.njleg.state.nj.us/bills/BillsBySubject.asp


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Interesting information . . . go to http://www.abajournal.com/magazine/article/may_vs_must/ This article from the American Bar Association talks about when and how an attorney can disclose unlawful activities.

May vs. Must POSTED NOV 29, 2005 08:22 AM CST

BY KATHLEEN MAHER, Esq., with the ABA Center for Professional Responsibility. Finding the exact boundaries of the ethical obligation to report wrongdoing by others can be a great source of turmoil. What often makes the decision difficult is that a lawyer must reconcile the obligation to report wrongdoing with duties to preserve client confidences As a result, the ethics rules don’t always offer complete guidance to a lawyer trying to decide whether to report wrongdoing by a client, another lawyer or a judge, or even someone not involved in a case. While the rules generally permit lawyers to report wrongdoing, they don’t always require it. The Ethics 2000 Commission sorted through this dilemma during its comprehensive review of the ABA Model Rules of Professional Conduct. Model Rule 1.6 (Confidentiality of Information) as revised by the House of Delegates in 2003 permits a lawyer to reveal information regarding client misconduct “to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the lawyer’s services.” The lawyer may also reveal information to “prevent, mitigate or rectify” that injury. (Rule 1.2 prohibits a lawyer from counseling or assisting the client in conduct the lawyer knows is criminal or fraudulent.) Other rules do require a lawyer to disclose actual or prospective client wrongdoing in certain circumstances. Rule 4.1 (Truthfulness in Statements to Others) requires a lawyer to disclose material facts to avoid assisting a client’s crime or fraud, unless that data is confidential. And Rule 3.3 (Candor Toward the Tribunal) requires a lawyer representing a client in an adjudicative proceeding who “knows that a person intends to engage in, is engaging in or has engaged in criminal or fraudulent conduct related to the proceeding” to “take reasonable remedial measures, including, if necessary, disclosure to the tribunal.”

The CIHC would like to acknowledge our DONORs

in 2015-16. Thank you for your support!

http://www.abajournal.com/magazine/article/may_vs_must/


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Model Rule 8.3 (Reporting Professional Misconduct) directs a lawyer who knows that another lawyer or a judge has engaged in misconduct raising a “substantial question” about honesty or fitness to inform an “appropriate authority,” unless the information is confidential. . . .

So it’s important for a lawyer to consider whether “dropping a dime” on someone he or she does not represent might still land with a thud on a client.

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New Jersey Bar DISTRICT ETHICS SECRETARIES By Supreme Court rule, ethics grievances must be filed in the district where the attorney maintains an office for practice. There are 17 district ethics secretaries. Those involved in the attorney disciplinary system appreciate your interest. They seek fair, impartial, and vigorous enforcement of the Rules of Professional Conduct in the interests of the public, clients, and the legal profession.

DISTRICT ETHICS COMMITTEE SECRETARY

District I -

Atlantic, Cape May, Cumberland and Salem

Counties

Jacqueline Hawkins Stiles, Esq.,

Secretary

P.O. Box 835

Northfield, NJ 08255

(609) 677-0269

District IIA -

Bergen County - North

District IIB -

Bergen County - South

Nina C. Remson, Secretary

1 Bergen Plaza, 3rd Floor

Hackensack, NJ 07601

(201) 336-6981

District IIIA -

Ocean County

Steven Secare, Esq., Secretary

SECARE & HENSEL

16 Madison Avenue

Toms River, NJ 08753

(732) 349-2800

District IIIB

Burlington County

Cynthia S. Earl, Esq., Secretary

114 Mill Street

Moorestown, NJ 08057

(856) 642-9224

District IV -

Camden and Gloucester Counties

John M. Palm, Esq., Secretary

Law Office of John M. Palm LLC

Highridge Commons, Suite 101

200 Haddonfield-Berlin Road

Gibbsboro, NJ 08026

(856) 783-5463

District VA -

Essex County - Newark

Natalie S. Watson, Esq., Secretary

Four Gateway Center

100 Mulberry Street, 11th Floor

Newark, New Jersey 07102

973-639-8466


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District VB -

Essex County - Suburban Essex

Paula I. Getty, Esq., Secretary

PO Box 715

West Caldwell, New Jersey 07007-0715

(973) 226-6406

District VC -

Essex County - West Essex

Jay M. Silberner, Esq., Secretary

Levitt & Cerciello, Esqs.

75 Main Street, Suite 201

PO Box 486

Millburn, New Jersey 07041

(973) 218-6447

District VI -

Hudson County

Jack Jay Wind, Esq., Secretary

MARGULIES WIND

Harborside Financial Center, Plaza 10

3 Second Street, Suite 1201

Jersey City, NJ 07311-3988

(201) 333-0400

District VII -

Mercer County

David A. Clark, Esq., Secretary

Gluck Walrath, LLP

428 River View Plaza

Trenton, NJ 08611

(609) 647-2376

District VIII -

Middlesex County

William B. Ziff, Esq., Acting Secretary

Office of Attorney Ethics

P.O. Box 963

Trenton, New Jersey 08625

(609) 530-2116

District IX -

Monmouth County

Joseph M. Casello, Esq ., Secretary

COLLINS, VELLA & CASELLO, LLC

2317 Highway 34, Suite 1A

Manasquan, NJ 08736

(732) 751-9097

District XA -

East Morris and Sussex Counties

District XB –

West Morris and Sussex Counties

Caroline Record, Esq., Secretary

HILL WALLACK, LLP

60 Washington Street, Suite 105G

Courthouse Plaza

Morristown, New Jersey 07960

(973) 267-2328

District XI -

Passaic County

Michael J. Pasquale, Esq.

Secretary

146 Rea Avenue

Hawthorne, NJ 07506

(973) 423-5127


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District XII -

Union County

Michael F. Brandman, Esq., Secretary

District XII Ethics Committee

WEILER & BRANDMAN

123 North Union Avenue, Suite 103

Cranford, New Jersey 07016

908-272-9255

District XIII -

Hunterdon, Somerset and Warren Counties

Donna P. Legband, Esq., Secretary

ALTMAN & LEGBAND

37 Tamarack Circle

Skillman, NJ 08558

(908) 218-9779

District XIV -



Mountain View Office Park

840 Bear Tavern Road

P.O. Box 963

Trenton, New Jersey 08625

(609) 530-4008

Interesting information . . . Pro Bono attorneys in NJ:

From: http://www.judiciary.state.nj.us/probono/

Pro bono cases: In Madden v. Delran, 126 N.J. 591 (1992), the Supreme Court reaffirmed the bar’s duty to represent indigent defendants without pay where the Legislature has made no provision for the Public Defender to represent defendants who are entitled to counsel. Attorneys are assigned pro bono cases through the Administrative Office of the Court’s pro bono computer system, which maintains an alphabetical list of attorneys eligible for pro bono assignment for each county. “Pro bono work is vital to our court system. One of the most cherished protections citizens have is the constitutional right to be represented by counsel.” - Chief Justice Stuart Rabner Other pro bono service Attorneys who certify that they have performed at least 25 hours of voluntary qualifying pro bono service in New Jersey are exempt from being appointed to take a Madden v. Delran pro bono case for the following year. Rule 1:21-12. ----------------------------------------------------------------------------------------------------------------------------------- The above may help some of you when you need an attorney and have very limited funds. Editor.

http://www.judiciary.state.nj.us/probono/


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Civil Mediation Resources From: https://www.judiciary.state.nj.us/civil/medipol.htm For questions or inquiries contact Taironda E. Phoenix, Esq., Chief, Civil Court Programs or Nanette L. Lind, Administrative Specialist 4 at (609) 292-8471 or e-mail questions to: CivilWebSites Mailbox/AOC/Courts

Mediation is a dispute resolution process in which an impartial third party - the mediator -

facilitates negotiations among the parties to help them reach a mutually acceptable settlement. The major distinction between mediation and arbitration is that, unlike an arbitrator, a mediator does not make a decision about the outcome of the case. The parties, with the assistance of their attorneys, work toward a solution with which they are comfortable. The purpose of mediation is not to decide who is right or wrong. Rather, its goal is to give the parties the opportunity to: (1) express feelings and diffuse anger, (2) clear up misunderstandings, (3) determine underlying interests or concerns, (4) find areas of agreement, and, ultimately, (5) incorporate these areas into solutions devised by the parties themselves. Court Rule 1:40-4 & 6 govern the mediation program for Civil, General Equity and Probate Cases. Under Rule. 1:40-6, the court can refer any civil case to mediation at no charge for two hours. New York Times Article to read about arbitration: http://www.msn.com/en-us/money/markets/in-arbitration-a-%E2%80%98privatization-of-the-justice-system%E2%80%99/ar-BBmGXAt?li=AAa0dzB&ocid=mailsignout

Editor: When you are looking for a pro bono attorney, think about what “demographic group” that describes you that will fit “their” criteria. Are you: elderly, a woman, disabled, have children, having a housing issue, health issue, limited income, individual rights, real estate? Each county has their criteria. Check it out Link for each NJ County’s Pro Bono organizations. See if they will help you! http://apps.americanbar.org/legalservices/probono/directory/newjersey.html

https://www.judiciary.state.nj.us/civil/medipol.htm

http://www.msn.com/en-us/money/markets/in-arbitration-a-%E2%80%98privatization-of-the-justice-system%E2%80%99/ar-BBmGXAt?li=AAa0dzB&ocid=mailsignout



http://apps.americanbar.org/legalservices/probono/directory/newjersey.html


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“The more people FEAR, the more they tolerate.” Jack McCoy (character), Law & Order (TV series)

How to overcome FEAR when you challenge the “powers that be” in your Common Interest Community. Below from http://michaelhyatt.com/why-courage-requires-fear.html

Michael Hyatt has said, “Courage is the willingness to act in spite of your fear.” As he points out in his article, courage and fear have a connection, which lays the foundation for what I want to say in this post. “Courage is not the absence of fear but rather requires fear.” There is no need to be courageous if you aren’t afraid of something. Luckily, we’re afraid of plenty of things throughout the course of our day and lives. We wouldn’t be human if we weren’t. Courage Cannot Be Separated From Action Without fear, we can’t have courage. We cannot act courageous in any situation unless we have something to protect, something to honor, something to prove, or something to commit to. Fear is a call to action and that action should be courageous. But let’s keep in mind that there needs to be a healthy level of fear. “All things in moderation” is a saying I try to apply to most areas of my life. Don’t let fear take over and cause inaction. That would be cowardly. Be courageous today. Look fear in the eye and shoot it down. Don’t let it take over. Don’t let it win. As leaders of our homes, businesses, churches, workplaces, etc., we need to understand how

important it is to have courage. We were made to be courageous!


http://michaelhyatt.com/why-courage-requires-fear.html


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You NEED to be COURAGEOUS to “fight” your

CIC Board. Do YOU have the mental strength to

do this?

Psychotherapist Amy Morin, the author of "13 Things Mentally Strong People Don't Do". Morin shared the following 21 signs you're mentally stronger than average, which we've listed here in her words:

1. You balance emotions with logic. Mentally strong people understand how their emotions can influence their thinking. In an effort to make the best decisions possible, they balance their emotions with logic.

2. You choose productive behavior. While it may be tempting to make excuses, complain about other people, and avoid difficult circumstances, mentally strong people refuse to waste time on unproductive activities

3. You feel confident in your ability to adapt to change. Mentally strong people know that although change is uncomfortable, it's tolerable. They focus their energy on adapting to change, rather than resisting it.

4. You face the fears that hold you back. While mentally strong people don't need to conquer fears because they have something to prove to others, they do strive to face the fears that hold them back.

5. You learn from your mistakes. Mentally strong people don't hide or excuse their mistakes. Instead, they learn from them.

6. You balance self-acceptance with self-improvement. Mentally strong people accept themselves for who they are, while simultaneously recognizing their need for personal development.

7. You genuinely celebrate other people's success. Mentally strong people cooperate — rather than compete — with those around them. They don't feel as though other people's success somehow diminishes their own achievements.

8. You are comfortable living according to your values. Mentally strong people make decisions with relative ease because they understand their priorities and they live according to their values.

9. You focus on sharpening your skills, rather than showing them off. While some people seek validation from others, mentally strong people are less concerned about gaining recognition. Instead, they're intrinsically motivated to become better.

10. You live an authentic life. Mentally strong people are true to themselves. Their words are in line with their behavior. (more . . . . )


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11. You view life's hardships as opportunities for growth. While hardship causes some people to grow bitter, mentally strong people let adversity make them better.

12. Your self-worth depends on who you are, not what you achieve. Mentally strong people feel good about themselves, whether they win or lose.

13. You practice delayed gratification. Mentally strong people view their goals as a marathon, not a sprint. They're willing to tolerate short-term pain when it can provide long-term gain.

14. You bounce back from failure. Mentally strong people don't view failure as the end of the road. Instead, they use their failed attempts as opportunities to gain knowledge that will increase their chances of success in the future.

15. You're a realistic optimist. Mentally strong people are able to look for the silver lining and think on the bright side, but they don't allow their optimistic tendencies to blind them to reality.

16. You accept personal responsibility for your choices. Mentally strong people don't needlessly beat themselves up, but they do accept complete responsibility for their actions.

17. You express gratitude. Rather than exclaim they need more, mentally strong people acknowledge they have more than they need.

18. You focus on what you can control. Mentally strong people are effective and productive in life because they devote their resources to the things they can control.

19. You engage in active problem-solving. Mentally strong people don't dwell on the problem — instead, they create solutions.

20. You're open to learning more from all that surrounds you. Mentally strong people are constantly learning from their circumstances and the people they encounter every day.

21. You work on your weaknesses, rather than masking them. While many people work hard to disguise their vulnerabilities, mentally strong people invest their energy into improving their shortcomings.

From: http://www.msn.com/en-us/health/wellness/21-signs-youre-mentally-stronger-than-average/ar-AAejOo0?ocid=mailsignout#page=1

Editor: WOW – that was interesting. Do you see any, some, most or ALL of these traits in yourself?

If not, try cultivating some or all of them so you are better prepared to “take the risk” of speaking up and out to your CIC Board. Preparation can give you the mental strength and courage you need.

http://www.msn.com/en-us/health/wellness/21-signs-youre-mentally-stronger-than-average/ar-AAejOo0?ocid=mailsignout#page=1

http://www.msn.com/en-us/health/wellness/21-signs-youre-mentally-stronger-than-average/ar-AAejOo0?ocid=mailsignout#page=1


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PART 2 of “HOA Syndrome”, by Dr. Gary Solomon.

Terms and Concepts

From a psychiatric point of view, how is HOA Syndrome manifested? Because this is a newly identified psychiatric disorder it is important for the reader to capture an understanding of some terminology used in this research article.

Barbed Wire Sickness – An overwhelming sense of futility and meaninglessness of existence; involuntary confinement; sadness; depression.

Conspiracy – An agreement between two or more parties to deprive a third party–or group–of their legal rights with the goal of deceiving them in order to obtain an illegal objective.

Capo (Kap-O) – A position of authority occupied by a fellow homeowner–an HOA board member. Capos–concentration prisoners themselves– who for extra food, better housing and less manual work would carry out and commit horrible atrocities against their fellow inmates at the instructions of their immediate Nazi SS supervisors, also known in German as a Blockführer. They more often than not treated other inmates–homeowners–with extreme harshness, brutality and cruelty.

CC&Rs – Covenants, Conditions and Restrictions (CC&Rs) applied to homeowners who live in areas that have a homeowner’s association (HOA). CC&Rs set forth particular rules that must be followed by the purchaser. Failure to comply with the CC&Rs can result in warnings, fines and legal action against the homeowner. An agreement to purchase in an HOA community is assessed as an agreement to follow all CC&Rs and give up individual rights.

Ghetto – Urban area, in this case, defined as an HOA community because of social, legal or economic pressure exerted on members of the community by the HOA board and management companies.

Elder Abuse – A single or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust which causes harm or distress to an older person(s). Also referred to as: "elder mistreatment," "senior abuse," "abuse in later life," "abuse of older adults," "abuse of older women," and "abuse of older men."

Hospice Neighborhood – Neighborhoods where elderly people reside. As is often the case one partner dies before the other, leaving them to fend for themselves as they move closer to the end of their life.

Intermittent Episodic Remission – Moments in time (minutes, hours, days, weeks, etc.), where an individual is free of existing psychophysiological pathology; unpredictable periods where pathology is not evident or recognizable.

Lien – A legal claim or a "hold" on some type of property, whether personal or real, making it collateral against monies or services owed to another person or entity. Any property that carries a lien can be forced into sale by the lender or HOA, in order to collect what is owed or claimed to be owed. If the borrower decides to sell the property, the lien holder must be paid before the title will be cleared for transfer to a buyer.

Malice Aforethought – An intention to commit an act (or omission) and a "high degree of probability" that such an act or omission will result in the death or serious injury of another person in the form of money, or physical or emotional harm.


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Psychophysiological – A mind-body illness; any stress-related physical illness.

Racketeering – An organized conspiracy to commit extortion; an enterprise that has committed any two of 35 crimes–27 federal crimes and 8 state crimes–within a 10 year period.

Tort – Intentional wrongs against a person: assault, battery, false imprisonment, infliction of emotional distress.

Unjust Enrichment – Enrichment at the expense of another where an obligation to make restitution arises, regardless of liability or wrongdoing.

Science and HOA Syndrome

To understand HOA Syndrome it is imperative for the observer–the reader–to comprehend at least four previously studied phenomena in human behavior research. The first is the research by Solomon Asch (1955), Opinions and Social Pressure. The second, the ground breaking work of Stanley Milgram (1963), Behavioral Study of Obedience. The third, the research project created and executed by Phil Zimbardo (1971), The Stanford Prison Experiment, and The Lucifer Effect: Understanding How Good People Turn Evil. Finally, a phenomenological study and investigation by Latane and Darley (1968), The Bystander Effect.

Solomon Asch (1955), Opinions and Social Pressure Asch investigated the concept of conformity in social norms. The experiment he created was simple. In one box he drew three straight perpendicular parallel lines of different lengths. In another box he drew just one straight perpendicular line. The individual line was the same length as one of the three lines in the other box. Eight subjects stood in a room comparing the lengths of the lines. They were instructed to find two lines that were the same length, one line from each of the two boxes. Seven subjects were “insiders” (coincidently, the same name given to people on the HOA board) or “confederates” working in conjunction with the researcher (confederates, HOA board members working in collusion with the management and collection companies). The eighth person, the volunteer participant, did not know what was to take place. When the subjects were asked to select the lines that were the same length the seven confederates knowingly identified two lines that were not the same length though they collectively reported that they were correct; that they were the same length. The eighth person, in most cases, sided with the incorrect answer even though that person knew it was the wrong answer. Result: group pressure plays an enormous role in making choices. That is, conformity is a powerful tool in making a choice even if the behavior alters and conflicts with one’s attitudes, ethics, morals, and belief systems. Social pressure influences the making of decision. Stanley Milgram (1963), Behavioral Study of Obedience After the 2nd World War–the post-Nazi siege and occupation of most of known Europe–many, including myself, asked a fundamental question regarding human behavior: how could one person or a group of people do what they did to another person or group of people?


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The question specifically relates to the inhumane treatment of prisoners of war in Nazi concentration camps such as Auschwitz I, II, and III, Buchenwald, Sobibor, to name a few. In 1946, during the Trial at Nuremberg, the tortuous, horrific treatment that was inflicted upon millions came to public awareness. Enter a young researcher, Stanley Milgram, who decided to implement an experiment asking the question: Are people capable of being inhumane to each other simply because they are instructed to do so by those in positions of authority? Like Asch, the experiment was quite simple. Individuals–the subjects under investigation–were told to induce an electric shock on another fellow subject. The recipient of the tortuous shock was a confederate working with the researchers; they were not actually hooked to the electric shocking device. However, when electricity was induced to the other subject–the confederate–a warning light illuminated in the concealed holding cell. The confederate screamed in agony as if they were actually receiving the shock. The subjects under investigation were told under no uncertain circumstances–in very Nazi-esque terms–to be obedient to the researchers, to do their jobs and to follow instructions no matter the cries and screams that emanated from the holding cell. Much to the surprise of the researcher’s, most shocked their fellow subjects to extraordinary degrees. Some of the participants induced a lethal electrical shock. The sounds from the holding cell went mute. Result: people will do what they are instructed to do in the name of being obedient.

Phil Zimbardo (1971), The Stanford Prison Experiment & The Lucifer Effect: Understanding

How Good People Turn Evil

Housed in the basement at California’s Stanford University, Philip Zimbardo constructed a mock prison. He invited university students–volunteers–to participate in a research experiment. Half of the volunteers became prisoners while the other half became guards. The experiment was intended to last six weeks. In less than six days the experiment was terminated. The student guards, dressed in guard uniforms, brutalized their fellow students–the prisoners–to such a degree that they were causing damage. The student prisoners wanted out. Result: losing their individuality and identity (wearing guard uniforms) and, put in a position of authority and gaining more and more power and control over others, individuals will methodically brutalize subordinates by inducing grave harm and detriment to their fellow human beings. Zimbardo later coined this as, the “Lucifer Effect,” noting that good people will turn evil when given the opportunity to have power and control over other humans.

Latane and Darley (1968), The Bystander Effect

Not all experiments are by design. Rather, some are observed after the fact. The 1964 death of Catherine Genovese evolved to be such a post-phenomenological study. The events are as follows:

Walking home, Kitty as her friends knew her, was attacked and stabbed to death by a man in Kew Gardens, Queens, New York. What was stunning about this murder and follow-up report–there would later be conflicting information–is that there were over 30 witnesses to the attack. No one stepped in to assist Kitty or stop the attack. Some yelled, “What’s going on down there?” while others stood or sat and watched the event unfold. The attack took longer than 32 minutes before someone finally called the police.


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Many, the report indicated, observed the event from the first moments of the attack. The phenomenon identified by the researchers is known today as “diffusion of responsibility” or “the bystander effect.” Result: when individuals or groups know that others are observing the same event individuals become apathetic. They leave it to others to step in and assist the victim (their neighbor). So let’s compile this data from the four research outcomes and move to reasonable conclusions:

1. Regardless of one’s attitudes, ethics, morals, and belief systems, people are capable of and will inflict unconscionable cruelty on others, especially when those people are put in a position of power and authority (i.e., HOA board members). 2. Individual and group unconscionability can be fostered when people lose their identity and individuality. Concealing one’s identity allows for greater infliction of damage and harm to others (i.e., hiding behind the guise of being an HOA board member). 3. When instructed to obey, individuals will inflict harm, without interruption, in spite of the knowledge and awareness that the events may lead to something as horrific as the death of their fellow human beings (i.e., HOA board members being instructed to harass neighbors with violations and fines by the property management companies). 4. People will stand by and observe harm to individuals or groups especially if they believe that others are also aware of those events (i.e., homeowners who say better my neighbor get the fine than me).

Summarily, HOA board members, management company employees, collection company employees, and their attorneys will knowingly inflict harassment and cruelty on homeowners. Surprised? You think this is not true of you? I postulate that most of you are in denial. Take the following examples.

How many times have you driven by a car stranded on the side of the road without stopping to assist? Have you ever heard the sound of a car, house or building alarm, but done nothing?

Walked by some trash on the ground without picking up the trash? “It’s not my job”; “It’s not my responsibility”. Observed an altercation, but just kept walking? Known that someone was in need, but elected not to assist? Followed through with an action simply because you were told to do that action? One only has to look at some recent history to see what humans do–or don‘t do–to other humans.

We have seen recent images of the Abu Ghraib Prison torture and abuse. After Hurricane Katrina, we saw armed guards standing at the Greater New Orleans Bridge threatening violence and death to those who would dare seek higher ground.


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What about watering one’s driveway knowing that people are dying of thirst and that the world wide water shortage is getting worse by the hour? Daily events prove that we turn our backs on each other. Furthermore, we intentionally, with malice aforethought, inflict pain and suffering on animals and our fellow human beings. Now, allow me to apply this to the HOA Syndrome pandemic.

The Origin of the HOA

In science we have a group of specialists known as epidemiologists. The job of the epidemiologist is to discover the origin, cause and course of a disease, the etiology of the disease. Once that information is acquired the scientific community works to resolve the problem. Ideally, the end result is to insure that the disease does not have an opportunity to re-engage and propagate: the Asian bird flu, whooping cough, polio, Legionnaire’s disease, and many others that have proliferated in the world. But not all diseases are eradicated. AIDS and HOA Syndrome are examples of two such diseases.

Like labor unions, HOAs began with good intentions. As early as 1773 labor unions began to emerge with the intent of protecting workers and creating sensible working conditions. By-products of those efforts were child labor laws, safety inspections and reasonable working hours. Over time the unions became massive money making machines. Dues from laborers needed to be paid to the union headquarters and their leaders. More and more dues and fees were levied. A few people at the top became rich and powerful at the expense of those at the bottom of the money chain. HOAs have a similar history.

Communities have existed for thousands of years. History tells us that over time people began living in groups (cities, townships, neighborhoods, blocks, etc.). Concurrent with communal living came fees and charges to occupants of those communities: parts of the kingdom, residence in the countryside, those who hovered around the center of town or the immediate surrounding territory. Most readers have an image in their mind of a scene from a movie where court appointed officers, riding astride armor protected horses storm into town demanding that the locals pay bounty to their king or in the case of my research, the HOA.

Over time, homeowners decided to ban together to make sure that their neighborhoods were safe, clean and inviting; to secure their homes and their investments for the future. To maintain this standing, homeowners agreed to pay dues and fees. In short order fines were put in place to insure that homeowners would stand accountable for the perceived mismanagement of their own property.

Management companies sprung up while attorney-owned and operated collection companies masterfully orchestrated more and more strict rules to govern the neighborhoods. More rules, more fines. The enterprises wanted more money–profits to feed the machine. But how could they keep the communities at bay? The natives were getting restless. Something was needed to stay the protests from the growing number of people who were fed up with being harassed. Enter the CC&Rs. (More to come – Part 3 in Spring 2016!)


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The CIHC spotlights arming yourself with knowledge!

We hope to have some interesting news in the near future from several CIC owners who are

fighting for their rights! IF you have an inspiring story OR successful strategy, please submit

your article for publication in our newsletter. Stay tuned. . . .

NOTICES:

The NJ Cooperator Condo Expo is . . .

Wednesday, May 11, 2016 from 10:00AM to 4:30PM

Meadowlands Exposition Center 355 Plaza Drive,

Secaucus, NJ

Registration is FREE for Condo/CIC owners.

Go to: https://nj-expo.com/

To see what “vendors” are exhibiting/have a booth to get

information and maybe some “freebies”, go to . . .

https://nj-expo.com/Exhibitors.aspx

Hope to see you there!

https://nj-expo.com/

https://nj-expo.com/Exhibitors.aspx


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CIHC newsletter Winter 2016

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Transcript of CIHC newsletter Winter 2016