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Welcome to On the Commons!

Image On The Commons is a weekly radio show, dedicated to discussing the many issues surrounding homeowner associations (HOAs) and condominiums.  It is broadcast live from WEBR, Fairfax, Virginia and available on this web site.

Join us as we explore the world of homeowner associations and condominiums, which are the fastest growing form of residential development in America today.  This housing concept includes homeowner associations, condominiums, cooperatives, and both attached and detached single-family homes.  Unfortunately this type of housing is not as utopian as its advocates would have us believe.  Living in a homeowner association means giving up a part of the American dream.  It means giving up Constitutional rights and control over one’s most valuable asset - one’s home.

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 "Property in a thing consists not merely in its ownership and possession, but in the unrestricted right of use, enjoyment, and disposal. Anything which destroys any of the elements of property, to that extent, destroys the property itself. The substantial value of property lies in its use. If the right of use be denied, the value of the property is annihilated and ownership is rendered a barren right."  --- Washington State Supreme Court Justice Richard B Sanders

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Its Here! 

The new On The Commons  podcast site

Seven years of easy to find On the Commons Podcasts 

 

The Curent Show

On the Commons with Scott Wircenski
How do you fix something that is so horribly broken, something that was built on a foundation of lies and misinformation and something that is so anti owner?  You can't.  For the past several decades homeowners, legislators, academics, health professionals and yes, even the homeowners themselves, have suggested ways weeks and mini fixes, all they have accomplished is made the whole process more burdensome and complicated.  Maybe it is time to take a step back, analyze the issues and the reasons for the conflicts and tackle the real reasons for the feuds instead of just trying to make them more palatable.

Scott Wircenske joins us On The Commons.  Scott, a homeowner in Kansas asked the board of directors of Parkhill Manor HOA a rather embarrassing question: "where is our money?" .  Homeowners who are members of any residential association are responsible for the financial health of the association as well as the condition of the common assets (liabilities?).  The owners have a right to know what is going on and the board has a fiduciary duty to keep the owners informed.  Scott's board chose, instead, to withhold that information.  For the past 8 years Scott has been involved in litigation, trying to work with the board as well as attempting to get legislation enacted to prevent the abuses.  Scott shares his story with us and warns us of the pitfalls that he encountered. Listen to Scott WircenskiWrite Comment (0 comments)
On the Commons with Caroline Douglas

You follow a case as it winds its way through the court system.  It seems so simple, so cut and dried that you wonder why so much time, money and hostility is invested in such a petty argument.  Why should it cost hundreds of thousands of hard earned dollars to figure out whether a homeowner in an association can have white roses instead of red ones?  Or whether or not a condo owner is allowed to have a small American flag on his or her front porch or if a family can have a swing set in the backyard for their children?  Why should these even be an issue?  And why would anyone in their right mind care?  And finally, after months of discovery, nasty letters, fines, bullying, isolation and abusive language, dividing up the neighborhood, name calling and other nastiness, the opinion from the judges is handed down deciding the case once and for all.  This is it, this is the end of this road. The wise men and women of the legal system have spoken and you are left with your mouth hanging open, wondering what on earth just happened.  


Caroline Douglas joins us On The Commons.  Caroline has a law degree although she is no longer a practicing attorney.  She has seen the dark side of the legal profession and decided to blow the whistle on what happens "behind the scenes".  In an 800 page book called "The Dark Side: a law treatise on judging - with memoir" she explains it all and gives us clues to look for so we are not caught off guard.  In a fascinating interview she walks us through what goes on behind the scenes and how and why some of these off the wall decisions are reached.  Caroline has witnessed these irregularities both as a practicing attorney and a litigant caught in this legal "chamber of horrors". You can reach Caroline at  but you won't want to miss this interview.  . . 
.Listen to Caroline Douglas    


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