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!
Page 12-16: 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.

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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 wrong-doing 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 (Confiden-ti-ality of Informa-tion) 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!

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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.
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The above may help some of you when you need an attorney and have very limited funds. Editor.

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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

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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!

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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.

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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.

16
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!)

17
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!

18
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CIHC newsletter Winter 2016

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