Author Archives: Beanie

TENNESSEE – A billion-dollar empire made of mobile homes

The Washington Post Business :  A billion-dollar empire made of mobile homes
 By Peter Whoriskey February 14, 2019
 SMYRNA, Tenn. — It’s not fancy. But in the exurbs of Nashville stands part of a billion-dollar real estate empire. The Florence Commons community consists of about 300 mobile homes of varying vintages, mostly single-wide, many valued at less than $30,000 apiece, set 20 feet apart from one another. The occupants of some will tell you: The floors buckle. The ceilings crack. The doors don’t shut right. Their homes are sinking. “Okay — it’s a trailer park, not a fancy gated community,” said Jessica Boudreaux, 33, who lives there with her two daughters. “If people could, they’d live somewhere else.” Yet Florence Commons, along with more than 200 other mobilehome parks around the United States, has produced hefty returns for Stockbridge Capital, a $13 billion private-equity firm, and its major investors. Their company for mobile-home parks has produced tens of millions for investors in recent years and saw a return on investment of more than 30 percent between late 2016 and the end of 2017, according to documents. Those ample returns arise in part from their willingness to boost the rents of residents of mobile homes. As one investor’s report on the company put it: The “senior management team has a A billion-dollar empire made of mobile homes –  Read more:

https://www.washingtonpost.com/business/economy/

ARIZONA – Arizona bill would let older HOAs ignore laws, hold secret meetings

Arizona bill would let older HOAs ignore laws, hold secret meetings

Jessica Boehm, Arizona Republic

Published 6:00 a.m. MT Feb. 6, 2019 | 
A bill before the Arizona Legislature could exempt homeowners associations established prior to 1974 from complying with state laws that require them to make meetings and records open to homeowners.The bill’s sponsor, Rep. Kevin Payne, R-Peoria, said the change is necessary to ensure Sun City stays a 55+ community. But opponents say that’s not true, and warn that the unintended consequences of the bill could be drastic. 

Sun City lawsuit spurred legislation    

Beginning in 2015, a group of Sun City residents sued Recreation Centers of Sun City, the nonprofit that owns and maintains the golf courses and other recreational facilities in the unincorporated northwest Phoenix retirement community. 
An entrance to Sun City (Photo: Jen Fifield/The Republic)Much like a typical HOA, RCSC charges residents annual dues that cover the cost of common area maintenance— and if a homeowner does not comply, the nonprofit can foreclose on the individual. But RCSC does not consider itself an HOA, because it is only responsible for the recreation elements of the community. Therefore, it does not follow the requirements set forth in the Arizona Planned Communities Act.The act requires HOAs to hold open meetings and provide all financial documents for homeowner review. It also lays out a process to recall board members and to foreclose on delinquent homeowners

Readmore:https://www.azcentral.com/story/news/politics/legislature/2019/02/06/arizona-bill-would-allow-older-hoa-homeowners-associations-ignore-resident-protection-laws/2770412002/

SOUTH CAROLINA – Simpsonville man’s dispute with HOA may lead to jailtime

Greenvilleonline.com: Simpsonville man’s dispute with HOA may lead to jailtime
 By Angelia Davis February 1, 2019

A homeowner in Simpsonville is facing potential jail time after haggling with his homeowners association about a shed on his property and related court fees for nearly two years. How Melchior Julien’s dispute with his HOA got to this point is a complicated story that touches on the nature of HOAs, how neighborhood covenants are enforced and perceptions of race relations in the South.In the seven years he’s been in the Holly Tree Plantation subdivision, Julien has encountered several problems with his HOA and the ordeal has escalated to where he’s now facing 30 days in jail if he doesn’t pay $3,600 in attorney fees by Feb. 1.Greenville attorney John Crawford Jr., who represents the Holly Tree HOA, said it would be the first time he’s had a homeowner go to jail after failing to obey the neighborhood’s rules.  Read more:

https://www.greenvilleonline.com/story/news/2019/02/01/simpsonville-mans-dispute-hoa-may-lead-jail-time/2657386002/

FLORIDA – Bay area condo owner sick of paying $350 monthly fee for unit not repaired two years after fire

CCFJ.NET: Bay area condo owner sick of paying $350 monthly fee for unit not repaired two years after fire


Article Courtesy of  WFTS Action News Tampa Bay
By Isabel RosalesPublished February 2, 2019


 ABC Action News first told you about this story back in June. February marks two years since the fire first sparked at the Grand Reserve Condominiums in Tampa. Condo owners both living in the damaged building and those forced out are demanding to know why repairs are still not done.

All Georgette Khaziran wants is to return home.

“It looks left to rot,” she said staring at the building.

But home means a metal fence, boarded windows and no railings.

“In a month it will be two years. I see a lot of failures is what I see,” she said.

Khaziran is pointing the finger the management company under the helm of her HOA. She’s furious repairs haven’t been completed.

“I just keep paying and paying and hoping and hoping and I just feel taken advantage of,” she said.

She pays $350 out of her pocket every month in HOA fees for a home in which she’s never been able to return. Since the fire, she’s paid upwards of $6,000 in fees without actually living there.

“How do I plan my life? How do I move forward?” Khaziran asked.  Read more:

http://www.ccfj.net/condo2yrsNoRepair.html

FLORIDA – Residents clash with homeowners association over $133K paint job

CCFJ.NET:  Residents clash with homeowners association

over $133K paint job
 
Article Courtesy of Channel 7 News – Miami
By Patrick Fraser
Published January 24, 2019
 
Residents are battling their association for an assessment they don’t want and some can’t
afford – like the government worker furloughed by the partial shutdown.  Can the majority 
of residents stop their board?  There are ways, as we see in tonight’s Help Me Howard
with Patrick Fraser.
When the government started furloughing employees, federal workers like Susan Graziano
feared what she would face without a paycheck.
Susan Graziano: “Paying my mortgage, paying electric, food for my family. I’m going to have
to call my creditors and tell them, ‘Hey, I don’t have the money.'”
But instead of her expenses decreasing, Susan’s are increasing because of her association.
Susan Graziano: “They are now assessing us $133,000 worth of painting.”
Michelle Hull: “People are angry. They’re very upset.”
Upset because to pay for that $133,000 paint job, homeowners like Susan and Michelle
say they were told they have to pay a special $245-a-month assessment for the next
12 months – on top of their regular $300-a-month association fee.
Susan Graziano: “And now, with this shutdown and people not expecting paychecks, it’s
not good.”
Homeowners went to the board meeting to try to stop the painting, since it’s cosmetic and
doesn’t have to be done now.
Susan Graziano: It’s the board members who make the decisions.  They’ve shut us down. 
They’ve told us they don’t want to hear from us.”
Michelle Hull: “They are nightmares.  It’s a nightmare.”
The homeowners then put together a petition signed by more than half the residents
trying to stop the board from nearly doubling their association fee at this time.
Michelle Hull: “And still didn’t listen, and they still went ahead with the assessment.”
Read more:

TEXAS – Condominium Developers in Texas Can Protect Themselves from Future Lawsuits Through the Use of Declarations

JDSupra.com: Condominium Developers in Texas Can Protect Themselves from Future Lawsuits Through the Use of Declarations

Written by Baker Donelson
January 15, 2019

A Texas court recently affirmed the dismissal of construction defect claims by a residential condominium unit owners’ association because it lacked standing to assert claims against the developer, general contractor, and subcontractors of a new high-rise project in Houston. The case involved a high-rise, multi-residential, and retail development with alleged construction defects in the windows and resulting damage from water intrusion into some of its approximately 400 condominium units. The owners’ association brought suit against the project developers, the general contractor, and the window subcontractor, alleging negligence, negligent misrepresentation, breach of implied warranty, breach of fiduciary duty, and violations of the Texas Deceptive Trade Practices Act arising from the alleged defects.

The defendants won dismissal by arguing that Section 82.102(a)(4) of the Texas Property Code did not confer standing on the owners’ association to bring its claims because the statute expressly excepts any actions prohibited by a condominium’s declaration. For this development, the condominium declaration prohibited the owners’ association from bringing claims based on alleged defects in the condominium units or common elements. The defendants also asserted that the owners’ association lacked common law standing because it did not own, and had no interest in, the units or common areas, and thus suffered no injury from the alleged construction defects.  Read more:

FLORIDA – Stoneybrook West Residents Blindsided by Golf Course Closure

sportsfeedr.com:  Stoneybrook West Residents Blindsided by Golf Course Closure

WINTER GARDEN, Fla. — Residents of the Stoneybrook West Golf Community are upset after seeing their golf course close its doors.
  • Golf course at Stoneybrook West closed its doors in December
  • HOA says course did not tell group they were closing
  • HOA meeting to gameplan how to make a bid to buy the course 
The Home Owners Association says the course didn’t even tell them what its plans were or that they were closing.
Sean Hooke who lives off the sixth hole of the golf course is now wondering what the closure means to homeowners like him.
“The reason we moved in to this community was the golf course,” Hooke said. “It’s a beautiful golf course, along with the amenities with it,
so it impacts us especially if we live on the golf course.”  Read more:

 

CALIFORNIA – HOA embezzler to get three years, four months prison

HOA embezzler to get three years, four months prison

Judge expresses the intent to sentence woman who stole $2.8M from Woodlake Condominium Association

  • January 11, 2019

 

More than five years after a scheme to embezzle some $2.8 million from the San Mateo Woodlake Condominium Association between 2007 and 2013 came to light, the HOA’s former manager learned she will be sentenced to three years, four months in state prison Thursday, according to the San Mateo County District Attorney’s Office. 
 
Though Susan Lambert, 58, was set to be sentenced for her felony convictions Jan. 10, Judge Elizabeth Lee indicated she would impose a prison sentence of three years, four months in state prison and order restitution of $2.84 million to the victims Feb. 13 after Lambert’s defense attorney George Eshoo allegedly asked for a delay in his client’s surrender date so she could get her affairs in order, according to prosecutors.  Read:
 

NORTH CAROLINA – Jervay Developer Promises Homeowner Involvement in HOA Meeting by Early Spring

Port City Daily:  Jervay Developer Promises Homeowner Involvement in HOA Meeting by Early Spring
 
Telesis Founder and President Marilyn Melkonian answered questions about Jervay Communities, including clarifying what the HOA is and who is a member, what happened to HOA fees, and what’s next for the development.
 
By Benjamin Schachtman
January 10, 2019
WILMINGTON — The developer that owns and maintains much of the public-private Jervay Communities housing development is addressing the issue of the neighborhood’s homeowners association, and the fees it has charged for over a decade, answering questions in an attempt to clarify the situation.
Last month, Port City Daily reported that numerous homeowners had been paying homeowners fees to Telesis, the developer, for as long as a decade, but had never seen an HOA materialize — this despite Jervay’s founding documents, which call for an elected board and elections including all homeowners.
Public records and interviews with the Wilmington Housing Authority (WHA), showed this has been an issue dating back to the community’s founding; WHA CEO Katrina Redmon also confirmed that Telesis maintained an escrow account with HOA fees in it.
Many questions remained about what had happened to the HOA fees and what the status of the HOA was – and what it was legally required to be.
This week, Telesis Founder and President Marilyn Melkonian answered some of those questions.  Read more:

North Carolina – Developer Charged Wilmington Residents Thousands for HOA That Doesn’t Really Exist. So Where’s the Money?

Port City Daily:  Developer Charged Wilmington Residents Thousands for HOA That Doesn’t Really Exist.  So Where’s the Money

Telesis is a for-profit developer that specializes in public-private housing projects; through its management company, Telesis allegedly charged residents of Wilmington’s Jervay Communities tens of thousands of dollars in HOA fees, but never formed a proper HOA with resident board members, meetings, or transparency on how the fees were being spent.
By Benjamin Schachtman
December 20, 2018
WILMINGTON — Residents of Jervay Communities say they are still looking for answers after over ten years, and thousands of dollars spent on residents’ association fees — despite the fact that the Jervay HOA only exists on paper.
According to interviews and email records from the Wilmington Housing Authority (WHA), not all residents were charged the HOA fees, but those that did paid thousands of dollars between 2006 and 2012 years. The same emails show WHA at one point promised refunds — but, to date, haven’t been able to get Telesis, the private for-profit developer who owns Jervay, to the table.  Read more: