Author Archives: Beanie

NEBRASKA – After they painted their house blue, the homeowners association sued and neighbors called it ‘obnoxious’. Court says they’re in the clear.

CCFJ.NET: After they painted their house blue, the homeowners association sued and neighbors called it ‘obnoxious.’ Court says they’re in the clear.

 

Article Courtesy of Nebraska News Center

Published December 5, 2017

 

LINCOLN — A homeowners association in Sarpy County might be feeling the blues after a Nebraska Supreme Court ruling Friday.

 

Duane and Kathryn Korth, who live in the Gretna area, were sued by their subdivision’s homeowners association for painting their house a shade of blue that, according to neighboring homeowners, was “a nuisance” and “obnoxious to the eye.”

But the state’s highest court found Friday that the Korths did not violate the restrictive covenants of the Estates at Prairie Ridge subdivision. The court ruled that the covenants required new homes to be painted in earth tones, but they did not restrict the color when a house is repainted.

The ruling reversed a decision by Sarpy County District Judge George Thompson.

In 2004, the Korths built their house and proposed to paint it blue. But their developer denied this proposal and recommended that they choose an earth-tone color instead, in compliance with local covenants.

Ten years later, the Korths informed a member of the Estates at Prairie Ridge Homeowners Association of their decision to repaint their house a shade of blue. A disagreement ensued, but the Korths went ahead with their plan.

That led to a lawsuit from the homeowners association.

Read more:

http://www.ccfj.net/HOANebrBlueHome.htm

FLORIDA – HOA LOSES LAWSUIT AGAINST HOMEOWNER – AND QUICKLY TAKES REVENGE

CCFJ.NET:  HOA LOSES LAWSUIT AGAINST HOMEOWNER – AND QUICKLY TAKES REVENGE

 

An Opinion By Jan Bergemann
President, Cyber Citizens For Justice, Inc.

Published December 9, 2017

 

In an order granting plaintiff’s motion for summary judgment Circuit Court Judge William L. Roby ruled against Piper’s Landing, Inc. in Martin County in a case where the HOA had refused to allow a homeowner to inspect the management contract and the financial records indicating the specific compensation of manager Brian Reich.

In my opinion this lawsuit was a total waste of association funds. The owner should have never been forced to file this lawsuit because the association attorney Jane Cornett from the law firm of Becker & Poliakoff should have advised the board that the statutes force the association to reveal these documents. You don’t need to be Einstein to read the provisions in FS 720 (the HOA Act) that explain in no uncertain words that management contracts and financial records are public record which every owner and/or his/her representative can inspect after filing a so-called “public record request.”

The judge made it clear that there was no doubt that the homeowner had the right to inspect the requested records.

But to me it looks like the HOA board and attorney Jane Cornett are sore losers. Shortly after the court’s ruling they suspended plaintiff John Katsock for reasons unnamed in the letter written by Jane Cornett on November 7.   Read more:

 

 

 

 

http://www.ccfj.net/CCFJRevengeHOA.htm

WYOMING – Homeowner Dispute with a Pick Axe

KCWY13.com:  Homeowner Dispute with a Pick Axe
November 27, 2017

Saturday November 25th Natrona County Deputies were called out Okeepa Drive for a man who had been struck in the head with a pick axe.

Forty-five-year-old Wade Miller, who was the president of the Home Owners Association, visited an owner on Okeepa Drive after numerous complaints about the condition of the property.

The homeowner and Miller began to argue and reports say Miller broke out a glass patio door with a pick axe and hit the owner two or three times with the axe and then attacked him with a gardening spade and wooden post.

The owner claimed to have a gun, which ended the attack and the man left.

Natrona deputies spoke to Miller about the attack and then booked him for aggravated assault and unlawful entry.  Read story:

FLORIDA – Florida Man Fighting to Keep Emotional Support Squirrel

nbcmiami.com:  Florida Man Fighting to Keep Emotional Support Squirrel
Ryan Boylan says he rescued Brutis during Hurricane Matthew last year

A Florida man says he can’t live without his emotional support squirrel, but his condo association says the animal has to go.

Ryan Boylan received a notice last month that he needs to give up the squirrel, Brutis, or face eviction from his Clearwater Beach condo, WFLA reported.

Boylan says he and Brutis became inseparable after he rescued her last year during Hurricane Matthew.

“Ever since then I mean, oh my God, I can’t imagine not being around her,” Boylan said.  Boylan has a doctor’s note that says he’s suffering from post-traumatic stress disorder after a car accident. He registered Brutis on RegisterMyServiceAnimal.com as an emotional support animal.  Read more:

ARIZONA – Phoenix Landmark condo owners fight $15,000-plus HOA assessments – and win

azcentral.com:  Phoenix Landmark condo owners fight $15,000-plus HOA assessments – and win
Catherine Reagor and Jessica Boehm, The Republic
November 13, 2017

The bill arrived unexpectedly by email in May. It was from her Landmark Towers condominium homeowners association.

The midtown Phoenix tower’s air-conditioning needed a major fix, and her share to pay for it was $18,000.

Francine Hardaway said she “freaked out.”

“I was horrified and frightened,” said Hardaway, founder of Phoenix-based Stealthmode Partners. “When I bought my condo in 2011, it was at the height of the recession. I bought it for cash thinking that if everything went to hell in a handbasket, I could live there.”

She rents out the condo in the iconic 17-story tower and doesn’t own another home.  Read more:

NEW HAMPSHIRE – Woman ordered to pay $66K in restitution in theft case

The Conway Daily Sun:  Woman ordered to pay $66K in restitution in theft case
Daymond Steer
November 9, 2017

OSSIPEE — An Intervale woman has been sent to jail and ordered to pay more than $66,400 in restitution to a local condo association as a result of pleading guilty to theft.

Lynne Barry, 54, pleaded guilty to misdemeanor theft by unauthorized taking in Carroll County Superior Court on Nov. 3. She was sentenced to a year in jail with all but one month suspended for one year.

She also must pay $66,408 in restitution to Northbrook Condominium Association and perform 20 hours of community service.

According to the indictment, the theft was committed between April 2014 and August 2015.

“The defendant obtained U.S. currency, belonging to another, the Northbrook Condo Association, by depositing association members’ fees in her own business account, the purpose to deprive the owner of the property,” states the indictment filed by assistant County Attorney Kimberly Tessari.  Read more:

WASHINGTON, D.C. – Is Landscaping Drama at the Root of Rand Paul’s Assault?

The New York Times: Is Landscaping Drama at the Root of Rand Paul’s Assault?
 The senator grows pumpkins on his property, composts and has shown little interest for neighborhood regulations.
By NICHOLAS FANDOS, NOAH WEILAND and JONATHAN MARTIN
November 6, 2017

WASHINGTON — The violent altercation last week that left Senator Rand Paul nursing bruised lungs and broken ribs began over a landscaping dispute between the senator and his longtime next-door neighbor, according to neighbors and three Kentucky Republicans familiar with what transpired.

The precise provenance of the dispute was still a matter of disagreement on Monday. But the back story of the fracas began to come into focus and with it, the realization that Mr. Paul’s injuries could keep him from Washington, where Republicans in the Senate hold only a slim majority, for some time.

Mr. Paul had just stepped off a riding lawn mower on Friday when Rene Boucher, a retired anesthesiologist who lived next door, charged and tackled him. Because Mr. Paul was wearing sound-muting earmuffs, he did not realize Mr. Boucher was coming, according to one of the Kentucky Republicans and a friend familiar with the altercation.

“Rand never saw him coming or heard him coming,” said the friend, Robert Porter, who visited Mr. Paul on Saturday.  Read more:

TEXAS – HOA law loophole leaves some homeowners powerless

KXAN.INVESTIGATES:  HOA law loophole leaves some homeowners powerless
By Brian Collister
October 30, 2017

AUSTIN (KXAN) — New neighborhoods are popping up across Central Texas at a staggering rate. Many of the new neighborhoods have homeowners associations that offer you amenities and help you preserve your home’s value. However, a KXAN Investigation uncovered there is a loophole in the Texas law that keeps homeowners from having control of their HOA.

Reinna Ortega and her family live in Bradshaw Crossing in south Austin. The mother of two worries her sons, Jonas and Jason, will get hurt when playing in their neighborhood park. “Sometimes when we come to the park and there will be broken bottles or beer tops, condoms,” says Ortega. All of it left over from people hanging out in the park at night when the park is supposed to be closed. Ortega says her husband was attacked earlier this year by a group of teenagers when he told them they couldn’t be there after dark. “As he turns to leave he gets hit on the side of the head with a branch and he goes down.”

Ortega and her neighbors turned to their HOA to ask for lighting to improve safety and to keep out vandals at the park but the HOA did nothing and the park still sits cloaked in darkness as homeowners continue to pay their HOA dues. Robin Callan has lived in another south Austin neighborhood called Colorado Crossing for nearly a decade. Since January 2016 her HOA increased residents’ dues by 33 percent to pay for an unfinished pool and amenity center. “We don’t have ownership of or control the HOA as homeowners in the community. So in a sense, it’s taxation without representation,” explains Callan.  Read more:

VIRGINIA – Lawsuit against an HOA: Forcing Landowner To Mow Meadow

The Loudown Tribune:  Lawsuit against an HOA:  Forcing Landowner To Mow Meadow
Kevin Shay
October 30, 2017

A Purcellville couple and homeowners association are preparing to battle it out in court over whether a meadow should be mowed.

In 2014, the association overseeing the Farmington on the Green development asked Michael and Sian Pugh to mow down a two-acre meadow that had existed since the home was built in 1989. The meadow on the 5.6-acre property – which is shielded from public view by trees – contains wildflowers, Monarch butterflies and other beneficial insects that make it worth preserving, said Pugh, who bought the property in 2005. The rest of the 3.6 acres is well manicured, he said.

“Like the two owners before me, I have [the meadow] bush hogged on occasion to keep the woody growth down,” Pugh said. “We get deer, foxes, rabbits, hawks and all kinds of butterflies, including Monarchs… It is an awesome and beautiful feature of the property.”

After being told to mow the meadow, the Pughs attended meetings and stated their views on wanting to retain the two-acre parcel’s wild features. The association refused to rescind the violation, while not putting a lien on the property.  Read more:

CALIFORNIA – Indio police investigating $110K in ‘financial discrepancies’ at Sun City retirement community

Desert Sun:  Indio police investigating $110K in ‘financial discrepancies’ at Sun City retirement community
Amy DiPierro and Alena Maschke
October 25, 2017
The Indio Police Department is investigating a tip from a massive Indio retirement community after its management company found “financial discrepancies” of $110,000 that they said were connected to a former employee.Sun City Shadow Hills in Indio is a 3,450-home development for people ages 55 and over, known for its golf courses, fitness facilities and clubs. It has a volunteer board of directors that runs its homeowners association, a nonprofit organization that residents join when they buy property in the community. But the complex is operated day-to-day by Associa, a for-profit management company that oversees 9,000 properties in North America.In August, Associa informed the Sun City complex’s board of directors that an internal audit had turned up a “financial discrepancy” in accounting records. The board turned over the final report to Indio police earlier this month, according to an email the board sent to homeowners on Oct. 18.  Read more: