Author Archives: Beanie

NEW JERSEY – Howell Vietnam vet allowed to keep flagpole that HOA initially denied

app.com: Howell Vietnam vet allowed to keep flagpole that HOA initially denied

By Joe Strupp

October 11, 2019

HOWELL – A Vietnam veteran who had been denied for months the right to install a flagpole in his front garden reached an agreement with his homeowner’s association Friday to keep the stars and stripes in place.

Mike Burtt, 72, has lived in the Equestra at Colts Neck Crossing gated community for four years. He had sought to install the flagpole in the spring, but the HOA claimed it violated rules. Watch the video at the top of this story of Burtt explaining his difficulties.

The two sides went through mediation with no deal and were possibly heading to court when the agreement was struck, according to Burtt’s attorney.

“We offered a compromise where Mr. Burtt would be allowed to install a non-permanent, staked flagpole to keep his flag hanging in his garden bed,” Attorney Jose Roman said via email Friday. “Equestra initially denied the request but has now reconsidered and will allow his flag to remain up.”  Read more: https://www.app.com/story/news/local/communitychange/2019/10/11/veteran-mike-burtt-challenged-flag-pole-restriction-and-won/3942916002/

TEXAS – HOA fines parking violation: What are your rights?

KXAN.com:  HOA fines parking violation: What are your rights?


By: Candy Rodriguez

October 7, 2019


AUSTIN (KXAN) — Since July, David Lopez has been hit with two parking violations for parking his truck overnight in the street adjacent to his home in the Parkside At Slaughter Creek subdivision in south Austin. Lopez said he’s not alone, several of his neighbors have also received a parking violation, “down here you have another five or six, and then 10, 15 more it’s just all up and down the streets,” he said as he pointed to vehicles lining his street. Lopez doesn’t understand why after four years of parking on the street he is now receiving parking violations.

Longtime attorney, Gregory Cagle said this isn’t uncommon.“We get this issue all the time by the way,” he said. “Specifically with parking on the street because people say, ‘These are public streets, what do you mean I can’t park on a public street?’ Well, these are contractual obligations, you can contract away your constitutional rights.”  Read more:

https://www.kxan.com/news/local/hoa-fines-parking-violation-what-are-your-rights/

FLORIDA – Osceola Residents Pack HOA Town Hall, Calling for Reform

Spectrum News 13:  Osceola Residents Pack HOA Town Hall, Calling for Reform

By Stephanie Bechara  Osceola County

September 27, 2019  


KISSIMMEE, Fla. — State Rep. John Cortes hosted a packed town hall Thursday night to talk about Homeowners Association reform in Osceola County.Residents from about 25 different HOAs filled the room. The Department of Business & Professional Regulation was present to take in people’s questions.People complained about a number of concerns like not having routine elections, misappropriated funds, and lack of transparency. Auxiliadora Gutierrez, a resident at Quail Ridge, said she’s been dealing with HOA issues for nine years and called this a nightmare.

“They put a lien saying I didn’t pay my dues. I have always been current in my HOA, and I have all the proof,” Gutierrez said.

Maria Napolitano, a resident at Turnberry Reserve, said they haven’t seen elections for their HOA board since 2012.

“Turnberry Reserve needs a huge makeover, and we need a new board. So we need the whole community to come together as a whole if they want change,” Napolitano said.

Cortes is working on four different bills regarding HOA.  Read

:https://www.mynews13.com/fl/orlando/news/2019/09/27/osceola-residents-pack-hoa-town-hall–calling-for-reform

FLORIDA – Condo association tells woman her Bahamian friends displaced by Dorian aren’t welcome

WPTV5: Condo association tells woman her Bahamian friends displaced by Dorian aren’t welcome

By Andrew Lofholm

September 20, 2019

TEQUESTA, Fla. — A woman trying to take in long time family friends who were displaced from the Bahamas by Hurricane Dorian, is being told by her condo association that it’s against rules, and if she keeps it up, she’ll start getting daily fines.

Donell Pubien’s home in Abaco is still standing, but barely. There are gaping holes in the roof and the walls are wrapped by water. It’s unlivable.

SPECIAL COVERAGE: Bahamas After Dorian

“Rocks would fly through and sound like shotgun bullets,” he said in an interview. “This hurricane was really devastating.”

He and his family have been close friends with Teena Lavalvo for about 10 years. They would come to visit her often over the years.

Lavalvo helped arrange for a private plane to take them off the island. The rest of his family went to stay at his sister’s …  Read more:
https://www.wptv.com/news/region-n-palm-beach-county/tequesta/condo-association-tells-woman-her-bahamian-friends-displaced-by-dorian-arent-welcome

FLORIDA – $110 million sweetheart deal for Developer at expense of taxpayers

Villages-news.com: $110 million sweetheart deal for Developer at expense of taxpayers

By Scott Fenstermaker
September 10, 2019

Kudos to the Property Owners’ Association. In two articles in its September 2019 Bulletin, the POA presents a number of interesting facts and figures underlying the proposed huge increase in Sumter County taxes. That issue of the Bulletin should be read by all Villagers.The misleadingly named Villages Homeowners Advocates (the VHA), which is little more than a front organization for the Developer, has been silent on the proposed tax increase. The Villages Daily Sun, of course, publishes no news that could reflect unfavorably on the Developer, who not only owns the Daily Sun but is also the biggest campaign contributor in the area. Thus, the Daily Sun has not described what is really behind the proposed tax increase. Subsequent to publication of the POA Bulletin, villages-news.com, the only independent news publication in The Villages, published an editorial on the proposed tax increase, making some of the same points as the POA articles.Both the POA articles and the villages-news.com editorial allude to, but do not focus on, what appears to be a key factor underlying the proposed tax increase – the sweetheart deal that the Sumter County Commissioners have given the Developer on impact fees. As background for those readers who may not be aware of impact fees, impact fees are a one-time tax imposed on all new residential and commercial construction by local governments to defray the cost of growth’s “impact” on roads and other infrastructure needs. Read more:

https://www.villages-news.com/2019/09/10/110-million-sweetheart-deal-for-developer-at-expense-of-taxpayers/

FLORIDA – Condo boards ‘fatten coffers’ with illegal fees. Residents just won a class-action settlement.

Miami Herald: Condo boards ‘fatten coffers’ with illegal fees. Residents just won a class-action settlement.
By Rene Rodriguez and Nicholas NehamasSeptember 20, 2019

In a move that could have implications for thousands of Miami-Dade County residents and cost the local real estate industry millions of dollars, a Brickell condominium association accused of charging residents inflated fees in violation of state law has agreed to pay up to $300,000 to settle a class-action lawsuit.The lawsuit, filed by Joshua and Allison Kobasky, argued that The Plaza 851 Brickell Condominium Association had ripped them off, as well as hundreds of others, by charging mandatory, non-refundable “transfer” fees greater than $100 when they applied to lease a unit and move in. The Florida Condominium Act prohibits associations from charging fees greater than $100 per person or married couple in connection with the sale, lease or transfer of a condo unit.  Read more: https://www.miamiherald.com/news/business/real-estate-news/article234887852.html

CALIFORNIA – Accusations of possible financial abuse by former Chula Vista HOA manager

ABC10 NEWS: Accusations of possible financial abuse by former Chula Vista HOA manager

By Jennifer KastnerSeptember 12, 2019

CHULA VISTA, Calif. (KGTV) – A Chula Vista homeowner’s association (HOA) is dealing with claims of embezzlement, corrupted financial records and a police investigation.

Team 10 investigative reporter Jennifer Kastner tracked down the former HOA manager who’s at the center of the accusations, who says he did nothing wrong.

However, the HOA claims that he was writing thousands of dollars in reimbursement checks every month to himself for alleged maintenance, but didn’t provide basic documentation like store invoices or receipts.

Unlike the idyllic, legendary city of Camelot, the local Camelot at Eastlake Shores is in turmoil.

“It’s not the wonderful place that it used to be,” says homeowner Connie Patrick. She and other homeowners at the Chula Vista HOA are grappling with the news.  Read more:
https://www.10news.com/news/team-10/accusations-of-possible-financial-abuse-by-former-chula-vista-hoa-manager

CALIFORNIA – 7 Common HOA Rule Violations – and How to Avoid Getting Fined

SG GATE: 7 Common HOA Rule Violations – and How to Avoid Getting Fined

By Ana Durrani

September 9, 2019

Living in a community managed by a homeowners association (HOA) means that you’re obligated to follow certain rules and regulations. Depending upon your HOA, these rules can be very particular—so particular that you may not even know you’re doing something wrong! And if you disobey your community’s covenants, conditions, and restrictions (CC&Rs), you could get fined.“Fines are a tool to gain compliance, and it is not uncommon for them to be reduced or waived once compliance is achieved,” says Dawn Bauman, senior vice president, government and public affairs, for the Community Associations Institute in Falls Church, VA. She says some rule violations could yield one-time fines of anywhere from $25 to $100, or daily fines of around $10 per day.The best way to avoid fines is to stay in the loop with your community. Familiarize yourself with the CC&Rs, read community documents, attend community board meetings, pay attention to community updates, and ask questions when you think you might be in violation.Curious which requirements tend to trip up homeowners the most? Here are some of the most common HOA rule violations.  Read more:

https://www.sfgate.com/realestate/article/7-Common-HOA-Rule-Violations-and-How-to-Avoid-14424175.php

CALIFORNIA – Carmel Valley HOA tells resident to stop flying Union Jack

Del Mar Times: Brit to HOA:’The flag is absolutely not coming down’


By JOHN WILKENS 

September 1, 2019

Shannon Glover came from England to San Diego almost 30 years ago for a uniquely American reason: She fell in love with Tom Cruise and “Top Gun.”

Now she’s in a dispute that pits the country of her birth against the one she calls home.

Her homeowners association in Carmel Valley has ordered her to stop flying the British flag, the Union Jack, outside her house.  Read more:

https://www.delmartimes.net/news/story/2019-09-01/brit-to-hoa-the-flag-is-absolutely-not-coming-down

FLORIDA – HOA tells Clearwater officer to move police cruiser into her garage or face legal action


abcactionnews: HOA tells Clearwater officer to move police cruiser into her garage or face legal action



By: Heather Leigh
August 27, 2019
EAST LAKE, Fla. — A Clearwater police officer is facing an ultimatum in her East Lake neighborhood: Stop parking her marked police cruiser in her driveway, or pay hundreds of dollars in violation costs.

“The first thought is, it a joke? Like this is the most absurd thing I’ve ever heard of,” said Dan Parri, a family friend speaking on behalf of the officer and her husband who is also in law enforcement.

Parri says officers take home their marked cruisers to speed up response times. He says it also deters crime.

“Every place that I’ve ever lived, if I had a police cruiser parked next to me I felt safer,” he said.

State law says HOA’s can prohibit commercial vehicles from parking in driveways but an opinion issued in 2005, by then State Attorney Charlie Crist , a law enforcement vehicle is not considered commercial.

“They don’t have that vehicle for the purpose of profit,” Parri said.  Read more:

https://www.abcactionnews.com/news/region-pinellas/hoa-tells-clearwater-officer-to-move-her-police-cruiser-into-her-garage-or-face-legal-action