Author Archives: Beanie

SOUTH CAROLINA – Myrtle Beach residents face HOA violations for driving vehicles

WMBF NEWS:  Myrtle Beach residents face HOA violations for driving commercial vehicles into neighborhood

By Samantha Kummerer|
 December 5, 2019 at 6:52 PM EST 

MYRTLE BEACH, S.C. (WMBF) – A Myrtle Beach resident is facing nearly $1,000 in homeowners’ association fines after getting picked up for work in a commercial vehicle.

Marcos Andrade has lived in the Burcale Commons community for nearly three years and said he was picked up for work every day.

He works with a hardwood floor company and for years the small box truck would pick him up.

“It has letters, but it doesn’t have my company name, it just says ‘Hardwood Floors.’ It doesn’t even have a phone number or something like that, just ‘Hardwood Floors’ and that’s it,” Andrade said.

Occasionally, the truck would stop by during the day to pick up some supplies or cut wood, but he said it never stayed overnight.

Andrade said it’s never been a problem until two months ago when he received a call.

“They call me and say the HOA is going to fine me for $100 if I park my truck over here. I say, ‘I don’t park the truck over here, it just comes to pick me up for work,’” he recalled.  Read more:

TEXAS – Parts of Austin’s short-term rental rules unconstitutional, court finds Parts of Austin’s short-term rental rules unconstitutional, court finds

By Mark D. Wilson

November 27, 2019

A state appeals court on Wednesday struck down two provisions of Austin’s short-term rental policies.The Austin-based 3rd Court of Appeals said city ordinance provisions banning short-term rentals for non-homestead properties and controlling conduct and types of assembly on private property are unconstitutional, as they limit peaceable assembly on private property.

“The ordinance provision banning non-homestead short-term rentals significantly affects property owners’ substantial interests in well-recognized property rights while, on the record before us, serving a minimal, if any, public interest,” the court said.

The Texas Public Policy Foundation’s general counsel, Robert Henneke, called the ruling a sharp rebuke to the city and good news for property rights in Austin.“In striking down the Austin ordinance ban on short-term rental use and the restrictions on guest activities within a private residential setting, the 3rd Court of Appeals stopped the overreach by the city of Austin,” Henneke said. “Noting that the city still has nuisance laws to address actual public disturbances, the opinion highlighted the lack of data from the city justifying any restriction, let alone the manner this ordinance infringes upon fundamental rights.”  Read more:

SOUTH CAROLINA – New S.C. bill could limit HOA power by eliminating foreclosures

WMBF NEWS:  New S.C. bill could limit HOA power by eliminating foreclosures

By Samantha Kummerer

November 25, 2019

COLUMBIA, S.C. (WMBF) – A bill pre-filed this month would prohibit homeowners associations in South Carolina from foreclosing on homes.

HOAs currently have the power to foreclose on a property if fees and fines go unpaid.

If passed, the bill filed by South Carolina representative Todd Rutherford, D-Richland, would strip the associations from this power.

“Real property used as a primary residence may not be sold if the action was instituted by a homeowners association attempting to collect unpaid dues, fee, or fines,” part of the proposed bill stated.

Read the full bill ]

Residents in the Ashford Estate Homeowner Association said they support this law.

“If you take the foreclosure aspect out of the HOA you’re going to alleviate a lot of problems in the state of South Carolina,” said James Hatton.

In November 2017, more than 50 liens were placed on homes in Ashford Estates. Read more:

MISSISSIPPI – Ridgway Lane father, son put homes up for sale amid HOA embezzlement investigation

Mississippi Clarion Ledger: Ridgway Lane father, son put homes up for sale amid HOA embezzlement investigation

By Justin Victory
November 23, 2019

JACKSON — A father and son, accused in multiple homeowner association embezzlement lawsuits, transferred the deed of a home to a spouse and put two homes up for sale amid an escalating investigation into their finances. The attorneys for four homeowners associations on Friday said David L. Lane and his son, David W. Lane, violated a court order that prohibits them from transferring or selling any assets.

The Lanes and their company, Ridgway Lane & Associates, have been named in seven lawsuits, with the latest one filed on Friday, due to their alleged misappropriation of more than $1 million in homeowner funds. The Lanes were scheduled to appear in Rankin County Circuit Court Friday for a hearing before Judge John Emfinger. Both failed to appear. Mike Moulaff Jr., a lawyer representing David W. Lane, said the men were at a family funeral.

But the attorneys for the HOAs, Maison Hiedelberg, Chadwick Welch and Roy Liddell, said recent activity by the Lanes shows they’ve violated a temporary restraining order against them. Now, both the Lane’s homes are up for sale. Read more:

NEW YORK – HOA Bans 4-Year Old From Playing Outside Condos, Family Cries ‘Racism’

PJ Media:  HOA Bans 4-Year Old From Playing Outside Condos, Family Cries ‘Racism’

By Megan Fox
November 21, 2019

A New York family got a nasty surprise in the form of a letter sent by their homeowners association, threatening to fine them hundreds of dollars for letting their son play outside their condominium. ABC News in Cleveland reported,

“We understand that the weather has gotten nice out but unfortunately, there are rules and regulations in the By-laws,” the letter read. “That it is not safe for kids to play on common area grounds. Please take this as a precaution measure so that we would not have to enforce the fine that is association with this. It is $150 per violation.”The Parkers looked through 38 pages of the association’s by-laws, but didn’t see any prohibiting kids from playing outside. They asked Dellafranca to show it to them. She couldn’t.The Parkers decided that this decision was based on their son’s race because other families with children who play outside did not get the letter and they are the only Hispanic family in the building. “He also happens to be the only Latino child. So that raises questions about the possible motive for something like that,” said the child’s father. Read more:

TEXAS – Oak Forest resident challenges HOA on carport issue

Port Authority:  Oak Forest resident challenges HOA on carport issue

By Adam Zuvanich

November 20, 2019

Carports might be more common than basketball goals in the driveways of Oak Forest, where many of the original homes in the historic Northwest Houston neighborhood were built with one-car garages.The carport attached to the front of Jason Spencer’s home has been there since long before he bought it two years ago, and it’s one of four on his block on Lamonte Lane in Section 13. So he was taken aback last month when he and his wife, Helen, received a letter from the Oak Forest Homeowners Association (OFHA), which said the carport was in violation of the community’s longstanding deed restrictions because it was situated too close to the front of the property line.The letter told the Spencers they had 15 days to remove the 18-year-old carport or the violation would be reported to the City of Houston, which enforces deed restrictions in the neighborhood.

“When we bought this house, it was pretty much an eyesore on our street. We’ve invested close to $100,000 to fixing up this house, and it’s gone from one of the ugliest on the street to one of the nicest,” Jason Spencer said. “And the HOA wants to crack down on me because of this carport that’s been there at least 18, 19 years? If you had a baby when my carport was put in place, they would be a senior at Waltrip High School now.

”Spencer pushed back against the OFHA, which is run by volunteers, sharing his experience on social networking site Nextdoor and asking the organization to rescind its violation notice. He pointed out language in the Section 13 deed restrictions that says homeowners are not liable for violations committed before their ownership and also informed the HOA that the state of Texas has a four-year statute of limitation on the enforcement of deed restrictions.  Read more:

FLORIDA – He thought he won a Tampa Bay gulf-front condo. Turns out he lost big. He thought he won a Tampa Bay gulf-front condo.  Turns out he lost big.

By Susan Taylor Martin
November 12, 2019

INDIAN ROCKS BEACH — Joseph Erickson owned a condo in this beachfront community but the view was of the Intracoastal Waterway, not the beach. So when he saw that a gulf-front condo in a nearby complex was up for sale at a foreclosure auction, he decided to try his luck.

On Sept. 23, 2018, Erickson won out over several other bidders and bought the condo for $385,000. He knew that $35,000 would go to the Happy Fiddler Condominium Association, which had filed the foreclosure case to collect unpaid dues. But he expected Pinellas County’s Clerk of Court would return the $350,000 “surplus” to him. Erickson hired a contractor and started renovating his new condo.  Read more:

FLORIDA – Woman charged with defrauding BOCA HOA of $82,000

The Palm Beach Post:  Woman charged with defrauding BOCA HOA of $82,000

By Mike Diamond

November 13, 2019

PBSO says Korinne Modica, 34, funneled tens of thousands from the HOA’s account and used the money for shopping, dining, travel and other personal spending.

A Lake Worth Beach woman is facing criminal charges for allegedly stealing $82,000 from the Knightsbridge of Polo Club Homeowner’s Association.

Korinne Modica, 34, is alleged to have defrauded the HOA from Sept. 1, 2017, through Feb. 28, 2018, by transferring funds out of the Knightsbridge HOA account into an account controlled by the Boca Raton-based Trex Management company that employed her as its executive assistant. Kenneth Modica, the owner of Trex, is Korinne’s father.

Knightsbridge, which is a community in the Polo Club in Boca Raton, consists of 80 homeowners. Its president, Brent Barash, grew suspicious when $1,000 quarterly checks from homeowners went missing in late 2017. He told investigators he was unsuccessful in his efforts to obtain a detailed accounting of the funds from Trex and its owner. The HOA obtained a $107,300 judgment against Trex and Kenneth Modica on Oct. 24, 2018. The judgment has never been paid.  Read more:

TEXAS – Family told by HOA that it’s ‘too soon’ to decorate for Christmas, ordered to take down display

Fox8 Cleveland:  Family told by HOA that it’s ‘too soon’ to decorate for Christmas, ordered to take down display

By Brittany Harris

November 12, 2019

SAN ANTONIO, Tx. (WJW) — A family is in shock after they were told by the homeowners association to take down their Christmas decorations.

“I was like, ‘Wow, that’s a first,’” Nick Simonis said in an interview with WOIA. “I was angry, because there’s a reason why we’re doing it.”

On Nov. 1, he set up a snowman, some reindeer and a Santa hanging from a helicopter in the front yard.

A couple of days later, he got a letter in the mail from the HOA notifying them of the violation.

It read in part, “Maintenance – Holiday Decorations Need To Be Removed. Please remove the snowman until closer to the holiday season.”

“They didn’t even clarify what day that is,” said Nick.

His wife Claudia is eight months pregnant, so they wanted to get an early start this year.

He said at this point they have no intentions of taking down the display.  Read more:

FLORIDA – Turnberry homeowners sue HOA board, management firm Turnberry homeowners sue HOA board, management firm

By Karla Ray

October 28, 2019

KISSIMMEE, Fla. – 9 Investigates learned an Osceola County Commissioner is calling on the Florida Department of Law Enforcement to investigate the homeowners association management company that hired an ex-cop-turned-felon to work inside a Kissimmee community.

Channel 9 has been covering the back and forth between people who live in the Turnberry Reserve neighborhood and Management 35 Firm, which manages the community on behalf of the HOA. Investigative reporter Karla Ray first exposed neighbors’ concerns in the community, and she learned some of those homeowners have now filed a lawsuit against the management company and current HOA Board.  Read more: