Author Archives: Beanie

FLORIDA – Sarasota nightclub owner sues condo over complaints

Herald-Tribune:  Sarasota nightclub owner sues condo over complaints
By Ian Cummings
Thursday May 15, 2014

SARASOTA – A simmering feud between a downtown club owner and a nearby condo association is headed for court. As promised earlier this year, Ivory Lounge owner Ambrish Piare has filed a lawsuit against the Plaza at Five Points Condominium Association, claiming the group has gone too far in trying to get his business shut down.  Read more:

FLORIDA – Six plead guilty in condo fraud scheme

South Florida Business Journal:  Six plead guilty in condo fraud scheme
By Shaun Bevan
May 16, 2014

Six Miami residents, including three former loan officers, pleaded guilty this week to participating in a fraud scheme that sold condo units to straw buyers, causing millions of dollars in losses to lenders.

Leidy Masvidal, 42, of Miami pleaded guilty to conspiring to commit bank fraud. Alfredo Jesus Chacon, 48, of Orange Park, and Francisco Martos, 63, and Dorian Wong Magarino, 49, both of Miami, also pleaded guilty today to conspiring to commit wire fraud and mail fraud.  Read more:

NEW MEXICO – Homeowners’ associations face rules changes

Albuquerque Journal:  Executive Desk: Homeowners’ associations face rules changes
By Gordon H. Rowe III
May 12, 2014

Many New Mexicans only get involved in their homeowners’ association by attending the annual potluck picnic and membership meeting, where the biggest issue is why the single tray of enchiladas is gone long before the overcooked hotdogs. That’s all going to change this summer.

Under a new law, all homeowners’ associations in New Mexico will be required to file a public notice and detailed disclosure statement each time a property is sold. What’s more, if the homeowners’ association fails to comply with these requirements, it could subject individual board members to civil liability.

Since statehood, homeowners’ associations were largely unregulated organizations governed by private contracts of recorded covenants, declarations and deeds. Thus, homeowners’ associations could pretty much create their own rules and regulations, sometimes called restrictive covenants.  Read more:

NEVADA – 4 Defendants in Las Vegas HOA case strike deals to plead guilty

Las Vegas Review-Journal: 4 Defendants in Las Vegas HOA case strike deals to plead guilty
May 13, 2014

Four defendants charged with Leon Benzer, the alleged mastermind of the scheme to take over Las Vegas-area homeowners associations, have struck deals to plead guilty next week in federal court. Ricky Anderson, Maria Limon, and brothers Jose Luis Alvarez and Rudolfo Alvarez-Rodriguez were among 11 people, including Benzer, indicted by a federal grand jury last year in the Justice Department’s final push to charge conspirators in the massive fraud scheme.

Their deals follow a February plea agreement by co-defendant Barry Levinson, 47, a suspended attorney facing disbarment. The agreements leave Benzer, 47, a former construction company boss, and five co-defendants left to stand trial Oct. 6 on conspiracy and fraud charges in the high-profile HOA case.

On Monday, lawyers for five of the six remaining defendants signed an unusual stipulation with prosecutors agreeing to view new evidence prosecutors want to turn over to the defense under a protective order keeping the evidence secret. Read more:

FLORIDA – Proposed $2.4 Million Condo Lobby Renovation Sets Off Melee in Midtown

Miami New Times:  Proposed $2.4 Million Condo Lobby Renovation Sets Off Melee in  Midtown
By Michael E. Miller
May 15, 2014

“People should either be caressed or crushed,” Niccolò Machiavelli once wrote. “If you do them minor damage they will get their revenge; but if you cripple them there is nothing they can do.”

Seth Cohen clearly did not get the civics lesson. In summer 2012, the then-43-year-old New Yorker went South Florida apartment shopping. After much deliberation, he dropped $1.5 million on a 4,000-square-foot penthouse in the hottest spot in town: Two Midtown Miami. Then he put his name on the ballot for condo association president and won. Cohen had instantly become prince of the 5-year-old tower, with its white walls, turquoise pool, and trendy restaurants. Machiavelli would have approved.  Read more:

FLORIDA – North Palm Beach condo sued for kicking out family after twins born

ccfj.net:   North Palm Beach condo sued for kicking out family after twins born

Article Courtesy of The Palm Beach Post

By Jane MusgraveMay 13, 2014

WEST PALM BEACH — The birth of twins was supposed to be a joyous occasion for Adam and Amira Beck.  Instead, the North Palm Beach couple was told that having the extra children put them in violation of the rules at the Royale Harbour condominium complex and that they would have to move out. Calling the condo association’s action an “outrageous” violation of federal housing laws, the Fair Housing Center of the Greater Palm Beaches this week sued the condo board and its management company.  “It’s an outrage that 46 years after the federal Fair Housing Act was signed into law that we still see this kind of discrimination,” said Vince Larkins, president and CEO of the nonprofit group.

 

Condo association officials weren’t immediately available for comment. Miami Management, which oversees the condo, declined comment.  Read more:

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

CALIFORNIA – Chuck Yeager, wife, must pay $43,150 in homeowner association dispute

The Sacramento Bee:  Chuck Yeager, wife, must pay $43,150 in homeowner association dispute
 …Yeagers were pleased because the ruling doesn’t force them to join the homeowners association.
By Andy Furillo
May 14, 2014
 
A Sacramento judge has ordered retired Air Force Brigadier General Chuck Yeager and his wife to pay a homeowners association $43,150 in fees. Superior Court Judge Judy H. Hersher issued her final decision on Monday after a court trial earlier this year in a lawsuit filed by the Park River Oak Estates Homeowners Association against the renowned test pilot.The suit that was filed in 2008 charged that Yeager, 91, and his wife, Victoria, 55, hadn’t paid their association fees on two units they own in a townhouse complex near Garcia Bend Park.  Read more: 

CALIFORNIA – Residents question HOA manager’s leave, salary

ABC10News: Residents question HOA manager’s leave, salary

who approved Smith’s $300,000 salary in the first place?
By Melissa Mecija
May 9, 2014
RANCHO SANTA FE, Calif. – Some Rancho Santa Fe residents are questioning the manager of their homeowners association after he suddenly took leave, and then retired. Pete Smith raised more eyebrows after he told the Rancho Santa Fe Review he was training for marathons and triathlons — all while on sick leave. “There are a lot of issues that have come up about transparency and governance,” resident Terry Peay said.Terry Peay has lived in Rancho Santa Fe with his family for three years. He said Smith’s salary comes from their dues. “We’re paying the dues. We ought to be entitled to be getting this kind of information, particularly when it comes to financial packages and compensation,” Peay said.

NORTH CAROLINA – Homeowner involved in HOA dispute over handicap lift turns to ABC11 Troubleshooter

WTVD-TV:  Homeowner involved in HOA dispute over handicap lift turns to ABC11 Troubleshooter
May 11, 2014
By Diane Wilson
A homeowner who found herself in a dispute with her homeowner’s association over a handicap lift turned to the ABC11 Troubleshooter for help. Rebecca Cunningham was told she needed to paint her handicap lift or face fines. HOA’s have all kinds of powers, but this was one change Cunningham was not willing to make.The handicap lift has been the same color since it was installed four years ago at Cunningham’s Triangle home. “They want it to be the same color cream as the porch,” said Cunningham, “even though it wasn’t the same color blue as the porch for four years.”   Read more:

TEXAS – RR Woman Locking Horns With HOA Over Texas Landscaping

KEYETV.com:  RR Woman Locking Horns With HOA Over Texas Landscaping
May 9, 2014
By Alex Boyer

Round Rock – Tucked away inside a Round Rock subdivision is an ordinary home. Nothing necessarily stands out except for maybe the landscaping. “I didn’t want a boring circle or square because everyone has those and this is Texas,” said homeowner Lee Steele. So Steele decided to go big.  The 65-year-old retired accountant designed a pebble garden in the shape of Texas.  She bought a bunch of colored pebbles to fill it in. “I got 42 bags of red and 38 of blue,” recalled Steele. But before her vision was complete the homeowner’s association sent her a notice telling Steele to stop.

“They’re picking and choosing what you’re allowed to do and I just feel that’s not fair,” added Steele. And Steele believes she has the pictures to prove it. She snapped several photos of front lawns in her neighborhood Steele believes should also be flagged by the HOA.  Read more: