Author Archives: Beanie
NEVADA – Benzer, accused in HOA scheme, indicted on tax evasion charges
The accused mastermind of a massive scheme to take over homeowners associations was indicted by a Las Vegas federal grand jury Tuesday on charges of evading roughly $1.2 million in personal and company taxes. Leon Benzer, 46, a former construction company boss, is facing two counts of tax evasion and is being summoned to make an initial appearance on the charges later this month. He is accused of not paying the Internal Revenue Service $459,204 in personal taxes owed between 2001 and 2005, as well as $705,982 in employment and unemployment taxes between 2003 and 2004. The charges relate directly to Benzer’s alleged leading role in the scheme to take over 11 homeowners associations across the valley between 2003 and 2009.
Benzer used some of the $7.2 million in construction defect funds his company, Silver Lining Construction, received from the Vistana homeowners association for his personal use, the indictment alleges. He is accused of filing false financial forms with the IRS to conceal money and assets. Benzer and 10 others were indicted in January in the Justice Department’s final push to charge conspirators in the homeowners association corruption scheme. They are to stand trial March 3. Read more:
NEVADA – Key figure indicted in Las Vegas HOA scheme claimed Attorney General Masto approved his plan
Leon Benzer, the accused mastermind of a massive scheme to take over homeowners associations in the Las Vegas Valley, told federal authorities nearly two years ago that he once consulted with Nevada Attorney General Catherine Cortez Masto about his dealings. Benzer said Masto indicated during a “face-to face” meeting that she approved of his actions, according to a report of a 2011 debriefing authorities conducted with the former construction company boss. “Masto advised Benzer that she did not have problems with what he was doing, to which she added he had overzealous competitors,” Las Vegas police detective Robert Whiteley wrote after the meeting with Benzer. Whiteley and FBI Agent Mike Elliott are the lead agents in the long-running federal investigation into the takeover scheme, which occurred between 2003 and 2009. Read more:
MISSOURI – Residents wait more than 10 months to return after fire, say repair work shoddy and incomplete
by KMOV.com Staff
Posted on May 17, 2013
St. Louis — More than 10 months after fire destroyed several condos in St. Charles some residents are still out of their homes. The residents say the property manager continues to push back the move-in date and give them the run around. Management originally told residents they would be moved in by Thanksgiving of 2012. While some are still waiting to return home, others who have been able to move back in say the repair work is shoddy and incomplete.
For Debra Jahnke and her husband, the fire in their condo building last July was scary enough. But the 10 months since then spent living in a hotel room have been an even bigger struggle. “You could have built a brand new house in 10 months from the ground up,” she said. Scott Collins moved in back in in March and says the work on his condo is far from finished. Read more:
NATIONAL – Shu Bartholomew: So you want to go to arbitration
Before you propose giving away your last hope for a fair outcome to your legal entanglements with your homeowners association, listen to what others have to say about Arbitration and Mediation.
TEXAS – Xeriscaping bill passes House preventing HOAs from restricting drought-resistant landscaping
dallasnews.com: Xeriscaping bill passes House preventing HOA’s from restricting drought-resistant landscaping
The House on Friday approved a bill that would prevent homeowner’s associations from restricting drought-resistant landscaping, also known as xeriscaping. According to the bill by Sen. Kirk Watson, D-Austin, an association could require a plan for review or approval, but can’t unreasonably deny a landscaping design because it doesn’t fit with the other lawns in the neighborhood. The bill passed quickly and without debate on a voice vote. It will now go to the governor. Read more:
NATIONAL – Prof. Evan McKenzie: “The county wants to have it both ways”.
http://privatopia.blogspot.com/
Prof. Evan McKenzie:
Re:Loudon County seeks change in real estate law � Knoxville News Sentinel
“The county wants to have it both ways. It creates a private property taxation scheme by mandating the formation of residential private governments — homeowner associations — but then wants to exempt itself from those private assessments. If Loudon and other counties throughout the United States don’t want to be liable for the additional layer of property taxation that they themselves have put in place, then they need to revisit their policies that require private financing and governance of residential developments via mandatory HOAs.”
Thursday, May 16, 2013 –
FLORIDA – Converting house to assisted living facility upsets some Belle Isle residents
TEXAS – HOA, resident go to court in flagpole dispute
By Cindy George
May 18, 2013
The relationship between homeowner association boards and residents of the communities they oversee can be contentious. And then, there’s the legendary level of toxicity. Neighbors take sides. Camps form. Community bulletin boards and Facebook posts turn nasty. And, in the case of the Forrest Lake Townhouse Association’s meeting this week, it took a Houston Police Department officer to help resolve a conflict. The northwest Houston neighborhood’s private discord leapt into the public arena recently when the HOA sued homeowner Billy B. Martin for placing a flagpole on a cantilever protruding from his porch.
Martin, 65, claims he was targeted after hounding HOA leaders about a tattered clubhouse flag. After that was replaced, he said association board members told him to remove his flag because it was infringing on the common area or risk $200-a-day fines for attorney’s fees and civil damages. He disagreed with their assessment and refused to dismantle his display. The association sought a permanent injunction in December. That’s when Martin, in protest, began flying his flag upside down.
According to the lawsuit, the pole is “a violation of the general scheme and plan for the development and building in the subdivision.” The filing claims that Martin’s “actions are intentional and/or negligent invasions” into property owned by the HOA and its members and that his display “substantially interferes with their use and enjoyment of the land and it is unreasonable under the circumstances.” The petition also asserts that the community of more than 200 two-story townhouses will suffer diminishing rental or market values if the pole stays.
TENNESSEE – TN bill would pass foreclosure fees to neighborhoods
Now, a newly proposed bill would make Tennessee the first state in the country to give that bill to you and your neighbors instead. Read more:
TEXAS – San Antonio homeowner says HOA sued him $200,000 over ‘ridiculous’ violations
by Phil Anaya / KENS 5
May 3, 2013
A northwest San Antonio resident is being sued by his homeowners association for hundreds of thousands of dollars in violations he calls “ridiculous”. “We’ve lived in this community going on 18 years,” said David Moore who lives in the 14000 block of Cougar Creek. In all that time Moore said he’s never had a problem with HOA until about 2 years ago when the management company for The Huntington Place HOA started to enforce the HOA’s rules. “This HOA has gone to an extreme and past what a reasonable man would do,” said Moore. Moore said he’s been cited for not cutting his grass enough, his blinds and even for a small cat door built into his garage 17 years ago. Read more:
HOA Reform Coalition 