Author Archives: Beanie

FLORIDA – Residents clash with homeowners association over $133K paint job

CCFJ.NET:  Residents clash with homeowners association

over $133K paint job
Article Courtesy of Channel 7 News – Miami
By Patrick Fraser
Published January 24, 2019
Residents are battling their association for an assessment they don’t want and some can’t
afford – like the government worker furloughed by the partial shutdown.  Can the majority 
of residents stop their board?  There are ways, as we see in tonight’s Help Me Howard
with Patrick Fraser.
When the government started furloughing employees, federal workers like Susan Graziano
feared what she would face without a paycheck.
Susan Graziano: “Paying my mortgage, paying electric, food for my family. I’m going to have
to call my creditors and tell them, ‘Hey, I don’t have the money.'”
But instead of her expenses decreasing, Susan’s are increasing because of her association.
Susan Graziano: “They are now assessing us $133,000 worth of painting.”
Michelle Hull: “People are angry. They’re very upset.”
Upset because to pay for that $133,000 paint job, homeowners like Susan and Michelle
say they were told they have to pay a special $245-a-month assessment for the next
12 months – on top of their regular $300-a-month association fee.
Susan Graziano: “And now, with this shutdown and people not expecting paychecks, it’s
not good.”
Homeowners went to the board meeting to try to stop the painting, since it’s cosmetic and
doesn’t have to be done now.
Susan Graziano: It’s the board members who make the decisions.  They’ve shut us down. 
They’ve told us they don’t want to hear from us.”
Michelle Hull: “They are nightmares.  It’s a nightmare.”
The homeowners then put together a petition signed by more than half the residents
trying to stop the board from nearly doubling their association fee at this time.
Michelle Hull: “And still didn’t listen, and they still went ahead with the assessment.”
Read more:

TEXAS – Condominium Developers in Texas Can Protect Themselves from Future Lawsuits Through the Use of Declarations Condominium Developers in Texas Can Protect Themselves from Future Lawsuits Through the Use of Declarations

Written by Baker Donelson
January 15, 2019

A Texas court recently affirmed the dismissal of construction defect claims by a residential condominium unit owners’ association because it lacked standing to assert claims against the developer, general contractor, and subcontractors of a new high-rise project in Houston. The case involved a high-rise, multi-residential, and retail development with alleged construction defects in the windows and resulting damage from water intrusion into some of its approximately 400 condominium units. The owners’ association brought suit against the project developers, the general contractor, and the window subcontractor, alleging negligence, negligent misrepresentation, breach of implied warranty, breach of fiduciary duty, and violations of the Texas Deceptive Trade Practices Act arising from the alleged defects.

The defendants won dismissal by arguing that Section 82.102(a)(4) of the Texas Property Code did not confer standing on the owners’ association to bring its claims because the statute expressly excepts any actions prohibited by a condominium’s declaration. For this development, the condominium declaration prohibited the owners’ association from bringing claims based on alleged defects in the condominium units or common elements. The defendants also asserted that the owners’ association lacked common law standing because it did not own, and had no interest in, the units or common areas, and thus suffered no injury from the alleged construction defects.  Read more:

FLORIDA – Stoneybrook West Residents Blindsided by Golf Course Closure  Stoneybrook West Residents Blindsided by Golf Course Closure

WINTER GARDEN, Fla. — Residents of the Stoneybrook West Golf Community are upset after seeing their golf course close its doors.
  • Golf course at Stoneybrook West closed its doors in December
  • HOA says course did not tell group they were closing
  • HOA meeting to gameplan how to make a bid to buy the course 
The Home Owners Association says the course didn’t even tell them what its plans were or that they were closing.
Sean Hooke who lives off the sixth hole of the golf course is now wondering what the closure means to homeowners like him.
“The reason we moved in to this community was the golf course,” Hooke said. “It’s a beautiful golf course, along with the amenities with it,
so it impacts us especially if we live on the golf course.”  Read more:


CALIFORNIA – HOA embezzler to get three years, four months prison

HOA embezzler to get three years, four months prison

Judge expresses the intent to sentence woman who stole $2.8M from Woodlake Condominium Association

  • January 11, 2019


More than five years after a scheme to embezzle some $2.8 million from the San Mateo Woodlake Condominium Association between 2007 and 2013 came to light, the HOA’s former manager learned she will be sentenced to three years, four months in state prison Thursday, according to the San Mateo County District Attorney’s Office. 
Though Susan Lambert, 58, was set to be sentenced for her felony convictions Jan. 10, Judge Elizabeth Lee indicated she would impose a prison sentence of three years, four months in state prison and order restitution of $2.84 million to the victims Feb. 13 after Lambert’s defense attorney George Eshoo allegedly asked for a delay in his client’s surrender date so she could get her affairs in order, according to prosecutors.  Read:

NORTH CAROLINA – Jervay Developer Promises Homeowner Involvement in HOA Meeting by Early Spring

Port City Daily:  Jervay Developer Promises Homeowner Involvement in HOA Meeting by Early Spring
Telesis Founder and President Marilyn Melkonian answered questions about Jervay Communities, including clarifying what the HOA is and who is a member, what happened to HOA fees, and what’s next for the development.
By Benjamin Schachtman
January 10, 2019
WILMINGTON — The developer that owns and maintains much of the public-private Jervay Communities housing development is addressing the issue of the neighborhood’s homeowners association, and the fees it has charged for over a decade, answering questions in an attempt to clarify the situation.
Last month, Port City Daily reported that numerous homeowners had been paying homeowners fees to Telesis, the developer, for as long as a decade, but had never seen an HOA materialize — this despite Jervay’s founding documents, which call for an elected board and elections including all homeowners.
Public records and interviews with the Wilmington Housing Authority (WHA), showed this has been an issue dating back to the community’s founding; WHA CEO Katrina Redmon also confirmed that Telesis maintained an escrow account with HOA fees in it.
Many questions remained about what had happened to the HOA fees and what the status of the HOA was – and what it was legally required to be.
This week, Telesis Founder and President Marilyn Melkonian answered some of those questions.  Read more:

North Carolina – Developer Charged Wilmington Residents Thousands for HOA That Doesn’t Really Exist. So Where’s the Money?

Port City Daily:  Developer Charged Wilmington Residents Thousands for HOA That Doesn’t Really Exist.  So Where’s the Money

Telesis is a for-profit developer that specializes in public-private housing projects; through its management company, Telesis allegedly charged residents of Wilmington’s Jervay Communities tens of thousands of dollars in HOA fees, but never formed a proper HOA with resident board members, meetings, or transparency on how the fees were being spent.
By Benjamin Schachtman
December 20, 2018
WILMINGTON — Residents of Jervay Communities say they are still looking for answers after over ten years, and thousands of dollars spent on residents’ association fees — despite the fact that the Jervay HOA only exists on paper.
According to interviews and email records from the Wilmington Housing Authority (WHA), not all residents were charged the HOA fees, but those that did paid thousands of dollars between 2006 and 2012 years. The same emails show WHA at one point promised refunds — but, to date, haven’t been able to get Telesis, the private for-profit developer who owns Jervay, to the table.  Read more:

FLORIDA – Resident Says HOA Restricted Family from Having FEMA Trailer

CCFJ.NET:  Resident Says HOA Restricted Family from Having FEMA Trailer

Article Courtesy of  My Panhandle,com
By Megan Myers  
Published December 22, 2018
ALLANTON – Hurricane Michael damaged hundreds of homes in the Panhandle.
 Now, some residents are receiving FEMA trailers while they repair their property. 
“I’m hoping to have somewhere to live, I’m hoping to have somewhere to stay,” said Brylecia Micalin, Bay County resident.

A FEMA trailer has been set up on Micalin’s property so that her family will have a place to stay while her home is being repaired. As the trailer was being installed by FEMA, she said the Keep Sandy Creek Beautiful Home Owners Association stopped by.

“They said the trailer wasn’t allowed, I asked them three times in a row are you sure I can’t have this trailer, and they said I’m sorry the rules are the rules,” said Micalin. The association president says he did get involved and asked the FEMA workers for a permit.

“Well they could not produce a permit, later on we found out there was one,
 so we have no problem with the trailer being placed in the lot once we found out
 it was a FEMA trailer,” said Pot Ross, HOA president.

A developer who recently purchased several properties in the area contacted the HOA.

“He was worried that a trailer in the neighborhood would devalue the property that he’s

 about to construct,” said Ross. Normally the HOA does not allow trailers.  Read more:

FLORIDA – With Underwater HOA, A Florida Village Faces Its Sinking Future

CCFJ.NET:  With Underwater HOA, A Florida Village Faces Its Sinking Future

Article Courtesy of Forbes Media
By Lena Katz
Published December 10, 2018
While most Art Basel participants and artists enjoy the beautiful weather and sea views without a care, Miami residents can’t help but observe the sea with more trepidation every year. Last year, some were still recovering from the hurricane. Miami Beach is still dealing with a nasty proliferation of thick, smelly seaweed– brought in from the Bahamas by last year’s hurricane swells. Red Tide came dangerously close to Miami Beach, and only by the grace of a higher power did Hurricane Michael miss South Florida. So, as much as developers try to pretend that climate change is a non-issue, anyone who’s here for more than a party has spent some time worrying about Miami’s precarious position.
The Village of Pinecrest, an upscale residential neighborhood far from the hectic Basel hot zones, would like to get visitors’ attention via a community-wide participatory art project entitled Underwater HOA. Through markers placed by residences on the community’s 6000 houses and an art exhibition by environmental artist Xavier Cortada, this typically non-exhibitionist town is inviting the rest of the world to get a glimpse of its future.

Obviously, the laws of physics and safety won’t allow for a town to submerge itself in actual liquid or even any type of colored smoke for an extended period of time. So visitors will not see a community that looks actually underwater. Instead, each resident was invited to come pick up a marker, numbering 0 through 17. This number indicates the home’s elevation above sea level (data can be found at – a partner in the project). Residents can also make their own markers. Then, residents place the marker on the front of their home to show exactly how many feet the sea would need to rise to submerge their house. Read more:


FLORIDA – D.R. Horton Left Defects, Cash-Strapped Miami-Dade Association Lawsuit Says.

Daily Business Review: D.R. Horton Left Defects, Cash-Strapped Miami-Dade Association Lawsuit Says.

The Mandarin Lakes community claims it is more than $1.8 million in debt because of D.R. Horton failures on assessment collections and utility arrears
By Lidia Dinkova
December 7, 2018
Home construction giant D.R. Horton Inc. is accused in a lawsuit of failing to pay its association dues, enforce collections and report the deficit to residents of one of its Miami-Dade County communities.
The complaint alleged the homebuilder wanted to avoid liens and foreclosures that would reduce prices and hurt company profits.
The Arlington, Texas-based company built Mandarin Lakes with 875 single-family homes and townhouses along Southwest 140th Avenue between Florida’s Turnpike and U.S. Highway 1 near Homestead.
D.R. Horton managed the community by appointing employees to the homeowner association board from 2004 to 2014, according to the Nov. 30 complaint filed in Miami-Dade Circuit Court.
The developer retained control because it hadn’t sold 90 percent of homes, said attorney John Arrastia, who filed the case against D.R. Horton. He is a partner at Genovese Joblove & Battista in Miami.  Read more:


NEVADA – Residents poke fun at Somersett Owners Association for demanding Christmas decor come down

RENO GAZETTE JOURNAL:  Residents poke fun at Somersett Owners Association for demanding Christmas decor come down

By Siobhan McAndrew
December 4, 2018

Dan Rowan’s suspects Elf on the Shelf may be to blame for the holiday decorations that violate his homeowner’s association.

Rowan, a local optometrist who lives on Deerbrook Court in Somersett,  received a letter informing him that his holiday decorations had to come down. Rowan and neighbor Tierra Bonaldi, added the 6 foot by 10 foot inflated JOY sign near their homes and an inflatable Santa and mailbox, where kids can send letters to St. Nick, in the roundabout in front of their homes.

The HOA violation says people can’t landscape or add improvements (including Christmas decorations) to a common area in the upscale community in Northwest Reno unless they have written permission from the association.

“Please remove the decorations,” the note from the HOA said.  Read more: