Author Archives: Beanie

FLORIDA – Residents torn over proposed homes on old Delray golf course

CCFJ.NET:  Residents torn over proposed homes on old Delray golf course

Article Courtesy of The Sun Sentinel

By Paul Owers

Published September 25, 2016

About 600 people turned out Wednesday to hear a developer’s pitch to build a housing community on a former golf course at the Villages of Oriole, west of Delray Beach.

Miami-based 13th Floor Homes wants to build 528 units in a gated development called Avalon Trails. The mix would include 108 single-family homes, 180 townhomes and 240 condominiums or rentals.

The developer insists the project would enhance Villages of Oriole and improve property values, though some residents are concerned it would block views and disrupt their quality of life.

Mike Nunziata, division president for 13th Floor, estimated the new homes would be priced from the $200,000s to the $500,000s. He stressed that Avalon Trails would remove the uncertainty surrounding the land and bring fewer than half of the 1,200 units that are approved for the 107-acre site now.

“We think this truly is the best option for all involved,” he told the crowd gathered at the clubhouse at Huntington Lakes within the Villages of Oriole.

The 55-and-older community off Atlantic Avenue near Florida’s Turnpike is made up of 3,742 condos, townhomes and villas.

Some residents who oppose Avalon Trails said the land should be preserved.  Read more:

CALIFORNIA – Embezzler pleads no contest: Former Woodlake homeowners’ association manager faces about three years prison

THE DAILY JOURNAL:  Embezzler pleads no contest: Former Woodlake homeowners’ association manager faces about three years prison
By Samantha Weigel
September 28, 2016

The former manager of San Mateo’s Woodlake condominium homeowners’ association accused of stealing $2.8 million could serve more than three years in prison after pleading no contest to embezzlement charges.

Nearly three years after residents were first tipped off that their HOA leader was stealing from them, Susan Marie Lambert pleaded no contest Tuesday to felony embezzlement and felony forgery charges, as well as an enhancement charge that she stole more than $500,000, according to prosecutors.

Lambert and her alleged co-conspirator Michael Anthony Medeiros have been accused of taking an estimated $2.8 million from homeowners at the 990-unit Woodlake condominium complex near Peninsula Avenue and Delaware Street.

On Monday, the cases were separated and, on Tuesday, Lambert, a 65-year-old Fremont resident, pleaded no contest on the condition she receive no more than three years and four months in state prison, said District Attorney Steve Wagstaffe.

Medeiros is slated to face a jury in February and has been out on $1 million bail. Read more:

FLORIDA – Fla. App. Court (2ndDCA) Holds Non-Party HOA Not Subject to Foreclosure, HOA Lien Not Limited

LEXOLOGY:  Fla. App. Court (2nd DCA) Holds Non-Party HOA Not Subject to Foreclosure, HOA Lien Not Limited
By Maurice Wutscher LLP
September 26, 2016

The District Court of Appeal of the State of Florida, Second District, recently reversed a summary judgment in favor of a mortgagee in two consolidated actions for declaratory and injunctive relief regarding the extent of the mortgagee’s liability for unpaid homeowners association assessments, holding that the trial court erred because the homeowners association was not joined as a party, and therefore its liens remained unaffected by foreclosure of the mortgages.

The Court pointed out that the only remedies available to a purchaser such as the mortgagee was to move “to compel redemption or filing a de novo action to re-foreclose.”

A copy of opinion is available at:  Link to Opinion.

The servicers of mortgage loans on two properties subject to a recorded homeowners association’s declaration of covenants, conditions and restrictions sued to foreclose. The HOA, which had recorded liens for unpaid assessments against the subject properties, was not named as a party in either action.

Final judgments of foreclosure were entered and the first-lien mortgagee was the highest bidder at the foreclosure sales. It then requested an “estoppel letter” from the HOA setting forth the amount owed for unpaid assessments.  Read more:

FLORIDA – Miami-Dade launches first blow in fight against condominium fraud

Miami Herald:  Miami-Dade launches first blow in fight against condominium faud
By Enrique Flor
September 20, 2016

Miami-Dade police launched their first blow in the fight to end local condominium fraud with the arrest Tuesday of a former accounting assistant accused of stealing thousands of dollars from the condo community.

Leslie Navarro, accused of stealing $148,000 from the Hammocks proprietors’ association, a popular residential area in Kendall, was arrested early on Tuesday by a newly created special police unit. She was charged with first-degree grand theft and organized crime to defraud more than $50,000.  Read more:

FLORIDA – CityPlace S. Tower rushes to fix roof tiles at WPB condo

CCFJ.NET:  CityPlace S. Tower rushes to fix roof tiles at WPB condo
The cost of the redo? A whopping $3.2 million.

Article Courtesy of The Palm Beach Post
By Alexandra Clough

Published September 19, 2016

CityPlace South Tower’s roof tiles are loose and falling off, only eight years after the luxury West Palm Beach condominium was built.

Residents of the 420-unit condo are scrambling to replace the tiles before they fall and hit someone or something around the Okeechobee Boulevard tower near a major retail and entertainment complex — or become dangerous projectiles in a wind storm. Read more:

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

FLORIDA – Logic goes out window when association trashes flowers?

CCFJ.NET:  Logic goes out window when association trashes flowers?

Article Courtesy of The TC Palm

By Laurence Reisman

Published September 23, 2016

Steve Glaser HAD the nicest yard in his neighborhood. His Realtor even said so.

“You had the nicest landscaped property in Bradford Place with amazing curb appeal,” Jill Arsenault wrote Glaser. “How did you go from the nicest home in the community to what it is today? We certainly need to lower your asking price.”

What happened had nothing to do with excessive summer rain, fire or armadillos. Landscapers hired by Glaser’s homeowners association yanked out marigolds, impatiens, begonias and more — including staghorn ferns, gifts from his father. Glaser said he got wind of the destruction only after he heard his dogs barking at the crowd outside.

“I went from the nicest property to the worst,” said Glaser, 60, a longtime professional photographer who moved to the gated community of attached homes off Oslo Road, Vero Beach, in January 2014. He’d brought with him numerous flowers and plants from his Broward County home. Combined with other plants he bought locally, about $4,000 worth of landscaping was removed and dumped.  Read more:

PENNSYLVANIA – Finally, One CAI Member Gets It Right!

NEIGHBORS AT WAR:  Finally, One CAI Member Gets It Right!
By Ward Lucas
September 19, 2016

This letter to the editor of a Pennsylvania newspaper by a CAI member is terrifying. He doesn’t use the words ‘fascist’ or ‘communist’ but it’s a pretty wild look at what homeowners have done to themselves by buying into the concept of Homeowners Associations. This country has essentially sold its soul to the devil. We have created a parallel system of government which has no controls, no ethics, no honesty. It’s a system of trial lawyers, by trial lawyers, and for trial lawyers. Homeowners have no access to traditional Constitutional rights. And the concept of true home ownership is a thing of the past.

(read it and weep) 

ARIZONA – Prescott man charged with embezzling $250K

The Daily Courier:  Prescott man charged with embezzling $250K
By Scott Orr
September 22, 2016

PRESCOTT – The president of the Liberty Management Group was arrested Wednesday, Sept. 21, and charged with embezzling more than $250,000 over 10 years from The Mountain Club, which, until Sept. 1 had been a long-time client of Liberty.

Joshua S. Lethbridge, 49, was taken into custody and charged with multiple felonies including fraudulent schemes and artifices, nine counts of falsely making a written instrument, and six counts of theft with intent to deprive of property.

According to a memorandum from The Mountain Club’s board of directors, obtained by The Daily Courier, “The Board met with the principal of Liberty Management Group on Sept. 2, 2016, and were told that over $250,000 had been embezzled from The Mountain Club … over the course of a decade,” the memo said.  Read more:

CALIFORNIA – A Leaning Tower in San Francisco

The New York Times: California Today: A Leaning Tower in San Francisco
Mounting Concern for Property Values
By Mike McPhate
September 14, 2016

Thomas Fuller, the San Francisco bureau chief for The New York Times, provides today’s introduction with news in the case of the sinking Millennium Tower.

For years, San Francisco was a famously low-rise city. Then came the tech boom and the race was on to build the glass and steel edifices that populate the world’s great cities. But in earthquake-prone San Francisco there’s a catch: many of the city’s new skyscrapers are concentrated in a neighborhood of squishy land reclaimed from the bay.

Read more:

NEVADA – HOAs, foreclosures and property rights

Las Vegas Review Journal: HOAs, foreclosures and property rights
September 17, 2016
By Nona Tobin

Your Sunday editorial, “Super liens: What about property rights?” really missed the mark. It was easy for you to make the same mistake the courts are making because that’s how the big money players have set the stage. The banks, the debt collection companies and the vulture investors have framed the issue in the courts to focus on super-priority details so they can completely obfuscate how they have been victimizing both the homeowners and the HOAs.

Your editorial opined: “But the bank sued, arguing convincingly that the HOA has no right to confiscate its asset.” The bank’s asset? Really? What about the homeowner? The house isn’t the bank’s asset. It belongs to the homeowner, who is the equitable title holder, until there is a legal foreclosure.

It might surprise you that many of these houses that went to HOA foreclosure sales were houses that the banks couldn’t foreclose on because they couldn’t meet the standard of Nevada’s 2011 robo-signing law designed to prevent foreclosure fraud caused by banks recording false affidavits about who actually owned the debt.

It might also surprise you to know that the property rights of the homeowners who lost their houses to HOA foreclosures were violated when their homes were taken without due process.

It might also surprise you to know that the debt collectors are often the same companies that manage the HOAs and have set up a self-serving system whereby the HOA board decides to foreclose without notifying the homeowner or giving him a chance to have an open hearing. Then, once the HOA sale is going to happen and the bank and the homeowner haven’t been told when, the debt collection company sells it and keeps all the excess proceeds after giving the HOA the legal minimum of nine months back dues.

Lot of property rights violated before you even get to the banks, I’d say. Read: