Author Archives: Beanie

NEVADA – Vegas HOA crime kingpin Leon Benzer sentenced to 15 1/2 years in prison

Las Vegas Review-Journal:  Vegas HOA crime kingpin Leon Benzer sentenced to 15 1/2 years in prison
By Jeff German
August 6, 2015

Former construction company boss Leon Benzer, the man behind the massive scheme to take over and defraud Las Vegas-area homeowners associations, was sentenced Thursday to 15 ½ years in federal prison.

U.S. District Judge James Mahan also ordered Benzer to serve five years of supervised release after prison and pay $13.4 million in restitution.

Benzer, 48, who pleaded guilty to conspiracy, fraud and tax evasion charges, is to surrender to prison authorities Nov. 6.

He was among the last of 39 defendants to be sentenced in the largest known public corruption case in Southern Nevada. Three defendants died, one by suicide and two by natural causes, before they could be sentenced.

In handing out Benzer’s sentence, Mahan said the best advice Benzer got from his lawyer, Daniel Albregts, was to plead guilty in the long-running case in January.

That prompted Mahan to hand out a lighter sentence than the nearly 20 years Justice Department lawyers had sought.

“It was mind-boggling — the corruption,” Mahan said. “This whole thing was really very unsettling. The scope of it, the scale of it was absolutely astounding.”

Benzer appeared to be on the verge of fainting after Mahan ordered him to prison. He was allowed to walk back to the defense table, where he staggered for a moment before sitting down.

Benzer did not address Mahan in court, but provided the judge with a letter apologizing for his actions and explaining that he feels “completely lost” in the aftermath of the FBI-led investigation.  Read more:

TEXAS – HOA Threatens Lawsuit over Energy-Efficient Shingles

KEYETV.com: HOA Threatens Lawsuit over Energy-Efficient Shingles
By Melanie Torre
August 6, 2015
A Round Rock couple has been threatened with a lawsuit because of the new, white shingles on their house. The heavy rain in May, particularly on Memorial Day, damaged their roof. When given the option of buying more energy efficient Energy Star shingles, they took the roofing company up on the offer. Now, their homeowner’s association could take them to court.
Homeowner Susan Hu says picking the more energy-efficient option for her new roof was easy. “The material itself will last longer because it doesn’t get as hot. It can cut our energy bill by 15 percent,” Hu explains.

However, not long after the new roof went up, Hu and her husband, Mike Landrus, got a cease and desist letter from lawyers on behalf of their HOA. The letter says, the white shingles aren’t allowed “without approval of the Architectural Control Committee.”

“We chose those Energy Star shingles without realizing our HOA doesn’t like it,” Hu says.

She and Landrus admit, they should have revisited those bylaws they got when they bought their Sendero Springs home more than a decade ago.  Read more:

NATIONAL – Courts, States Continue to Wrestle with Homeowners Associations Liens

JDSUPRA BUSINESS ADVISOR: Courts, States Continue to Wrestle with Homeowners Association Assessment Liens
By Kenneth Jarin, Joseph E. Lubinski, Abran Vigil, Roger Winston  – Ballard Spahr LLP
August 3, 2015
The circumstances under which a condominium or homeowners association (HOA) lien for unpaid assessments may wipe out a lender’s mortgage lien continues to evolve across the country. As noted in our previous alerts regarding assessment lien priority cases in Nevada and Washington, D.C., the relative priority of these assessment liens, vis-à-vis mortgage liens, continues to have significant impact on lenders, associations, and consumers and potentially impacting the cost and availability of mortgage loans for homes within HOAs.Ruling on FHFA Priority

New questions regarding the statutory lien priority provided to HOA assessment liens arose out of several 2014 court rulings holding that an HOA could foreclose an otherwise first priority mortgage lien, in some cases even if the mortgage lender received no notice of the foreclosure action. While litigation surrounding the bounds of this principle continues in several states, several federal agencies have asserted that interests in a mortgage held by a government agency are not susceptible to being wiped out without the federal government’s consent pursuant to the Property Clause of the U.S. Constitution. This position was successfully argued on behalf of HUD’s interest in insured mortgages, in Washington & Sandhill Homeowners Ass’n v. Bank of America, Case No. 2:13-CV-01845- GMN-GWF.

Taking the federal interest preemption argument one step further, the Federal Housing Finance Authority (FHFA), as conservator for Fannie Mae and Freddie Mac, has argued in several cases that mortgages held by Fannie Mae or Freddie Mac are entitled to similar protection under the Property Clause. In short, FHFA argues that (a) the FHFA is an agency of the federal government whose property interests are subject to protection under the Constitution; (b) FHFA’s role as conservator for Fannie Mae and Freddie Mac creates a federal property interest in the assets of Fannie Mae and Freddie Mac; and (c) therefore, mortgages held by Freddie Mac and Fannie Mae may not be foreclosed as part of an HOA’s assessment lien foreclosure without the consent of the FHFA.  Read more:

NEVADA – Homeowner Wins $614,000 Judgment Against HOA Collection Companies

NEWS UNITED:  Homeowner Wins $614,000 Judgment Against HOA Collection Companies
…violations of the Fair Debt Collection Practices act and Civil Racketeering
LAS VEGAS, Aug. 3, 2015 /PRNewswire/ — A Nevada jury awarded a homeowner $466,000 plus her attorneys fees and costs for a total judgment of $614,091.04 against two HOA collection agencies for violations of the Fair Debt Collection Practices act and Civil Racketeering. The homeowner, Melinda Ellis, is represented by Mark J. Bourassa of The Bourassa Law Group.

The homeowner owned property in Washoe County, Nevada that was part of the Arrowcreek homeowner association. After a dispute arose between the homeowner and the association, defendants Alessi Trust Corporation, and its successor, Alessi & Koenig, LLC pursued collection of HOA dues and substantial additional fees and costs. The defendants’ collection tactics included filing multiple liens and threats to foreclose on the homeowner’s property. The homeowner subsequently filed the lawsuit, entitled Melinda Ellis v. Alessi Trustee Corporation; et.al, United States District Court Case No. 3:09-CV-0428-LRH-RAM, alleging that the defendants’ conduct was in violation of the Fair Debt Collection Practices Act and constituted civil racketeering.

The after a five day trial, the jury found the defendants liable for violations of the FDCPA and Nevada‘s Civil Racketeering laws. The jury further found the defendants acted in an extreme and outrageous manner, resulting in an award of punitive damages and attorneys’ fees in addition to the statutory and compensatory damages. “This case is a great example of how the justice system can help those who are victims of predatory collection practices,” said Bourassa. He continued, “Of course we are pleased with the result, but the important thing here is that we saved our client’s home and restored her good name.” Bourassa regularly advises consumers to save their letters and voicemails from collection agencies. “Folks mistakenly assume that if they owe the money, they don’t have any recourse against aggressive collection agencies. Hopefully cases like this will let consumers know that they can fight back against abusive collection tactics and win.” Read more:

CALIFORNIA – In their words: GRF and Associa (Associa Terminated)

Orange County Register: In their words: GRF and Associa
GRF Fires Associa
By Scott Bosco, Staff Writer
July 31, 2015

On July 2, the Golden Rain Foundation announced it would terminate its contract for management services with Associa/PCM. Questions as to why it happened and where GRF is heading were left unanswered. The Globe sat down with Associa CEO Joey Carona and GRF President Kathryn Freshley separately and asked them the same questions.

Q: What led to the termination?

Carona: Things were running smoothly after Associa acquired PCM five years ago. From what we heard, things had been great. Things were working smoothly, the boards were happy, the staff was happy. It all started shifting as soon as the new GRF board began to take greater prominence. It was a board that really had one mission in mind, and that was to reduce costs. Laguna Woods has a large operating budget, and they believed there was opportunity to do it in a more efficient manor. GRF wanted to change the management structure and go into a self-management model without a management company, where the community would directly hire the employees, as opposed to hiring a management company who hires the staff and manages them. The board said that they didn’t trust the current executive team. They wanted everyone gone, including Jerry Storage, because, they said, they are overpaid and they don’t give us what they want.

There was a call from multiple board members to have a blanket 10 percent reduction in payroll and personnel costs. We took everything they shared with us and we tried to document it in a way that took it from just ideas and gut reactions to actionable items. We gave them these 17 different plans and, as we presented it to them, went through all the pros and cons. From there we never received a response from GRF until the termination notice.

Freshley: The problems have been here for years. GRF lacked any oversight over Associa’s operations. The lack of transparency created a wall between GRF and Associa, and culminated into reckless spending and lack of confidence that PCM employees were doing what GRF wanted them to do. Because there is kind of a wall with Associa, we didn’t have the data we needed to make logical decisions. They are our employees because we are paying everything, but we don’t know how people were being compensated. We don’t know what the employee pay and benefits are, which are 50 percent of our costs.

When (former GRF director) Mike Comer was on the board, he called for a review of Jerry Storage and drafted a list of problems to send back to Associa. Associa hired a consultant to come in and diagnose the problem. When they came back and made the presentation to us, they said, “These are the things we see are issues. These would be our recommendations to you; it’s up to you to decide whether you implement them or not.”

Associa wanted to bring in new people, outsource financing to Texas, but bringing someone else in wouldn’t solve the issues. These were things that were absolutely unacceptable; if we lose the financials, we lose control over the entire community. When we got the 17 recommendations, it told us that they view the community from their model, which doesn’t fit us.

The fundamental difference between our HOA and the other HOAs Associa manages is we’re not a typical HOA. And that is the basic fallacy in the whole thing.  Read more:

CALIFORNIA – Almost 300 members call for recall of three Directors

THE FRIDAY FLYER:  Almost 300 members call for recall of three Directors
By Sharon Rice, Editor, The Friday Flyer
July 31, 2015

At a meeting of the Canyon Lake Property Owners Board of Directors last Tuesday, July 21, former POA Treasurer Sean McDonald (2011-2013) presented a packet containing 286 signed petitions calling for the recall of President David Eilers, Treasurer Bruce Yarbrough and Secretary Doug Gordon.

Sean noted that the number was more than the percentage required for a recall election in Canyon Lake under the Davis-Stirling Act.

The reasons given on the petition for recalling these Board members are as follows:

as follows:

  1. Violated their fiduciary duties to the membership.
  2. Violated our governing documents.
  3. Creating new rules for members that were not previously approved by the Board or the membership.
  4. Denied CLPOA membership even though the members had complied with approved CLPOA rules for CLPOA membership.
  5. Orchestrated a new revision of By-laws to disenfranchise more than 1,000 property owners. The proposed By-laws significantly changes property rights or rights of members in an association without a legitimate newly created or recognized need.
  6. Prohibited CLPOA members from attending POA Board meetings in violation of the Davis-Stirling Act and our current By-laws.  Read more:

 

FLORIDA – CEVA HOA takes on new role: home owner

 

CCFJ.NET:  CEVA HOA takes on new role: home owner

 

Article Courtesy of Your Observer

By Pam Eubanks

Published July 27, 2015

LAKEWOOD RANCH — Looking at the cream-colored home on Sandhills Place, it’s hard to notice any difference between it and its neighbors in the Lakewood Ranch Golf and Country Club — aside from some missing mulch in the front flower beds and faded paint in a few not-too-obvious places.

 

But it is different: It’s the first home now owned, at least temporarily, by the community’s homeowners association, the Country Club/Edgewater Village Association.
“It’s the first house we’ve taken title to,” CEVA President Steve Peters said, noting the property had already been abandoned by its previous owners. “We knew this house was vacant, and there was no other recourse for us.”
CEVA began the foreclosure in December 2014; an online auction for the property in May yielded no bidders. So CEVA purchased the property for $500, court records show. Read more:

 

 

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

NORTH CAROLINA – Cary considers acquiring downtown pond for park

The News & Observer:  Cary considers acquiring downtown pond for park
“…they’re worried about setting a precedent of acquiring private land, simply because it’s managed poorly.”
 
By Paul A. Specht
July 28, 2015
CARY – Town leaders are investigating whether they should acquire a troubled private pond near downtown Cary to turn it into a public park.

The Cary Town Council instructed town staff on July 9 to collaborate with the Coronado Village Homeowners Association about the future of the neighborhood pond, located just north of Walnut Street near where it connects to Walker Street.

The pond is encircled by Coronado Way, Ralph Drive and Warren Avenue.

The HOA approached Councilman Don Frantz about potentially acquiring the pond, said Frantz, who relayed the idea to the council. He said the neighborhood has struggled for years with silt buildup, stagnant water and mosquitoes on the pond.

“Very few members of the community actually pay HOA dues,” he said. “They just do not have the resources to maintain the pond, to dredge the pond properly.”  Read more:

NEVADA – Real estate agents, HOAs battle over liens

Las Vegas Review-Journal:  Real estate agents, HOAs battle over liens
By Jennifer Robison
July 25, 2015

It’s a Nevada Supreme Court decision that didn’t resolve much.

The court’s September ruling in SFR Investments Pool 1 LLC v. U.S. Bank gave homeowner associations the right to wipe out entire mortgages through foreclosures for late dues. But it also launched a legislative effort to reverse the right to what’s called a super-priority lien.

Today, the battle continues between real estate agents, who say the rules put banks on the brink of a local lending boycott, and HOAs, who say the system is finally working the way it should.

Both sides have taken to courts and to Carson City to make the case for additional change. The results could have long-term implications for Southern Nevada’s housing market.

One thing the legal challenges and legislative changes have yet to accomplish is to seal the bitter division between the two sides.

Question of fairness

It’s “rank unfairness” to let an HOA with a claim of $3,000 or $4,000 in late dues and fees foreclose on a lender and wipe out a $300,000 first mortgage, said Keith Lynam, president of the Greater Las Vegas Association of Realtors.

Allowing super priority also undermines the local real estate market.

“Lenders have made it clear that extinguishment of noteholders needs to be addressed. If it’s not, it will be addressed for us,” Lynam said. “They have made it clear they will not lend here.”

Association managers counter that the real unfairness happens when banks let delinquent homes languish, HOA dues unpaid. Read more:

 

NEVADA – Ex-real estate agent once again defending himself at trial

Las Vegas Review-Journal: Ex-real estate agent once again defending himself at trial
 Hunt said it was “impossible to calculate” the economic harm in Southern Nevada from Depue’s scheme.
By Jeff German
July 27, 2015

For the third time in three years, a former real estate agent is defending himself at trial in a mortgage fraud scheme federal prosecutors allege defrauded lending institutions out of more than $24 million.

Brett Depue’s first trial ended in a hung jury in February 2012, but he was convicted the following month on conspiracy and fraud charges and later sentenced to nearly 22 years in federal prison.

The 9th U.S. Circuit Court of Appeals overturned his conviction in March, concluding Depue did not fully understand his waiver of trial counsel.

But Depue, 41, was back defending himself again Monday, choosing not to make an opening statement to the jury.

In her opening remarks, Assistant U.S. Attorney Sarah Griswold said Depue made $15 million in the scheme that recruited straw buyers and made use of his family and friends.

“This is a case about lies and greed,” Griswold told the jury, adding that evidence will show Depue on four occasions confessed to spearheading the scheme.

Griswold said 110 homes in the Las Vegas Valley were fraudulently bought during the scheme between 2005 and 2007.

More than a dozen people participated in the conspiracy, and nine co-defendants pleaded guilty in the FBI-led investigation, according to prosecutors.

At his June 2012 sentencing, Depue, who now lives in Gilbert, Ariz., showed no remorse and accused Senior U.S. District Judge Roger Hunt, prosecutors and his own standby attorney at the time of conspiring to deny him a fair trial.

Depue told Hunt that he was the victim of a “travesty of justice” and that the government’s case against him was a “house of cards.”

Hunt said it was “impossible to calculate” the economic harm in Southern Nevada from Depue’s scheme. He said there were untold victims throughout the community, including Depue’s own family members.  Read more: