Author Archives: Beanie

FLORIDA – Environmentally friendly lawn? Not so fast.

ccfj.net:  Environmentally friendly lawn? Not so fast.
Article Courtesy of The Orlando Sentinel
By Kevin Spear
May 5, 2015

Environmentally friendly lawn case going to trial.


Lawsuit contends homeowner associations have final say over Florida friendly landscaping law.
In a lawsuit advancing more slowly than grass grows, a new judge is pushing for a trial this summer over a neighborhood association’s complaint that landscaping meant by a resident to be environmentally friendly is not aesthetically appropriate.

Jeffrey and Renee Parker were sued in 2012 by Summerport Residential Property Owners’ Association Inc. after they planted a type of grass they chose because it needs less watering and fertilizing. But it was not specifically permitted by association rules.

The case is seen as a test of the “Florida friendly” law enacted in 2009 to promote yards that conserve the state’s environment. The law says associations can’t prohibit Florida-friendly landscaping but it doesn’t spell out who determines which types of plants qualify.

The Parkers’ lawyer, Barbara Billiot Stage, said during a hearing last week that nearly three years of litigation had accomplished little. Afterward, she blamed Summerport for using its greater financial strength to drag out pretrial proceedings. Read more:

FLORIDA – Palm Beach home scammers must give up bling and bucks

PalmBeachPost.com:  Palm Beach home scammers must give up bling and bucks
By Kim Miller
May 7, 2015

A federal court judge is ordering two men involved in a North Palm Beach foreclosure prevention scheme to hand over tens of thousands of dollars in jewelry, watches and guns to help compensate victims.

Negotiated settlements in the federal civil complaint against Hoffman Law Group managers Michael Harper, of North Palm Beach, and Palm Beach Gardens resident Benn Willcox, ban the duo from working in loan modification or debt collection businesses and requires them to surrender a combined $140,000 in assets. Read more:

http://realtime.blog.palmbeachpost.com/2015/05/07/palm-beach-home-scammers-must-give-up-bling-and-bucks/

NORTH CAROLINA – New bill would garnish tax returns for past due HOA fees

WSOCTV.COM: New bill would garnish tax returns for past due HOA fees
May 1, 2015
NORTH CAROLINA — Under North Carolina law, if you live in a neighborhood that has a homeowner association and you don’t pay your dues, that HOA can foreclose on your house.

But now a new bill has been introduced in the North Carolina Legislature that would strip HOAs of their ability to foreclose.

Instead it would open up a legal avenue for associations to try to satisfy debts owed to them including garnishing state income tax returns.

The idea is to keep people from losing their homes because they haven’t paid their HOA fees.

“It’s a big issue to a lot of people,” Rep. Rodney Moore (D-Mecklenburg) said.

He introduced House Bill 931because he said home owners need more protection against heavy-handed homeowner associations that have the ability to foreclose on those who haven’t paid their HOA fees. Read more:

FLORIDA: Miami businessman guilty in Royal Palm Beach condominium fraud

PalmBeachPost.com:  Miami businessman guilty in Royal Palm Beach condominium fraud
By Kim Miller
April 17, 2015

A Miami businessman was found guilty Thursday of one count of conspiracy in connection to a housing scheme that left a Royal Palm Beach condominium mired in foreclosures.

Eli Riesel, who was managing member in a company that bought about 100 units at the Kensington of Royal Palm Beach in 2007, is one of six people to be charged following what federal investigators described as a $25 million mortgage scam.

Riesel, who was found not guilty on 24 charges of bank fraud, is the only one who faced a jury trial. That occurred this week in a Miami federal courtroom in front of U.S. District Court Judge Darrin Gayles. The other defendants pleaded guilty to various charges last year.

Prosecutors say Riesel conspired to provide prospective buyers with incentives to purchase condominium units at Kensington but concealed those incentives from the lenders who financed the transactions. Read more:

FLORIDA – Fort Lauderdale Beach condo residents hit with $60,000 assessment

CCFJ.NET:  Fort Lauderdale Beach condo residents hit with $60,000 assessment
Article and Video Courtesy of Channel 10 News Miami

By Bob Norman

Published April 24, 2015

Thousands of people live in condos across South Florida, but many don’t know the potential financial pitfalls. Investigator Bob Norman says a special assessment levied by the board for what they claim are much needed repairs could drive them right out of their homes.

   

Residents at the Embassy Tower 2 building on Fort Lauderdale Beach were outraged after finding out that they had to quickly come up with thousands of dollars. 

The reason why they are so upset? 

They recently learned that they have only a few months to pay a special assessment of about $60,000 — or possibly lose their homes. First there will be a lien — and then foreclosure. 

It’s a very real possibility! The bills are piling up.

The whopping assessment is for new concrete, windows, sliders and railings. Read more:

NATIONAL – Is your condo association run by a ‘bully board’?

MarinaCityOnline.com: Is your condo association run by a ‘bully board’?
By Don DeBat
April 19, 2015
 “Bully boards” are so prevalent in the world of condominiums that the term is commonplace among community association property managers and real estate attorneys.It’s a moniker used to describe condo and homeowner association boards that are so drunk with power, they resort to abusing their subjects – the owners.

Unlike typical renters, most homeowners simply cannot pick up and move when a problem exists. They are tethered to their real estate – and often tied to a 30-year mortgage as well.

Escaping Condo Jail, a newly published 600-page book about community association living, co-authored by Chicago Realtor Sara Benson and this writer, examines a nationwide random sampling of owner complaints that include, but are not limited to, the following issues…

  • Cigarette smoke from a neighboring unit infiltrates ducts and electrical sockets, sickening an asthmatic.
  • A “neighbor from hell” uses a 150-pound Rottweiler to frighten and intimidate residents.
  • Organized crime thugs extort protection fees from homeowners.
  • A roach infestation of “biblical proportions” from a hoarder’s unit contaminates neighboring units and renders them uninhabitable.
  • A cell phone tower installed on top of a penthouse unit continuously awakens its residents at 3 a.m. with violent shaking of the ceiling.  Read more:

FLORIDA – S. Tampa condo residents fight proposed hotel

WTSP.COM:  S. Tampa condo residents fight proposed hotel
By Jenny Dean
April 15, 2015

Tampa, Florida — A Marriott Hotel is being proposed in South Tampa, but not everyone is happy about it.

The 84-room TownePlace Suites by Marriott would sit between a couple of condo complexes and a self storage building on South Dale Mabry, just north of Gandy Boulevard.

Residents of the Fair Oaks Condominiums are not happy with the plans for a number of reasons: noise, drainage issues, traffic and the close proximity of the building itself.

On June 11, Tampa City Council will consider whether to change the zoning on that piece of property to accommodate the four-story Marriott.

Greg Sinadrinos is a Fair Oaks resident organizing letters and a website, hoping to convince the council to deny the zoning change.

“My condominium overlooks this property and I will walk out onto my back porch or look out my bedroom window at a four-story hotel.”

Dave Patel is a partner with Inspire which runs several hotels in the Tampa Bay area. He says the Marriott here would be a perfect fit for this community. Read more:

FLORIDA – Pasco residents continue to fight gun range, citing illegal operation

BAYNEWS9.COM: Pasco residents continue to fight gun range, citing illegal operation
By Sally Mamdooh
April 4, 2015
SPRING HILL — Pasco County is fighting to get a local gun range to cease fire citing it has been operating illegally.

It’s a fight that first started three years ago between residents who live near the gun range and and the gun range owner.

Shawn Roark and his family moved to Pasco Trails five years ago because it was a quiet and peaceful community.

“It’s very quiet, occasionally a lawn mower, but not too much more than maybe a car driving by occasionally,” said Pasco Trails resident Shawn Roark.

But the serenity that his community once had slowly turned what typically sounds like a war zone.

Roark and his neighbors in both Pasco Trails and Pilot Country Estates recorded the constant loud noises coming from a nearby gun.  Read more:

FLORIDA – Poinciana HOA leaders meet to discuss president’s future, mishandled funds

WFTV.COM: Poinciana HOA leaders meet to discuss president’s future, mishandled funds
By Nancy Alvarez
April 10, 2015

OSCEOLA COUNTY, Fla. —

A special meeting was called in Poinciana Friday to find out what happened to the funds that were allegedly mishandled by the company in charge of managing it.

The meeting ended very much the same way it began: with a deep divide between a group of residents and people charged with managing the community.

The special meeting was called by a member who said Poinciana Homeowners’ Association president Peter Jolly was overstepping his boundaries by asking too many questions of FirstServices Residential, the company hired to conduct Poinciana’s business.

He sent a letter to the State Attorney’s Office for Osceola and Polk counties, alleging at least $2 million is unaccounted for.

“We have a management company that does not follow the orders of the APV Board of Directors. We have the tail leading the head,” Jolly said.

Residents said they support Jolly’s call for an investigation, but others oppose it.  Read more:

NATIONAL – Disbanding an HOA

Neighbors at War:  Disbanding an HOA
By Ward Lucas
April 14, 2015
Posted on April 14, 2015 by

I think I’ve written about this before, so forgive me if this is repetitive. But a friend of mine lives in a tiny HOA of about a dozen houses. Last year he bought a dozen copies of my book and lobbied every member of the association to read it. The neighbors voted unanimously to disband their corporation.

Now, my friend says, there are sounds of kids laughing and playing. Several basketball hoops have gone up. Neighbors are now talking over the back fence and inviting each other over for dinner. He says the difference in the neighborhood is incredible.

Plus, insurance liability costs have gone down.

Life is amazing, isn’t it?  Read and see comments: