Author Archives: Beanie
UTAH – Homeowner told to remove US Navy flag from house
LEHI, Utah — A homeowners’ association in Lehi is facing backlash online after sending a letter to a resident and telling her to remove a U.S. Navy flag displayed in her front yard.
Lucia Sandoval says she put the flag up to remember her husband, who is currently deployed with the U.S Navy. But shortly after the flag went up, she received a notice stating it was out of conformity with neighborhood standards.
“In a recent review of the community, it was brought to our attention that you may not be aware of one or more of the rules for the community,” the letter from the HOA reads. “Your front yard had a flag displayed not in accordance with the accepted standards. Please remove the flag ASAP.” Read more:
FLORIDA – Homeowner sues HOA over never-built horse center
Sara MacKenzie still has the brochure from when she moved into the Sullivan Ranch community in Mount Dora. Along with lush, rolling hills it promises, “horses grazing near our privately-owned equestrian center.” The site plan shows its location near the clubhouse.
“It was going to be a two-story center with an office, stables and paddocks,” MacKenzie said.
Today you’ll find double fencing for a riding area along the front of the Mt. Dora community, but no horses or equestrian center.
That’s prompted MacKenzie to file suit against Centex, the builder of the community. She said they’ve had ample time and with more than 500 homes, Sullivan Ranch is nearing build-out completion.
MacKenzie said after talking to neighbors she’s discovered an addendum in new homeowners’ contracts that leads her to believe the builder no longer has any plans of building the equestrian center. She said those documents say planning has been approved for multi-family apartments that she believes will replace the equestrian center. Read more:
FLORIDA – Homeowners association wins court fight, developer must pay to keep street lights on
The $18,000 was the amount Lago Villaggio paid to settle a countersuit filed by Florida Power & Light, which sought more than $40,000 in bills and late fees over five years, the statute of limitations. As part of the settlement, FPL allowed Lago Villaggio to collect that from Glen Eagle.
“We thought that they deserved to be paid because they provided power, but Glen Eagle wasn’t going to pay,” said Lago Villaggio’s attorney, Marc Huling of Roetzel & Andress. “FPL gave us the right to collect from Glen Eagle.” Read:
GEORGIA – How this Army vet stared down his HOA in American flag fight; ‘I fought for this country, my son fought for this country’
An overzealous Home Owners Association was made to eat crow this week after a 73-year-old military veteran refused to stop flying the American flag outside his Georgia home, despite threats of hefty fines.
“I fought for this country, my son fought for this country – I do not understand them trying to take away my rights,” retired Army veteran Tony Cumberworth said. Read more:
LOUISIANA – Condominium owner sues upstairs neighbor for alleged contamination and toxic exposure
The plaintiff alleges the defendant’s toilet constantly leaks and overflows exposing the petitioner to “noxious odors” and tainted water containing “human waste.” Hinkle contends that because the defendant’s sewer line runs vertically from their units the plaintiff’s condominium has sustained massive contamination. The petitioner argues the defendant has failed to remedy any damage incurred to the plaintiff’s condominium including the “leaking/overflowing toilet” and the contaminating “sewerage waste line.”
The defendant is accused of irresponsibly damaging the plaintiff’s condominium by leaving windows open during rainfall, exposing the petitioner to toxic fumes, failing to repair his toilet as to not leak or overflow and failing to repair the sewer line so as to not release “noxious odors” and “human waste.” Read more:
TEXAS – Navy vet gets house back after HOA foreclosure
SAN ANTONIO – A retired petty officer is getting his home back after losing it due to overdue homeowner association fees.
It began in 2011. That’s when Richard Miller found out he had been ordered to vacate his property after the Monte Viejo Homeowner’s Association foreclosed on it for past due HOA dues.
At the time, Miller was in Japan helping with naval recovery efforts following a major earthquake that had taken place.
Miller says the dues were $45 a month, but the amount got out of control when the association added interest and attorney fees. Texas RioGrande Legal Aid (TRLA) filed suit in state District Court against the Monte Viejo HOA on Miller’s behalf.
On Thursday, Molly Rogers, an attorney for TRLA, announced that Miller and the homeowner’s association had reached a reasonable settlement, and Miller has moved back into his house. Read more:
Washington, DC: Banning speech close to home
About 20 percent of Americans live in communities regulated by a homeowners association (HOA), run by boards that, under state and federal law, have nearly unchecked latitude. They can declare speech prohibited and erode privacy.
And without a change in law, there’s not much that can be done about it.
I have learned about the overreach of such boards as a member of a cooperative housing association in Southwest Washington.
Like many neighborhoods in the District, Southwest is diverse and changing. This change has been reflected in a new mix of residents, including families, who want our co-op to adopt more transparent, proactive and professional management techniques. A group of owners, led by newer residents, organized informally to discuss these desired changes and elect board members who support them. These owners made clear they want to improve the community and its property values. They used fliers, e-mail and open community meetings to share their proposals for change. Everyone in the co-op was invited to join the discussion. Read more:
TEXAS – Condo owner cites management for water damage
Tina Cohen filed a lawsuit March 31 in Galveston County District Court against By The Sea Council of Co-Owners Inc. of Galveston, alleging damages from a water leak.
According to the complaint, Cohen owns a residential condominium unit at 7310 Seawall Blvd. No. 909 in Galveston managed by the defendant. The suit states another unit owner initially noticed a leak Sept. 4, 2014, and notified management. The defendant entered the plaintiff’s unit to inspect the premises but did not notify Cohen until Oct. 8, 2014, according to the lawsuit.
TEXAS – Prime property center of court dispute in the Woodlands
For five years, a rambling Tudor house that overlooks a swimming pool and fish pond on four-fifths of an acre of prime property in The Woodlands has been abandoned and left to disintegrate.
Rain pours through gaping holes in the home’s wood-shingled roof. Walls are covered with mildew. Windows are shattered and boarded. Stagnant water fills the pool and pond, which neighbors say has bred swarms of mosquitoes, some carrying the West Nile virus.
Hence, this house today lies at the center of a messy legal fight over who must take responsibility for it. The three parties involved in the lawsuit – the home’s original owners, Daniel and Suzanne Parks; their lender’s representative, Wells Fargo Bank; and the deed covenant enforcer, The Woodlands Township – all point fingers at one another. About the only thing that the three parties can agree upon is that the house at 2610 S. Wildwind Circle, once valued at $600,000, is uninhabitable and should be bulldozed. Read more:
FLORIDA – No charges in HOA dispute
Expect no criminal charges in the case of an Ocala property management firm being investigated by the state over allegations it spent homeowners association money in violation of state law and improperly conducted association meetings.
Assistant State Attorney Mark Simpson said members of a homeowners’ coalition whose members filed complaints with the state against Property Management Consultants Inc. and its principals had their best opportunity to pursue criminal charges in the matter several years ago.
The Department of Business and Professional Regulation recently issued a final order adopting a “settlement stipulation” in the case signed by agency officials and the attorney for the defendants, who include Property Management Consultants Inc., Deborah Herren and S. Wesley Herren.
The final order documents, signed by Deborah Herren; Russell W. LaPeer, the attorney representing PMC and the Herrens; and Joshua Kendrick, assistant general counsel, on behalf of DBPR, center on:
An allegation that after John Zacco, developer of Hardwood Trails, paid, under court order, $17,350 in property association fees and assessments to be allowed to vote in the association’s annual meeting in 2009, Wesley Herren wrote Zacco’s company, JP & Sons Development Co. LLC, a check for that precise amount from the Hardwood Trails Property Owners Association. Read more:
HOA Reform Coalition 