Category Archives: Uncategorized

NATIONAL – From religious discrimination to pointless paint jobs: it’s HOA round-up time

Consumer Affairs:  From religious discrimination to pointless paint jobs: it’s HOA round-up time
By Jennifer Abel
April 25, 2014

We have previously referred tohomeowners’ associations (HOAs) as “government minus the checks and balances,” and hardly a week goes by without an accommodating HOA board somewhere in America doing something to underscore this point.

Remember the Texas HOA whose residents were plagued by a rash of home burglaries, so the HOA responded by forbidding residents to protect themselves by installing burglar bars on their windows? Or the HOA in Vegas that actually went to court (and lost) in its desperate attempt to prevent a family with a disabled son from keeping an ambulance in their driveway? The Florida HOA that fined one of its residents $100 per day because the young sapling trees he’d just planted were “too short?”

Earlier this month, the state legislature of California (which, you might recall, is currently undergoing an historic drought) proposed a bill which, if passed, would prevent HOAs from punishing residents who comply with local water-conservation laws. In other words, if your city says, “Stop watering your lawn; we don’t have enough water for that,” your HOA would have to respect this law rather than tell you, “Go ahead and water your lawn anyway, or else we’ll put a lien on your home.” Read more:

TEXAS – Vandals target war veteran’s home; he blames homeowners association

KHOU.com: Vandals target war veteran’s home; he blames homeowners association
By Rucks Russell
April 25, 2014
HOUSTON — Billy Martin, who once served his country at a time of war, continues to fight but this time in his own home. “When I opened the door my heart absolutely sank,” said the Vietnam era veteran. He showed KHOU 11 News the damage vandals did last weekend when he was out of town. “They stomped on my computer screen and cracked it. They cut every piece of clothing I had including my shoes in boots.”

Police believe the suspects broke in through an upstairs window and spent hours destroying and defacing Martin’s property. Martin thinks someone is sending him a message. “The police tell me this was meant to send me a message to get out of dodge.” Martin blames the Forest Lake Townhome Association, that’s been fighting him for years over his flag pole. The association sued Martin to force him to take it down, claiming the pole stood on ground owned by the community. In February, a judge ruled in Martin’s favor.  Read more:

http://www.khou.com/news/local/Vandals-target-war-veterans-home-he-blames-homeowners-association-256793301.html

FLORIDA – $3.5 million check brings to a close Brooksville’s fight with Southern Hills developer

Tampa Bay Times:  $3.5 million check brings to a close Brooksville’s fight with Southern Hills developer
By Logan Neill
April 22, 2014
BROOKSVILLE — The presentation of a $3.5 million check to Brooksville City Council members Monday night by the city’s attorney, Tom Hogan, signaled the end of a drawn-out legal battle with the bankrupt developer of Southern Hills Plantation Club, which abandoned the project with millions of dollars worth of unfinished infrastructure.
The settlement brings to a close an arduous legal saga involving Crescent Resources, the parent company of LandMar Group LLC, which developed the upscale community on the city’s south side. In a 2011 federal court filing, the city claimed Crescent owed it about $6 million, which had been targeted for the expansion and improvement of utilities and other services as the community grew. City Manager Jennene Norman-Vacha said she was surprised to hear late last week from Hogan, who called to tell her the check was on the way, thanks to a deal ironed out in a federal court in Austin, Texas, with the trustee group made up of Crescent’s creditors. “Usually, you expect pennies on the dollar in a bankruptcy settlement,” Norman-Vacha said. “We got nearly 60 percent of what was owed. It’s a little bit amazing.”  Read more:

FLORIDA – Proposal to raise bridge height stirs controversy in Hernando Beach

Tampa Bay Times:  Proposal to raise bridge height stirs controversy in Hernando Beach
By Barbara Behrendt
April 22, 2014
HERNANDO BEACH — Harry Kasavich believes that when people scope out a waterfront neighborhood for a home, it’s their responsibility to make sure that the size of their boat is compatible — just as they would want to make sure their truck fits in the garage.That’s why the Hernando Beach South retiree is vocal in his opposition to a move by some of his neighbors, who own big boats, to build a new, higher bridge on Companero Entra and have everyone in the community foot the $2.36 million bill.Ballots on the question should be arriving in property owners’ mailboxes in the next few days. Kasavich is voting no. “Why would you dig up a perfectly good bridge?” he asks.  Actually, there are several reasons, if you ask those who support the construction of a new bridge. “This has been an ongoing issue for a long time,” said Diane Overbeek, president of the Hernando Beach South Property Owners Association, which has not taken a stand on the contentious issue.  Read more:

FLORIDA – Start-up insurer and Scott donor bans business in 18 South Florida Zip Codes

The Palm Beach Post:  Start-up insurer and Scott donor  bans business in 18 South Florida Zip Codes
…hits brakes before hurricane season…
By Charles Elmore
April 19, 2014
A start-up insurer that gave $110,000 to Gov. Rick Scott’s political committee and won a lucrative contract to take customers from state-run insurer Citizens is telling agents as of Monday it will write no new business in 18 South Florida ZIP codes, including two in Lake Worth.

Heritage Property & Casualty Insurance Co. of St. Petersburg marks another example of a fast-growing Florida insurer hitting the brakes before hurricane season. People’s Trust Insurance of Deerfield Beach said it was canceling thousands of policies to reduce risk exposure, many of whom had signed up less than 90 days before.

“We’re not canceling policies,” said Ernie Garateix, a Heritage executive vice president. He said the company wants to avoid too much concentrated risk. He called that a “normal business practice” that many companies follow, related to making sure reinsurance or back-up coverage that insurers buy adequately covers potential payouts after a storm.  Read more:

MISSISSIPPI – Community services group files federal lawsuit against Moss Point HOA

SunHerald.com: Community services group files federal lawsuit against Moss Point HOA
By Christina Steube
April 23, 2014
Biloxi-Gulfport – Brandi’s Hope Community Services has filed a federal lawsuit against Moss Point, claiming it has violated the Fair Housing Act and Americans with Disabilities Act.Earlier this month, the Riverwood Subdivision Homeowners’ Association submitted a petition to the city objecting to the placement of residents by Brandi’s Hope. The organization places disabled residents in homes so they can live independently, although support services staff is with them while the residents are in the home. The Homeowners’ Association said Brandi’s Hope is in violation of zoning laws because it is operating a business.  Read more:

CALIFORNIA – Homeowners say HOA forcing them to make thousands of dollars in unnecessary repairs

10news.com: Homeowners say HOA forcing them to make thousands of dollars in unnecessary repairs
By Craig Herrera
April 23, 2014

VISTA, Calif. – Homeowners in the North County contacted 10News after they say their homeowners association is forcing them to make thousands of dollars in unnecessary repairs to their homes. Thousands of San Diegans live in communities run by HOAs, but some homeowners say their HOA is out of control. “What’s fair about punishing all of us?” said homeowner Sue Hannibal. More than 300 letters went out to homeowners at Heritage & Legends in Vista, telling them they had to repaint their homes.  “As you can see, my house doesn’t need to be painted,” said Hannibal. “My house is in perfect condition.”  However, the HOA says otherwise. The bill to paint each single-family detached home is running about $2,500.  Read more:

TEXAS – Blind man fights HOA over fence blocking him from bus stop

KXAN.COM: Blind man fights HOA over fence blocking him from bus stop
By Dawn Denny
April 21, 2014

AUSTIN (KXAN) — A blind man is suing his homeowner’s association after a fence they put up blocked his access to public transportation. Chris Prentice has been waging this fight for more than two years, and has now filed a lawsuit. Prentice said he bought his home in the Berdoll Farms neighborhood in Del Valle because of the access to public transportation.  When the subdivision was initially built, there were several gates in the fence surrounding the neighborhood. Those gates allowed residents to walk through to the public CapMetro bus stops. But after several break-ins in the neighborhood, the HOA erected a high fence to stop people from walking through.

Prentice appealed several times to his HOA to replace the gate. The removal of that gate access means he has to walk all the way around to the bus stop, which he said is close to a mile.  Read more:

FLORIDA – Florida House Bill 1061 is dead. Measure could’ve helped homeowners stay inside their homes

WPTV.COM:  Florida House Bill 1061 is dead.  Measure could’ve helped homeowners stay inside their homes
Next chance for bill to be considered is next year
By Marissa Bagg
April 17, 2014

BOYNTON BEACH, Fla. – The days that Bob Domanick and his neighbors can sit at their condo pool in Boynton Beach may be numbered. Each one may be forced to sell their units back to the company that owns the property. “It’s just not fair, these are our homes, we pay our mortgages, and insurance and we’re told we have to leave,” said Dale Domanick. A glimmer of hope that House Bill 1061 would help – was crushed. It didn’t make it to the next legislative session that begins Monday. “It did not get to the subcommittee while we were still holding those hearings, and so the bill is most likely dead,” said State Representative Lori Berman.

As the law stands now, if a company owns 90 percent of the condo units on a property, it can purchase the remaining units for fair market value. The problem for these residents is that fair market value is a far cry from what they paid for their homes in 2006.  Read more:

VIRGINIA – “Wrong Way, Lady!”

Neighbors at War:  “Wrong Way, Lady!”
By Ward Lucas
April 16, 2014

A Democratic State Legislator in Virginia is crowing about getting a law passed in her state. The new law will allow HOA officials in self-managed communities more time to answer written requests by homeowners for information. Current Virginia law requires HOAs to provide paperwork or answers to inquiries within five days. The new law Ms. Filler-Corn loves so much doubles that time to ten days.

Delegate Eileen Filler-Corn brags that this will help ease the burden on HOA officials. She says the five-day requirement is too much of a burden for neighborhood volunteers.

Listen, Lady! You’ve got it exactly backwards. Virginia HOAs are just as mean-spirited as those in other states. Your law does NOTHING to help beleaguered homeowners. How about actually pushing for some real reform? How about a two-point law that will really make Filler-Corn a household name. Read more: