Category Archives: Uncategorized

GEORGIA – Neighborhood ordered to remove debris from pond

WSB-TV 2: Neighborhood ordered to remove debris from pond
Calls and emails to the president of the Homeowner’s Association for Regency Hills went unreturned. 
April 15, 2014
By Amy Napier Viteri

FULTON COUNTY, Ga. — Fulton County code enforcement officials have given a south Fulton County community 90 days to clear debris keeping an overflowing pond from draining. The pond sits behind several homes in the Regency Hills subdivision and is full of standing water, trash and debris, according to neighbors. The pond has debris blocking a retention wall, which is preventing drainage, according to code enforcement officials.

“Every time it rains, I’m thinking, ‘It’s going to flood because the water rises,’” said one neighbor who asked not to be identified.  Read more:

CALIFORNIA – Drought prompts some to rethink landscaping norm

REP-AM.COM:  Drought prompts some to rethink landscaping norm
By Hudson Sangree – The Sacramento Bee
April 13, 2014
Sacramento, Calif., gets about as much annual rainfall as arid Flagstaff, Ariz., but its lush lawns are modeled on those of rain-soaked England.
The capital’s turf tradition is deeply rooted and is even enshrined in the bylaws of various homeowners associations. That may be starting to change, however. Nudged by local governments worried about water shortages, home builders and homeowners associations are showing increased willingness to embrace the drought-tolerant landscapes that more naturally suit California.A growing number of cities are paying homeowners to tear out their lawns. A few home builders are starting to plan development in a way that they say makes more sense for the region’s Mediterranean climate and regular droughts. “We’re on the cusp of change. It’s definitely here,” said Kevin Carson, northern California president for The New Home Company. The developer is building the first major subdivision in decades in the slow-growth university town of Davis, Calif. The Cannery project will feature drought-tolerant landscaping along its bike paths, and most of the front yards will be landscaped with low-water plants in place of grass.  Read more:

TEXAS – Man hopes hoarding ordinance will speed up help

HOUSTON CHRONICLE: Man hopes hoarding ordinance will speed up help
Problem:  next-door neighbors’ townhome
By Jayme Fraser
April 14, 2014
Houston – David Weede has not invited anyone to his house for more than a year because of the nose-stinging smell and the holes that rats have chewed through his walls and couch pillows. For nearly eight years, Weede called city officials, looking for someone, anyone, to help clean up his next-door neighbors’ townhome. “The city did nothing,” he said. “I went to the homeowners association, but they couldn’t do anything because their hands were pretty much tied.”

Now, he hopes City Council will pass an anti-hoarding ordinance at its meeting Wednesday, so others do not have to wait so long for help.  Read more:

FLORIDA – Woman accused in theft of Sunrise association funds

Sun Sentinel:  Woman accused in theft of Sunrise association funds

The former acting president of a Sunrise homeowners association was accused by police of stealing thousands of dollars from her community. Catherine Helen Morris, 56, of the Springtree West Cove Homeowners Association, was arrested April 3 and charged with larceny greater than $20,000 and less than $100,000.

From November 2012 to February 2013, Morris transferred $73,584.75 of HOA funds into three personal bank accounts to pay medical and personal bills, according to a Sunrise police complaint affidavit. Read more:

http://www.sun-sentinel.com/news/broward/fl-sunrise-hoa-funds-theft-20140415,0,353090.story

HAWAII – Homeowners risk losing properties for unpaid association fees

KITV.com:  Homeowners risk losing properties for unpaid association fees
(…the fees added up to just over $600….plus cost of attorneys…$3,439.14)
By Andrew Pereira
April 11, 2014

HONOLULU —It may come as a shock to homeowners who don’t take the time to read the fine print, but if you fail to pay your homeowners association fees, title to your property can be sold at auction to the highest bidder.

FLORIDA – Former Clearwater condo association president sentenced on theft, fraud charges

TAMPA BAY TIMES: Former Clearwater condo association president sentenced on theft, fraud charges
Nearly $300,000 swindled
April 1, 2014
Times Staff
CLEARWATER — The former president of a Clearwater condominium association has pleaded guilty to grand theft and fraud charges and has been sentenced to two years in prison. Barbara Lockett, 52, a real estate broker, convinced an investor to put money into Mission Hills Condominiums. But police said at the time of her arrest that she swindled nearly $300,000 by trying to sell condos that were in foreclosure or off the market.

Lockett had been president of the Mission Hills association’s board of directors, but after the complaint against her, the board asked her to resign.  Mission Hills, south of Coachman Road and east of U.S. 19, has more than 400 condos.  Read:

FLORIDA – BRAZEN ATTEMPT TO KILL HOMEOWNERS’ RIGHTS

CCFJ.NET: BRAZEN ATTEMPT TO KILL HOMEOWNERS’ RIGHTS
The Hammocks Homeowners’ Association of Orange County
By Jan Bergemann
April 8, 2014

Honestly, if you read this proposed amendment you can only ask the question: “Why don’t these boards just ask the owners to hand over the deed to their homes and get it over with?” 

Since certain board members and their attorneys found out that Governor Scott and Speaker Weatherford killed a homeowner-friendly bill that would have finally created a regulatory agency to protect homeowners from abuses by dictatorial board members and their attorneys, these folks are getting even more brazen in their attempts to remove the given rights of homeowners.

The latest attempt of removing homeowners’ rights comes from the board of The Hammocks Homeowner’s Association of Orange County, Inc. Just read the proposed provisions of these planned amendments to the Declaration of Covenants and Notice of Restrictions on Real Estate for The Hammocks: Amending Article IV, Section 3 and adding Article IV, Section 9.5of the Declaration of Covenants and Notice of Restrictions on Real Estate for The Hammocks.  Read more:

ILLINOIS – Illinois Supreme Court: Owners can’t refuse to pay assessments over dispute

Privatopia Blogspot: Illinois Supreme Court: owners can’t refuse to pay assessments over dispute

April 9, 2014
By Evan McKenzie
This is final stage of the Spanish Court Two v. Carlson case.  Illinois is the only state (to the best of my knowledge) that allows condo associations to collect overdue assessments using forcible entry and detainer actions in Housing Court, the same as the landlords who are doing the same to tenants who haven’t paid rent. But renters are sometimes allowed to “deduct and repair,” or even refuse to pay rent at all, if the landlord has breached the lease.  Can condo owners do likewise? No.  Even though the association can treat the owner like a tenant by bringing a forcible action, the unit owner can’t assert this tenant-type of defense.  Sauce for the goose is not for the gander. Read:

ARIZONA – Homeowner complains to HOA about neighbors weeds, HOA tells him to clean it up

NEWS 4 Tucson:  Homeowner complains to HOA about neighbors weeds, HOA tells him to clean it up
House vacant for six months
April 10, 2014
By Lupita Murillo

TUCSON – A Tucson homeowner is under scrutiny from his home owners association after he complained about his neighbor’s yard overflowing with weeds. Gilbert Tellez claims he contacted the Mission Vista Homeowners Association two weeks to ask them to do something about the eyesore next door. He claims the house has been vacant for six months. He says he was told, “They couldn’t do anything, all they could do was enforce the rules.”

Two days ago he received a letter from the home owners association. It stated, “I needed to clean the weeds west of my driveway. That is not my property.” His property ends at the driveway and goes down the side of the house. The letter also states, “They’re planning on fining me $25.00 for each violation.”  Read more:

TEXAS – North Texas homeowners association loses battle to shut down Orthodox Jewish services

culturemap Dallas: North Texas homeowners association loses battle to shut down Orthodox Jewish services

By Claire St. Amant
April 10, 2014
A Collin County judge has ruled against a North Texas homeowners association that was trying to prevent an Orthodox Jewish congregation from using the residential area as a place of worship. Judge Jill Willis’ ruling comes just days before the Jewish holiday of Passover.  The Highlands of McKamy homeowners association in Dallas filed an injunction on April 7 asking the court to halt religious services in the neighborhood, citing breach of use. The Congregation Toras Chaim says it has been meeting at homes in the neighborhood for about three years without incident. A neighbor’s lawsuit against the congregation is still pending.
The Orthodox Jewish organization consists of about 30 North Dallas families; its rabbi lives in the Highlands of McKamy. As Orthodox Jews are not permitted to drive on the Sabbath, members must live in walking distance of a synagogue. According to Congregation Toras Chaim, at most three cars are parked in front of the rabbi’s home for services. Read more: