Category Archives: Uncategorized

NEVADA – Lawyer accused of stealing from clients pleads guilty in HOA scheme

Las Vegas Review-Journal: Lawyer accused of stealing from clients pleads guilty in HOA scheme
February 3, 2014

By JEFF GERMAN LAS VEGAS REVIEW-JOURNAL

A suspended Las Vegas attorney accused of stealing hundreds of thousands of dollars from his clients pleaded guilty Monday in the high-profile federal investigation into the scheme to take over valley homeowners associations. Barry Levinson, 47, who has more Nevada bar complaints against him than any other lawyer, also pleaded guilty to trying to evade $28,211 taxes from the Internal Revenue Service and embezzling more than $243,000 from his clients.

U.S. District Judge James Mahan set a May 5 sentencing. Levinson’s plea was part of an agreement Levinson and his lawyer Brent Bryson struck with federal and Clark County prosecutors to resolve all of his criminal charges. He also is expected to plead guilty in District Court to the theft of more than $1 million from his clients. As part of his federal plea deal, Levinson agreed to disbarment and will pay as much as $271,646 in restitution to the IRS and his clients.

Charles La Bella, a deputy chief of the Justice Department’s Washington-based Fraud Section, told Mahan he would argue at sentencing for nothing less than two years in prison for Levinson. Any prison time for the state theft charges will run concurrently to the federal time, according to Levinson’s agreement with prosecutors.  Read more:

TEXAS – Condo Manager sentenced for embezzling

texomashomepage.com: Condo Manager sentenced for embezzling
January 17, 2014
Embezzler had been stealing since 2007.  Read story:

TEXAS – Grandmother nearly lost home to HOA fees in ‘misunderstanding’

abc13.com: Grandmother nearly lost home to HOA fees in ‘misunderstanding’
By Jeff Ehling
January 17, 2014
HOUSTON (KTRK) — Depending on where you live, homeowners association dues may be on your list of yearly expenses. If you’re late, or don’t pay them, you could face heavy fines. That’s what happened to one local grandmother whose late fees turned into bigger problems. Those HOA fees almost cost this grandmother of 10 her home. When Sharon Dockery was diagnosed with liver cancer, the late fees on her HOA bill were the least of her worries. “I had paid my fees, and then they start, they’re called chargeback onto my account,” said Dockery.Dockery says she did pay the bill, but didn’t realize she was $41 short. So the late fees built up and up. “They chargeback $8 here, $15 there,” said Dockery. She tells us she didn’t understand what the chargeback fees were, because she paid her assessment fee. And when Dockery called the Southwest Crossing Homeowners Association to find out… “They said they turned it over to the attorney,” said Dockery.  Read more:

CALIFORNIA – Associations – Board Misconduct

latimes.com: ASSOCIATIONS
Any recourse when evidence of board misconduct surfaces years later?
By Donie Vanitzian
January 5, 2014
Question: I was on the board of directors when our homeowners association got sued. Some directors were sued individually for breach of their respective fiduciary duties. I wasn’t sued, and after a short hiatus from the board, I was reelected.

When the lawsuit occurred I wasn’t privy to meetings between the board president and the insurance company attorneys representing the association. Years later, I learned of information the attorneys gave to the other directors during the lawsuit. Those attorneys told certain board directors to get rid of their hard drives and ensure “everyone knows that you have hard-drive failure.”

During the suit, subpoenas were issued for computer-related items such as emails and hard drives. At the time, the president, who was also the main liaison between the attorneys and the other directors, made repeated comments that he suddenly had hard-drive failure. On advice from those attorneys, he conveniently intercepted all files from the management company, which he then took to his home and “purged.” Directors were advised “what you don’t have, you don’t have to produce.”

In preparation for depositions those same directors began creating documents and rewriting existing documents to cover up their actions while on the board. All this and more was prompted by attorneys hired by the insurance company. Because this and other information remains secret, these contemptible ex-directors remain idolized in our community. What can be done about this?  Read more:

NATIONAL – Published: More Poor Advice and Propaganda

Published: More Poor Advice and Propaganda

by guest blogger Nila Ridings

Every now and then some “advice” appears on the internet about buying in an HOA. And quite honestly some of it gives me a massive headache like this one. To me, this is nothing more than someone with so little HOA knowledge they should be embarrassed to publish it. I’m willing to step up and present the brutally honest truth. I think it’s only fair and right to do so.

Are you considering moving into a housing development that has a homeowner’s association? Here are eight things to consider first, according to HOA-USA, an organization that supposedly educates people about homeowners associations.  Read more:

TEXAS – Homeowners fight HOA for burglar bars in southwest Houston subdivision

KHOU.com:  Homeowners fight HOA for burglar bars in southwest Houston subdivision
by Tiffany Craig / KHOU 11 News

Posted on December 6, 2013

HOUSTON — A group of neighbors in the Alief subdivision of Cedar Springs plan to fight the HOA to keep their burglar bars. They are on all the windows and doors of Tony Vo’s house. “All of them,” he pointed around the downstairs. “All the windows and the front door and the back door.” His family paid $2,000 for the installation two years ago and no one seemed to have a problem with them until late November. “From the beginning, they should let us know,” Vo said. “I don’t know why until now after two years.” The family installed the bars after Vo’s niece got home to find burglars cleaning out the house. Michelle Le noticed they broke in through the back door. “They broke the glass and opened it.” Le said.  Read more:

TEXAS – Disabled veteran sued by HOA over rehabilitation pool

Click2Houston.com:  Disabled veteran sued by HOA over rehabilitation pool
Phillip Mena, Reporter
December 6, 2013
Fulshear, Texas – A disabled Vietnam Veteran has been forced by his Homeowner’s Association to stop backyard construction on a therapeutic indoor pool, court records show. According to documents filed in Fort Bend County, the Fulbrook HOA in Fulshear was granted a temporary injunction against any further construction. It claims Chris Andrus, a former Marine, has had nearly two years to complete the project and didn’t receive approval to build a mechanical room and bathroom attached to the pool house.

TENNESSEE – Community Suggests Gun Possession Is Illegal For Residents

NewsChannel5.com:  Community Suggests Gun Possession Is Illegal For Residents
NewsChannel5

ANTIOCH, Tenn.- Some people in a Nashville neighborhood are furious over a new rule that makes it illegal to own a gun. Residents in Nashboro Village said it’s unconstitutional and leaves them defenseless.  Two weeks ago, residents received a letter from their homeowners’ association indicating that guns are not allowed on the property. “It thought it was ironic that they say you can’t have something when the United States government says you can,” said resident Cristina Salajanu. Salajanu would like to give her neighborhood management company a history lesson. “I think it’s unconstitutional,” Salajanu said. “They can’t tell you what to own or not to own in your own house.”  Read more:

FLORIDA – HOA fines homeowner 5K for planting trees that are currently too small

consumerist.com:  HOA fines homeowner 5K for planting trees that are currently too small
November 13, 2013
By Mary Beth Quirk

The thing about trees is, they grow. But not fast enough for one Homeowner’s Association, which has been fining a man $10 a day until the amount reached $5,000 because he planted trees that are too small.

The magnolias are just like all the other ones in the neighborhood except for the glaring height difference — the HOA requires that all trees must be above six feet tall in order to maintain an even, matching appearance in the subdivision, reports WESH.com (link has a video that autoplays).  Read more:

TEXAS – Homeowners battle vs. the HOA

myfoxhouston.com: Homeowners battle vs. the HOA
November 13,2013
By Isiah Carey
HOUSTON (FOX 26) – A Spring man is in a battle with his homeowner’s association after he’s told to take his decorative cross out of the front yard.Chris Bumann says he’s received a notice from the Covington Bridge Community Association warning him to remove the all religious statues from his front yard.That letter says Bumann is violating the state’s property code by displaying religious symbols in the Spring subdivision.  Read more:

http://www.myfoxhouston.com/story/23963955/2013/11/13/homeowners-battle-vs-the-hoa#ixzz2kd4QGVCD