Category Archives: Uncategorized

ARIZONA – More bills on HOAs expected next year

AZCENTRAL.com:  More bills on HOAs expected next year
Staropoli:  Challenged law would have given HOAs an advantage over residents
 
By Caitlin McGlade
September 29, 2013

A Scottsdale man challenged a newly minted law he said would give homeowners associations an advantage over residents — and he won. The law would have allowed HOA management companies to represent the associations in small-claims court, putting homeowners behind the ball because a company official would have far more courtroom experience than the average homeowner, said George Staropoli, a longtime HOA critic. The legislation, which was signed by Gov. Jan Brewer in June, contained a half-dozen new rules, some favoring HOAs and some not.

State Rep. Michelle Ugenti, R-Scottsdale, had first brought forth the diverse HOA-related issues in an omnibus bill earlier in the session. Her goal was to bring together the various ideas being floated in separate bills by other lawmakers to encourage debate, said Brian Townsend, a House majority policy adviser. However, her bill stalled in the Senate. The day before state lawmakers went on recess, Ugenti added an amendment with similar language to an unrelated elections bill, which legislators approved without debate. Staropoli challenged the law as a violation of the Arizona Constitution, which prohibits an act from containing two unrelated topics, in this case HOAs and elections.  Read more:

TEXAS – Neighbors fed up with HOA parking rules

KXAN.com:  Neighbors fed up with HOA parking rules

HOA lawyer breaks down homeowner’s rights

By    Omar Lewis
Updated: Thursday, September 19, 2013
Manor – A neighborhood parking restriction has homeowners pumping their brakes against their homeowner’s association. Residents in the Shadowglen neighborhood were given citations for parking in front of their own homes.  Allison Lopez, who lives in Shadowglen, is doing everything she can to reverse her neighborhood’s parking restrictions after receiving a citation with a picture of her own car parked in front of her home. “I shouldn’t have to call the HOA when I have a scheduled or unscheduled guest,” Lopez said.”I shouldn’t be harassed or live in fear that someone is parking in front of my house.” Some homeowners say they’ve collected fines up to $500 for having cars that belong to their maids, yard workers, and friends parked temporarily on the street.  Read more:

NATIONAL – Homeowner Association Feuds Grow Amid Rules and Fees

INVESTORS.com: Homeowner Association Feuds Grow Amid Rules And Fees
By Kathleen Doler, for Investor’s Business Daily
September 26, 2013

“Love thy neighbor as yourself” is a noble idea, but community governance brings complicating factors. More and more U.S. homeowners live in community associations, also called homeowners associations or HOAs. Amenity maintenance, development plans, rules and amateur governance can all result in bitter feuding within these groups. Buyers should study the rules before purchasing a home in an association. Owners should learn how to contest a decision if a conflict arises.

Evan McKenzie is professor of political science at the University of Illinois at Chicago and author of “Beyond Privatopia: Rethinking Residential Private Government.” He says disputes in associations are on the rise, with many factors contributing to the problems. Poor management, governance by poorly trained volunteers, owners struggling with high association fees, a lack of detailed association laws and the rise of this type of housing are all contributing to association infighting, says McKenzie. He said homes in associations are now “the predominant form” of new housing across the country.  Read more:

http://news.investors.com/business-inside-real-estate/092613-672683-homeowners-association-feuds-grow-with-rules-fees.htm

TEXAS – Homeowners’ loss is firm’s gain

mysanantonio.com:  Homeowners’ loss is firm’s gain
By Patrick Danner and Valentino Lucio
September 22, 2013

A little-known San Antonio company has built an enterprise that profits from others’ misfortune. DTND Sierra Investments LLC has bought about 250 properties from homeowners associations that have foreclosed on residents who didn’t pay their HOA fees. Some of those homeowners fell behind because of financial troubles caused by job loss or health problems. The company buys the houses at monthly foreclosure auctions on the Bexar County Courthouse steps, usually bidding just a dollar more than what homeowners owe the HOAs in delinquent dues and legal fees. Over the past three years, DTND has spent nearly $575,000 at auction to buy 186 houses with a combined assessed value of about $28.6 million.

At last month’s foreclosure auction, DTND bought six houses for an average price of $4,165. Their assessed values range from $94,570 to $297,730. DTND then does one of the following: It rents the property to the former homeowners or negotiates with them to reclaim the property, often making a tidy profit, sometimes in just a matter of days; or it evicts them — if they haven’t abandoned the home already — and leases it to tenants.  Read more:

http://www.mysanantonio.com/business/local/article/Homeowners-loss-is-firm-s-gain-4832738.php

GEORGIA – Condo residents frustrated by vehicle booting

myfoxatlanta.com: Condo residents frustrated by vehicle booting
By Portia Bruner
September 16, 2013
ATLANTA -Some residents of a Buckhead condo complex say they are tired of getting the boot on their cars.
Residents of the Habersham of Buckhead complex reached out to FOX 5 after they say at least eight vehicles were booted at the visitor parking lot on Sunday despite having parking passes.
Chris Lamb said that he and his girlfriend have paid more than $500 in towing expenses since they moved into the complex in April. He said his girlfriend was issued one designated parking spot and two visitor parking decals. He says they have had their visiting parking permits displayed in their vehicles each time they were booted and towed.”My question would be: where can I park? If they want me to park somewhere else, OK, where? There is nowhere,” Lamb said.  Read more:
http://www.myfoxatlanta.com/story/23446750/apartment-residents-complain-about

LOUISIANA – Condo association sued by owner claiming unrepaired leaks caused mold growth

The Louisiana Record: Condo association sued by owner claiming unrepaired leaks caused mold growth
By Kyle Barnett
September 13, 2013

GRETNA – A condo association is being sued by a condo owner for allegedly not fixing leaks in the building that have resulted in mold growth making the property uninhabitable. Jesus Hernandez filed suit against the Peachtree Condominium Association Inc., Columbia Property Management Inc. and Under Pressure Construction Inc. in the 24th Judicial District Court on Aug. 2.  Read more:

TEXAS – HOA, Celina homeowner battle over fines for roof color

KHOU.com: HOA, Celina homeowner battle over fines for roof color
By Byron Harris
September 13, 2013
CELINA — Most homeowners don’t replace their roofs more than once in their lifetimes. They’ve got one shot to get it right. David and Melinda Hawkes of Carter Ranch in Celina didn’t get it right after their roof was destroyed by hail last year, according to their homeowners’ association. And for a year, they’ve been fighting the HOA over how much of a fine they should pay. It didn’t seem that complicated. The shingles had to be a color called “weathered wood,” and had to be approved by the HOA architectural committee. The Hawkes thought they’d jumped through those hoops, hired a contractor, and work began.
Then, there was a knock on the door. It was the roof police.  Read more

NATIONAL – Condos and Co-Ops not eligible for storm relief

RealtyTimes:  CONDOS AND CO-OPS NOT ELIGIBLE FOR STORM RELIEF
By Benny L. Kass
Wednesday, August 21, 2013
Thousands of condominiums and housing cooperatives that were damaged when Hurricane Sandy struck the East Coast last year learned – after the fact – that they were not eligible for money grants from the Federal Emergency Management Agency (FEMA). Unlike single family homes which can get both grants and loans, community associations are considered “business associations” and are only entitled to loans. As we all know, loans have to be repaid, grants do not. Read more:

TEXAS – Homeowners Associations’ powers have to be exercised more realistically

birdscaping.blogspot.com: Homeowners Associations’ powers have to be exercised more realistically
September 4, 2013
By Owen Yost
Starting Sept. 1, Homeowners Associations (HOAs) in Texas can no longer prevent residents from installing native plants or drought-tolerant ones – a recognition of the severe drought that continues, and of common sense.  Read more:

CALIFORNIA – Owner, CFO of homeowner association management company accused of embezzlement

VENTURA COUNTY STAR: Owner, CFO of homeowner association management company accused of embezzlement
By Teresa Rochester
September 9, 2013

An Agoura Hills woman was out on $20,000 bail after pleading not guilty Monday to charges that her employer and she embezzled nearly $1 million from a Simi Valley homeowners association. Melissa Hoff-Solomon-Ramsey, 37, was arraigned on charges of grand theft and conspiracy to commit grand theft, according to Ventura County Deputy District Attorney Howard Weiss. Hoff-Solomon-Ramsey was initially booked in lieu of $500,000 bail, but Superior Court Judge Kevin McGee reduced it to $20,000 at Monday’s hearing. She and her boss, Kristin Davis, 44, the owner and CEO of Paradigm Management Group, were arrested last weekend after a years-long investigation. Hoff-Solomon-Ramsey was the company’s chief financial officer, authorities said. Read more:

http://www.vcstar.com/news/2013/sep/09/owner-cfo-of-homeowner-association-management-of/?partner=yahoo_feeds