Category Archives: Uncategorized

ARIZONA – AG’s Office: Verdict kills new HOA laws

azdailysun.com:  AG’s Office: Verdict kills new HOA laws
(On July 19, 2013 plaintiffs George K. Staropoli and William M. Brown had filed suit against the State of Arizona, CV 2013-009991,[2] seeking a declaratory judgment that SB 1454 violated the Constitution.)
By Howard Fischer Capitol Media Services

PHOENIX — Concluding state legislators likely violated the Arizona Constitution, the Attorney General’s Office has agreed not to enforce some new laws governing homeowner associations. In an agreement filed Friday, the state agreed to accept a court order that eight separate provisions of SB1454 were enacted illegally and are void. These include language that was designed to prohibit cities and counties from requiring developers to established planned communities as a condition of getting the necessary zoning or permits. It also knocks out another section that would have limited the ability of associations from demanding that homeowners furnish them with certain information about those to whom they rent their units. Also gone are various changes in things like casting absentee ballots in HOA issues.  Read more:

CALIFORNIA – Man stabbed in dispute with HOA president

utsandiego.com: Man stabbed in dispute with HOA president
By Susan Shroder
September 6, 2013

SAN DIEGO — A man was stabbed Friday during a dispute between the president of an Otay Mesa homeowners association and a worker, San Diego police said. The 59-year-old HOA officer got into an argument with the 39-year-old man about work that was done for the association, police Officer David Stafford said. The incident was reported about 3:50 p.m. on Madden Avenue, near Coronado Avenue. Read more:

FLORIDA – Pinellas condo owners could be forced to sell at a loss

wfla.com: Pinellas condo owners could be forced to sell at a loss
By Shannon Behnken
August 31, 2013
PALM HARBOR, FL – Three years ago, Stephanie Vandenbroeke, a single mother of two, poured her life savings into a condominium at the Madison Oaks in Palm Harbor. She works two jobs and pays her mortgage. But now, a development group from Miami says she and 42 other families have to sell their homes – for tens of thousands less than they paid when they bought at the height of Florida’s real estate market.  The development group wants to terminate the condominium. “You just can’t do this to Americans that have families and work hard,” Vandenbroeke said. “It’s just not right.” This seems impossible, forcing people out of their homes, but this development group claims in documents that the law is on their side. No one representing this group returned phone calls for comment.  Read more:

FLORIDA – Boynton condo owners fear corporate takeover as their homes revert to apartments

mypalmbeachpost.com:  Boynton condo owners fear corporate takeover as their homes revert to apartments
By Kimberly Miller
August 31, 2013
BOYNTON BEACH — All summer they’ve been leaving, one by one, sometimes in hushed deals shielded from public record. The Polish couple in unit 303. The 66-year-old in 202, who thought his little condo at Boynton Beach’s Via Lugano would be the last home he ever bought. By July, even the lone homeowner representative on the condominium board had sold out, stranding the remaining 80 owners at the Congress Avenue condo complex with no voice against a corporation 280 units strong and gaining.
The serene, if average, Via Lugano condominium began life as an apartment complex. It was converted to condos during the heady days of real estate when two-bedroom units were selling for upward of $300,000. Now, with Via Lugano values down as much as 75 percent, the Newton, Mass-based Northland Investment Corp. owns the majority of units, turning the community back into apartments. Remaining owners, many who are desperately under water on their mortgages, said they are being nudged out.

“Don’t be the last one to sell,” is what owner Jordan Greenfield said he was told one day during a visit to the main office on an unrelated matter. “They told me Northland is buying up everything, and I should act fast to get out,” said Greenfield, who is tens of thousands of dollars underwater. If they don’t sell, the remaining owners fear they will be forced out in a legal maneuver that would give them only fair-market value for their homes if 80 percent of owners agree to terminate the condominium.  Read more:

NEVADA – Homeowner wins tree battle against Southern Highlands HOA

abc13: Homeowner wins tree battle against Southern Highlands HOA

By Darcy Spears
September 6, 2013

Las Vegas, NV (KTNV) – To plant or not to plant? That was the question. Now, Contact 13 Chief Investigator Darcy Spears has the answer in this HOA Hall of Shame update. It’s status quo for Louis Washington, and that’s just the way he wants it. “If it hadn’t been for channel 13, I truly believe they would have made me put the trees in.”  In the Spring, the Southern Highlands HOA began sending Louis letters saying he was in violation for not having trees in his front yard. “My house has more greenery than any house you wanna go around and look at, and they’re saying I still need a tree, which I do not agree with that.” They told him he had to put two trees in, despite the fact that he bought the home brand new from builder Pulte Homes, who installed the landscape in 2002. Read more:

ARIZONA – Court: Deed restrictions can’t ban “for sale” signs on houses

Arizona Daily Star: Court:  Deed restrictions can’t ban “for sale” signs on houses
September 5, 2013
PHOENIX — The right of state lawmakers to allow homeowners to post “for sale’’ signs trumps any deed restrictions that ban them, the Arizona Court of Appeals has ruled. In a unanimous ruling Tuesday, the judges rebuffed arguments by a planned community that its pre-existing ban on such signs remains valid despite a 2009 law to the contrary. Potentially more significant, the appellate judges rejected the contention that the 2009 law unconstitutionally interfered with the contracts previously signed by all property owners agreeing to the restriction. Judge Peter Swann, writing for the court, said there may be situations in which the ability of legislators to overturn existing covenants, conditions and restrictions — CC&Rs, as they are known in the business — is limited.  Read more:

FLORIDA – Little Havana Condo Residents Endure Weeks Without Power

Carlos spent his first week of kindergarten sleeping in a hotel and then in a hallway. He lives with his dad, hulking King of Diamonds employee Alex Velasquez, in the Altos de Miami condo building in Little Havana, near Flagler Street and SW 22nd Avenue. His unit is one of 47 that’s been without power since August 7.
At first, the building put Velasquez and his family up in a $120-a-night hotel. It wasn’t the Ritz-Carlton, but it wasn’t a Motel 6 either. All in all, it wasn’t so bad. On August 15, a note came under the door that said it was time to pack up and head home. Read more:

GEORGIA – Georgia marine loses battle to fly two flags

myfoxatlanta.com:  Ga. marine loses battle to fly two flags
August 28, 2013
By Denise Dillon, Fox 5 reporter
GRIFFIN, Ga. – A Georgia veteran has lost his fight to fly two flags outside his home Captain Jim Lowe was battling to fly both the American flag and the Marine Corps colors at his Griffin home.  Now, Lowe says he and his wife have no choice but to pack up and move. The issue was put to a vote at Lowe’s retirement community, and though nearly half of the residents who voted backed Lowe’s display, it didn’t meet the community’s standards.  Read more:

TEXAS – Buda neighborhood fights crackdown on sidewalk chalk art

Austin American-Statesman: Buda neighborhood fights crackdown on sidewalk chalk art

 August 29, 2013

By Andra Lim

Armed with pastel chalk, children in one Buda neighborhood colored their sidewalks last weekend with flowers, rainbows, hearts, back-to-school well-wishes — and one defiant message.

“Remember the First Amendment,” wrote one 12-year-old boy.  Read more:

TEXAS – Hideaway Lake Community Investigation – General Manager Fired

Hideaway Lake Community  Investigation

General Manager Fired

August 26, 2013
By Anthony Austin

Update:  We’ve learned the General Manager of the Hideaway Lake Club has been fired . Dennis Godoy was at the meeting last Thursday that stirred up a lot of emotion about an ongoing investigation in the community.  The investigation centers around a vendor who complained the Hideaway maintenance supervisor was requiring a 50% kickback to cut trees in Hideaway Lake. When the board started investigating, the affidavit says the general manager stopped all access to the invoices and records. We spoke to Mr. Godoy Monday evening. He said he had no comment at this time.


HIDEAWAY LAKE (KYTX) –  The Hideaway Lake Homeowners’ Association meeting got off to an interesting start Thursday night. It appeared to be a homeowners’ board divided among a confused community. “This community needs to come together, not be separated,” said one board member. The main issue at hand is an investigation that was opened into the Hideaway Lake community at the end of July by the Smith County Sheriff’s office. Read more: