Daily Herald: Attorney represents association board, not the homeowners

March 2, 2013

By David M. Bendoff
Q. I am a unit owner in a homeowner’s association. The association’s attorney attended a board meeting to discuss several issues with the board. During a homeowner’s forum, I asked the attorney a question, but he stated he could not answer it because it would violate the attorney/client privilege. As a member of the association, and as a person who pays assessments that pay the attorney’s fees, wasn’t I entitled to an answer from the attorney?
A. The attorney for the association represents the association through its board of directors; the “control group.” The attorney does not represent individual owners, and the owners are not part of the control group that should include the board and management. In fact the association’s legal interests are frequently adverse to the interests of individual owners. This occurs, for example, when an owner violates the association’s declaration or rules, or doesn’t pay assessments. Read more:

http://www.dailyherald.com/article/20130302/entlife/703029961/

coloradoan.com: Property manager accused of stealing rents from clients, including
two HOAs

Mar. 1, 2013 11:33 PM
By Trevor Hughes

A Fort Collins property manager accused of stealing $75,000 in rents from her clients has been arrested. Sherry Jefcoat, also known as Sherry Eichman, was the owner of Legend Property Management Real Estate. Her arrest Thursday is the latest in a string of troubles — her real estate license was suspended a year ago over the same accusations. Jefcoat was also sued by property owners who said she stole rent money that should have been deposited in their bank accounts.

Jefcoat last year told the Coloradoan the problems resulted from her extended absence from the business while caring for a dying parent and a U.S. Small Business Administration loan that mistakenly went into default. She blamed other people for the missing money. Police took Jefcoat to the Larimer County Jail on Thursday. Read more:

http://www.coloradoan.com/article/20130301/NEWS01/303010035/?nclick_check=1

Evan McKenzie’s Blogspot Discussion on HOAs

Go to:

http://privatopia.blogspot.com/

Las Vegas HOA Corruption Probe Continues
and then click on “Comments” at end of article.
Do read all comments.

Fred Pilot: I think you’ve boosted the position of the abolitionists per your observations of the difficulty of effectively regulating private local government, particularly considering these entities are not political subdivisions of the states and subject to state government codes.

IC_deLight wrote:
“Disclosure” pre-supposes that a “choice” is available. Maybe there is a choice in some parts of the United States. There has not been a choice for a significant part of the population for quite some time now. Disclosure of the HOA scheme is akin to disclosing that the air you are breathing might be off-gas from a toxic waste site. Stop breathing if you don’t like it. People need housing just as they need air. The involuntary membership HOA-scheme should simply be rejected, period.

you guys are weird
I think I would rather live in a haunted house than one governed by a Homeowners’ Association

Tuesday February 12, 3013
Posted by fossi at 1:41 PM

Justin Jouvenal of the Washington Post reports that there has been a recent feud in Fairfax County between some residents and their local HOA. For those of you without the time to read an entire article, here’s a brief summary:

Residents put up a political sign in their yard
The HOA says that’s not permitted
Suddenly, $400,000 in lawsuits

Let’s take a look at what happened:

The feud that consumed Fairfax County’s Olde Belhaven would span four years and cost the community as much as $400,000, and it was ignited by one of the smallest of sparks: an Obama for President sign.

The modest placard Sam and Maria Farran planted in their yard during the 2008 election put them on a collision course with the neighborhood homeowners association. It was four inches taller than the association’s covenants allowed. Read more:

http://youguysareweird.blogspot.com/2013/02/i-think-i-would-rather-live-in-haunted.html

Texomashomepage.com: Police Say Man Stole $55K  From Homeowner’s Association

Benny Hopkins is charged with theft over $20,000.