Category Archives: Uncategorized

MARYLAND – Inside one Maryland community, a fight to save backyard basketball hoops

The Washington Post:  Inside one Maryland community, a fight to save backyard basketball hoops
By Jacob Bogage, Staff writer
August 22, 2018
When the violation notice from the neighborhood homeowners’ association first arrived in Sam Sheth’s mailbox, he thought it was a joke. He thought someone had gotten hold of letterhead and made up some sort of phony new rule about the basketball hoop outside his single-family home, one he has used in the same neighborhood for nearly a decade.

When the second notice came, which identified the hoop as “portable play equipment,” he thought it was a mistake. And when the third notice came, this time threatening a fine, he laughed and threw it away.

Residents in Howard County’s Maple Lawn subdivision, a planned community built in 2005 near Routes 29 and 32, are fighting to save basketball hoops that have adorned driveways, back alleys and front yards for years but have recently become a source of tension.  Read more:

NEVADA – Mastermind behind Las Vegas HOA defraud scheme sentenced

CCFJ.NET:  Mastermind behind Las Vegas HOA defraud scheme sentenced

Article Courtesy of Channel 8 — Las Vegas Now

By George Knapp and Matt Adams

Published August 19, 2018

LAS VEGAS – The largest political corruption case in southern Nevada came to an end Friday with the re-sentencing of the ringleader. The scheme focused of seizing control of local homeowner associations and involved dozens of co-conspirators including lawyers, retired police officers, and others.

Former construction company owner Leon Benzer will serve 12 more years in federal prison for crimes that were first reported by the I-Team.

Las Vegas has seen a lot of political corruption cases, but never something this big.

Forty defendants were sentenced. Most of them pleaded guilty, Leon Benzer, the ringleader, was the last to be sentenced, and in the front row of the courtroom Friday were the two investigators who started the ball rolling — a Metro detective and a former FBI agent. They wanted to be there for the end.   Read more:

NORTH CAROLINA – Concord HOA admits residents’ cars shouldn’t have been towed

WSOCTV.COM:  Concord HOA admits residents’ cars shouldn’t have been towed
By Greg Suskin
August 20, 2018

CONCORD, N.C. – Residents at Moss Creek Townhomes in Concord couldn’t believe it when they walked outside Friday and saw their vehicles had been removed. At least eight cars were towed after the homeowners association began enforcing parking rules put in place earlier this year.

No one was given any warning about vehicles being towed in front of their homes. HOA rules require that type of notice must be given to residents.

Tracy Amica ran outside panicked after her husband called for her.

“He was going out to, actually, get a haircut and noticed that his car was gone,” she said.

Monica Smith had just gotten home and saw the tow trucks in the neighborhood.  She parked and went inside her home.

“Not even five minutes later, I come outside to go get dinner with my 7-year-old and my truck is gone,” she said.

According to the HOA, the cars were towed because they didn’t have a neighborhood hanging tag. Parking at moss creek is at a premium. Vehicles are only allowed in the driveway and must have a hanging tag to park on the street.

Karen McDonald with Fort Mill-based property management company Kuester said it is not a new issue. Read more:

FLORIDA – State regulator accused of hijacking condo association he was assigned to investigate

Local 10 News:  State regulator accused of hijacking condo association he was assigned to investigate
By Bob Norman, Investigative Reporter
August 16, 2018

HALLANDALE BEACH, Fla. – The state is investigating one of its own now-former regulators after accusations that he abused his power at a condominium he was assigned to investigate, the Department of Business and Professional Regulation confirms.

Eduardo Iglesias duped residents into hiring not only his own association management company, but also his wife as the condo’s attorney after he’d been called by the state to investigate a complaint at El Dorado Plaza West in Hallandale Beach, numerous unit owners and an active lawsuit allege.

“I confronted him one day and I told him you don’t really belong here,” said 88-year-old Jim Silverman, adding, “All he wanted to do was get our money.”

Iglesias was first assigned last year to investigate alleged wrongdoing at El Dorado Plaza West in May 2017, according to DBPR records, but a lawsuit filed by unit owner Robert Petrasek alleges he instead “hijacked” the community association, beginning with an alleged recommendation to the condo board that it hire Anatalia Sanchez as its attorney, which it did. What residents and the lawsuit allege they didn’t know at the time was that Sanchez was the wife of Iglesias.

Sanchez, who did not respond to a message for comment for this story, then cut a deal condo to to provide legal services for the condo beginning on Sept. 30, 2017. The deal called for her law firm to be paid $2,800 a month, not only for legal services, but also for “outsourced” management services. A request that the investigation be terminated was received by the state on Oct. 5, according to state records, but Iglesias’ involvement with the condo was apparently just beginning.

On Oct. 18, the condo board approved the new management company, Real Asset Management, owned by one Edy Quin. Residents said they didn’t know that Quin, licensed community manager, and Iglesias, state condo regulator, were one and the same person: Eduardo Quin Iglesias.  Read more:

CALIFORNIA – Too many California homeowners associations are running amok. Here’s a bill to rein them in.

THE SACRAMENTO BEE:  Too many California homeowners associations are running amok.  Here’s a bill to rein them in.
BY BOB WIECKOWSKI AND DAVE JONES
August 16, 2018

Forty-three years ago this month, Congress passed the Voting Rights Act to ensure every American can register to vote and cast a ballot, and to make sure that every vote is counted. Unfortunately those cherished protections have not been extended to some of the most local elections in California.

Elections for the boards of local homeowners associations touch the lives and pocketbooks of millions. But there is little oversight of these contests, and reports of abuse are frequent. That is why the Legislature should pass Senate Bill 1265 to ensure fair elections.

Opinion

California has 55,000 homeowners associations, quasi-governmental entities that have rule-making authority over developments. A development’s covenants, conditions and restrictions set the ground rules for HOA elections, including minimum qualifications for candidates and voters, the voting power of each member, voting periods for elections and restrictions on who handles sealed ballots.  Read more:


https://www.sacbee.com/opinion/op-ed/soapbox/article216800690.html

OREGON – Oregon homeowner’s association refuses to let bus come into neighborhood to pick up a girl with special needs: lawsuit

RAWSTORY.COM:   Oregon homeowner’s association refuses to let bus come into neighborhood to pick up a girl with special needs:  lawsuit
Sarah K. Burris
August 14, 2018

A child with disabilities is suing the Oregon Senate Republican leader and a Salem homeowners association board after it voted to bar a school from picking the child up.

According to The Oregonian, Sen. Jackie Winters serves on the HOA board that is allegedly violating federal and state housing laws.

Parents Erika Hernandez and Paolo Regalado are asking the court to allow the school bus into the Golf Course Estates to pick up their daughter for school and pay unspecified damages and legal fees. They also want the HOA to create a plan to provide equal access for residents with disabilities.

The parents explained that their daughter “has developmental disabilities and attends a special needs school.”

The girl’s school district developed an Individualized Education Plan for her that specifies “due to her disability and the associated concern that she may run into the street, she is to be provided transportation to school in which the school bus picks her up directly in front of her house,” the lawsuit alleges. “(Her) medical providers also found that (her) disability required that she be provided an assisted pick-up and drop-off in front of her home.”  Read more:

TEXAS – Texas Supreme Court:   “…the homeowner did not violate the restrictive covenants …”

Tarr v. Timberwood Park Owners Ass’n, Inc. (Opinion)

         Argued February 6, 2018

Tarr v. Timberwood Park Owners Ass’n, Inc.

Justia Opinion Summary

The Supreme Court reversed the judgment of the court of appeals affirming the trial court’s decision that a homeowner violated certain restrictive covenants that limit tracts to residential purposes and single-family residents by operating a business on a residential tract and engaging in multi-family, short-term vacation rentals. 

The court of appeals concluded that the rental agreements contracted the residential-purpose limitation because the renters’ stays were merely temporary. The Supreme Court reversed, holding (1) the unambiguous restrictive covenants did not restrict the homeowner from renting his single-family residence to occupants to use his home for a “residential purpose,” no matter how short-lived; and (2) therefore, the homeowner did not violate the restrictive covenants by entering into short-term vacation rental agreements.  Read:

https://law.justia.com/cases/texas/supreme-court/2018/16-1005.html

FLORIDA – Fountain Gate Condo owners opposed to proposed $20k special assessment fee

CCFJ.NET:  Fountain Gate Condo owners opposed to proposed $20k special assessment fee
The HOA is securing a loan for a $1.5 million project. To pay back the loan it is imposing a special assessment, approximately $20K per unit, to be paid monthly over seven years.

Article Courtesy of First Coast News
By Kenneth Amaro      

Published August 2, 2018


The Fountain Gate Condominium community was built in the 1980s and now some of the buildings are in need of repair. The wood siding is rotting. Many of the property owners are aware of the need, but there is growing outrage over a special assessment fee to meet that need.

“They feel like we’re being railroaded in this because most of the homeowners are on a limited budget,” said Jody Kilgore, “they’re retired.” 

Kilgore owns a unit, she is also a director on the Homeowners Association Board. But Kilgore is against the current proposal to impose a fee on the owners for repair.

“I think we need to listen to the people’s vote,” she said. 

She acknowledged the need for the repairs but believes the unit owners are being left out of the decision-making process. Read more:

Florida – A $2,000 HOA fine for a small infraction? Is that right?

FLORIDATODAY.COM:  A $2,000 HOA fine for small infraction? Is that right?
Ryan Poliakoff
July 28, 2018
QUESTION: A neighbor in our “over 55 community” has been charged $2000 by our “infraction committee.” They had added small “fenced doggie area” in their back yard, without getting prior approval from the architectural committee. They were declared in violation of exceeding their “home footprint area”. The neighbor has removed the “fenced doggie area”. The “infraction committee chairman” has refused to rescind the $2000 violation fee. The neighbor has offered to pay with monthly installments. The “infraction committee chairman” has refused to accept this method and has demanded immediate payment. The neighbor is trying to decide whether or not to hire a lawyer. What would you do in this situation?
Poliakoff: The laws governing fining in an HOA are very precise, and so there are a few variables that your neighbor can check to determine whether or not the fine was properly applied. First, and at a very basic level, the statute provides that the maximum fine is $100 per incident, up to $1,000 in the aggregate, unless the governing documents provide that there is no aggregate dollar limit (this is different from the Condo Act, which provides that no collective fine may exceed $1,000, period). So, the first thing I would check is whether your declaration or bylaws allow for fines of greater than $1,000.   Read more:

FLORIDA – Botched mold removal causes debilitating illness, lawsuit says

CCFJ.NET:  Botched mold removal causes debilitating illness, lawsuit says
Contractors did not remove dangerous toxins from behind walls, woman says

Article Courtesy of Local 10 News — ABC
By Amy Viteri 

Published July 23, 2018


FORT LAUDERDALE – Annette Davis struggled to understand what was happening to her body.

For some time she had been living with a condition called chronic fatigue syndrome, but she was managing it with medication. Then in 2014, something changed.

“I couldn’t explain it. I just dropped so much weight. I got down to 97 pounds,” Davis said. “I started cracking teeth because I was anemic. I had my hair falling out.” 

The trouble started after February 2014. A water cooling tower on the roof of her condominium building, the Tides at BridgeSide Square in Fort Lauderdale, ruptured and dumped water into the building.

“I just started hearing what sounded like 30 bathtubs at once pouring behind my wall,” Davis said.

Davis got sicker but the cause was a mystery until 2017, when medical tests found toxins in her system that had been caused by fungus. She asked the condo management to test for mold behind the walls of her unit.  “What he found was aspergillus, which is also what was found in my body,” Davis said.  Read more: