Category Archives: Uncategorized

NEVADA – Deposition says HOA fraud figure was warned about FBI raids by State Supreme Court Justice Saitta

Las Vegas Review-Journal: Deposition says HOA fraud figure was warned about FBI raids by State Supreme Court Justice Saitta
By Jeff German
March 27, 2016

Nevada Supreme Court Justice Nancy Saitta “tipped off” a key government target to FBI-led raids in an investigation of massive homeowners association fraud, according to a sworn deposition obtained by the Las Vegas Review-Journal.

In the deposition, Lisa Kim, who ran a company that managed HOAs linked to the long-running investigation, testified that the FBI’s target, the late lawyer Nancy Quon, told her about the tip on Sept. 24, 2008, the first of two days of court-approved law enforcement searches across the valley.

“I was literally sitting at my office in tears … and I received a text message from Nancy Quon that said that she had been tipped off by Justice Saitta that the feds were serving search warrants, ” Kim testified. “And I said … ‘They are at my office now. And that was it. And that’s the last time I got a text or anything from Nancy.’”

The next day investigators searched Quon’s office. She did not tell Kim how Saitta — who has denied the allegation — would have learned about the raids, which by then had attracted media attention.

Quon became wealthy as a high-profile construction defect lawyer. But her notoriety also caught the attention of the government, which made her a top target of the HOA investigation. The case focused on a wide-ranging scheme to take over HOA boards through election rigging so that her law firm could land lucrative contracts to sue for construction defects. Work repairing the defects was then steered to a construction company owned by her friend, Leon Benzer. Prosecutors alleged the conspiracy went on from 2003 to 2009.

Quon killed herself in March 2012 under the weight of the investigation and was not charged. Benzer pleaded guilty last year as the mastermind of the scheme and was sentenced to 15 years in federal prison.

Saitta, who was first elected to the Supreme Court in 2006, presided over construction defect cases while she was a Clark County District Court judge. Quon often appeared before her.  Read more:

FLORIDA – Condo owners face financial losses under receivers’ watch

CCFJ.NET:  Condo owners face financial losses under receivers’ watch

Article Courtesy of The Miami Herald

By Enrique Flor and Brenda Medina

Published March 24, 2016

Rodolfo Rodríguez believed he had made a good investment for his retirement when he bought a condo in Miami at a bargain price after the real estate crisis.

The 74-year-old taxi driver fixed up the apartment he bought for $20,000 in August 2011 and rented it to a family for $800 a month.

But there were hidden troubles at the Tropical Point condominium on Northwest 15th Street and 15th Avenue. Like many other Miami-Dade condominiums, its owners’ association faced grave financial problems in the wake of the crisis. Its funds were shrinking as some owners defaulted on their mortgages and stopped paying the monthly maintenance fees.

And the board of directors had accepted a suggestion by the company hired to collect the fees owed, APG Partners LLC, to ask a judge in a Miami-Dade civil court to appoint a receiver who would help to fix the financial problems. Rodríguez and other owners, including some former members of the board, now say the receiver and companies linked to her became “their worst nightmare.” Tropical Point is one of many Miami-Dade condos whose directors went to court to request the appointment of a receiver to help them regain their financial stability. In theory, the receivers take over units that are vacant or have defaulted on their mortgages, rent them and pass the income to the owners’ association to make up for the owners who are not paying their maintenance fees. In exchange, the receiver is allowed to pocket a set percentage of the rent.

During the 18 months that Caridad Alina Ortega, the receiver appointed by Judge José Rodríguez, was in charge of Tropical Point, some of the owners paid thousands of dollars for maintenance and their debts, as well as special assessments. But conditions never improved, according to the testimony of several residents of the complex, which also faced a lien by the city of Miami. The electricity and water bills were not paid, and elevators and fire alarm and sprinklers were not repaired.

Barely one month after her appointment, Ortega put a lien on Rodríguez’s unit for allegedly falling behind on payments of a special assessment to repair the elevator and fix up his apartment. The bill totaled $3,754, including late fees.

Rodríguez said he had just finished paying about $500 on his debt for maintenance fees, and had no more money.  Read more:

FLORIDA – Crack down on condo association abuses

CCFJ.NET:  Crack down on condo association abuses

Article Courtesy of The Miami Herald

By Miami Herald Editorial Board

Published March 26, 2016

 

Allegations of fraud by condominium associations in South Florida is nothing new, but the latest case to come to light is shocking in its scope.

And it reveals something else: That investigation into such abuses by local authorities is too infrequent, and many condo residents are left frustrated without the help of the agencies created to protect them.

Last week, el Nuevo Herald reporters Brenda Medina and Enrique Flor, focused the spotlight with their in-depth investigation into possible fraud at The Beach Club condo complex in Fontainebleau Park and other condos in South Florida.

The probe, conducted with the help of Univision 23, uncovered numerous complaints filed by Beach Club residents alleging disturbing irregularities in the administration of their condo complex.

Among the most egregious discoveries is the forging of signatures of up to 84 condo owners — many linked to an election held last November to select Beach Club board members. The reporters also found that the board awarded a multimillion-dollar contract to a company for complex roof repairs without a proper bidding process, as required by law. Get this: The companies that were listed as offering competing bids were fictitious, el Nuevo’s investigation found.

Days after the first installment was published, Miami-Dade police announced that it is launching an investigation into the allegations of fraud at The Beach Club, which is west of Miami International Airport.

This marks progress, because, in the past, authorities have ignored complaints from several residents of the complex — that’s another one of the series’ findings.  Read more:

KANSAS – Homeowners Association denies Topeka Veteran a home

KSNT.COM:  Homeowners Association denies Topeka Veteran a home
By Tyler Carter
March 22, 2016

TOPEKA (KSNT) – A Topeka veteran is left without a home after a local homeowners association denied his VA loan after originally giving him approval.

Stan Simmons decide to put his home on the market 2 months ago.

Looking to help ease the expense of purchasing a home, Simmons applied for a Veterans Affairs loan.

When it was approved Simmons thought moving into the Pheasant Run community would give him a fresh start. But it has now turned into a nightmare.

“Then we went to get the financing arranged and found out that the Homeowners Association in Pheasant Hills does not accept VA loans,” said Stan Simmons.

Simmons was told by his realtor Monday that the Homeowners Association does not accept any type of government loan.

“The original MLS sheet we ran off they listed VA, FHA, conventional and cash,” Simmons said.

But looking at a copy of the multiple listing service today VA and FHA loan options were no longer there. Read more:

TEXAS – Battle heats up over proposed tower in Uptown

HOUSTON CHRONICLE:  Battle heats up over proposed tower in Uptown
By Nancy Sarnoff
March 23, 2016

A Houston developer has filed a pre-emptive strike against the owners of a luxury high-rise near the Galleria to head off an “inevitable lawsuit” over its plans to build a tower next door.

 “We’re a little bit in shock,” said Karen Brown, president of the Cosmopolitan Condominium Association, which is now a defendant in a lawsuit filed by the developer this week in Harris County.

Brown said Wednesday that her group met with the developer, Dinerstein Co., several times to discuss homeowners’ concerns over the size of the proposed tower, its proximity to their own 22-story building, and related traffic and safety issues. She said the association wants the building to be half as tall and 100 feet farther away.

“They want to build a 40-story building 10 feet from us,” Brown said. “We think that’s unreasonable.”

But she said she was surprised to learn that the owner of the lot next door, an affiliate of Dinerstein Co., had filed suit against her group.

The dispute concerns a proposal to build a high-rise condo on the northwest corner of Post Oak and San Felipe, adjacent to the Cosmopolitan, 1600 Post Oak Blvd. The developer purchased the 1.5-acre parcel, currently a shopping center, last year.A Houston developer has filed a pre-emptive strike against the owners of a luxury high-rise near the Galleria to head off an “inevitable lawsuit” over its plans to build a tower next door.

 The dispute concerns a proposal to build a high-rise condo on the northwest corner of Post Oak and San Felipe, adjacent to the Cosmopolitan, 1600 Post Oak Blvd. The developer purchased the 1.5-acre parcel, currently a shopping center, last year.   In its lawsuit, the developer is asking for a declaratory judgment prohibiting the homeowners association from asserting a nuisance claim for the construction of the tower. It also wants a judge to declare that the association does not have standing to assert an action “based on alleged violations of city ordinances.” Attorney’s fees are also being sought.  Read more:

FLORIDA – Questions arise over bids in condo roofing repairs

Miami Herald:  Questions arise over bids in condo roofing repairs
By Enrique Flor and Brenda Medina
March 18, 2016

Cira and José Rodríguez have resigned themselves to losing the condo they bought seven years ago.

The retired couple cannot afford to pay the special assessment approved by the board of their condo, The Beach Club at Fontainebleau Park in Northwest Miami-Dade County. The assessment more than doubles their monthly maintenance fee.

“We could lose our apartment … just when I am about to turn 78 years old. It seems incredible that this can happen to me,” said Jose, his voice breaking. Added Cira: “It’s difficult when you have worked all your life to have a comfortable retirement, and here we are.”

The assessment fees stem from repairing the roof of 12 buildings in the complex. Six months before its members were reelected in an election in which numerous condo owners contend their ballot signatures were forged, the condo board approved the $5.2 million contract, signed with a 1-year-old roofing company.

Now, the Rodríguezes must pay their regular monthly maintenance fee of $240 per month, plus another $260 per month to cover the assessment.

“We would have to pay more than what we receive from our retirement, and that’s totally impossible,” Cira said. “The lawyer [for the condo association] told us that if we did not pay the special assessment, they could seize our apartment.”  Read more:

FLORIDA – Cops begin investigation of The Beach Club at Fontainebleau Park

CCFJ.NET:  Cops begin investigation of The Beach Club at Fontainebleau Park

Article Courtesy of The Miami Herald

By Enrique Flor And Brenda Medina

Published March 19, 2016

The Miami-Dade Police Department released a statement Wednesday saying that it had started an investigation into possible fraud in The Beach Club at Fontainebleau Park condominium.

Police spokesperson Alvaro Zabaleta said agents from the Economic Crimes Division started investigating because of alleged irregularities brought forth by tenants of the condominium that were revealed as part of an investigative series published in the Miami Herald and el Nuevo Herald and aired on Univision 23.

“There are detectives already assigned to investigate the possible fraud,” said Zavaleta in a statement to el Nuevo Herald. “They’ve already interviewed residents of the condominium.”  Read more:

FLORIDA – Multiple South Florida condos under state investigation for election fraud

CCFJ.NET:  Multiple South Florida condos under state investigation for election fraud

Article Courtesy of The Miami Herald

By Enrique Flor and Brenda Medina

Published March 16, 2016

In 2015, Miami-Dade recorded the highest number of complaints of irregularities and fraud in the administration of condos of any county in Florida.
El Nuevo Herald and Univision 23 launched its own investigation after allegations of fraudulent ballots at several South Florida condominiums.
At one Hialeah condo, a 2015 vote received 115% participation of owners; at The Beach Club at Fontainebleau Park, dozens of apartment owners claim their signatures were falsified

Nurse Virgilia Corcés is certain she did not vote in the election for the board of directors of her condominium, The Beach Club at Fontainebleau  Park in northwest Miami-Dade. She was busy those days, taking care of her father who is ailing with cancer.  Read more:

GEORGIA – Neighborhood gate opens up HOA troubles

FOX5ATLANTA.COM:  Neighborhood gate opens up HOA troubles
By Dana Fowle
March 14, 2016

– A quiet, DeKalb County neighborhood off of Flat Shoals Road is cozy with its bungalows, townhomes and single family houses. But, neighbors say, their new homeowners’ association president has created tension. “I’ve lived 10 years and I’ve never seen anything like this. It could be a reality show,” said Lauren Hise , a Brighton Village homeowner Brighton Village Board Treasurer Derick Montgomery chimed in, “I’m exhausted and tired and very frustrated.”

Many residents and some board members also blame the property management group, Sentry Management, for the new tension which spilled into a recent meeting. In an audiotape, you can hear Sentry representative Caren Brown challenges board member Brianna Gage who has pushed back at how the community is being treated.  “Do you want to see me outside Brianna? Let’s go,” yelled Ms. Brown.
Board treasurer Derick Montgomery was there. I said, ‘We’re professionals. We are not going to engage in a fist fight with a property management who is on the clock and we’re paying her to be there’.”
So how did it come to this? The installation of a security gate opened the neighbors’ eyes to just how closed off they feel they are to the management of their community. Even the HOA treasurer, the man in charge of the finances, says he no longer has a say in how the money is spent.
The treasurer says Brighton Village shelved an $80,000 gate proposal because they didn’t have the money. But then after new board leadership arrived, he says, a gate was going in and the price was going up.
“And we’re now at $135,000,” he told the Fox 5 I-Team.  Read more:

SOUTH CAROLINA – York County leaders won’t stop new roads

The Herald:  York County leaders won’t stop new roads
 If a builder turns over roads to a homeowner association for maintenance, the county has fewer assurances of proper construction and maintenance.

By John Marks
March 14, 2016
LAKE WYLIE

York County won’t stop taking in new roads as incoming developments lay them, instead searching for other answers to their maintenance problem.

The idea of no longer accepting new roads came up several times previously as York County Council struggles to find ways of improving road maintenance. The idea came up formally in a January transportation committee meeting, with a planning staff study following.

“This is why you study things,” said councilman Michael Johnson. “This had a nice sound to it, until you read about it.”

If the county stopped accepting new roads into its maintenance system, a savings would follow for about five to seven years. The problem, the study found, comes later. If a builder turns over roads to a homeowner association for maintenance, the county has fewer assurances of proper construction and maintenance.

“We can’t go down this road and put it on the backs of homeowners, HOAs,” said councilman William “Bump” Roddey. “It’ll be disastrous.”  Read more: