CCFJ.NET: Brick streets come at a hefty price for Clearwater neighborhood

Article Courtesy of The Tampa Bay Times

By Tracy McManus

Published January 18, 2016

CLEARWATER — It could turn out to be the most expensive home improvement Patricia Slaughter never wanted.

After the City Council passed a policy in September detailing how neighborhoods can petition the city to install brick streets on the homeowners’ dime, the affluent Harbor Oaks subdivision was the first to go for it.

City engineers evaluated the homes and sent each resident cost estimates based on square footage of paved street near each property.

After residents saw their preliminary estimates, the roughly 100-home neighborhood with 166 property owners voted 66.9 percent in favor of the renovations — the new city policy requires at least 65 percent approval.

If the project advances, that could leave some homeowners, including Slaughter, obligated to pay their share of the brick installation in the neighborhood even though they didn’t want it in the first place.

Slaughter’s share? A cool $26,630.

“Yeah, $26,000 is a lot of money for a brick street,” said Slaughter, who voted against the assessment. “I didn’t see the sense in it.” Read more:

http://www.ccfj.net/HOAFLBrickStreet.html

CCFJ.NET: Pool at luxe Brickell condo needs massive repairs, could shut down for a year
Alleged construction problems at Icon Brickell mean two-acre swimming deck is in deep trouble

Article Courtesy of The Miami Herald

By Nicholas Nehemas

Published January 19, 2016

Residents of downtown Miami’s largest condo complex may want to jump in one of their three pools before it’s too late — the massive two-acre swimming deck at Icon Brickell is in need of major repairs and could be closed for more than a year.

The terraced deck overlooks Biscayne Bay and offers a football field-sized infinity pool, an 80-person hot tub and a lap pool. Japanese cherry blossom trees shade guests from the sun while a 12-foot outdoor fireplace, life-size chess set and café provide creature comforts.

“The pool is one of the primary draws for the entire complex,” said Peter Zalewski, a local condo market analyst.

Residents at the three-tower complex, where units run from $300,000 to $4 million, are steamed. They say they can’t get a straight answer about when the pool will close and for how long. Read more:

http://www.ccfj.net/condoMassPoolRep.html

CCHAL NewsBrief: California homeowners victimized by SBS Lien Services are entitled to monetary damages

January 22, 2016,

Homeowner David Stauber of Los Angeles County sued SBS under both state and federal fair debt collection laws, for violations of California’s Business and Professions Code (§17200), and violations of the Davis-Stirling Act governing assessment collection and foreclosure. He also sued his association, Sand Castle HOA of Torrance, California.

Because Stauber sued on behalf of all other California homeowners similarly impacted, they too can become part of the group that gets damages. Read:

http://www.calhomelaw.org

Champion Newspapers: Former treasurer admits embezzling

December 26, 2015

Chino – A former treasurer of Summit Ranch Homeowners Association in Chino Hills pleaded guilty as part of a plea bargain Dec. 17 to one felony count of grand theft after she was accused of embezzling $128,792 from the association between 2013 and 2014.
Julie Calderon is facing up to a year in a jail when she is sentenced Friday, Jan. 22, according to court records.As part of the plea agreement, she will pay full restitution to the homeowners association.

A felony charge of embezzlement will be dropped at sentencing, court records show. Read:

http://www.championnewspapers.com/police_and_fire_notes/article_94b72a70-aa7d-11e5-bbcc-cff54f7e2e38.html

WFTV.COM – Action 9: HOA sells Port Orange family’s home over $2K debt
They owned the home outright, there was no mortgage but it sold cheap.

January 19, 2016
By Todd Ulrich

NEW SMYRNA, Fla. – A Port Orange family will be kicked out of their home after it was sold at auction over a $1,900 debt. Homeowner Katelyn Annis says it’s not fair. “It’s not their home, this is our home.” Annis, her husband and children will be kicked out of their house in a matter of days. The Waters Edge Homeowners Association foreclosed and sold the family’s home at an auction to collect $1,900 in overdue fees, plus a few thousand dollars in legal costs.

Annis claims they were never told about the auction. “I feel so let down by the HOA, by our neighbors, by the board,” she said. She and her husband knew the association filed a lien to collect two-year-old association dues, but after losing their jobs, Annis said they had to delay paying. “Literally, it was either my power bill or the HOA and my power for my children comes first, “said Annis. Read more:

http://www.wftv.com/news/news/local/action-9-hoa-sells-families-home-over-2000/np7pW/

PATHEOS.COM: Do Children Have a Right to Play?
Neighbors retaliated with gangsta rap and …lewdest lyrics…

By Rebecca Frech
January 14, 2016

Collin County – Friends of ours are being sued for allowing their children to play outside. Yes, that’s a thing. It all began with a play house. Here’s the back story:

The Counts family built this playhouse on their side patio after receiving permission from the HOA. The neighbors went to the HOA meeting and complained that it blocked the view for them and their dogs. (Available in the HOA meeting minutes.) Mrs Counts went outside and looked and realized that the only view it blocked was from the neighbors’ bedroom into her living room, and wrote to the HOA who granted her a variance that the play structure could stay.

So the neighbors called the zoning board to “anonymously” report that the playhouse was too close to the Counts’ residence. The inspector came and measured and told them that the porch roof was inches too close to their house and would have to be removed.

And it was. Read more:

Homeschool Family Sued By Neighbors For Letting Kids Play Outside

CCFJ.NET: Whopping Victory for Harbor Hill Homeowners Against Developer
… developers to pay their pro-rata share of assessments.

An Opinion By Jan Bergemann
President, Cyber Citizens For Justice, Inc.

Published January 12, 2016

Homeowners of the Harbor Hills Homeowners Association, Inc. could celebrate a great victory against the developer of their community.

In a case that actually started January 19, 2005, the 5th DCA upheld a JURY VERDICT of the Circuit Court of the Fifth Judicial Circuit, in and for Lake County, Florida. Many attempts of the homeowners trying to find reasonable solutions without filing expensive lawsuits had failed over the years, leaving the owners with only one option: Seeking justice in court.

In the court case of Larry Bell and Esther Line on behalf of Harbor Hills Homeowners Association, Inc. as Plaintiffs vs Harbor Hills Development, L.P. and Michael Rich, Adam Rich, Lu Ann Miller, Steve Henne, Van Albanese, Ed Frayer and Michelle Pinder as Defendants filed in the Circuit Court of the Fifth Judicial Circuit in and for Lake County the homeowners prevailed in a whopping victory and finally forced the developer to pay its fair share of the cost.

The judgments against the Developer and its President, Michael Rich were affirmed in total by the 5th DCA on November 10, 2015. The Developer had to pay $701,793.78 and Michael Rich had to pay $2,628 to the Homeowners’ Association for Breach of Fiduciary Duty. The Plaintiffs were also awarded attorney’s fees. The case is of utmost importance because it is requiring developers to pay their pro-rata share of assessments. In other words, all owners of property, Developer and non-developers, should be treated fairly and equally. PAY ATTENTION DEVELOPERS! Read more:

http://www.ccfj.net/CCFJHarborHillLawSuit.htm

CCFJ.NET: Operator pulls out of Brickell condo’s disastrous robotic parking garage

Article Courtesy of The Miami Herald

By Nicholas Behemas

Published January 15, 2016

Never send a robot to do a valet’s job. The company that built and ran the disastrous robotic parking garage at a luxury Brickell condo has pulled out of its contract after declaring bankruptcy.

New Jersey-based Boomerang Systems asked a federal judge to cancel its agreement with the Brickell House condo association late last month. Judge Mary Walrath, who is supervising the company’s bankruptcy, agreed to the request in an order dated Dec. 21. Walrath also said that a new company could take over for Boomerang.

Developer Harvey Hernandez told buyers that Boomerang’s innovative robotic garage would make parking at Brickell House a breeze. Instead the robots were overwhelmed, especially during the crush of rush hour, causing long waits for impatient residents. Read more:

http://www.ccfj.net/condoRobGarClosed.html

CCFJ.NET: Board President Demands Disqualification of Retired Military Officer and Vietnam Veteran for Not Proving Military Service

CCFJ.NET – An Opinion By Arthur Grimes

Published January 16, 2016

Oak Hollow Property Owners’ is back in the news! Several years back, property manager Julie Marr was fired after months of intolerable behavior, including false information and refusing to give out employee wages. Board Attorney Ernest Sturges was taken into mediation for encouraging her not to divulge employee wages.

Last Thursday, at a regular board meeting, board president Richard Champion publicly took a bold move. He ordered the property manager Judy Long to remove the board application of Retired Coast Guard Chief Warrant Officer Arthur Grimes, a Vietnam and Gulf War veteran and sitting board member who has served on Oak Hollow’s Board several times. Champion announced to the board and owners present that Grimes’ application was “fiction” and demanded its removal from the election package for not proving his military service.

That was the second blitz attack. About a week earlier, Champion and property manager Judy Long arranged the first blitz attack. Read more:

http://www.ccfj.net/CCFJAGCandRem.htm

KTVZ.COM: Salem family accuses homeowner’s association of discrimination

January 14, 2016
Associated Press

SALEM, Ore. (AP) — A family is suing their former homeowner’s association because they weren’t allowed to park a motor home in their driveway for their disabled daughter.

The Statesman Journal in Salem reports (http://stjr.nl/1PdGUwo ) that Gary and Renee Kuhn have filed a lawsuit in federal court against the McNary Estates homeowner’s association, in Keizer, saying it violated fair housing laws.

The Kuhns’ daughter suffers from severe bowel incontinence and needs to be near a toilet at all times. Medical providers recommended the 33-year-old daughter travel in a mobile home. When the Kuhns asked for an exception to the rule banning motor homes in driveways, they were denied.

The Kuhns sold their home and moved as a result.

The lawsuit asks the court to order the homeowner’s association to implement a plan to provide equal access to people with disabilities. Read:

http://www.ktvz.com/news/salem-family-accuses-homeowners-association-of-discrimination/37435656