Category Archives: Uncategorized
TEXAS – Impact of Embezzlement in an Emergency!
Neighbors at War: Impact of Embezzlement in an Emergency!
By Ward Lucas
January 12, 2016
OK, the biggest reason for a Homeowners Association is to protect property values. Right? Well, let’s visit another of hundreds of thousands of parallel cases around the country. This one involves the Big Wood Springs HOA in Winnsboro, Texas.
I’ve lived in Texas, El Paso and San Antonio, and even as a kid I knew how powerful some of those winter and spring storms could be.
Members of this HOA were trapped when a December storm damaged the only bridge that separates them from the rest of the world. They need tens of thousands of dollars to repair the bridge along with a number of HOA roads which were damaged by the rains. Emergency vehicles can’t reach them, visiting nurses can’t reach elderly homeowners. Government agencies can’t help out because the damaged bridge is on private property. It’s illegal to use state funds to improve or repair privately-owned structures. Read more:
TEXAS – Soon-to-shutter Conroe golf course in limbo
HoustonChronicle.com: Soon-to-shutter Conroe golf course in limbo
“Most developers try at this point to avoid golf courses like the plague”
By Nancy Sarnoff
January 11, 2016
CONROE – Relaxing in his oversized leather lounger, Wayne Norman is surrounded by the trappings of suburban success: a big house on a cul-de-sac with 14-foot ceilings and four bedrooms for when the grandchildren come to visit.
But his most prized domestic possession is what you find just outside his back door – Wedgewood Golf Course, an 18-hole course spread over about 120 acres of undulating terrain amid the piney woods of Conroe.
“It was a dream of mine as a kid to be married to someone who loved to play golf and to live on a golf course,” said Norman, a retired salesman who’s been hitting the links for more than 50 years.
But what drew Norman and many of his neighbors to this upscale subdivision north of Houston, where towering pines and curving farm-to-market roads give off an air of country living, is being threatened by a potential real estate deal that could result in parts of the golf course being redeveloped, possibly into more houses.
After financial setbacks put the property into the hands of a Texas bank, the nearly 30-year-old Wedgewood course is closing this month. Norman and his neighbors fear what could happen to their property values if the land is sold to builders or if it’s not maintained. Read more:
CALIFORNIA – Federal Court Awards Damages to Homeowners
CALHOMELAW.ORG: Federal Court Awards Damages to Homeowners
CCHAL
January 10, 2016
The US Central District Court is in the process of
identifying association homeowners – like (David) Stauber – who
have been impacted by the “deceptive and abusive” business
practices of SBS Lien Services. The company is based in
Westlake Village, California (Los Angeles County.)
Homeowners victimized by SBS Lien Services will be awarded
monetary damages under a settlement recently reached in
the Central District federal court of Los Angeles.
SBS is one of dozens of firms hired by California
associations to do assessment collection on accounts
claimed to be delinquent.
Homeowner David Stauber of Los Angeles County sued SBS for
“engaging in abusive and unfair business practices” under
both state and federal fair debt collection laws.
He also sued 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.
The lawsuit was triggered by a demand letter from SBS
telling Stauber to pay his account balance in full within
30 days – otherwise SBS would proceed to record a Notice
of Default (NOD) against his home. The NOD starts the
official foreclosure clock.
Stauber sued SBS under the federal Fair Debt Collections
Practices Act (FDCPA, 15 U.S.C. §1692 et seq.)
ALABAMA – New Alabama law creates state HOA database
IndependentAmericanCommunities.com: New Alabama law creates state HOA database
…information will be uploaded to a searchable database
By Deborah Goonan
January 6, 2016
The state of Alabama recently enacted a new law that will require all homeowners’ associations (HOAs) to register and file governing and financial documents with the Secretary of State.
The information will be uploaded to a searchable database, so that real estate agents, as well as prospective residents – buyers or even tenants – will know in advance if a particular home is subject to deed restrictions and rules of an HOA. Read more:
FLORIDA – Condo official’s illness starts probe that leads to grand theft, fraud charges
CCFJ.NET: Condo official’s illness starts probe that leads to grand theft, fraud charges
Article Courtesy of The Sun Sentinel
By Adam Sacasa
Published January 9, 2016
A medical condition launched the discovery that led to accusations that a woman stole nearly $58,000 while treasurer of a Palm Beach Gardens homeowners association.
Martha Susan Coppock-Hughes, 58, of Palm Beach Gardens, was arrested Tuesday and is facing fraud and grand theft charges.
After the Royal Point Manor East Condo Association held its annual meeting in January 2015, the association collected dues from its 18 members, as usual, for several months.
But in May, Coppock-Hughes suffered a stroke, causing other members of the HOA to pick up her duties. When they did, they discovered she was missing a check to pay her fees, according to a Palm Beach Gardens police arrest report.
Coppock-Hughes explained to former HOA president Brigitte Mathews that she hadn’t paid maintenance fees for ten years because of “all the work I was doing,” the report quoted her as saying. Read more:
NEVADA – Last defendant in massive HOA scheme sentenced to prison
Las Vegas Review-Journal: Last defendant in massive HOA scheme sentenced to prison
By Jeff German
January 5, 2016
The last defendant in the long-running investigation into the scheme to take over and defraud homeowners associations was sentenced to federal prison Tuesday.
Stephanie Markham, 57, who now lives in New York, was ordered to serve 15 months behind bars and spend three years on supervised release after prison for lying about her role in the massive scheme.
U.S. District Judge James Mahan also ordered Markham to perform 100 hours of community service.
Her sentencing officially ends the largest public corruption case federal authorities have brought in Southern Nevada. More than 40 defendants, including lawyers and former police officers, either pleaded guilty or were convicted at trial.
The high-profile case, which lasted more than eight years and led to several deaths, was overseen by the Justice Department’s Fraud Section in Washington. The investigation became public in September 2008 when the FBI, Las Vegas police and IRS conducted raids across the valley.
Justice Department prosecutor Alison Anderson sought a 21-month prison term for Markham on Tuesday, arguing she was “totally involved” in the takeover conspiracy and repeatedly lied to authorities.
But after pleas for leniency from Markham and her lawyer, Robert Langford, Mahan handed down the lighter sentence. Read more:
http://www.reviewjournal.com/news/las-vegas/last-defendant-massive-hoa-scheme-sentenced-prison
FLORIDA – Living Miserably in a Florida Association
CONDOHOALAW.blogspot.com: Abuse of Power – Living Miserably in a Florida Association
(Valuable insight from 2014)
By Barbara Billiot Stage
April 16, 2014
If I had to briefly describe Florida community associations (COAs, HOAs, Mobile Home Parks) I would sum it up to “abuse of power.”
A majority of the associations in the State of Florida abuse the power granted to them by the statutes and the governing documents (Declarations, Bylaws, Articles of Incorporation, and Rules and Regulations) of the association. In the early to mid0-2000s, House Representative Julio Robaina, who was head of the House Select Committee on Condominium and HOA Reform set up town hall meetings all over the state to listen to the complaints by owners regarding their associations. Hundreds of people attended these town hall meetings and only one or two people ever spoke up to say they were happy with their association. As you can guess these one or two people were board members.
Don’t get me wrong; there are a number of good associations out there who do their job without abusing the owners. I know because the associations I represent operate their communities that way or I would not be representing them. Read more:
http://condohoalaw.blogspot.com/2014/04/abuse-of-power-living-miserably-in.html
CALIFORNIA – HOA golf clubs, property values, and increasing financial liability of homeowners
HOA CONSTITUTIONAL GOVERNMENT: HOA golf clubs, property values, and increasing financial liability of homeowners
By George K. Staropoli
December 30, 2015
According to the Desert Sun, the question of the relevance of golf clubs in maintaining property values in an HOA was brought before the California courts.[1] A number of homeowners in Rancho Mirage, CA are challenging fees imposed on them to support a golf club that they rejected joining when they bought their homes. The HOA justifies its fees, saying that the golf club helps to maintain property values and home resale prices.
One homeowner was quoted, “Now, no homeowner can be sure about their financial future . . . . You build your economic plan on a certain set of assumptions, and one of those assumptions is, I’m going to be treated fairly.”
“The HOA board argues that a well-maintained club is critical to maintaining the community’s high property values. Club president described the course as ‘the community’s backyard,’ suggesting that although homeowners might not play golf, they benefit from the club’s success.”
The Associa property manager argues that homeowners don’t understand that the biggest part of their home’s value is the golf club, which they have very little control over. The board, in fulfilling is obligations, can either enforce mandatory club membership or raise fees. Read more:
FLORIDA – Luxury Sunset Islands Torn Apart by Neighborhood Fight Over a Sidewalk
CCFJ.NET: Luxury Sunset Islands Torn Apart by Neighborhood Fight Over a Sidewalk
…the sidewalk was to provide access for people with disabilities and greater safety to pedestrians …
Article Courtesy of The Miami New Times
By Jessica Weiss
Published January 1, 2016
With their prime location near South Beach and luxe cachet, the four gated Sunset Islands are home to some of Miami Beach’s most rich and famous residents, from mega-developer Scott Robins to nightclub impresario David Grutman. In a neighborhood known for its epic sunset views, where homes sell for upward of $26 million, you’d think residents would spend their days happily relaxing in the lap of luxury.
Think again. In the past few months, one seemingly minor neighborhood proposal has turned the two southernmost islands, known as Sunset III and IV, into a full-on neighbor-versus-neighbor war zone. The item of contention: a proposed sidewalk.
“This whole fight is disgusting,” says Peter Luria, a former homeowners’ association board member who is in favor of a sidewalk for better access. “There have been many instances where pedestrians have almost been run over. We’re talking about safety here.”
Sunset Drive, which spans from Sunset Harbor to the Sunset Islands, is a busy throughway — and a popular route for pedestrians traveling to and from the islands. In February 2014, the City of Miami Beach approved and funded the construction of a sidewalk along Sunset Drive as part of a large-scale neighborhood renovation project involving utility, street, water, and sanitary improvements. According to the city and experts, the sidewalk was to provide access for people with disabilities and greater safety to pedestrians and would connect to the existing sidewalks on two Sunset Island bridges. Read more:
FLORIDA – Bank files class action against company over allegedly illegal collection practices
CCFJ.NET: Bank files class action against company over allegedly illegal collection practices
…company…buys delinquent receivable accounts from condominium and homeowners associations
Article Courtesy of The Legal Newsline.com
By Jessica Karmasek
Published December 30, 2015
TAMPA – A full-service bank has filed a class action lawsuit against a specialty financing company that buys delinquent receivable accounts from condominium and homeowners associations, alleging the company’s practices are illegal.
Plaintiff Wilmington Savings Fund Society, FSB, as trustee of the Primestar-H Fund 1 Trust, sued Business Law Group PA, or BLG; LM Funding LLC, or LMF; and Bruce Rodgers, who is set to become chairman of the board and CEO of LM Funding America Inc. and will remain a substantial stock owner after the company goes public.
Wilmington Savings filed its class action in a Florida circuit court Oct. 28.
The bank, which does business in Hillsborough County and in the state of Florida, purchases notes and mortgages securing residential properties in the state. According to the bank’s lawsuit, it then improves and sells the residential properties. Read more:
HOA Reform Coalition 