Category Archives: Uncategorized
South Carolina – Homeowners Faced With Big Bills to Fix Dams Deemed Unsafe
ABC NEWS: Homeowners Faced With Big Bills to Fix Dams Deemed Unsafe
Those legally responsible for the dams — mainly homeowner associations and individual families …
By Seanna Adcox, Associated Press
October 26, 2015
Columbia, S.C. – People who live around dozens of lakes in South Carolina are under emergency orders to repair or replace dams that ruptured or were deemed unsafe by inspectors after the historic rains this month, and they face staggering bills ranging from thousands of dollars to perhaps millions.
Those legally responsible for the dams — mainly homeowner associations and individual families — don’t have a lot to time to develop their plans and face potential fines if they don’t comply. They also don’t have any certainty about how to pay for the projects. Privately owned dams generally aren’t eligible for help from the Federal Emergency Management Agency, and they’re unlikely to be covered by private insurance. How much all of it will cost is still unknown.
“That’s the magic question,” said Laban Chappell, co-owner of a 40-acre lake in Lexington that emptied when the lake’s dam failed Oct. 4. Read more:
http://abcnews.go.com/US/wireStory/homeowners-faced-big-bills-fix-dams-deemed-unsafe-34742865
FLORIDA – OUC cuts water at troubled Orange County condo complex
CCFJ.NET: OUC cuts water at troubled Orange County condo complex
“The tenants are left with the consequences of poor management and neglect by the individuals responsible for Tymber Skan properties.”
Article Courtesy of News 6 Orlando
By Mark Lehman
Published October 22, 2015
ORLANDO — Hundreds of residents in the Tymber Skan on the Lake Condominiums were notified on Monday that water service will soon be shut off at their homes.
Orlando Utility Company and Orange County Code Enforcement workers went door to door in sections 1 and 3 in the complex. With a deputy escort, they told residents their water would be turned off on Nov. 9.
“The association fees have not been getting paid, so OUC will be disconnecting the water,” said a code enforcement worker.
OUC said the complex has accumulated more than $100,000 in unpaid debt. Read more:
TEXAS – Texas couple paint their house bright shade of teal only to receive death threats from neighbors who call them ‘white trash’ and refer to their home as the ‘Smurf house’
DailyMail.Com: Texas couple paint their house bright shade of teal only to receive death threats from neighbors who call them ‘white trash’ and refer to their home as the ‘Smurf house’
By Ollie Gillman
October 23, 2015
A couple who painted their house bright blue say they have received death threats after a picture of their home was posted online.
Keely Dubrova and her husband Peter said their local homeowner’s association approved their request to turn their property a shade of teal.
But, after numerous complaints and abuse online, the Texas couple have now been told their ‘Smurf house’ must be re-painted.
The Dubrovas, who live near Lake Houston, said they wrote off to Atascocita Community Improvement Association and were told they had permission to paint their Victorian-style house blue.
The couple had recently built a fountain, bar, swimming pool and gazebo in the back garden – where they married.
After they painted the outside walls blue, an anonymous realtor posted a picture of the home on a local website, where hundreds of people weighed in with their thoughts – but some were more extreme than others. Read more:
FLORIDA – Active duty sailor loses home to unpaid HOA fees
First Coast News: Active duty sailor loses home to unpaid HOA fees
By Ken Amaro, First Coast News
October 16, 2015
JACKSONVILLE, Fla. — The home Mark Bryant purchased in 2006 is modest but he loves it.”I worked real hard for my house,” he said. While stationed at Mayport, the gunner’s mate purchased the house in the Creekside subdivision with hopes of returning to Jacksonville when he retires. “Now it is being taken away from me due to a wrongful foreclosure,” he said.
Bryant is still active duty in the Navy, stationed in Virginia. He lost his home because of $750 in unpaid homeowners association fees. “It has been stressful,” said Bryant. How did this happen?
His documents show he was stationed in Bahrain during the two years the fees went unpaid — 2012-2014. Bryant said he was never notified. Court records show an unnamed woman was served in Virginia at a previous address. Bryant said the unnamed woman in the record is not his ex-wife. Read more:
NEVADA – Disbarred Vegas lawyer linked to massive HOA scheme dies in federal custody
Las Vegas Review Journal: Disbarred Vegas lawyer linked to massive HOA scheme dies in federal custody
By Jeff German
October 15, 2015
A disbarred Las Vegas attorney convicted in the scheme to take over and defraud homeowners associations has died in federal custody at a local hospice, one of his lawyers said Thursday.
The death of Barry Levinson on Wednesday night came as lawyers Brent Bryson and Cal Potter were preparing a civil rights lawsuit against authorities over his deteriorating health.
Levinson, 48, who had been suffering from heart problems, is the seventh player in the massive HOA scheme to die since 2008. He was among 42 defendants convicted in the long-running investigation regarded as the largest public corruption case in Southern Nevada.
The Clark County coroner’s office confirmed it had a case on Levinson, but said it could not provide information on his death.
Bryson said he believes Levinson did not receive proper medications while originally being held in August at the Clark County Detention Center and then the High Desert State Prison, about 40 miles northwest of Las Vegas, just south of Indian Springs. Read more:
CALIFORNIA – Legal Ruling Strikes Blow to Homeowners Association
WebWire.com: Legal Ruling Strikes Blow to Homeowners Association
Ruling in the case that inspired the bestselling novel, “HOA Wire” holds that foreclosure sale after judicial foreclosure judgment is void due to failure to follow pre-foreclosure requirements of Davis-Stirling Act.
Santa Monica, California – WEBWIRE
October 17, 2015
Author and attorney Kenneth Eade announced today a court ruling invalidating a foreclosure sale in the case that inspired his bestselling novel, “HOA Wire.”
In California, the Davis-Stirling Common Interest Development Act, gives a homeowners association the authority to levy assessments, which become an involuntary lien against the homeowner’s interest when the HOA records a “Notice of Delinquent Assessment,” and gives the HOA the right to enforce that lien in any manner permitted by law, including foreclosure. Thus, if the homeowner does not pay a delinquent assessment, his or her interest may be sold at either a judicial or non-judicial foreclosure sale, resulting in the possibility of the HOA becoming the owner of the unit and evicting the homeowner from their own home. Read more:
FLORIDA – What happened when Panama condo owners tried to fire Donald Trump
FORTUNE.com: What happened when Panama condo owners tried to fire Donald Trump
The two are now cooperating.
By Michael Addady
October 12, 2015
The Trump Ocean Club, a Trump-branded condominium association, has attempted to fire Donald Trump following allegations of mismanagement, overspending, and undisclosed executive bonuses, the Associated Press reported.
During the four years that Trump Panama Condominium Management LLC managed a 70-story waterfront tower in Panama City, a team installed by the Trump family to run the operation was accused of “running up more than $2 million in unauthorized debts, paying its executives undisclosed bonuses and withholding basic financial information from owners,” according to the AP.
Eric Trump, the real estate mogul’s son, maintains that the building is “an amazing icon and, frankly, a great testament to America,” and he said the allegations are simply a way for the condo association to tarnish the Trump name and reputation.
The Trump Organization was in full control of both the condo development and the hotel, which the AP attributes to “legal chicanery.” Many condo owners live abroad, and a fine print clause in their contracts essentially gave up their votes to the Trump Organization, which could now vote on behalf of hundreds of owners. The Trump Organization also purchased a storage closet in the building, giving it the right to appoint its chief executive as president of the board, effectively giving the company total control.
It used that control to move money between the condo and hotel businesses, despite a contractual obligation that requires each component of the building to have separate bank accounts, which the company simply ignored. This resulted in a conflict of interest, which led to Trump’s management team racking up debts of over $2 million, the AP said. Read more:
NEVADA – FHFA, Fannie and Freddie File Defensive Class Action in Nevada
JDSUPRA BUSINESS ADVISOR: FHFA, Fannie and Freddie File Defensive Class Action in Nevada
…an effort to “avoid the cost and burden of piecemeal litigation” of hundreds of cases in the Nevada HOA foreclosure crisis…
By Heather Howell Wright – Bradley Arant Boult Cummings LLP
October 14, 2015
In an effort to “avoid the cost and burden of piecemeal litigation” of hundreds of cases in the Nevada HOA foreclosure crisis, the Federal Housing Finance Agency (FHFA), Fannie Mae, and Freddie Mac (collectively, “Plaintiffs”) recently filed a putative class action and motion to certify a defensive class, pursuant to Rule 28 (b)(2) and (b)(1)(B), in the District of Nevada.
Plaintiffs seek to certify a defensive class consisting of “all current record owners—other than Fannie Mae, Freddie Mac, or the Conservator—of Units as to which: (1) HOA Foreclosure Sales have been or will be completed on or after September 18, 2009, (2) an Enterprise Lien had attached and had not been satisfied at the time of the applicable HOA Foreclosure Sale, and (3) the Court may assume and exercise in rem jurisdiction.” Plaintiffs assert that 12 US.C. § 4617(j)(3) preempts Nev. Rev. Stat. § 116.3116 and that HOA Foreclosure Sales do not extinguish Fannie Mae or Freddie Mac liens. Read more:
http://www.jdsupra.com/legalnews/fhfa-fannie-and-freddie-file-defensive-47111/
FLORIDA – Here Come The Special Assessments!
Neighbors at War: Here Come The Special Assessments!
By Ward Lucas
October 13, 2015
guest blog by Deborah Goonan
When buyers consider a condominium association, they are often sold on a “carefree, maintenance free” lifestyle. There are promises that someone else will take care of the landscape, cleaning the sidewalks and parking lots, and most exterior maintenance. It can be very enticing for busy professionals or retirees who don’t have the time or inclination to do the work themselves.
But the reality is that, when you buy into a Association-Governed Residential Community, you are actually purchasing shares in a corporation. And the truth is, all too often that corporation does not perform optimally. There are no guarantees that the developer or owner controlled Association board will operate with efficiency or fairness. Even with the best of intentions, mistakes happen. And sometimes the Board neglects its duties.
Even with a management company, the landscape maintenance might not be done consistently. Traffic signs might be installed incorrectly. That was the case at Villas on the Green Condominium Association, managed by M.M.I. of Palm Beach, FL. Read more:
COLORADO – Service Dogs and Some Nasty Lawsuits
NeighborsatWar.com: Service Dogs and Some Nasty Lawsuits
Ward Lucas
October 11, 2015
guest blog by Deborah Goonan –
Not a week goes by that we don’t learn of yet another Fair Housing lawsuit, usually involving discrimination on the basis of disability. This time, the Condo Association will have to answer to two lawsuits, one filed by the owner of a condo unit, and the other by his former tenant.
The latest report comes from Aspen View Condominiums in Colorado. Natasha MacArthur leased one of the 18 units from condo owner Alvara Arnal, beginning in November 2013. MacArthur has a golden retriever, and claims her dog, Stevie Nicks, helps her cope with a seizure disorder.
The condo association forbids dogs, but MacArthur claims her pet is a service animal, and that the association is obligated under Fair Housing law to provide reasonable accommodation to allow Stevie Nicks to reside with her.
According to a report in the Aspen Times, MacArthur provided documentation of her disability from a physician, as well as documentation from the organization that trained the dog as a service animal. The former (now deceased) president of the association interviewed MacArthur in her home for 45 minutes. But the association was still not satisfied that the information provided was sufficient to allow the dog to remain.
Aspen View COA then began fining owner Arnal $50 per day in January 2014. MacArthur moved out of the unit in March 2014, prior to the end of her lease.
Arnal was hit with $1435 in fines, plus $4234 in attorney fees in June. A lien was placed on his unit in July 2014. Read more:
HOA Reform Coalition 