Category Archives: Uncategorized
CALIFORNIA – Homeowners say HOA crossing the line selfie stick
A man who said he was hired by the board only let people in one at a time but they had to be on a list and have scheduled hearings. After the hearings, the man announced it was time for open session.
Team 10 tried to ask the HOA board president, attorney or board member to step outside to talk but the security guard ran and blocked both entrances.
Many homeowners told Team 10 they will fight to change the rules or the board members. Read more:
NATIONAL – The unconstitutional delegation of implied rulemaking powers to HOAs
Here I present evidence of the explicit and implicit delegation of rulemaking powers to HOAs, which, if not unconstitutional, would alone establish HOAs as state actors.
In an earlier Commentary[1] I discussed the implied delegation of legislative functions to HOA private governments. Putting the issue in simple terms, I quoted Stephen Wermiel’s comments on a constitutional delegation case before the US Supreme Court,
The dispute before the [Supreme] Court . . . [involves] the even less well-known principle that Congress may not delegate legislative authority to private entities. . . . Read more:
NATIONAL – THE BOTTOM LINE: HOMEOWNERS ASSOCIATIONS IN AMERICA
Introduction
Many readers are familiar with my academic work related to Homeowners Associations(HOAs): HOA: Crisis in America, HOA Academy and HOA Syndrome the science behind stress related disorders in HOAs.
After six years of research the following memorializes my results; a bare bones outline identifying the actual reason for HOAs and the solution to the HOA Crisis.
Why Do HOA’s Exist? Read more:
NATIONAL – HOA Embezzlement Hits All, From High & Mighty to Small & Weak
Some readers may be under the impression that embezzlement of HOA funds only happens to Homeowners’ Associations (HOAs) with hundreds or thousands of units and elaborate amenities that translate to big operating budgets. I’ve talked to some people that think these cases are limited to certain parts of the country such as the Sunbelt states or major cities.
Nothing could be further from the truth. Even modest HOA communities in small towns are at risk for theft of funds by rogue Board members, community managers, or Developers.
Take Skyview Estates, for example. Skyview is a relatively small townhouse community of a few dozen homes located in Richland, PA, a town with a population of less than 1600. The nearest city is Johnstown, PA, with a population of about 20,000. There are no amenities such as a pool, and houses are located on one street named after the company that developed the community. Read more:
FLORIDA – Prisoners in their own homes: Elevator fire strands Pinellas senior citizens
That’s because the building’s only elevator caught fire March 3, and repairs haven’t even started. The condos are located at 2228 Swedish Dr.
“I can’t see the steps so I’ve got to go very slowly,” blind resident Dennis Babini said.”I’ve fallen down a couple times already.”
A week before the fire, Babini told 8 On Your Side he was trapped inside for about 20 minutes when the door wouldn’t open. Babini said the person who answered the elevator’s emergency phone told him to sit on the floor and wait for help.
Marjorie Meyer struggles with a heart problem.”I went down yesterday and when I came back I had to lay down for half an hour. I couldn’t breathe,” Meyer said. “I was almost ready to call the paramedics.”
“I have reported that elevator having trouble for the last five years,” said Gary Ordway, a resident who was going to get a stint installed the day after speaking to 8 On Your Side. He has a 90 percent blockage in his artery. Read more:
SOUTH CAROLINA – S.C. grapples with HOA complaints
COLUMBIA — Neighborhood Nazi. Condo Commando. Bullies. The dictatorship.
Those were some of the terms property owners and officials used to describe bad actors in South Carolina’s thousands of community associations on Thursday, as lawmakers debate how to regulate them. “It has become my worst nightmare,” said Nadine Zacharie of Edgefield County’s Lake Trenton. She used to live in Augusta’s historic Hill section, but has spent the last 10 years in Lake Trenton, calling it “10 years of roughshod bullying.” Some problems come down to fairness, she said, arguing that she shouldn’t have to pay the same fees for her single lot as residents who own several lots. Other issues involve the community’s bizarre bylaws, she said, pointing to a fight between neighbors overfeeding birds that resulted in an amendment prohibiting it. “We’ve had people trespassing onto other people’s property to take pictures of them feeding a bird, and end up with a misdemeanor,” said Zacharie.
Communities on the coast have their problems, too. Maraide Sullivan, who owns a condominium on Johns Island with her husband, testified Thursday that homeowners need greater protections. She serves on her community association board, but said others refuse to follow the bylaws, Robert’s Rules of Order and basic transparency practices. A few years ago, the community received a $5 million settlement to repair construction defects, but Sullivan said certain actions “didn’t pass the smell test.” Read more:
GEORGIA – HOA cuts water to disabled resident for unpaid fines
The homeowner’s daughter says her mother is up to date with the monthly homeowner association assessment, but cannot afford to pay all the fines
ATLANTA — The family of a woman recovering from multiple surgeries, including a tracheotomy, is outraged a property management has cut off her water for unpaid fines, including parking violations accessed against nurses who came to provide care.
“I have never seen anything like this before. They shut her water off for frivolous fines. For parking, for a dog violation,” said daughter Tammy Kadar.
The homeowner, Rosetta Turner, lives in a town home community in College Park called Providence Place. While most residents own their homes, a private company manages the property and has authority to cut off utilities for unpaid fees, assessments and fines.
Turner showed Channel 2’s Tom Regan a two page summary of fees, totaling more than $1,000. They include a “Pet Violation” charge of $300, but the statement does not provide any specifics. Turner owns a small dog.
“Apparently, that was a time he was out there without a leash. They assessed fines for that,” said Kadar.
The bill also includes a “Nuisance Violation” charge of $100, without explaining the nature of the nuisance. An attorney for the family says the fees are arbitrary, absurd and in the case of Rosetta Turner, a health risk.
“I think it’s unjustified, but what’s most upsetting, is you have someone coming out of the hospital, having spent weeks in intensive care, having serious health issues and in need of sanitary conditions,” said attorney Kevin Ross. Read more:
NEW JERSEY – N.J. men accused of stealing more than $75K from condominium
Representatives for the condominium could not immediately be reached for comment. Read more:
ARIZONA – DiCiccio: ‘Ugly politics’ and the ABM HOA election
Ahwatukee Foothills News: DiCiccio: ‘Ugly politics’ and the ABM election
The Ahwatukee Board of Management, using our HOA monies, hired the very same political consultant to run a campaign against the Save The Lakes volunteers.
To add insult to injury, some on the board then raised our HOA dues
I don’t usually involve myself in homeowner association business; my work on the Phoenix City Council keeps me focused on the city. But I can’t let slide an item for which the board leadership of the Ahwatukee Board of Management HOA needs to answer, especially as homeowners start casting ballots by mail or bring them to the ABM annual meeting April 1. The item: Late last year, after it increased its budget by 5 percent and raised our assessment, ABM hired a political operative. You read that right — our HOA hired a political consultant who has a reputation as a political hit man. Read more:
NEVADA – State Supreme Court justices deny tipping HOA conspirator to FBI raids
Bret Whipple, the defense lawyer who questioned Genato on the witness stand, did not press her for a name, and a Justice Department prosecutor later avoided the subject.
The identity of the Nevada Supreme Court justice alleged to have tipped off a construction defect lawyer to the federal homeowners association investigation in 2008 remained a secret Tuesday.
This came as all seven of the justices on the high court when the late Nancy Quon was thought to have received the tip denied speaking to Quon about the high-profile investigation.
On Monday, a witness in the trial of four remaining defendants charged in the massive scheme to take over and defraud HOAs testified she was told a Supreme Court justice had alerted Quon before FBI-led raids across the valley in September 2008. Quon’s law office was one of many sites searched.
Deborah Genato, who pleaded guilty in the multi-million-dollar scheme, told a jury under cross-examination that she learned about Quon’s tip from her boss, Lisa Kim, who ran a company that managed several HOAs linked to the six-year conspiracy that began in 2003.
Bret Whipple, the defense lawyer who questioned Genato on the witness stand, did not press her for a name, and a Justice Department prosecutor later avoided the subject.
On Tuesday, U.S. District Judge James Mahan outside the presence of the jury refused to allow Whipple to discuss the allegation with a Las Vegas Review-Journal reporter during the trial or to release government documents on the subject that were provided to the defense. Mahan said a protective order bars both sides from making public investigative documents. Read more:
HOA Reform Coalition 