Category Archives: Uncategorized

TEXAS – Frisco transitional living home reaches settlement with HOA

WFAA.com:  Frisco transitional living home reaches settlement with HOA
Details of the agreement are sealed.
By Jobin  Panicker
January 1, 2015

FRISCO — A transitional home for homeless women has come under much scrutiny in Frisco, but now a settlement has been reached between it and a Homeowner’s Association.

City House, which places children and adults in transitional housing, has helped hundreds in Plano over the past 26 years. City House opened a home in the Plantation Resort No. 2 subdivision in Frisco, but became embroiled in a tug-of-war with the HOA.

News 8 learned Wednesday that the two have have settled in a case that questioned what defined a single family.

Details of the agreement are sealed.

“Our mission is to help youth and we’re not going to waste time and energy on litigation and fighting people that frankly don’t want us around,” said Rob Scichili with City House.

Rob Scichili with City House says it has decided to move from the neighborhood. He says the decision to move is separate from the settlement.  Read more:

VIRGINIA – Riverwalk Townes Residents Left with Unanswered Questions

Williamsburg Yorktown Daily:  Riverwalk Townes Residents Left with Unanswered Questions
By Marie Albiges
December 28, 2014

York County officials digging into the issue of an unfinished subdivision in Yorktown have yet to answer citizens’ questions about when their streets and lights will be fixed — because they don’t know the answers themselves.

In September, residents of Riverwalk Townes, a subdivision off Old Williamsburg Road, asked the county for help and for answers.

They claimed the Riverwalk Townes developer Gary Sheppard of Sheppard Hale & Associates stopped working on the development before it was complete, leaving them with streetlights that do not work, unclear parking, unsafe roads and incomplete drainage systems.

Three months later, the president and the vice president of the Riverwalk Townes Homeowners Association addressed the York County Board of Supervisors again at its Dec. 16 meeting, asking when and how the county was going to take action.

“We’re scared to touch things,” said Jeffrey Phillips, explaining the homeowners were willing to fix the problems but did not know if they were responsible. “We don’t want to mess anything up that might be happening behind the scenes.”  Read more:

CALIFORNIA – CCHAL: California law AB1738 clarifies that homeowners have legal right to bring advocate with them to dispute resolution sessions with the board

CCHAL: California law AB1738 clarifies that homeowners have legal right to bring advocate with them to dispute resolution sessions with the board
CCHAL warns homeowners to be vigilant about attempts by associations to circumvent this new right.
January 3, 2015
A new law for California associations — AB1738 — clarifies that homeowners have the legal right to bring an
advocate with them to a dispute resolution session with the board.

CCHAL NewsBrief
January 3, 2015, c
All rights reserved
http://www.calhomelaw.org

Read law:

FLORIDA – Malfunctioning elevators leave residents of Northwest Miami-Dade condominium stranded

Miami Herald:  Malfunctioning elevators leave residents of Northwest Miami-Dade condominium stranded
By Enrique Flor
December 24, 2014

For Mariano Borges, getting to a doctor’s appointment or going out for some fresh air becomes harder each day.

The 95-year-old Cuban gets around on a wheelchair. His 70-year-old daughter Maria Perez and his 50-year-old granddaughter Cary can barely lift his wheelchair to carry it up and down the stairs to the third-floor unit where they live in Northwest Miami-Dade.

It’s been almost six years since the elevators of the building where Borges lives and those of three other buildings in the Mirassou condominium complex do not work properly.

According to public records, Miami-Dade County has cited Mirassou with fines exceeding $5 million.

“The truth is that we made a huge mistake buying an apartment in this place,” said Borges’ daughter. “It’s been years since we had a working elevator and despite our complaints, nobody fixes it.”

Michael Chavez, manager of Miami-Dade’s Office of Elevator Safety, said that when the elevators of the three and four-story buildings at the Mirassou began malfunctioning in 2008, the county sent out infraction notifications.

The violation penalties amounted to $5,065,120.  Read more:

FLORIDA – Two agree to testify against executives in Cay Clubs fraud case

MIAMI HERALD:  Two agree to testify against executives in Cay Clubs fraud case
Cay Clubs …sought to sell individual units to investors as condo-hotels.

By Kevin Wadlow
December 25, 2014

Plea agreements signed by two top sales executives with the failed Cay Clubs Resorts and Marinas firm might require them to testify in other cases related to the $300 million collapse of the company.

In a federal hearing in Key West, Barry J. Graham, 59, and Ricky Lynn Stokes, 54, both of Fort Myers, each pleaded guilty Dec. 9 to one count of conspiracy to commit bank fraud.

“The defendant agrees that he shall cooperate fully” with South Florida U.S. Attorney’s Office prosecutors, according to the agreements signed separately by Stokes and Graham.

That cooperation includes “providing truthful and complete information and testimony … at any trial or other court proceeding.”

CALIFORNIA – West Sacramento council OKs development – without gated entry

THE SACRAMENTO BEE:  West Sacramento council OKs development – without gated entry
By Darrell Smith
12/30/2014

West Sacramento leaders at year’s end were faced with a simple question: Gates or no gates.

Rocklin-based Mandarich Developments wants to build 222 single-family homes with a clubhouse and pool on 18.3 acres in the city’s Southport neighborhood. But one feature stood as a potential deal-breaker: a protected entry.

Council members told the developer that a gated community would defy their long-held notion of what West Sacramento stands for and what it wants to be.

“This is not a city that gates its neighborhoods off. That’s not who we are as a town,” West Sacramento Mayor Christopher Cabaldon said at the Dec. 17 City Council meeting. “It’s a pretty open-and-shut issue as far as what our values are.”  Read more:

MONTANA – Whitefish Subdivision Seeks Intervention in Lawsuit Over Gated Communities

FLATHEAD BEACON:  Whitefish Subdivision Seeks Intervention in Lawsuit Over Gated Communities
Permanent gates on Mountainside Drive put on hold while groups resolve lawsuit against city
By Tristan Scott
December 31, 2014

A group of homeowners who oppose gated communities in the Grouse Mountain Estates subdivision is seeking to join a lawsuit against the city of Whitefish, supporting the city’s decision to ban the use of permanent gates and asserting their private rights to use the roadways.

Grouse Mountain Homeowners Inc. has asked the court to allow the group to intervene in a lawsuit against the city of Whitefish filed by The Estate Homeowners Association. The Grouse Mountain Homeowners group alleges the gates infringe on the group’s existing easement rights.

The Estate Homeowners Association argues in its lawsuit that there is enough public traffic on its private roads year-round to merit the installation of permanent gates, particularly as traffic is diverted by construction on U.S. Highway 93 West. Read more:

Kentucky – U.S. Department of Justice sues Andover Forest neighborhood association in playhouse dispute

Lexington Herald-Leader:  U.S. Department of Justice sues Andover Forest neighborhood association  in playhouse dispute
By Beth Musgrave
December 26, 2014
The U.S. Department of Justice has sued a Lexington neighborhood association, alleging it discriminated and retaliated against a family who built a therapeutic playhouse for their son who has cerebral palsy. The lawsuit alleges that the Andover Forest Homeowners Association and EMG Management Services violated the federal Fair Housing Act when they failed to make reasonable accommodations for Dr. George and Tiffiney Veloudis and their toddler son. The federal lawsuit was filed Tuesday by the Department of Justice’s Civil Rights division. Nathan Billings, a lawyer for the Andover Forest Homeowners Association, said his client has not seen the lawsuit. But Billings said they are confident that once a federal judge hears the facts, the complaint against Andover Forest Homeowners Association will be dismissed.  Read more:

NEVADA – Las Vegas HOA corruption trial stays in Las Vegas

Las Vegas Review-Journal:  Las Vegas HOA corruption trial stays in Las Vegas
December 24, 2014

A federal magistrate judge issued a decision Wednesday denying a defense bid to move the homeowners association corruption trial out of Las Vegas.

Lawyers for two of the bigger defendants in the high-profile case, former construction company boss Leon Benzer and attorney Keith Gregory, sought the change of venue on grounds “prejudicial” news coverage by the Las Vegas Review-Journal has made it impossible to get a fair trial.

But U.S. Magistrate Judge George Foley Jr. disagreed.

“Although the news media coverage of this case, particularly in the Las Vegas Review-Journal, has been extensive and continuous,” Foley wrote, “that coverage has not been of such a nature or scope as to support a finding that the trial atmosphere for this case has been utterly corrupted and that it is impossible to impanel a fair and impartial jury for defendants at trial.”

Foley found that the newspaper’s articles on the long-running case have been “factual in nature” and not inflammatory, as the defense argued.

He said any biased jurors can easily be weeded out from the potential jury pool through questioning prior to the February trial.

Defense lawyers have the option of filing objections to Foley’s decision with U.S. District Judge James Mahan, who will preside over the trial.  Read more:

NATIONAL – FHFA issues warning on “super priority” liens

HOUSING WIRE:  FHFA issues warning on “super priority” liens
By Ben Lane
December 22, 2014
The Federal Housing Finance Agency has issued a warning to homeowners, financial institutions and state authorities, citing its concern with super-priority liens created by either energy retrofit programs or homeowner association priority status.The FHFA issued the warning because in some cases a secondary lien on a property forces the Freddie Mac or Fannie Mae lien into a secondary lien position, which the FHFA says increases the risk of losses to taxpayers.

“Fannie Mae and Freddie Mac, while operating in conservatorship, currently support the housing finance market by purchasing, guaranteeing, and securitizing single-family mortgages,” the FHFA said.

“One of the bedrock principles in this process is that the mortgages supported by Fannie Mae and Freddie Mac must remain in first-lien position, meaning that they have first priority in receiving the proceeds from selling a house in foreclosure,” the FHFA continued.  Read more: