By Ryan Grannan-Doll

December 19, 2014

A Waltham woman admitted over the summer to embezzling about $350,000 from a condominium complex, according to the Middlesex District Attorney’s Office. Lesley A. Correa pleaded guilty to three counts of larceny over $250 in connection with embezzling $350,000 from the Glen Meadow Condominium Association, which runs the Glen Meadow condo complex in Waltham, according to the DA’s office. Middlesex Superior Court Judge Sandra Hamlin, on Sept. 24, sentenced Correa to one to four years of probation, the DA’s office said. The judge also barred Correa from working in the financial field and from handling money in a work setting. In addition, probation officers must approve any of Correa’s future jobs. The judge also ordered Correa to continue mental health counseling. Correa was ordered to pay $367,338 in restitution, the DA’s office said.  Read more:

By Elizabeth Watts

December 16, 2014

LAS VEGAS (FOX5) – It’s a case of homeowners versus a homeowner association. The association recently installed rumble strips inside the gated Providence neighborhood in northwest Las Vegas.The strips are supposed to slow traffic and protect residents. Some neighbors there say it’s noise pollution. The strips are like speed bumps but nosier because they feature several raised divots. In October, Karen and James Frantel came home from vacation to find a rumble strip butted up against their driveway and barricades preventing U-turns at the neighborhood’s gated entrance. The couple said noise from the rumble strip keeps them and their guests awake at night. “Thanksgiving was completely ruined. We had family in town. They said, ‘Honestly, we can’t sleep.’ Their trip was cut short, and they did leave,” Karen Frantel said.

The Frantels captured the noise on a video recording and presented it to the HOA president, who did take some action. “He looked at the video and said, ‘Yes, this is unacceptable.’ Then he had it moved from our house to the neighbor’s house, one over,” James Frantel said. The couple said the HOA paid $21,000 to have the strips installed. It’s money they said could have been better spent elsewhere. “We could have slides, nice playground equipment. We could have barbecues fixed – some are toppled over. We could have landscaping. We could have community events, but we have rumble strips,” Karen Frantel said.

The Frantels said they were told the HOA board and residents voted on the strips, but they weren’t aware of a vote.

By George K. Staropoli

December 15, 2014

In a parallel that can be made with Plessy v. Ferguson (163 U.S. 537,1896) and its enlightened reversal in Brown v. Bd of Education (347 U.S. 483,1954), the NJ Supreme Court’s opinion in Dublirer v. 2000 Linwood Avenue Owners (2014) accomplished the same necessary correction of its earlier opinion in CBTW v. Twin Rivers (929 A.2d 1060, 2007) with respect to HOA constitutionality.

In Plessy, the “separate but equal” doctrine was developed to uphold segregationist laws. In Brown, it was successfully argued that “separate but equal” did not apply to the education of black children and integrated schools were necessary.

(I have read the court filings and briefs in the following cases thanks to the people at the Rutgers Constitutional Litigation Clinic, Frank Askin, Director).

In Twin Rivers, addressing the one issue of many dealing with the equivalent of separate but equal free speech for HOA members, the Court found that alternate means of member free speech was available – that is, the alternate methods were separate but equal – and upheld the constitutionality of the HOA’s restrictions.  The HOA was not open to the public and was entirely a private entity and not a municipality (factual statement).

The trial court favored the HOA, while the appellate court favored the members. “In a published opinion, the Appellate Division reversed the trial court, holding that the Association was subject to state constitutional standards with respect to its internal rules and regulations.”  Read more:

By Luke Broadwater

December 12, 2014

Baltimore’s planning department was tricked into awarding $2.1 million in historic tax credits to a Little Italy condominium project based on a “forged or altered” document, a city review panel says in a new report.As a result, two dozen condo owners face higher property tax bills of roughly $10,000 a year.

City officials are investigating how a document was allegedly changed to look as though 25 new condominiums at the Canal Street Malt House project were eligible for a credit reserved for the renovation of historic buildings. But Baltimore Solicitor George Nilson said it’s clear the city or state didn’t do it.

“It was the fault of private parties, not the government,” Nilson said. “We think the government was a victim, not a perpetrator.”

Newly constructed units in the project “never should have had a tax credit at all,” Nilson said.  Read more:

By Elizabeth Beck

December 14, 2014

As I drive through my Ridgeview neighborhood, I reflect on the HOA. I admire the beautiful lights because this year we will have none. The hypocrisy is in the name: home owners associations, not “house owners associations.”  It’s more than a matter of syntax.  HOA has nothing to do with owners; it’s a select few deciding for many in self-interest.  Homes are where people find solace, comfort and family.  Houses are merely paint, unlit lights kept for convenience, shrubs.  Rather than maintenance of a Stepford utopia, what about thinking of the families inside the houses? Read more:

By Jeff German

December 10, 2014

Justice Department lawyers are not finished bringing criminal charges in the massive scheme to take over Las Vegas area homeowners associations. Stephanie Liane Markham became the latest co-conspirator charged in the sweeping case. A federal grand jury indicted her Wednesday on charges of lying to the FBI, committing perjury before the grand jury and obstruction of justice. According to the indictment, Markham tried to cover up her 1 percent interest in a condominium at the Jasmine complex, where she agreed to run for a seat on the HOA board in 2006.

The Jasmine HOA was one of nearly a dozen victimized in the takeover scheme federal prosecutors have alleged was orchestrated by former construction company boss Leon Benzer. Markham faces a Jan. 7 arraignment on the felony charges before U.S. Magistrate Bill Hoffman.  Read more:

December 8, 2014

Tampa – Renovation of an 11th floor condo in the luxurious Stovall Tower accidentally created a disastrous flood that forced evacuation of the entire 33-unit complex. Since the accident the Stovall’s residents remain stranded in hotels, or with friends and family, while electricity to the entire complex remains turned off. Recovery and restoration repair work is being performed by the disaster response firm SERVPRO of South Brevard. The condominium’s residents are expected back in their homes before Christmas.

Firefighters responded to an automated alarm triggered by the flooding at Stovall Tower, located at 3203 Bayshore Boulevard. According to Jason Penney, Tampa Fire and Rescue Spokesman, water was already dripping from the ceiling into the lobby as firefighters first entered the Tower. “You can’t turn off gravity,” he added. A Fire and Rescue Captain involved in the emergency response added that parts of the Tower looked like Disney’s Pirates of the Caribbean theme park ride, with water cascading down stairs and pouring through ceilings from floor to floor. Reportedly, when firefighters entered the apartment where the flood started standing water was already inches deep.  Read more:

By Rob Shikina

December 5, 2014

The fired CEO of one of the largest condominium association management companies in Hawaii is accused of allegedly stealing more than $125,000 from three Oahu townhouse associations she managed.

The Honolulu Department of the Prosecuting Attorney filed the charges against Toni Ann Floerke in state court Thursday.

Floerke, also known as Toni Ann Floerke-Politsch, was charged with two counts of first-degree theft and 12 counts of second-degree theft.

First-degree theft is punishable by up to 10 years in prison. Second-degree theft  carries a maximum five-year prison term.  Read more:

…each (unit) given a bill for $1,650. There are 60 units, so that is $99,000 out of homeowners’ pockets.

By Craig Herrera

December 4, 2014

SAN DIEGO – Some Carmel Valley residents are upset after their townhomes were burglarized during fumigation — a process many of the residents say was unnecessary.

“I’m so frustrated, I couldn’t even think about it,” said homeowner Olga Solovyeva, whose home was burglarized while it was tented.

She said thieves took items that belonged to her daughter, who died in 1998 at the age of 16.

“Little bracelet, little necklace. It wasn’t expensive, it was just dear to me because it was a memory of my daughter and I can’t even imagine that it would be taken; who needs it?” said Solovyeva.

About seven months ago, the homeowners association sent Regents Square homeowners a letter saying they wanted to fumigate all the buildings for termites, which came as a huge surprise to residents. They say they were forced out or faced a lawsuit, so they moved into hotels and the fumigation tents went up.

10News has learned four of those homes were burglarized in the process.  Read more:

http://www.10news.com/news/carmel-valley-homes-burglarized-during-fumigation-120414

By Ben Trollinger

December 5, 2014

Robert Dwight Polich, 62, the longtime financial administrator for a Keystone homeowners association, was arrested on Dec. 2 and charged with embezzling about $160,000 from the HOA.

Polich, who declined to comment on the charges, served as the Enclave Homeowners Association’s financial manager since 1986, when the neighborhood was founded.

According to the arrest affidavit, the trust Polich built up over decades was destroyed when an external audit last month revealed that $160,000 in Treasury bills was missing from the HOA’s surplus funds.

The association pays for an external audit every year, but this was the first year the missing funds were detected. Polich appears to have doctored the annual budgets to show the $160,000 in the association’s accounts.

Upon learning that the auditors had uncovered the discrepancy, Polich reached out to meet with members of the association board, the arrest affidavit says. Because most of the Enclave’s property owners live in Summit County on a part-time basis, only two members of the board were able to meet in person; one of them was Meredith Van Dyne.

According to the arrest affidavit, the trust Polich built up over decades was destroyed when an external audit last month revealed that $160,000 in Treasury bills was missing from the HOA’s surplus funds.  Read more: