Tag Archives: goonan

Poinciana Crisis Instructive For All Of Us

      4 Comments on Poinciana Crisis Instructive For All Of Us
guest blog by Deborah Goonan

Lots of news in Poinciana the past couple of weeks. As you know, Poinciana HOA, one of the largest in the country with more than 23,000 homes, has been seeing quite a bit of turmoil, particularly in the last 6 months. In April, then Board President Peter Jolly made allegations of financial mismanagement by the management company and millions of dollars missing from assessment reserves. In June, a third attempt to move toward incorporation of Poinciana as a city failed, when the Osceola County Legislative Delegation voted 2-2 on the measure.

In August, residents gathered to protest management company First Services Residential (FSR). That was immediately after the Executive Committee of the Board (including Jolly) met and voted to fire FSR and to transfer $1.6 million in Association funds to a separate bank account. The Executive Committee had the locks changed for the management office. In the meantime the 6 other Board members – 3 of them represented by developer Avatar – held an emergency meeting, voted to rehire FSR and to remove President Jolly and the VP as officers of the Board. Within hours, FSR entered the building in the middle of the night and changed the locks once again.

Because the Board was now split, the matter ended up in court. Yesterday, a Polk County Judge ruled against Jolly and the Executive Committee, reversing their decision to fire FSR and ordering them to return $1.6 million and office equipment they had taken the day they changed the locks on the management office. The new Board President, Dorothy McStay, went on record saying that a recent independent audit indicates no irregularities.

No word at this time, regarding an appeal.

Cynthia Navarro, a resident of Poinciana wrote a letter to the Editor of The Ledger. Regarding a solution to problems in Poinciana, where residents want their right to be heard and for their votes to count, Navarro writes:

The most recent Poinciana Homeowners Association dispute ended in Polk County Circuit Court the day after Poinciana residents were told the county could not help because it was a state issue. More information on this issue may be found at www.prfsc.org website.

This happened because the state of Florida does not provide enforcement capability for Florida Statute 720. That statute provides laws for the running of Florida HOAs such as Poinciana’s. Unfortunately, when it comes to enforcement, the state provides nothing, forcing the members of an association to spend $100,000 or more to address violations of the statute.

As seen in Poinciana, this results in retiree volunteers who serve on HOA boards of directors, taken to court by multi million public corporations in civil litigation. Not unlike David vs. Goliath?

There is a solution provided by the Florida Constitution in Section VIII. It is called Home Rule for Florida Municipal Governments. It provides rights to municipalities that people living in unincorporated communities do not have. It would allow the Poinciana Municipal Government to stand up against the developer-controlled HOA instead of forcing private citizens to bear the burden. It would allow all citizens living in Poinciana to have one person, one vote, as opposed to local elections being decided by developers casting hundreds if not thousands of votes even if they don’t even live in the community as is the case today.

A voter referendum would need to be held to allow Poinciana citizens to decide if they want to establish a municipality. This will require support from the Florida Legislature. This has been tried multiple times for Poinciana with each request being turned down.

Poinciana once again will be asking our legislators for the right to vote on this issue. Hopefully, now they will hear us.

-Cynthia Navarro

Condo Owners vs. Rent-Controlled Apartment Dwellers

      2 Comments on Condo Owners vs. Rent-Controlled Apartment Dwellers
guest blog by Deborah Goonan

In the Los Angeles Bunker Hill community, condo owners and traditional apartment dwellers have been locked in a 3-year long legal battle over their once-shared pool and barbecue area, with no end in sight.

The two articles referenced below explain some of the details of how the dispute began, but, in short, there has been a disagreement over cost-sharing of recent improvements made to the pool area. A few years ago, the Bunker Hill Tower condo association dictated expensive changes, apparently without agreement from the apartment owner, Essex Property Trust. Essex objected, refusing to pay for the renovations. The owner of the 2 apartment buildings has been paying two-thirds of maintenance costs since the 1980s, following the condo conversion of one of the three original buildings.

As of today, the condo association has installed a fence around the pool to lock out the tenants. At the same time, the owner of the 2 rent-controlled apartment buildings (that were never converted to condos) is planning to build a separate pool and common space on the roof of the parking garage that serves tenants.

What I find intriguing about this situation: the conflict is between a Condo Association and non-members of the Association. Ironically, even if you’re the type of person that purposely avoids condominiums, because you don’t particularly like the fact that your neighbors can tell you what you can and cannot do, you cannot always escape the condo conflict madness that is encroaching upon residents in surrounding dwellings!

Sometimes an Association-Governed Residential Community Board over steps its authority and attempts to impose its rules or its ideas of aesthetic appeal on its neighbors. In this case, the Condo Association decided that everyone, including Essex Property Trust, should want to invest in a resort-style pool renovation. Perhaps a more basic facelift would have been sufficient, not to mention less costly. I’d be willing to bet some of the condo owners feel the same way, although they are all obligated to pay assessment increases to cover the cost.

Come to think of it, the behavior of Bunker Hill Tower Association toward Bunker Hill Apartment tenants reminds me of the bossy kid on the block, back when we were all in grade school. Whenever that annoying kid started telling me what to do, my favorite response was, “You’re not the boss of me!”

Apparently Essex Property Trust feels the same way, and is not interested in appeasing the Condo Association.

Source articles:

Bunker Hill Residents Have Been at Legal War For Three Years Over a Pool

The Battle on Bunker Hill

 

Now, For Your Involvement!

      2 Comments on Now, For Your Involvement!
guest blog by Deborah Goonan

Are you interested in improving living conditions in homeowners associations (HOAs), condo associations, and cooperatives in the US? Or would you like to see a broader array of housing choices in this country?

A group of housing advocates is interested in organizing to promote consumer-friendly policies and standards for local governance and management of our communities, particularly those that are private, Association-Governed Residential Communities (more commonly known as HOAs). We are conducting a CONSUMER–FOCUSED survey of interested residents and former residents of HOAs in the US.

We want to hear from you.

What are the issues that are most important to you?

What has been your personal experience living in HOAs, Condo Associations, or Cooperative?

Why are you interested in change, and have you been involved in trying to make that happen?

The survey is sponsored by Sara Benson, proprietor of Association Evaluation LLC, an innovative, comprehensive community association rating service, the first of its kind in the US. Benson and Don DeBat, both of Chicago, are co-authors of Escaping Condo Jail, a book that exposes the truth and debunks the myths surrounding the condo lifestyle. Both authors are committed consumer advocates with a lifetime of experience in the Real Estate industry. Benson is a veteran Real Estate Broker and former HUD consultant, DeBat is a Journalist and Editor of Real Estate columns in two Chicago newspapers. You can read book reviews and learn more about the co-authors on Amazon.com.

Please note that this survey is consumer-focused, and is NOT sponsored by Community Associations Institute (CAI), National Association of Home Builders (NAHB) or any other industry or trade group. Our goal is to give housing consumers a voice in US housing policy-making, and that begins with listening to your concerns.

Please take a few minutes to respond to our brief survey by August 1st. We value your input and your privacy. Your responses will remain confidential, and will not be shared with salespeople, vendors, or anyone in your HOA.

Here is the link to the survey:

http://bit.ly/1K11ovs

http://independentamericancommunities.com/2015/07/26/do-you-want-to-organize-improve-our-communities-and-preserve-the-american-dream/

 

Condo Owners vs. Rent-controlled apartment dwellers

      No Comments on Condo Owners vs. Rent-controlled apartment dwellers
By Deborah Goonan

In the Los Angeles Bunker Hill community, condo owners and traditional apartment dwellers have been locked in a 3-year long legal battle over their once-shared pool and barbecue area, with no end in sight.

The two articles referenced below explain some of the details of how the dispute began, but, in short, there has been a disagreement over cost-sharing of recent improvements made to the pool area. A few years ago, the Bunker Hill Tower condo association dictated expensive changes, apparently without agreement from the apartment owner, Essex Property Trust. Essex objected, refusing to pay for the renovations. The owner of the 2 apartment buildings has been paying two-thirds of maintenance costs since the 1980s, following the condo conversion of one of the three original buildings. 

As of today, the condo association has installed a fence around the pool to lock out the tenants. At the same time, the owner of the 2 rent-controlled apartment buildings (that were never converted to condos) is planning to build a separate pool and common space on the roof of the parking garage that serves tenants.

What I find intriguing about this situation: the conflict is between a Condo Association and non-members of the Association. Ironically, even if you’re the type of person that purposely avoids condominiums, because you don’t particularly like the fact that your neighbors can tell you what you can and cannot do, you cannot always escape the condo conflict madness that is encroaching upon residents in surrounding dwellings! 

Sometimes an Association-Governed Residential Community Board over steps its authority and attempts to impose its rules or its ideas of aesthetic appeal on its neighbors. In this case, the Condo Association decided that everyone, including Essex Property Trust, should want to invest in a resort-style pool renovation. Perhaps a more basic face lift would have been sufficient, not to mention less costly. I’d be willing to bet some of the condo owners feel the same way, although they are all obligated to pay assessment increases to cover the cost. 

Come to think of it, the behavior of Bunker Hill Tower Association toward Bunker Hill Apartment tenants reminds me of the bossy kid on the block, back when we were all in grade school. Whenever that annoying kid started telling me what to do, my favorite response was, “You’re not the boss of me!”

Apparently Essex Property Trust feels the same way, and is not interested in appeasing the Condo Association. 

Source articles:

Bunker Hill Residents Have Been at Legal War For Three Years Over a Pool

The Battle on Bunker Hill

 

HOA Objects to Deliveries from Food Pantry

      1 Comment on HOA Objects to Deliveries from Food Pantry

guest blog by Deborah Goonan

I could hardly believe my eyes and ears when I read this article and watched the videos in the Bradenton Herald article regarding Carlyn Estates Mobile Home Park in Palmetto, Manatee County, Florida. I honestly had to dry the tears from my eyes. You MUST watch these short videos, particularly the video of the mobile home resident who is vehemently against having the local Food Pantry distribute free boxes of food to 28 of her neighbors. 

Talk about nasty. She thinks that her fellow HOA members should get help from their families, or call social services and “hand over their checks” to a nursing home. Wow. A total lack of compassion. 

Here’s the reality: for many seniors, there are no family members to assist them. These 28 seniors are unable to get to the food pantry, because of illness, disability, or lack of transportation, so the Hope Center Food Pantry has been making weekly distributions where they live. One resident, recently widowed, is quoted in the article, stating that the owner of the mobile home park, Tonia Sonju, is denying her the right to take care of herself, and causing her physical and emotional stress.  

What’s the issue?

You see, according to another article in the Miami Herald, the HOA policy, written by Sonju, prohibits “soliciting” of any kind. Residents have received violation notices from the Park owner, that state the following:

“No peddling or soliciting or operation of a commercial enterprise is allowed in the park without prior consent of the management. You continue to operate a commercial food bank in Carlyn Estates in violation of Rule 52 which causes the disruption of the park, causes unsightly and unsanitary conditions, significant trash, along with rats, roaches, and mice, etc.”

Christie Castro, President of the Manatee County Senior Advocacy Council has tried to speak to Sonju on behalf of the senior residents, but Sonju has refused to talk to her. Lenworth Gordon, director of the Hope Center Food Pantry in Palmetto, has spoken to Sonju, but was unable to change her mind regarding HOA policy. They argue that since the food is donated, there is no “solicitation” and no commercial business activity. There is no stockpile of food to attract pests. 

Castro believes that these seniors need advocates to prevent them from being bullied in their HOA. The residents tried to attend the last HOA meeting to discuss the issue, but it was cancelled at the last minute. Now the residents are trying to arrange a meeting at one of the local churches. The advocacy group is hoping a local attorney will provide pro bono assistance in resolving this matter. 

The local Meals on Wheels has offered to provide delivery of meals to those residents who qualify. 

Kudos to Hope Center Food Pantry, Manatee County Senior Advocacy Council, Meals on Wheels PLUS, and both the Bradenton and Maimi Herald news companies for bringing this important issue to the attention of Floridians, and the general public. 

(link to Bradenton Herald article with videos) 

(link to Miami Herald article)