Tag Archives: HOA corruption

Movies About Homeowners Associations

I know of at least four HOA movies in various stages of production. Movies are extraordinarily expensive to do, and to do right. One of the older ones that appears to have stalled had a wonderfully clever trailer….worth watching.

If anyone has an update on this production, please let me know.

 

Update: Osceola delegation denies HOA residents’ third request to make Poinciana a city

guest blog by Deborah Goonan

A few months ago I blogged about a very large Florida HOA with over 45,000 residents, and the fact that a homeowner’s group (PINCHOS) has been trying for three years to incorporate as a city. In all, Poinciana has nearly 60,000 residents. Under the latest proposal, roughly 47,000 live within boundaries that were to create a new municipality.

News reports indicate that Osceola County Legislative Delegation vote was split 2-2, along party lines on the matter, with two representatives not present at the time the vote was taken. A Department of Revenue report, based on a feasibility study, has concluded that Poinciana meets the financial requirements of a city, and stands to take in millions in revenue if it incorporates as a municipality.

At the hearing conducted last month, the delegation reportedly heard from residents both in favor of the proposal and opposed. Those opposed fear that becoming a city would lead to a tax increase, despite a feasibility study’s conclusion to the contrary.  Debate on the finer points has been put on hold for yet another year.

One of the reasons PINCHOS is in favor of municipal incorporation: typical of large HOAs, Poinciana is divided into 9 Villages, and the President of each Village Board serves on the Master HOA. Property owners elect the Master Board, but many of those owners are not actually residents of Poinciana. Meanwhile tenants have no voting rights to elect their leaders. That’s equivalent to taxation without representation! Predictably, the HOA Developer and the Board spoke against Poinciana becoming a city at the Delegation meeting.

According to another recent television news report, Poinciana has been struggling with crime and vandalism. Because they don’t have City status, they cannot have their own police department. Therefore the HOA has decided to spend $100,000 on increasing security staff and adding security cameras.

Keith Laytham, spokesperson for the owners’ group in favor of municipal incorporation says his group will continue to work with State Rep. John Cortes to put Poinciana on the map as a city in its own right.

(Bay News 9 article on controversy) 

(Orlando Sentinel article on Poinciana)

(Letter to Ledger.com from a Keith Laytham)

(WFTV video, Poinciana HOA to spend $100,000 on increased security)

(Previous blog about Poinciana, and why many residents want to create their own city)

So You Think You’ve Heard Everything?

I’d love to call this one a scam, but there isn’t enough information to make that kind of allegation. It’s just too bizarre. The City of McAllen, Texas, charges each resident an extra ten bucks on their water bill, supposedly collected on behalf of Homeowners Associations. Theoretically, that money is supposed to go to HOAs for maintenance. But nobody seems to be getting the maintenance or the money, and the City of McAllen has no idea where the money is going. There’s never been an audit. Money is even being collected from homeowners who live in neighborhoods where the HOA has been dissolved. We may be talking about millions of dollars, here.

Huh?

(link to story on disappearing money)

 

Dr. Solomon Wins A Round

One of the heroes of our movement, Dr. Gary Solomon, has won a round in his own battle against an out-of-control HOA in Nevada. It involved an idiotic fine of $100 so he tried to get it heard in Small Claims Court, where it really belongs. That court kicked him upstairs to District Court which really has no business hearing 100 dollar claims. After two years, Solomon has won the right to take the case back to Small Claims. Here’s the decision:

Minutes
12/09/2014 3:00 AM
– This is an appeal from a Small Claims Judgment entered in the Las Vegas Township Justice Court. By this Judgment filed May 5, 2014, the court found that it lacked subject matter jurisdiction over this case, and that it had to be filed in District Court instead. This case involves a fine of $100 imposed by Respondent Palm Hills Home Owners Association (the HOA ). Petitioner Dr. Solomon ( Solomon ) disputed the imposition of the fine. It appears that a lien was placed by the HOA against the subject property as well. Pursuant to NRS 38.310, because this dispute involved the interpretation, application or enforcement of the community’s CC&R s, the dispute first had to be submitted to arbitration or mediation with the Nevada Real Estate Division ( NRED ). Solomon filed a complaint with NRED which resulted in a ruling in favor of the HOA and against Solomon. The arbitrator also awarded the HOA $7348.17 for attorney s fees and costs incurred. Pursuant to NRS 38.330(5), within 30 days after the final decision and award in this nonbinding arbitration, Solomon was permitted to commence a civil action in the proper court concerning the claim which was submitted for arbitration. This action would be a de novo proceeding. Solomon filed this case in Small Claims Court in the Las Vegas Justice Court. The Justice Court found it lacked subject matter jurisdiction and dismissed the case, holding that NRS Chapter 38 . . . requires that such disputes be adjudicated in District Court. However, nothing in chapter 38 specifies that this de novo proceeding must be filed in District Court. Moreover, the case the HOA relies on, Hamm v. Arrowcreek Homeowners Association, 124 Nev. 290, 183 P.3d 895 (2008), does not address the question of jurisdiction as between district court and justice court. The HOA also argues that the lower court lacked jurisdiction pursuant to NRS 4.370(2) because this is an action in which the title of real property . . . [is] involved. However, in the Hamm case, the Nevada Supreme Court held that even a dispute about HOA fines where a party sought to release a lien imposed does not relate to title to the property. Additionally, while the HOA disputes whether Solomon ever held title to the property at issue in this case, this defense of the HOA is not to be considered in evaluating subject matter jurisdiction, which instead is based on an evaluation of the face of the complaint. The fact that the HOA may challenge Solomon s ability to proceed as a real party in interest does not deprive the court of subject matter jurisdiction. Thus, this case in which Solomon filed a small claims complaint for less than $7500 was properly filed in Small Claims Court and that court s dismissal was in error. Accordingly, the Small Claims Judgment is hereby reversed and the case remanded for further proceedings in accordance with this Court s ruling. CLERK’S NOTE: The above minute order has been distributed to: Gary Solomon, 1001 Calico Ridge Dr., Henderson Nv. 89011, & Troy Dickerson (Angius & Terry) 1/28/15 kr

Net ‘Neutrality’ and this Website!

Well, the news this week is pretty bad for net neutrality. The White House has come up with a 332 page book of regulations that it’s going to hand to the FCC for implementation. Just as in the Affordable Care Act, they have to pass the bill so we can all see what’s in it. A lone renegade on the FCC is warning that this bill is so heavy handed that it will fundamentally change the way the Internet is governed, essentially treating it as a public utility.

Hundreds of billions in new taxes, controversial websites (like this one) may be subjected to a version of the old (and failed) Fairness Doctrine, and smaller businesses and smaller political operatives will essentially be driven off the web. Websites will be censored. Another name for the bill is “full employment for trial lawyers.”

The Internet has given us a measure of freedom that never would have been granted by traditional government. It has fundamentally changed the world, both socially and financially.

FCC Commissioner Ajit Pai says the future looks pretty grim.

http://dailycaller.com/2015/02/10/fcc-commissioner-unprecedented-involvement-of-executive-branch-in-our-decision-making/