Another Consumer Blogger Gets It!
Ah, it’s so good when you see member of the real estate industry who finally discovers that all is not good in HOA Amerika! I hope he continues his research. He’s going to be stunned!
Tag Archives: HOA Embezzlement
HOA Justice Is Rare, But Sometimes Happens
Do HOAs ever find true justice when they’re ripped off by property managers? Well, not often. But once in a blue moon a crooked HOA manager is held to account. Well, kind of.
A couple of property managers in Massachusetts and New Hampshire were caught with their hands in several HOA cookie jars under their control. Over a two year period they stole more than a hundred thousand bucks.
“No contest! No contest at all!” Judges love to hear those words. It means they can dispose of a case quickly, make the bad guys promise to pay back a few bucks, and not have to bother about putting the bad guys behind bars.
Probation instead of jail?
The case linked below is a lot more complicated than that. But the bottom line is that innocent homeowners got screwed. The lawyers all made money. And the embezzlement suspects are walking away with smirks on their faces.
(link to Eagle Tribune story on weird restitution case in HOA embezzlement scheme)
This Embezzler Filled With Remorse
Gosh, how many times do we have to hear that line from these embezzlers? “Filled with remorse.” It’s such a load of horse puckey. If you’re going to make a bald-faced theft of 350,000 bucks from your neighbors, the only remorse you’re going to feel is that you didn’t steal enough.
Jill Rouse Boothby of Boothby Realty was a property manager for nearly a dozen Birmingham, Alabama condo associations. Plea agreements like hers are only made if she can plead guilty to a small fraction of the crimes she’s accused of. Halloween is over so we can’t really call her a witch. She’s worse. And with all the people she’s hurt, with all the elderly people who’ve been swindled out of their life savings, she deserves worse punishment than she’ll ever be given.
Embezzlers are monsters. A fine? A few weeks in jail? Restitution? That’ll never be paid. In days-of-old the phrase, “drawn and quartered,” might be used. For those who don’t know, that punishment involves four horses and four ropes. Even that is too good for an embezzler.
(link to news story in Birmingham about guilty plea by an HOA embezzler)
This HOA Embezzlement Plea Bargain Stinks!
Embezzling from Homeowners Associations in America is an epidemic. But when a federal prosecutor accepts a tiny plea bargain agreement from a chronic embezzler it stinks to high heavens.
Birmingham, Alabama… Realty company owner Jill Rouse Boothby admits to stealing more than 375,000 dollars from eleven condo associations she managed. She pleaded guilty to one count of wire fraud and faithfully promises she’ll pay back the hundreds of thousands of bucks she stole. Apparently, there’s not going to be any jail time.
I know U.S. Attorneys have a lot of violent criminals to deal with. But stealing from elderly people does an untold amount of damage to their lives. Any theft from old people should be considered a violent crime. But until law enforcement starts handing out some stiff punishments, these crimes will NEVER stop!
(link to story on HOA embezzler in Birmingham)
The Shadowmoss HOA Disaster Grows
guest blog by Deborah Goonan (Independent American Communities)
How many times have we heard homeowners, Community Association Managers and attorneys lament about apathy in HOAs? A quick Google search on “HOA Apathy” results in dozens of articles on the subject. Few attend annual meetings, so there’s never a quorum. No one wants to serve on the Association’s board. Does anyone actually read emails, newsletters, or the website?
Well, a group of 9 homeowners in Shadowmoss Plantation HOA (near Charleston, SC) stepped up to the plate. They were unhappy with the long-time incumbent 7-member board, especially after their HOA lost a great deal of money in a widespread alleged embezzlement scheme by Marshland Communities management company. (If you missed it, here’s the blog on Karen Colie of Marshland, and the investigation underway, involving up to 50 different Association Governed Communities in South Carolina:
The golf community has been divided over the board’s recent purchase of some land, their choice of a new management company, and what homeowners believe is a heavy-handed approach to enforcing restrictive covenants and collecting assessments. Concerned homeowners even created a website dubbed “Shadowmess” outlining their concerns and the goals of the newly elected board.
A few weeks ago, Shadowmoss Plantation homeowners spoke to their local media about their discontent over the policies of their HOA board, and on October 12th, they held a special meeting to oust their board and elect their new board of 9 members.
Of course, as is common in these situations, the incumbent HOA board members refuse to step down without a fight. The price for not being apathetic is a contentious, expensive lawsuit, guaranteed to cause even more division in Shadowmoss Plantation.
Is it any wonder why most homeowners would rather not go out of their way to attend meetings, ask questions, or run for election on the board?
Read the current story in the Post and Courier.
So, you see, homeowners can’t win. If they don’t pay attention to how the board and manager are handling their money, it’s likely to be squandered or even stolen. If homeowners do start attending board meetings and asking to see financial records, they are often considered adversarial pariahs or malcontents.
If homeowners meekly stand by as the HOA board abuses its authority, it’s only a matter of time until they bear the brunt of that abuse. If homeowners do decide to oust the current HOA leadership, they face a complicated, difficult battle to replace the board and start anew.
Who needs this kind of aggravation?
And take note that, quite often, a homeowner can live for years in an HOA without issue, but then, seemingly all of a sudden, all hell breaks loose. The triggers are many: the election of one new board member with control issues, a fire or natural disaster that destroys several units, economic recession with rampant assessment delinquencies and mortgage defaults, the discovery of hidden construction defects, or, as in the case of Shadowmoss Plantation, HOA theft and embezzlement.
No matter what starts the conflict, it almost always costs homeowners a lot of money, wasted time, and undue stress.
A protracted legal dispute with the HOA might even result in the loss of one’s home, or the need to move out to get away from conflict.
Rarely does change come easily. Rarely is there a peaceful transition of power.
Ironically, our country is having a national conversation about the fact that, in a peaceful Democratic Republic, citizens and their leaders have confidence in a fair election process, and accept the outcome.
Clearly, Association-Governed Communities are not Democratic Republics. Most HOAs are private non-profit corporations, where the outcome of a board election is often bitterly disputed.
One has to wonder: have Americans truly accepted HOAs as the new normal for local governance? I say, as evidenced by the level of conflict in HOAs, no, they have not.
Given that Association-Governed Housing has been thrust upon consumers for nearly 5 decades – like it or not – has exposure to corporate “elections” and unaccountable leadership influenced the national political climate in the U.S.?
Definitely something to think about.
