Tag Archives: HOA Nightmare Stories

Beach Erosion Threatens SC Condominium

guest blog by Deborah Goonan

Stories like this one never cease to amaze me. Some people will do just about anything for an ocean view. An illegal sea wall and some sand bags are the only thing stopping the Ocean Club condominium from washing out into the Atlantic on the coast of South Carolina.

The million dollar unasked question is why was a construction permit issued on this site nearly 30 years ago? The resort sits at the mouth of the Dewees inlet, where waves batter the fragile coastline.  Adjacent to the condo building of 150 units, part of the beachside golf course had to be closed, slowly eroding into the ocean.

Condo owners face a hefty $750,000 fine from the state environmental protection agency for erecting the illegal seawall in 2013. Even after spending nearly $3 million trying to keep beach erosion in check, owners must once again replenish the beach next month, just as they did in 2008.

It’s a battle with Mother Nature that they are eventually going to lose – if the regulatory fees don’t bankrupt the Association first.

(link to news article about Ocean Club Condominium) 

HOA Critics: Disgruntled with an Ax to Grind or Consumer Advocates/Political Activists?

guest blog by Deborah Goonan

Why are HOA critics characterized differently than other critics of corporate exploitation and political cronyism?

If you have ever lived under HOA rule, and have had the audacity to speak up about the pettiness and injustice that permeates many of these so-called “communities,” you have probably experienced one or more of the following reactions to your criticisms:

Typical talking points directed at the critic:

“You are just a disgruntled owner with an ax to grind.”

“You are one of those people who doesn’t believe in rules and think you can just do whatever you want.”

“You just don’t understand HOA laws.”

“You don’t appreciate your volunteer Board members doing a thankless job for the good of the community.”

“HOAs are not for everybody, and you agreed to the rules when you moved in. If you don’t like it, move.”

Your HOA circulates letters to each of your neighbors, using half-truths or blatant lies to discredit you.

The Board rallies together with a few of its allies, and bullies you at meetings.

The Board instructs the Manager and Attorney to start harassing you with violation notices, nasty letters, and legal threats. In extreme cases, they play the foreclosure card.

If you work in the Real Estate sector, you have probably encountered HOA bureaucracy, incompetence, shady practices, and nastiness emanating from some HOA Boards, Managers, or Attorneys. But if you speak up and criticize the HOA industry on any level, you are regarded as a heretic and a pariah. Your expertise and research is dismissed as invalid and not worthy of serious consideration.

In light of media reports of various HOA conflicts and horror stories, the public is assured that these are just “isolated incidents.” Americans who have never resided in HOA-Land assume they can simply avoid the problem by choosing to steer clear, or, believe that HOA residents are snobs who get what they deserve. In other words, they are apt to believe some erroneous stereotypes and misinformation disseminated by HOA proponents.

Let’s compare how Americans generally view critics of the following entities:

Insurance Companies: Probably one of the most universally hated industries in a America, insurance companies are notorious for raising premiums while cutting benefits, denying claims without justification, frequently making errors in claims processing, and dropping coverage when the insured needs it most. Critics are regarded as advocates for fair treatment of consumers, and elimination of fraudulent practices that cost Americans millions annually. The public generally believes consumers who report they have been unfairly treated or ripped off by insurance companies.

Banks and Financial Institutions: In the wake of the recent economic meltdown, and taxpayer-funded bail out of banks “too big to fail,” critics have had the ear of politicians in Washington. Lending standards have been tightened as a result of what most regard as exploitative predatory lending tactics. Economists who warned of impending implosion, once viewed as alarmists, are now regarded as Oracles.

Wall Street: Increasingly viewed by the majority of the American public as Elitists and Fat Cats who have historically exerted too much influence over Congress and Federal Policy. Critics are regarded mostly as heroic Whistle Blowers for exposing devastating manipulation of financial markets that resulted in the most recent deep recession.

The US Government: America distinguishes itself from most other nations in its promotion of free speech and the absolute right of each American to openly criticize government officials at all levels, from town council to the POTUS. Critics are viewed as a necessary check on abuse of power, and, in many cases, as true patriots. Americans generally agree that political leaders at all levels are out of touch with their constituencies.

So why are HOA critics dismissed and vilified, when they bring to light equally disturbing abuses of power, management that creates social discord, covert discrimination disguising as arbitrary “rules” to be followed, economic waste, consumer misrepresentation, and, at the very least, the epitome of pettiness?

It is high time our elected officials stop turning a blind eye to failed and obsolete land use and housing policies that restrict the rights and freedoms of almost 65,000,000 Americans. Further, our government leaders must recognize that short-sighted development policies enabling and requiring fundamentally-flawed privatized HOAs threatens to destroy the economic security of our nation, inundating the housing market with unsustainable corporate communities destined to decline and fail for lack of effective and ethical leadership.

All taxpayers must recognize that one in four Americans now resides in an HOA, that the industry may now be regarded as “too big to fail,” and that no one is totally insulated from adverse economic, political, and social effects of continued grass-roots conversion of communities from free democratic republics to corporate oligarchies.

Concerned? Please write or phone your state and federal legislators. Tell them you want all American neighborhoods that are governed of, by and for the People vs. of, by, and for Real Estate Developers and corporate interests.

Find your Federal Legislators:

http://www.opencongress.org/people/zipcodelookup

Find your State Legislators:

http://openstates.org/find_your_legislator/

 

Lies, Loans and Liabilities

guest blog by Dave Russell

Lies, Loans and Liabilities

So, your HOA has overspent, misappropriated funds or has simply “run out of money.” Now what? Well the answer here is simple, “let’s take out a loan!” That’s right, if your overinflated mandatory dues weren’t enough, your HOA is going to put you, the homeowner, on the hook for tens of thousands, if not millions of dollars for a loan.

Hypothetically, let’s say your HOA borrows a million bucks, you know, to “pay the bills.” What the homeowner may not realize is that the HOA Manager and/or the Management Company may possibly be receiving a minimum 10% “finder’s fee” for assisting the HOA in acquiring the loan. That’s right, a legalized kickback of over 100K for simply doing, well, nothing.

Call it what you want, a line of credit, or an extended line of credit, but it is still considered a LOAN. Is this really legal? Can your HOA board just simply borrow this money on behalf of its membership? The answer here is Yes and No. Yes, if your association doesn’t have any restrictions about “Loans” in their governing documents. No if there are restrictions regarding “Loans” in the governing documents.

Many associations do have provisions regarding loans however, those provisions are usually buried in a lengthy set of governing documents, that homeowners don’t read, or no longer have in their possession. In some cases, the governing documents require 2/3 of their membership approval before the HOA acquires a loan on their behalf. In some cases, your association may require the signatures of 2/3 of its membership before they sign those loan papers.

It happens often, loans being taken out without the required approval or signatures of the HOA membership. Maybe, I should have billed this story as, Fraud and Finders Fees vs. Lies, Loans and Liabilities.

I’ve seen this little scenario play out time and time again, and it’s wrong, simply wrong I tell you!

If your association is thinking about, or has acquired a loan, make sure it was, or is, being done legally. As the homeowner, you need to read through every governing document including, the CC&R’s, Bylaws, Rules and Regulations, and most importantly, the Articles of Incorporation, which are rarely ever read. Before your HOA makes you, the homeowner, liable for that loan, make sure they have done it legally and legitimately.

 

What Happens When Government Fails to Ensure Quality Construction in HOAs?

guest blog by Deborah Goonan

Does your HOA have problems with shoddy construction or defects in common areas such as roads, storm water drainage, street lighting? Did your developer fail to deliver what was promised at the time of sale?

If so, you’re not alone. Check out the video reports linked below. Hidden Lake Estates HOA in Sherwood, Arkansas, has issues with poor drainage, causing owners’ yards to flood every time it rains. At Stone Hill Estates HOA in Durham, North Carolina, the Developer has left roads, sidewalks and storm water drainage systems unfinished for several years.

Owners from both HOAs have appealed to city leaders to help resolve these issues. In both cases, the Cities initially balked at getting involved. However, one council member from Sherwood has called for an investigation into storm flooding at Hidden Lake, and a judge in Durham recently ruled that the City help pay for unfinished work at Stone Hill. Protracted battles will likely continue. These are just two examples, but this is becoming a common problem all over the country.

Who’s responsible, and who should pay?

During the building boom of the last decade, plenty of planned developments and condominiums were hastily approved and built to keep up with growing buyer demand. Additional contractors were hired, and some of them lacked sufficient skills. When the dust settled, problems began to appear.

It’s clear that architects, design engineers, and developers ultimately bear responsibility for the quality of their work and that done by their construction crews, but the obvious unasked question is:

What is government’s role in development of HOAs and prevention of poor construction?

Local development and planning commissions have responsibility for issuance of construction permits, establishment of building codes, inspection of work at various phases in the project, and issuance of occupancy permits upon successful completion.  In many cases, additional state and local agencies, such as the Department of Environmental Protection also play a role in ensuring development meets health and safety standards.

As taxpayers, we expect our local government agencies to ensure that our homes and major infrastructure of our communities are built to a standard of safety and reasonably sound quality. Unfortunately, as evidenced by thousands of construction defect claims in the past decade, local planners and inspectors quite often fail to do due diligence before, during, and following construction.

Why? Perhaps it is because city or county staff does not have to maintain HOA infrastructure or Condominium buildings. Therefore they are not overly concerned about quality of design and construction, and ease of maintenance.

Worse than that, sometimes our local elected officials undermine quality control policies.

Take the Lakewood City Council of Colorado, for example. (see link) The Council wants to enact an ordinance that would make it easier for Developers to avoid litigation of construction defect claims with HOAs. If passed, the ordinance would reduce rights that currently exist under state law, making it more difficult for HOAs to sue.

Supporters of the City ordinance claim that current state law makes it too easy for owners to sue Developers, drives up the cost of insurance, and makes it unfeasible to construct additional entry-level condominiums for millennial buyers.

So let me get this straight: Lakewood City Council wants to make it easier for developers to avoid liability for shoddy construction, in order for the Mayor and Council to entice Developers to build more Condos (with HOAs). No doubt, the city government’s goal is to increase its tax revenue base, with minimal impact to the city budget. But at what cost to taxpayers and consumers?

In all fairness to Lakewood City, local government politicians in cities and towns all across the nation have adopted a similarly misguided stance.

Dare I say, depending on the politics of local government, committees that vote to approve new construction projects can have cozy family or business ties to real estate developers and to investors?

Attorneys representing all sides of ensuing controversies – developers, engineers, construction companies, HOAs, owner groups in HOAs – are the only clear winners when local government fails to prevent shoddy or unsafe construction in the first place.  Owners of HOA properties often find themselves stuck with unresolved problems, damages to personal property, uncooperative Boards, special assessments to cover fees for attorneys, and possibly even higher property taxes.

In HOAs, owner financial responsibility for common areas often leads to common headaches.

(link to video of defective drainage in Sherwood, AR HOA)
(link to video of unfinished development, Stone Hill HOA, Durham)
(link to article on proposed Lakewood, CO ordinance)

Waterlogged At Lemiere Condominiums

guest blog by Nila Ridings

Condo owners in Chandler, Arizona are finding themselves under water, lots of water!

Irreplaceable family photos and damage to items stored in their garages, such as cars, are not their problem, says the HOA. The insurance company for the HOA says it’s not their problem, either. And the condo owners didn’t carry flood insurance. Whose problem is it? Well, it looks like that is going to be decided in lawsuits. (Oh! Here we go again!)

J. Roger Wood an attorney and supporter of HOA homeowners notes the owners did notify their HOA prior to the storm of drainage problems. Will that be sufficient to settle these claims? Or will the HOA just decide to spend the money that could be spent repairing the drainage problems on fighting these condo owners in court? Will failure to maintain the property that resulted in condo owners receiving personal property damage be enough to convince a jury?

What do you think?

This is probably an ideal time to remind readers that any time you are making a request of the HOA to always do it in WRITING and keep a copy. If you send an email, print a copy and keep it in a file.

(link to KPHO TV story on flood damage)