Tag Archives: HOA Stories

Legalized Grass

In Florida, it’s an HOA turf war. St. Augustine turf.

Many HOAs mandate the stuff even though it soaks up water, isn’t native to Florida,  demands pesticides and dies anyway. But if your St. Augustine gets a little bit brown there’s likely a big fine in the works by the Homeowners Association. Many homeowners have been begging for the chance to plant more environmentally friendly lawns, but the arrogance of many HOA boards is beyond description.

“You knew the rules before you bought into this HOA,” they scream. We’ve all heard that. We all know that. But if the EPA ever declared Homeowners Associations to be an illegal toxic chemical many of us would be a lot better off.

(link to Florida story on battle over grass)

 

 

 

$50K Goal For GoFundMe And The Purple Playset

guest blog by Nila Ridings

The blog I wrote about the Raintree Lake HOA in Lee’s Summit, Missouri on August 10th mentioned discussions of a GoFundMe account for the Stout family legal defense. They are standing up and fighting against the HOA to keep their daughters’ purple playset.

Sure enough, somebody took the bull by the horns and set it up. The donations are rolling in. And the comments from some of the donors are VERY interesting. Even a Realtor is making mention of people being afraid to buy in HOAs. How many times have we heard that before?

It’s so sickening to think all that money will go to fund the college funds of children of two HOA lawyers. Or maybe a second home in Breckenridge, Bozeman, or Bonaire. Or, possibly a yacht for the Lake of the Ozarks. No matter what the outcome of the lawsuit in the courtroom, the lawyers come out the winners. This is how the HOA legal game is played. Everybody loses except the lawyers. The pay off is determined by how long the lawyers can keep the battle raging.

When I sold yellow page advertising years ago, I had hundreds of attorneys as clients. When I asked what was the best case I could bring them they would tell me a nasty divorce. Naive me, I asked how do you know it’s a nasty divorce? With a chuckle from the attorneys I kept hearing, “you get them to call and we KNOW how to make it nasty!” Something tells me the days of the nasty divorces have been replaced with nasty HOA legal battles. Unfortunately, in that arena, I am not at all naive!

http://www.gofundme.com/hekvt8xm

 

Nevada Judge Orders Release of Documents

As a former investigative reporter I always hated it when some nameless bureaucrat failed to obey federal law and turn over documents under the Freedom of Information Act. They ALWAYS stall. In doing so they ALWAYS break the law. Many times I went behind the bureaucrats’ back and asked a buddy to ‘leak’ the requested information to me. Then to mess with their heads I often sent a letter of demand to the agency in question asking for all documents related to how the agency had handled my first demand under the Freedom of Information Act. They’re bureaucrats. They’re arrogant. Some are lazy. Some just aren’t that bright. And sometimes they screw up and end up giving me the documents they were required by law to turn over in the first place.

That said, reporters and lawyers for the Las Vegas Review-Journal are doing their job at getting their hands on documents in the FBI’s long-running investigation into the slimy, organized crime ring involving HOA scammer Leon Benzer and his private Mafia of three dozen cops, lawyers, businessmen and HOA management companies who tried to take over Homeowners Associations in The Valley.

Now, Federal Judge Mahan has seen the light and has unsealed quite a number of documents in the FBI’s biggest Las Vegas scam in the state’s history. It’ll take the reporters a long time to sift through the millions of documents. But this is the only news agency in the country that has taken HOA crime seriously and has doggedly pursued these monsters.

I’m still a bit unsettled that out of forty or so cases of bald faced lying and swindling only one guy got significant time. And I still think he’s making travel arrangements to Mexico so he’ll never spend a day in prison. Trust me. This guy is working on it.

(link to Review-Journal story on unsealing of documents)

http://m.reviewjournal.com/news/crime-courts/judge-grants-newspapers-motion-unseal-hoa-probe-documents

The Only Way To End The Lawlessness!

Arizona’s George Staropoli is one of the stalwarts in fighting the national HOA scam. He has some proposed legislation that should be enacted by every state legislature. It’s simple. It’s the exact wording of a law that would require all HOAs to give back to homeowners their rights to the 14th Amendment to the U.S. Constitution.

Tell anyone and everyone running for public office that they won’t get your vote unless they read this, propose it, and enact it.

http://pvtgov.org/pvtgov/declaration-citizenship.pdf

 

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