Tag Archives: HOA Stories

Lawsuits, Drama, and political controversy surrounding Palm Beach, FL condominium association

guest blog by Deborah Goonan

Here’s a condo story in Florida that might some day make the basis for a great TV movie script. It’s so bizarre. I can’t make this stuff up.

It involves Whitehall Condominium of the Villages, West Palm Beach, Florida.

First, I watched the WPBF news report of condo-owners breaking and entering the condo office to seize records, checks, and computer hard drives. It just so happens one of the homeowners involved was Katherine Waldron, a candidate for Palm Beach Commission.

Predictably, dirty politics is using this information to campaign against Waldron, and in favor of her competitor.

Waldron explains that in October 2014, FL Division of Professional and Business Regulation (DBPR) had authorized the removal of Condo President Vincent Rossi, and therefore the owners were justified in taking control of the Board and securing their assets and records.

Another video report from WPTV sheds additional light on the story. After a recent audit, owner Cary Collins and others became concerned about discrepancies in the financial records. There seemed to be money missing! Enter Vincent Rossi, former condo Board President. He admits to WPTV that he withdrew money from Association accounts to gamble in various casinos, but claims it was “his” money after all. Something to do with Rossi guaranteeing a past due water utility bill, he claims.

Whitehall owners have filed many other complaints with DBPR officials. But when the state fined the Association $5000, Whitehall Condo Association, led by Rossi, fought back unsuccessfully, at a cost of $130,000 to condo owners. Oh, and by the way, although he is no longer on the Board, Rossi is currently employed as the maintenance manager at Whitehall to the tune of $52,000 annually.

The owners have sued the Whitehall Condo Association and Mr. Rossi. The Association is now suing the owners for damages related to the break in.  WPTV reports an ongoing police investigation, which could result in criminal charges. Your tax dollars at work, Floridians, even if you are fortunate enough not to live in Whitehall or any other condo or HOA in the state.

It’s too early to tell how this battle will turn out, and we may never know the whole story if there is yet another round of out-of-court settlements with gag orders.

References:

(video of Palm Beach Commission candidate breaking into condo office)

(link to article about Palm Beach Commission race, Whitehall Condo)

(link to video interviews with upset condo owner, former condo president accused of wrongdoing)

(links to public record of court cases filed:)

(link to another court case)

PR2 HOA reaches confidential settlement w/City House, Frisco, TX

guest blog by Deborah Goonan

Several weeks ago, I told you about a pending legal dispute between Plantation Resort 2 HOA vs. City House, a non-profit organization that assists homeless youths. Several months ago, City House purchased and remodeled a 5-bedroom home in PR2 HOA, for use as transitional living for young adults in need of a home. Shortly after the purchase, PR2 notified City House that it would not be permitted to use the home as intended, citing violation of its Restrictive Covenants.

Earlier this week, WFAA Channel 8 was notified that a confidential, out-of-court settlement has been reached. The video and transcript is linked below.

The dispute centered on PR2 HOA’s restrictions. The attorney for the HOA, Chad Robinson, had argued that the proposed use of the residence City House now owns – as transitional living for up to 8 young women that would otherwise be homeless – does not fall within their definition of “single family use.”  Monica Velazquez, attorney for City House, has maintained that “single family use” pertains to how the property is used, not the people who live there. City House planned to use the residence to meet basic housing needs of its residents, all of whom work and attend school, but share expenses for rent, utilities and meals.  The dispute was headed for court, where a judge would decide the matter.

But, in typical HOA fashion, a legal settlement has been reached, complete with a sealed file and a gag order. Rob Scichili of City House states that they have decided not to pursue the expense of litigation and to instead move away from PR2 HOA, where they are clearly unwelcome anyway.

Sound familiar? Ah, yes, the old HOA playbook: “We have rules here, and if you don’t like them, MOVE.” The HOA gets its way once again. Of course, with a confidential settlement, the public will never know the details of what was discussed by the parties involved. And that’s just the way the HOA likes it. I certainly hope that City House was at least able to recover its closing costs, remodeling costs, and relocation expenses.

Watching the video report made my blood boil. The arrogance of the two neighbors interviewed, with their not-in-my-back-yard attitude, was nothing short of outrageous, in my opinion.

Do all PR2 residents share these NIMBY views? Probably not, but they will all have to pay for the attorney fees and the legal settlement. They will all have to live with negative publicity for their HOA. Hard to say what effect that might have on their property values.

It seems like we publish at least one blog on NAW each week, featuring yet another story of HOA discrimination, harassment, or bullying. Talk about a huge deterrent for a buyer (or tenant) to living under the HOA regime. Anyone who cares about social justice, fair play, kindness, or compassion will be sorely disappointed under corporate governance by CC&Rs.

(link to WFAA Channel 8 news report on legal settlement)

The previous blogs can be found

Here http://neighborsatwar.com/2014/10/texas-judge-decide-meaning-family-hoa/

and here http://neighborsatwar.com/2014/11/judge-rules-frisco-city-house-can-stay-hoa-civil-case-pending/

New Contest for America’s Worst Neighbor!

Please send me your submissions! ABC 20/20 did a story on these two couples on January 2nd. Amazingly bad neighbors.

I’m going to start soliciting similar nominations from you for the year’s worst neighbor…not sure what prize I’ll award for the most nightmarish neighbor…maybe a free copy of Neighbors At War, but these two couples are a prize.

God bless them. What would the rest of us do for entertainment without idiots like these?

(nightmare neighbors in New York)

 

 

Busy Beavers in Colorado High Country

A lot of areas in the Rocky Mountains have problems with beavers gnawing trees. But this state has a much bigger problem with humans who are busy as beavers gnawing away at large sums of money that belong to their neighbors. The story linked below contains an interesting line: “…it’s just the latest in a series of extraordinary embezzlement cases throughout the Fifth Judicial District, which includes Eagle, Summit, Clear Creek and Lake counties.”

imagesIt’s sad to think about, but these areas include some pretty ritzy communities with million dollar vacation homes. It must be that people put in a position of trust handling large sums of money just somehow think they’re entitled. Why shouldn’t rich people just allow us to wander through their bank accounts at will? What right do they have to complain?

(colorado embezzlements)

 

Do HOAs make homeownership more affordable and create better communities?

guest blog by Deborah Goonan

Followers of this blog and anyone that follows real estate news will quickly notice that reality stands in stark contrast to Community Association Institute (CAI) rhetoric.

For readers who are unaware, “community association” is CAI’s official terminology for what the rest of America knows a Homeowners’ Association (HOA).

Time to debunk some proclamations made in CAI’s 2013 Statistical Review (link below), and repeated annually in their publications that tout “How and Why Community Associations Work.”

Let’s start with this one:

“Expanding Affordable Homeownership. There has been a persistent effort to increase homeownership in America, especially in underserved groups, such as minorities, women and immigrants, and in specific locations, such as urban areas. Almost from their inception in the 1960s, condominiums have tended to serve as lower-cost housing, especially for first-time buyers. This was especially true of early condominium conversions, in which apartment buildings were refurbished into condominiums. Without the construction and operating efficiencies inherent in association development and operations, affordability would be an even greater problem.”

Really? But here we are in 2014, with regional and national homeownership rates back where they were a decade ago. Most buyers cannot afford homes at current prices. If you have been following the blogs here on Neighbors at War, then you know that Florida, only high-end condos priced at approximately $500,000 and up, are under construction – most of them are snapped up by foreign investors in cash sales. Another 235 or so condominium projects have failed and have been terminated, most converted to rental properties, kicking over 17,000 condo owners to the curb after forcing most of them to sell at a fraction of what they paid for their units prior to 2007. You also know that lenders now avoid underwriting mortgages for condos and HOAs, due to high rental to owner percentages, underfunded Association reserves, and, in some states, the fact that mortgage holders risk losing their entire mortgage interest due to super priority lien status for HOAs.

All of these factors have eroded any temporary gains in affordability for buyers. When you add to the mix the fact that HOA assessments have increased significantly in recent years, well, that just decreases affordability of “community association” living even more.

And how about this bit of marketing hype and political puffery?

“Building a Sense of Community. We are, for better and worse, a highly transient society. Americans follow professional opportunities and other preferences from state to state. By their inherent nature, community associations bring people together, strengthen neighborhood bonds and promote a sense of community and belonging—attributes that are often overlooked. Many residents take advantage of community-sponsored activities, such as holiday events, social clubs, athletic and fitness activities, pool parties and more. These activities help residents get to know their neighbors and forge new, supportive friendships. Social opportunities exist even in smaller associations that don’t have the resources or critical mass to sponsor formal activities. Many Americans make enduring friendships by serving on association boards and committees and volunteering in other ways.“

If you follow national or state HOA news and issues on social media – or read print media, or watch television media – it becomes clear that there is a great deal of conflict in many “community associations.” We’ve blogged about unfinished subdivisions, abandoned condominium projects, and the growing percentage of absentee owners and renters that hardly result “neighborhood bonds” or “enduring friendships.” No doubt you have read about lawsuits and foreclosure threats over a flag in a flowerpot and access to financial records, disputes over lawn ornaments or service dogs for the disabled, threats and physical altercations at Board meetings, tens or hundreds of thousands of assessment dollars being embezzled, tenants and owners having their vehicles towed from city streets. It is common knowledge that many HOAs cannot find anyone willing to serve on their Boards. The list goes on and on.

Additionally, the NJ Supreme Court has acknowledged that CC&Rs do not protect First Amendment rights. And FHFA has objected that HOA super-priority liens divert taxpayer dollars to private communities.

Are HOAs really working to improve housing affordability and quality of life in American communities? Do they benefit American taxpayers in general?

Or are increasing reports of the struggles and strife of HOAs making a mockery of CAI’s glowing self-evaluation?

You be the judge.

How and Why Community Associations Work (Community Associations Institute Factbook)