Category Archives: construction defects

Another Day, Another HOA Embezzler

The former treasurer of the Summit Ranch Homeowners Association in Chino Hills, California is going to jail for up to a year for embezzling more than 128,000 dollars.

For every one they catch, there are ten thousand others getting away with it.

(how to get rich quickly…Just embezzle)

 

 

Another Sign We’re Winning the HOA Wars!

The article linked below is exceedingly long. But it’s another sign the mainstream media are finally ‘getting it.’

(link to HOA story in the Houston Press)

http://www.houstonpress.com/news/tipping-point-in-huntington-village-the-community-association-has-all-the-power-7998755

A Fiscal Tidal Wave Coming To America?

For several years I’ve warned readers of this website that this country is facing a massive fiscal crisis because of too many years of profligate spending. It’s not just the U.S. government, either. It’s China, Russia, Japan, Greece, Brazil, Portugal, Ireland and many others. Because these countries don’t back up their currencies with cold, hard assets, the value of these fiat currencies is whatever the respective government says it is. If a government overspends, then it just devalues its currency and uses inflation to lessen the pressure of its federal debt.

That’s a ponzi scheme, and ever since Charles Ponzi’s stamp selling scam in Boston in the 1920s, the world has known that even legitimate businesses (or governments) that continually spend more than they take in…eventually collapse.

On this website I’ve occasionally warned you that a fiscal calamity could ripple across the nation’s Homeowners Associations and because of a history of mismanagement by HOA bullies, mortgage companies will be increasingly reluctant to lend money where neighborhood associations are mired in a pattern of litigation. If a home buyer can’t get a mortgage to buy your house, what is your house really worth? Did the HOA really fulfill its promise to protect your property values?

Now, going one step further, pay very close attention to news events of this next week. A fiscal disaster that could profoundly affect the U.S. housing market could happen as early as next weekend. Oil prices across the world have collapsed to under thirty dollars a barrel. Some on Wall Street say the price could eventually go as low as sixteen dollars a barrel.

Saudi Arabia, one of America’s staunchest allies, is panicking. Oil sales amount to 75% of that country’s income. For years, the Saudis have pegged the value of the riyal to the U.S. Dollar. If they pull that peg and the riyal is devalued against the dollar, then Katy bar the doors. There’s no one who can predict how this will impact the world economy.

Massive inflation might help the individual who holds a large fixed interest mortgage. For many decades homeowners have been able to inflate their mortgages away. But a frightened financial industry doesn’t like to offer reasonably priced mortgages in risky neighborhoods.

I’m not an economist so I’m open to criticism. But these are interesting times, aren’t they?

Calling All Lawyers!

One of my unspoken goals in creating this blogsite is to gradually build a list of lawyers in each and every state who are not beholden to such dismal anti-homeowner organizations as the Community Associations Institute. Other bloggers and I have been assembling a list of attorneys who truly represent homeowners against HOA bullies and management companies. So I solicit your input on lawyers you think deserve to be recommended by our network. You can privately email me at ward@NeighborsAtWar.com. Ultimately, our vetted list will be made available on all sorts of homeowners rights blogs.

On the subject of homeowner’s rights lawyers, I love the blogs put up by Florida attorney Barbara Billiot Stage. I know nothing about her, but I love some of her posts.

(link to Attorney Barbara Billiot Stage)

 

 

 

 

Abusing the Handicapped

guest blog by Deborah Goonan

Wow! Sometimes I read about egregious HOA acts of discrimination that boggle the mind.

This is one of those times.

Gary and Renee Kuhn are the parents of a severely disabled adult daughter. Khrizma has Down’s Syndrome, autism, chronic digestive problems, scoliosis, and the intellectual capacity and functionality of a 2-year old child.

In 2005, they purchased a home in The Fountains at McNary Estates, making them subject to not one, but two, sets of HOA restrictions.

For the first five years of residence, Khrizma lived with her parents part time. Beginning in 2010, their daughter became a full-time resident. In 2014, her medical condition worsened, causing Khrizma to experience urgent bowel movements. Unable to care for herself, the Kuhns must provide round-the-clock care, which includes quick access to toilet facilities and access to a shower for clean up after use of the toilet. The curvature of Khrizma’s spine makes it necessary for her to lie down when being transported to various medical appointments and treatment centers.

The Kuhn’s were faced with the difficult dilemma of how to best care for their daughter’s needs, particularly during transport to and from appointments and medical treatment. In conjunction with her doctors, it was determined that the best solution would be to purchase a specially equipped RV with toilet and shower facilities, as well as a bed for her to rest. The doctors recommended parking the RV in the driveway for immediate access as needed. However, HOA rules prohibit parking of RVs in driveways.

Khrizma’s doctor provided a written explanation of the necessity of accommodating the family’s need to care for their disabled daughter, and the Kuhns made several requests for reasonable accommodation under the Fair Housing Act, both at the federal and state levels.

Both McNary Estates and The Fountains HOAs denied those requests, under the advice of their attorney, Kevin Harker, owner of Community Associations Law Group in Portland, Oregon. Harker insists that the HOA is not obligated to provide accommodation for the RV, as it is merely a method of transportation, and does not involve Khrizma’s use and enjoyment of the dwelling itself.

I told you it was egregious.

Fair Housing Council of Oregon (FHCO) vehemently refutes Harker’s claims, but the HOAs both stood firm in their convictions to deny the civil rights of Khrizma and her parents. FHCO informed both HOAs that Kuhns were legally entitled to park an RV in their driveway, and, after months of delay, the Kuhns proceeded to do just that. The HOA immediately began threatening to sue the Kuhns in order to force them to remove their RV.

According to the complaint, several of the Kuhn’s neighbors, two of them former HOA Board members, allegedly engaged in hostile behavior, including spying on the Kuhn’s from the residence across the street.

This is a common theme we see repeated in Association Governed Residential Communities all over the US. The Board often discredits and demonizes homeowners with whom they disagree. Many homeowners then either avoid the alleged “troublemaker” or engage in further harassment.

The family was forced to sell their home to remove themselves from the hostile environment, and to obtain necessary accommodations for their daughter’s disabilities.

The story has been covered by Oregonlive.com, and includes a link to the Legal Complaint filed on behalf of the Kuhns by their Civil Rights attorneys, Dennis Steinman and Scott J. Aldworth, of Keller, Alterman, & Runstein, based in Portland, Oregon.

Parents sue homeowners association that wouldn’t let them park RV to help disabled daughter

Another story on the Kuhns

Read the Complaint filed on behalf of the Kuhns

Upon reading the complaint, I was able to discover some disturbing claims brought by the Kuhns:

  • Richard LeDoux, President of The Fountains HOA, has physically and verbally threatened Mr. Kuhns. He has also engaged in what appears to be a smear campaign by emailing all Fountains HOA residents claiming the HOA has no legal obligation to accommodate an RV in the driveway.
  • Both Teresa Girod, President of McNary Estates HOA, and LeDoux have led their respective Boards to deny reasonable accommodation not only for parking the RV in the driveway, but also to honor a request made by the Kuhns to move the location of board meetings from the personal homes of Board members to the HOA clubhouse, a facility that is ADA compliant.
  • The HOA has attempted to force Kuhns into mediation over their request for accommodation, and to binding arbitration over their refusal to remove the RV from their driveway.
  • In the process of selling and moving to a new home, the Kuhns were forced to spend $76,000 more on the new house, and had to vacate their former home for a month before they could close on their new home. That meant they had to spend thousand of dollars to live in a cramped hotel room. The unexpected extra expense forced them to sell their car. This situation caused immense stress for both Khrizma and her parents. Mr. Kuhn had to be placed on medication for anxiety related to extreme stress during that period of time.

 A few other nuggets:

  • The Kuhn’s attorneys, Steinman and Aldworth, are noted experts in Civil Rights litigation in the Portland area. They are demanding a jury trial.
  • McNary Estates HOA’s attorney, Kevin Harker, is the owner of Community Associations Law Group, a member of Community Associations Institute (CAI) Oregon and Utah Chapters. He has been a speaker at CAI national conferences in 2013 and 2010. The topic of his 2010 speech was “Keeping out the Riff-Raff: Making Your Community Safe.” He has co-authored the 2006 Washington (state) HOA Handbook.
  • According to the news release, McNary HOA has been involved in a previous Fair Housing lawsuit, which they lost.

It appears that HOA members will be on the hook for more legal expenses, which may very well be denied by their insurance policy. Stay tuned for updates.