Category Archives: lawsuit

Outrageous! Shutting Down Heat to the Whole HOA???

 guest blog by Deborah Goonan, (Independent American Communities)

Another week, another outrageously unbelievable story involving a condo association. This one is in Aurora, Colorado.

Not long ago, I told you about a condo association in Ohio that has not repaired their central heating system for many months. Today I am sharing a video report from Fox 31 Denver, about Cedar Crest Condominiums. Residents – many of them tenants – have been without central heat since late October.

Rob Low of Fox 31 reports that residents are using space heaters and their ovens in order to heat their apartments.

Obviously, when the temperatures dip as low at 10 degrees Fahrenheit, that isn’t enough to provide a safe, comfortable living environment. Then there’s the fire hazard, of course, something that isn’t mentioned in the news report.

An interview with the condo association president, Judith Lorraine, explains the reason for delay in repairing the heating system — there’s no money.

Lorraine said the first bid to fix the pipes was $120,000 dollars. But she said getting the various owners to cough up a special assessment of $2,600 dollars for each of the 47 units met with a chilly reception, “We have owners that own the biggest part of the building that refuse to do that. They say they`ll pay their share when they sell in 10 or 20 years and that doesn`t help us today. We need the money today.”

You can read the transcript and watch the video here: 

http://kdvr.com/2015/12/31/2-months-with-no-heat-at-aurora-condo-problem-solvers/

But…doesn’t the City of Aurora enforce building codes?

Now, you may ask a reasonable question: where does the City of Aurora stand on this issue? Well, according to the report, city officials are giving condo owners a 30-day warning, hoping they’ll get it together and do the right thing.

In other words, the city is exhibiting weak leadership, attempting to avoid strong enforcement of building codes, and basically allowing irresponsible condo owners to get away with collecting rent on unheated apartments.

Apparently City officials are more concerned about offending taxpaying condo owner-investors – even if they are not responsible landlords – than protecting the rights of owner-occupants and tenants.

Even more outrageous, Aurora goes out of its way to promote even more condo construction

Yes, Aurora is encouraging developers to build even more condos.

Over and over again, I share with you stories of the inevitable chaos and dysfunction, and the suffering thrust upon residents, not just in Colorado, but all over the US.

There are countless examples of Association-Governed Residential Communities where it’s clear that common ownership under corporate governance structure does not work. It breeds internal conflict and enables investor-landlord interests to violate the rights of owner-occupants and tenants.

Corporate association interests under developer control also shield condo builders from liability for shoddy construction.

But, as you might recall from earlier blogs, Aurora is one of several major Colorado cities to pass a local ordinace making it more difficult for condo owners to hold developers accountable for construction defects.

Makes you want to run right out and purchase or lease a condo, doesn’t it?

Or…maybe not.

A Must-Read by a Florida HOA Lawyer

I post links whenever I hear of an interesting story. This one is MUST-READ! It’s written by a Florida lawyer who talks about how corrupt lawyers in the HOA system are. You’d think that the average legislator would read such a post and demand that the laws be changed. But they never do. To me, it just points to the out-of-control corruption that infests the legal industry and the legislatures in every state.

“The first thing we do, let’s kill all the lawyers.” -Shakespeare (King Henry VI)

(link to blog by Florida HOA lawyer)

http://condohoalaw.blogspot.com/2014/04/abuse-of-power-living-miserably-in.html

 

 

More & More Lawyers on the Homeowners’ Side!

Homeowners are gradually finding more lawyers willing to represent them against bully HOA boards. That’s great news. Along that line, a Florida law firm is aggressively advertising that it will take up cases of wronged homeowners. Their online ad is pretty good. We need at least one law firm like this in every state.

(link to Denmon & Denmon HOA ad)

 

 

Disgusting HOA Christmas Lights Policy

Want to know how to crash an entire neighborhood’s property values? Just tell homeowners that absolutely no Christmas lights or decorations are allowed, even inside the windows of a home. Violators will be fined. Then spread the word to all Realtors who might want to list property in that area. Bam! Your home is worth tens of thousands of dollars less.

Muirfield Village Homeowners Association. Mesa, Arizona.

Yep. The board has been threatening action against any fool who puts up Christmas decorations. Most of them have been taken down. We’re not talking Dickens’ Scrooge or Suess’s Grinch, here. We’re talking about board members whose collective brain capacity is that of a pet rock. I take it back. A pet rock is probably a little smarter.

Who votes these idiots into office, anyway?

(link to KPHO/KTVK television)

 

HOA Heroine In Massachusetts

I’ve only met her once during a brief luncheon in Denver, but Molly Dunn is one of a growing number of brave people trying to stand up for the rights of homeowners across America.

She testified before the Massachusetts Legislature to try to plead for more help for homeowners who run afoul of their HOAs. She worked with the staff of Massachusetts Senator Dan Wolf. Wolf has been trying to put some teeth into the law that supposedly requires HOA boards and management companies to let homeowners see the books. But many HOA boards and management companies are very reluctant to do so. A possible reason, Molly says, “is that homeowners might recognize inconsistencies or inaccuracies in the records.”

Molly says Senator Wolf and his staff who supported her through her struggle. And Senator Wolf was tenacious. He introduced pro-homeowner legislation four separate times. Molly says he’s retiring next year which is sad because a politician of his good character is rare these days. She asks that people drop him a short thank you note.    (Daniel.Wolf@masenate.gov)

And here’s the link to the story about the Massachusetts Senate hearing.

(link to WGBH News story)