Category Archives: embezzle

Great Column in Las Vegas Newspaper

Rana Goodman

On My Soap Box

The Mess Continues, The Government Does Nothing!

For the past two months, I have been telling you about the issues of the Crossroads III Condominiums homeowners. Unfortunately, nothing has been resolved as of this date, since the wheels of the Nevada Real Estate Division (NRED) move painfully slow – even in the face of this emergency situation.

Terry Williams, Public Information Officer for the Nevada Department of Business & Industry, did speak to me about the case and promised to see what she could find out. She wrote me a long email ending with the following which I found very troubling:

“When an intervention affidavit is filed, the case is considered the state’s case. It is not the complainant’s case. The state has no further duty to report the status of the investigation until the investigation has been completed. The Division caseload is extremely heavy and while a complainant may feel a particular sense of urgency for resolution, the division can only complete an investigation as resources and circumstances (including responsiveness of the other parties named in the complaint, etc.) of individual cases allow.”

Perhaps that is why I have another homeowner incident on my desk that is now going into the fourth year. It has simply languished (or perhaps, been ignored?) by NRED’s bureaucracy.
And perhaps that is why Jerry Marks, who is a Supervisory Community Association Manager, (licensed by the NRED) turned to Channel 13 TV for help when he ran into problems with the HOA he lives in, rather than go through the tedious steps of “going by the NRED book.”

Jeez, the new forms alone would give you angina.

In my attempt to help the Crossroads III board and homeowners, I reached out to their Las Vegas Councilman, former Senator Bob Coffin. I sent several emails via his web page, as well as the previous Vegas Voice editions. I also enclosed a cover letter listing the problems and contact information for the board. The Councilman did not even have the courtesy to respond. No email, no phone call – nothing!

With no end in sight, Crossroads III homeowners cannot even get simple repairs made. The common areas are simply neglected by Sherryl Bacca, the community manager, even though she is paid by the “other” group that claims to be the “rightful board.”

There is now a 4 page recall petition for the “second board” that has been signed by many owners in the complex. Now that they have the required amount of signatures, by law, management has 90 days to hold that election.

If they refuse to do so, the homeowners would have to go back to the Real Estate Division to force compliance. However, as previously stated, no help has been forthcoming from NRED.
Believe me, I am very familiar with the cliché: “If you don’t like living in a HOA, why did you buy a home in one?”

Well, let’s be realistic. The largest percentage of homes built in the Valley over the last 15 or 20 years are in HOA communities. There is very little choice. Reading your governing documents only tell you the rules; you do not have any idea as to the type of board or management you are going to get.

When I was first introduced to the NRED Ombudsman’s office around 2007, a homeowner’s first “HOA problem-solver”, they were happy to give help and instruction. These days, that office is tied up for unlimited amounts of time with bureaucratic layers of forms and rhetoric that lead nowhere.

At the 2011 legislative session, few legislators wanted to talk about presenting HOA bills. However at the last session, there were hundreds of HOA bills, since legislators were besieged by homeowners who were having so many types of problems and needed help.
Things are only going to get worse and help will not be available since while “a complainant may feel a particular sense of urgency for resolution, the division can only complete an investigation as resources, circumstances… allow.”

Suffice to say, any homeowner wishing to sell and bail out of Crossroads III might as well forgetaboutit. There are disclosure laws in this state and sellers must “show and tell” if there are law suits pending, defects they are aware of, and/or “trouble in “River City.” A potential homeowner would have to be out of his/her mind to buy into that mess.

Unless of course, they are into war games!

Rana Goodman is The Vegas Voice political editor and a “trouble shooter, advocating for seniors.” She also maintains a community web site, Anthem Today; a forum for residents in Sun City Anthem. She can be reached at: rana@thevegasvoice.net.

 

Trash Can Craziness Crosses State Lines

guest blog by Nila Ridings

Bent Creek HOA in Nolensville, Tennessee is keeping a close watch on the outcome of the Turnberry Reserve trash can saga in Orlando. Remember that story? Where the board president may soon be sleeping and running the HOA business from a jail cell? Plus paying a hefty fine for ordering the theft of homeowners’ trash containers?

Up to this point, Bent Creek board members have chosen to use the legal system to fight their battle, but their covenants do not address the storage issue.  Andrea Barnes says, “Bent Creek residents are anxiously awaiting the decision by the Orange-Osceola State attorney’s office.” 

I have hoped these blogs would provide not only a resource for “who” “when” and “where” but also insight on “what” destroys an HOA.  It seems Bent Creek may have learned something here and taken a “wait and see” position.
 
The HOA where I live has this same trash container issue.  One day out of nowhere our driveways looked like the trash container stork made a massive green and yellow delivery: One for trash and one for recycling.  Combined, they take half the square footage of a compact car! Garages were not built to accommodate vehicles and trash containers at the same time.  It’s obvious this is one of those “not-so-well” thought out plans.  
 
There are many reasons these containers have become nightmares…and for the HOAs an eyesore.  And in my case, our city codes do not allow trash cans to be visible from the street.
 
Somebody, please do something to stop this insanity over trash cans before people start throwing their bags of trash in the ditches to avoid all this hassle! 
 
How do we solve this nationwide problem?  Perhaps somebody could start a “trash can home addition” that can be constructed on a Saturday afternoon and installed next to the garage? Be sure to paint it the basic HOA beige or make it look like an overgrown rose bush. Sounds like a “biz op” for some creative carpenters, doesn’t it?  Maybe they could generate some marketing by promoting it on “Shark Tank.”  
 
A special thank you to Mike Holfeld, the investigative reporter at Local 6 in Orlando for keeping us updated!
 
 
BTW, in accordance with our recent policy about re-posting public figure contact info, here’s a a list of all this HOA’s email and phone info which they’ve already published on the web:
 
Bent Creek Homeowners Association 
Board of Directors 
 
President: Bill Kottas 
Cates-Kottas Development, LLC 
 
Homeowner Representative: 
Jimmy W. Reaves 
E-Mail: JimmyReaves@Comcast.net 
 
Homeowner Representative: 
Steve Cody 
E-Mail: stevecody81@gmail.com 
 
Developer Representative: 
Cynthia Smith 
Email: cynthia_smith@rocketmail.com 
 
Elecia Lewis, CMCA 
Community 
Association Manager: 
elecia.lewis@ghertner.com 
 
Homeowner Service Center: 
615-277-0358 
 
Bent Creek Website: www.BentCreekHOA.org
 
 

LOL! God Bless Google!

Homeowners across the country have wonderful ways to track the criminals who get themselves elected to positions of power on HOA boards. It’s heady power, indeed. And according to one of my regular searches on the web, they frequently arm themselves to take down enemies.

The greatest Google search is simply…. HOA president arrested.

That’s all! And it turns up a treasury.

The most recent incident happened last month in a Homeowners Association in the San Diego area. A 59 year old HOA president apparently didn’t like the work done by a man hired to do some work in the neighborhood. The HOA president pulled out a blade and stabbed the younger man. This gem of a neighborhood leader was arrested.

More to come.

(story from San Diego)

 

 

Immunity for HOA President!

This story has been batted about for a few months but It’s a fascinating look at abuse of homeowners by their Associations. It took place in Celina, Texas.

Dozens of homeowners had to replace their roofs after last year’s big hailstorm. But four or five homeowners are being fined up to $500 per day because their roof tiles are a slightly different shade from the rest of the neighborhood. The Carter Ranch Homeowners Association demands that all roofs be “weathered wood.” But there’s no single shade that goes by such a name. There are multiple colors of weathered wood. So the HOA is threatening to lien and foreclose on the homes that the HOA board deemed were the wrong shade.

The kicker to the story, though, is video of a home whose owner painted his driveway and the sidewalks past his home bright white. It’s an obvious violation of the Carter Ranch covenants. But this homeowner doesn’t get fined, liened or foreclosed.

He’s the HOA president.

(click here for WFAA story)

http://www.khou.com/news/texas-news?fId=223692861&fPath=/news/local/&fDomain=10247

 

 

How Can We React?

It has dawned on me several times over the past few years that HOA outrages are most often reversed when a rogue HOA gets a ton of phone calls and email from angry people across the country. If you know that you, as a board officer or manager, are being watched by the whole country, you might be a little less rotten to your neighbor. In a well publicized case where an HOA official’s viciousness is widely publicized, would that official be more willing to step back and mull over the action he or she is planning to take? Certainly, when you lift up a big rock the vermin tend to scatter in the light of day.

We currently have more than 31,000 people regularly reading this blog. That means an army of folks in every state. Should we begin publicizing home phone numbers, HOA phone numbers, email addresses and management phone numbers whenever we hear of the actions of a rogue HOA board?

I’d like to hear your thoughts publicly or privately. And if we ever began such a policy it would require your help to look up and verify any numbers or addresses of those we publicize.

Your thoughts?