Category Archives: embezzle

Thuggery in Fort Lauderdale

We did a blog here a month or two ago about the president/treasurer of a Fort Lauderdale HOA. Seems the neighbors are irked that this guy has written tens of thousands of  of dollars worth of ‘salary’ checks to himself. Then he got pretty cocky and used money from the neighborhood budget to buy himself a new car.

Well, police have finally seen fit to arrest the guy on a second class misdemeanor. A couple of observations, here. The most this guy can get is a 30 day jail term and six months probation. That’s not bad work at all, if you can find it.

Second observation. The story was broken by a TV reporter. That means (to me, anyway) that the news media are starting to discover a lucrative source of stories and on-camera confrontations among corrupt Homeowners Associations. We’ve got to remember the pioneer in this kind of TV journalism, Nevada’s Darcy Spears of the HOA Hall of Shame report.

(link to Florida arrest story)

 

Beach Erosion Threatens SC Condominium

guest blog by Deborah Goonan

Stories like this one never cease to amaze me. Some people will do just about anything for an ocean view. An illegal sea wall and some sand bags are the only thing stopping the Ocean Club condominium from washing out into the Atlantic on the coast of South Carolina.

The million dollar unasked question is why was a construction permit issued on this site nearly 30 years ago? The resort sits at the mouth of the Dewees inlet, where waves batter the fragile coastline.  Adjacent to the condo building of 150 units, part of the beachside golf course had to be closed, slowly eroding into the ocean.

Condo owners face a hefty $750,000 fine from the state environmental protection agency for erecting the illegal seawall in 2013. Even after spending nearly $3 million trying to keep beach erosion in check, owners must once again replenish the beach next month, just as they did in 2008.

It’s a battle with Mother Nature that they are eventually going to lose – if the regulatory fees don’t bankrupt the Association first.

(link to news article about Ocean Club Condominium) 

HOA Critics: Disgruntled with an Ax to Grind or Consumer Advocates/Political Activists?

guest blog by Deborah Goonan

Why are HOA critics characterized differently than other critics of corporate exploitation and political cronyism?

If you have ever lived under HOA rule, and have had the audacity to speak up about the pettiness and injustice that permeates many of these so-called “communities,” you have probably experienced one or more of the following reactions to your criticisms:

Typical talking points directed at the critic:

“You are just a disgruntled owner with an ax to grind.”

“You are one of those people who doesn’t believe in rules and think you can just do whatever you want.”

“You just don’t understand HOA laws.”

“You don’t appreciate your volunteer Board members doing a thankless job for the good of the community.”

“HOAs are not for everybody, and you agreed to the rules when you moved in. If you don’t like it, move.”

Your HOA circulates letters to each of your neighbors, using half-truths or blatant lies to discredit you.

The Board rallies together with a few of its allies, and bullies you at meetings.

The Board instructs the Manager and Attorney to start harassing you with violation notices, nasty letters, and legal threats. In extreme cases, they play the foreclosure card.

If you work in the Real Estate sector, you have probably encountered HOA bureaucracy, incompetence, shady practices, and nastiness emanating from some HOA Boards, Managers, or Attorneys. But if you speak up and criticize the HOA industry on any level, you are regarded as a heretic and a pariah. Your expertise and research is dismissed as invalid and not worthy of serious consideration.

In light of media reports of various HOA conflicts and horror stories, the public is assured that these are just “isolated incidents.” Americans who have never resided in HOA-Land assume they can simply avoid the problem by choosing to steer clear, or, believe that HOA residents are snobs who get what they deserve. In other words, they are apt to believe some erroneous stereotypes and misinformation disseminated by HOA proponents.

Let’s compare how Americans generally view critics of the following entities:

Insurance Companies: Probably one of the most universally hated industries in a America, insurance companies are notorious for raising premiums while cutting benefits, denying claims without justification, frequently making errors in claims processing, and dropping coverage when the insured needs it most. Critics are regarded as advocates for fair treatment of consumers, and elimination of fraudulent practices that cost Americans millions annually. The public generally believes consumers who report they have been unfairly treated or ripped off by insurance companies.

Banks and Financial Institutions: In the wake of the recent economic meltdown, and taxpayer-funded bail out of banks “too big to fail,” critics have had the ear of politicians in Washington. Lending standards have been tightened as a result of what most regard as exploitative predatory lending tactics. Economists who warned of impending implosion, once viewed as alarmists, are now regarded as Oracles.

Wall Street: Increasingly viewed by the majority of the American public as Elitists and Fat Cats who have historically exerted too much influence over Congress and Federal Policy. Critics are regarded mostly as heroic Whistle Blowers for exposing devastating manipulation of financial markets that resulted in the most recent deep recession.

The US Government: America distinguishes itself from most other nations in its promotion of free speech and the absolute right of each American to openly criticize government officials at all levels, from town council to the POTUS. Critics are viewed as a necessary check on abuse of power, and, in many cases, as true patriots. Americans generally agree that political leaders at all levels are out of touch with their constituencies.

So why are HOA critics dismissed and vilified, when they bring to light equally disturbing abuses of power, management that creates social discord, covert discrimination disguising as arbitrary “rules” to be followed, economic waste, consumer misrepresentation, and, at the very least, the epitome of pettiness?

It is high time our elected officials stop turning a blind eye to failed and obsolete land use and housing policies that restrict the rights and freedoms of almost 65,000,000 Americans. Further, our government leaders must recognize that short-sighted development policies enabling and requiring fundamentally-flawed privatized HOAs threatens to destroy the economic security of our nation, inundating the housing market with unsustainable corporate communities destined to decline and fail for lack of effective and ethical leadership.

All taxpayers must recognize that one in four Americans now resides in an HOA, that the industry may now be regarded as “too big to fail,” and that no one is totally insulated from adverse economic, political, and social effects of continued grass-roots conversion of communities from free democratic republics to corporate oligarchies.

Concerned? Please write or phone your state and federal legislators. Tell them you want all American neighborhoods that are governed of, by and for the People vs. of, by, and for Real Estate Developers and corporate interests.

Find your Federal Legislators:

http://www.opencongress.org/people/zipcodelookup

Find your State Legislators:

http://openstates.org/find_your_legislator/

 

Love Those Happy Homeowner Calls!

guest blog by Nila Ridings
“Nila! This is Enock. WE WON!!!!”
Ward posted a blog with the video about Enock and Ines Berluche and their battle to keep their religious statues in their landscaping on September 30, 2014.
On this rainy day in Kansas hearing such a happy and excited voice just made my day! I asked if the legal fees were covered. Enock said Liberty Council provided their defense at no charge. That information added to the excitement of the phone call.
I promised to share this news with our readers in hopes it will provide renewed strength to those who fight these HOA battles. We are hearing from more homeowners that are winning their cases.
Tell me, are the judges getting wise to the antics of the HOAs? Are they seeing how ridiculous their bullying and abusing of the homeowners truly is? Something tells me they are.
Let’s hope this is the last time the Berluche’s hear from the HOA board. For now,
CONGRATULATIONS are in order.
Thank you for making my day, Enock!

Lies, Loans and Liabilities

guest blog by Dave Russell

Lies, Loans and Liabilities

So, your HOA has overspent, misappropriated funds or has simply “run out of money.” Now what? Well the answer here is simple, “let’s take out a loan!” That’s right, if your overinflated mandatory dues weren’t enough, your HOA is going to put you, the homeowner, on the hook for tens of thousands, if not millions of dollars for a loan.

Hypothetically, let’s say your HOA borrows a million bucks, you know, to “pay the bills.” What the homeowner may not realize is that the HOA Manager and/or the Management Company may possibly be receiving a minimum 10% “finder’s fee” for assisting the HOA in acquiring the loan. That’s right, a legalized kickback of over 100K for simply doing, well, nothing.

Call it what you want, a line of credit, or an extended line of credit, but it is still considered a LOAN. Is this really legal? Can your HOA board just simply borrow this money on behalf of its membership? The answer here is Yes and No. Yes, if your association doesn’t have any restrictions about “Loans” in their governing documents. No if there are restrictions regarding “Loans” in the governing documents.

Many associations do have provisions regarding loans however, those provisions are usually buried in a lengthy set of governing documents, that homeowners don’t read, or no longer have in their possession. In some cases, the governing documents require 2/3 of their membership approval before the HOA acquires a loan on their behalf. In some cases, your association may require the signatures of 2/3 of its membership before they sign those loan papers.

It happens often, loans being taken out without the required approval or signatures of the HOA membership. Maybe, I should have billed this story as, Fraud and Finders Fees vs. Lies, Loans and Liabilities.

I’ve seen this little scenario play out time and time again, and it’s wrong, simply wrong I tell you!

If your association is thinking about, or has acquired a loan, make sure it was, or is, being done legally. As the homeowner, you need to read through every governing document including, the CC&R’s, Bylaws, Rules and Regulations, and most importantly, the Articles of Incorporation, which are rarely ever read. Before your HOA makes you, the homeowner, liable for that loan, make sure they have done it legally and legitimately.