Category Archives: Horror Stories

Franklin TN HOA: $156K Fine over treatment of Disabled Children

      3 Comments on Franklin TN HOA: $156K Fine over treatment of Disabled Children
guest blog by Deborah Goonan

When Charles and Melanie Hollis purchased a home for their family in 2011, they probably didn’t expect to run into difficulty getting approval from their homeowners’ association for a sunroom addition. The sunroom was needed for two of their children, who happen to have physical and mental disabilities. It was intended to provide space for exercise equipment and physical therapy for the children.

After four attempts at getting a modification plan approved by the Architectural Review Committee, their reasonable request was essentially denied. Reading the September 2014 District Court decision, linked below, in December 2011, Chestnut Bend HOA attorney wrote a letter to Mr. and Mrs. Hollis, making approval of the sunroom conditional upon the agreement to install a more expensive shingle roof rather than a metal roof. The main reason for that condition was apparently to enhance the addition’s appearance.

The Hollis’ attorney replied that the owners would like to proceed with the metal roof, because of its lower cost, the fact that other homeowners also have additions with metal roofs, and the Property Manager had already acknowledged in writing that a metal roof would be acceptable. Attorney Tracey McCartney, Tennessee Fair Housing Council, provided a deadline date for response from the HOA Attorney, who never did issue a definitive approval.

So the Hollis family sold their home in Chestnut Bend, at a loss, and moved to another nearby home in a different community.

Four years later, the HOA has agreed to compensate the Hollis family $156,000 to cover damages.

Incredibly, the HOA Board still won’t admit any wrongdoing. After all, the rules are the rules, and they must be followed, according to the Board President. According to the Tennessean, Mr. Vaughn blames the Hollis’s for “hurting” their Association by creating the impression that the HOA is not a welcoming place. Call it Reputation Management.

And Westwood Property Management company was able to wiggle out of the lawsuit by agreeing to train its employees about Fair Housing laws, and to create a written policy for the company to use in the future.

But isn’t it rather disturbing that a professional management company would not already provide sufficient training to its staff? After all, it’s not as though requests for accommodation or modification by disabled residents are a rare occurrence.

And why does it take four years and several appeals to get to a resolution? I wonder how many HOA residents simply move out and give up on pursuing the matter, just to avoid the stress?

Maybe that’s part of an unscrupulous HOA Board’s playbook —  perhaps even encouraged by the Association Attorney and/or Manager. Say it isn’t so!

(link to news release regarding legal settlement)
(link to Sept 2014 District Court decision)

 

The Loss of Childhood Innocence

      2 Comments on The Loss of Childhood Innocence

Today, while driving to the Post Office in my old Denver neighborhood, I passed a little girl’s lemonade stand. She couldn’t have been more than eight years old but she was shouting at motorists like a professional carnival barker. Had I not been in traffic I would have pulled over and bought a cup. In fact, I may even go back tomorrow to see if she’s still there.

It brought back childhood memories of life at Ft. Sam Houston, Texas, where our home was located immediately across the street from a ball field where Army soldiers played softball every weekend. Mom taught us how to make and sell something she called ‘duros.’ It might have been a totally made-up name. I never knew. But a duro was Kool-Aid in a Dixie cup, a Popsicle stick in the center, frozen hard in our big basement freezer. In the hot Texas sun the softball teams lined up to buy duros from my little brother and me.

The coincidence of seeing today’s news story linked below was remarkable. An Overton, Texas cop has put a little girl’s lemonade stand out of business because she didn’t have a permit.

I’m glad I grew up in a more innocent age when political correctness wasn’t used to beat up little kids.

(link to East Texas Popsicle scandal)

 

Before Buying That Condo in Mexico….

      1 Comment on Before Buying That Condo in Mexico….

So many people are buying retirement homes in Mexico. But before you make that leap, study a recent condo seizure by a court that ruled Americans have no rights in Mexico. This poor lady (linked below) spent hundreds of thousands of dollars for her Mexican condo. But a lien filed by the workers against the developer ended up in her losing everything.

Actually, this same kind of thing could happen in many countries. As an American, you have rights that no one else in the world possesses. Treasure those rights. Guard those rights. Be militant about those rights. And just remember the old saying: “Anyone who ever made a difference was once called a trouble maker.”

(link to story of confiscation of Mexican condo)

 

Stupid, Stupid Aspen

      2 Comments on Stupid, Stupid Aspen

No, not everyone in Aspen is stupid. But this kind of a story is a national embarrassment and every rich person in this glittery ski town should be down the necks of the idiots who are allowing this to continue.

I’ve written about this service dog dispute before. The board of the Aspen View Condominiums on Midland Avenue has spent months harassing the owner of a condo because he rented it to a woman who has a service dog to help her deal with her epilepsy. After months of the most incredible nastiness toward this woman, she moved out.

But Aspen View bullies wouldn’t quit. They began assessing fines against the condo owner and have liened his home.

If you want to sleep tonight, do not read the Aspen Times story linked below. If, however, you want to see how low and morally degraded some HOAs get, then have at it. And think about sending a note to this disgraceful board.

(The Aspen Times makes you answer a question before the text appears. Just click a box and you’ll be able to read it.)

(link to story on service dog flap)

 

 

FL legislation passed will harm, not help Condo and Homeowners’ Association owners and residents

      1 Comment on FL legislation passed will harm, not help Condo and Homeowners’ Association owners and residents
guest blog by Deborah Goonan

I can’t say I’m surprised, but I am thoroughly disgusted by the nature of HOA legislation that has passed the 2015 Legislative session, despite the fact that the FL House threw in the towel 3 days early. Given the hostile nature of other pending bills, it was probably a blessing in disguise.

Here are some highlights of what HOA-related passed and what failed:

CCFJ-backed SB 1308/HB 1263, the bill that would have authorized limited state oversight of HOAs similar to that available to condo owners, died before ever making it to a committee, for the second year in a row.

SB 611 / HB 736, a bill that would have limited fees charged for estoppels, and that was hotly debated and opposed by management, collection companies and Association law firms, effectively died when the session was dismissed early. That means business as usual. Fee gouging and hitting buyers at closing with last minute with extra closing costs will continue for at least another year.

HB 791 passed 98-17 in the House and unanimously in the Senate. The bill will extend the Distressed Condominium Act (DCA) for two more years, until June 30, 2018.  The DCA allows investors to “bulk buy” condos for rehab and resale, but significantly limits bulk owner liability for construction defects and also allows investors to waive funding of reserves until each unit is sold. The DCA has played a key role in creating perverse incentives for investors to take over condo Boards and force termination upon remaining owners, who have in turn been forced to sell for a fraction of what they paid for their units several years ago.

The bill also specifies that official records now include only “written records,” effectively eliminating audio or videotapes among the records HOAs must retain for at least 7 years. Also in this bill: if you are a tenant, and your landlord owns multiple units, but owes any financial obligation pertaining to even ONE unit, the HOA may suspend your privileges to use the recreational amenities and common areas until the owner is current, even if your unit is not directly tied to a fine or delinquent assessment.

Also buried in this homeowner-hostile bill is a carefully crafted provision that will allow HOAs governed under Statute 720 to issue fines exceeding $100 per violation and $1000 in the aggregate if the governing documents allow it. There will be no absolute maximums that HOAs can fine owners, so long as the oligarchy that controls a supermajority of votes is able to amend the documents any way it sees fit.  To make it even easier to accomplish a vote, the bill also permits proxies to be faxed or emailed, and will now allow for online voting.

And the standard priority of payment application for HOAs remains as follows: payments first apply to interest, then late fees, then attorney and collection fees, and last, but not least, the amount of the delinquent assessment. And HB 791 merely states that fines of less than $1000 may not become a lien against the home, implying that fines of $1000 or more CAN become liens that could then lead to foreclosure by the Association.

The topper for outrage in HB 791 is the fact that even if an Association fails to provide timely notice of an amendment to the CC&Rs, that will not affect its validity. In plain language that means that you can be penalized for violating a new covenant or amendment, even if you have no idea that it exists.

Attached are relevant links for any wonks out there that want to read the details.

(link to attorney summary of FL legislation affecting HOAs, Condos)

(link to SB 791)

(link to CCFJ SB 1308, now dead)