Category Archives: Horror Stories

Orange County officials dealing with Blossom Park, Tymber Skan Residents living in unsafe condos

guest blog by Deborah Goonan

I have blogged about the Blossom Park condo conversion recently. In recent weeks, Orange County Fire Department has stationed one of its trucks at the scene, and a structural engineer has examined the buildings, including the staircases and upper decks, deeming most of them unsafe. An official report is due this week, and in the WFTV report linked below; Orange County officials expect to order an official evacuation within days.

The County is now providing financial assistance to move the residents – mostly low-income tenants – to safe housing.

Court-appointed receiver, Frank Barber of Deer Run Realty & Management Company, insists that the problems are not that dire, and has reportedly urged residents to stay. He is relying on fees collected to pay for needed repairs, and — let’s not miss the obvious — to pay for services provided by his company.

Left unsaid in the many news reports: the taxpayers of Orange County are footing the bill to assist Blossom Park residents. And the bill must be substantial, as it includes increased police protection due to high crime and three recent murders in Blossom Park, stationing the Fire Department adjacent to the condo complex, assigning a structural engineer to inspect the condo buildings, and evacuating and then providing 30-days of free housing to hundreds of low-income residents.

Nearby Tymber Skan is another troubled condo complex, complete with squatters, criminals, dilapidated structures, and rats climbing the walls. Taxpayers have paid hundreds of thousands to cover unpaid water bills, police protection, demolition of buildings, and relocation of residents. This has been going on for several years, and its still not over.

So are HOAs really “no-impact” or “low-impact” tax revenue cash cows for local governments? Perhaps in the short term, but what about over the long term?

And are County officials now “heroes” stepping in to save the day? Hardly. Where have they been all these years, when these distressed condos have been left mainly to their own defenses, living conditions growing progressively worse? No one has been held accountable for allowing residents to live in squalor, for failure to manage the financial affairs of these failed Associations, for creating the conditions that allow violent crime and blight to flourish unchecked.

Better yet, how were these condo projects approved in the first place, with such shoddy construction, and why weren’t regular inspections done to ensure deficiencies were identified and repaired early on? It should have been clear to planning and development commissions that many of these developments and redevelopments were doomed to failure and premature obsolescence.

And what about the social impact to residents and surrounding neighborhoods, where people fear for their health and safety? Can we really put a price on the total costs? Decades of neglect by local governments – preferring to allow thousands of HOAs to attempt to govern themselves and manage their own affairs, while collecting property tax revenues from owners – has led to this chaos.

From deteriorating infrastructure to Bully Boards to neighborhoods divided over how their money is being spent, more and more of these stories are being reported and brought to the attention of the public. And what we see reported on the news is only a small percentage of the problems, because, in many HOAs, owners resist going public for fear of scaring away future buyers (or tenants) and reducing property values. In fact, the outspoken owner is often intimidated, harassed, or ostracized for daring to air the dirty laundry, so to speak. It’s a sick, twisted mindset that threatens the very foundation of the American Dream for millions of Americans.

(link to WFTV story on Blossom Park)

(link to Tymber Skan story)

Update: Osceola delegation denies HOA residents’ third request to make Poinciana a city

guest blog by Deborah Goonan

A few months ago I blogged about a very large Florida HOA with over 45,000 residents, and the fact that a homeowner’s group (PINCHOS) has been trying for three years to incorporate as a city. In all, Poinciana has nearly 60,000 residents. Under the latest proposal, roughly 47,000 live within boundaries that were to create a new municipality.

News reports indicate that Osceola County Legislative Delegation vote was split 2-2, along party lines on the matter, with two representatives not present at the time the vote was taken. A Department of Revenue report, based on a feasibility study, has concluded that Poinciana meets the financial requirements of a city, and stands to take in millions in revenue if it incorporates as a municipality.

At the hearing conducted last month, the delegation reportedly heard from residents both in favor of the proposal and opposed. Those opposed fear that becoming a city would lead to a tax increase, despite a feasibility study’s conclusion to the contrary.  Debate on the finer points has been put on hold for yet another year.

One of the reasons PINCHOS is in favor of municipal incorporation: typical of large HOAs, Poinciana is divided into 9 Villages, and the President of each Village Board serves on the Master HOA. Property owners elect the Master Board, but many of those owners are not actually residents of Poinciana. Meanwhile tenants have no voting rights to elect their leaders. That’s equivalent to taxation without representation! Predictably, the HOA Developer and the Board spoke against Poinciana becoming a city at the Delegation meeting.

According to another recent television news report, Poinciana has been struggling with crime and vandalism. Because they don’t have City status, they cannot have their own police department. Therefore the HOA has decided to spend $100,000 on increasing security staff and adding security cameras.

Keith Laytham, spokesperson for the owners’ group in favor of municipal incorporation says his group will continue to work with State Rep. John Cortes to put Poinciana on the map as a city in its own right.

(Bay News 9 article on controversy) 

(Orlando Sentinel article on Poinciana)

(Letter to Ledger.com from a Keith Laytham)

(WFTV video, Poinciana HOA to spend $100,000 on increased security)

(Previous blog about Poinciana, and why many residents want to create their own city)

Comcast Starts Billing Spokane, Washington Customer as “Asshole Brown”

Homeowners are beleaguered enough with abusive HOA boards and managers.  Many of these HOAs require homeowners to only use the approved cable company to get cable TV and Internet services.

But telephone and TV providers have unparalleled records, themselves, when dealing with people trying to get changes in their service. I experienced the near impossibility of getting a change in my Century Link and Verizon phone service in Colorado last fall so I knows it goes on.

The story from Spokane, Washington linked below is beyond belief. When Ricardo Brown and his wife insisted in cancelling his cable, Comcast began sending bills to his home addressed to “Asshole Brown.”

Incredible!

http://www.huffingtonpost.com/2015/01/29/comcast-asshole-brown_n_6568238.html

 

Worst Neighbor Nomination: How about the one who shoots, kills your family dog?

guest blog by Deborah Goonan

On New Year’s Eve in Wedgefield, a deed-restricted, golf and equestrian community in Central Florida, someone shot and killed the Evans family’s yellow lab.

The family’s beloved pet escaped from its yard, as pets sometimes do, and apparently wandered onto a neighbor’s property. The neighbor allegedly confronted the owner of the dog, Brock Evans, and threatened to shoot his pet. When Evans quickly went to retrieve his dog, and talked to his neighbor for about ten minutes, he heard several gunshots. Shortly thereafter his dog was found with gunshot wounds, and later died as a result of those injuries. The neighbor denies shooting the dog, but does not deny that his son might have pulled the trigger. Orange County is investigating the matter as a case of cruelty to animals.

Under Florida Statute, the perpetrator, if properly identified and if guilt can be proven, may be charged with a misdemeanor or fined up to $5000 or both. However, if your dog is deemed as “dangerous” or if your neighbor claims that your dog attacked a person, pet or livestock on his property, this often suffices as a defense for shooting your dog.

Before the unfortunate incident, Evans had never spoken to his neighbor, who lives just two doors down the road. Wedgefield is a deed-restricted community with voluntary HOA membership.

Orlando Sentinel link to story of family pet shot by neighbor

http://www.orlandosentinel.com/news/breaking-news/os-yellow-lab-dog-shot-20150107-story.html

Opposing Views report on Orange County neighbor dispute over shooting of pet dog

http://www.opposingviews.com/i/society/animal-rights/orange-county-florida-family-accuses-neighbor-shooting-their-dog

Wedgefield HOA

http://www.wedgefieldhomeowners.com/faqs.html

Legal references:

FL Statute 828.12

https://asci.uvm.edu/equine/law/cruelty/fl_cruel.htm

FL Statute 775.082

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0775/Sections/0775.082.html

FL Statute 767

http://www.flsenate.gov/Laws/Statutes/2011/Chapter767

When Killing a Dog is Legally Justified

http://www.nolo.com/legal-encyclopedia/free-books/dog-book/chapter9-2.html

Shake-Up in Holly Lake HOA in Florida‏

guest blog by Deborah Goonan

Bob Norman of Channel 10 has taken on yet another rogue HOA in Florida.

One of the oddities of some HOAs in Florida is that the Board of Directors retains the authority to screen and reject buyers and tenants. But what are the criteria used to arrive at those decisions?

The “HOA screening” issue has been a contentious one in Florida, as many would-be buyers or tenants have sued or filed formal complaints of discrimination.

For example, last year, one Venice HOA enacted restrictions for unmarried couples seeking to buy or lease a home! The Board claimed the July 2013 amendment was an erroneous oversight, but has never offered a reasonable explanation of how or why the single-people-or-married-couples-only restriction was approved. The media picked up on the outrageous restriction, and that prompted the HOA to amend its declarations to eliminate the discriminatory restriction.

Holly Lake HOA, located near the Everglades in South Florida, is the latest site of buyer-tenant review controversy. But this one involves a Board member apparently profiting from his position. It seems that Board Treasurer Paul Morales has been approving plenty of applications to purchase (or lease) units, but nearly all of those buyers have been family members and business affiliates. Meanwhile, it has been alleged that other buyers or tenants lacking direct ties to Morales have been rejected without satisfactory explanation.

Bob Norman’s review of public records seems to support those claims. Check out the video report. HOA members are calling for a criminal investigation, and have put pressure on Morales and colleague Ed Patton (President of the Board), prompting both men to choose not to run for reelection for the Board. Coincidence?

Another bit of irony: Florida Statute stipulates that convicted felons cannot serve on the Board; however, it does not require background checks for Board candidates. Yet Florida Statute fully allows Board to screen and background check their tenants and buyers! Talk about a double standard. Guess what? It just so happens that Morales faced federal charges in 2000, involving a past real estate deal – charges that were mysteriously dropped.

As usual, requests for access to financial records have been ignored, and one owner has been harassed for daring to ask questions. Also predictable, although the conflict of interest seems obvious to anyone with two active brain cells, there has not been any determination of illegality.

Link to Channel 10, Bob Norman, Holly Lake HOA story

link to Herald Tribune, Casa di Amici COA story on amendments to restrictions