Category Archives: Fraud
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.
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.
Spiders Run The Trost Family Off
guest blog by Nila Ridings
This time it’s not the HOA that ran a family out of the neighborhood. It’s 6000 brown recluse spiders.
Brian and Susan Trost purchased their $450,000 dream home in a Saint Louis, Missouri suburb and soon found it had little creepy crawling dangerous poisonous spiders running everywhere. They sued the previous owners, David and Tina Gault and got a settlement of $472,000 but haven’t collected a dime.
They contacted Jamel Sandidge, an expert from the University of Kansas. He determined the spiders did not arrive after the Trost’s purchased the property. They have State Farm Insurance, but no settlement has been given. Based on my experience with State Farm Insurance all I can say is, Good Luck!
Overall, if they end up not buying another HOA house, I think they will live happily ever after. Next time it could be the HOA that bites them. That could be worse than any spider out there.
(link to aol.com article spider invasion)
WHO IS BARBARA HOLLAND?
A Response To Her Recent Attack On Jonathan Friedrich
guest blog by Jonathan Friedrich
Ms Holland presumes she is the ”Queen Bee” of all community managers in the Las Vegas area.
First a few facts about Ms. Holland:
The column that she posts each week in the Review Journal SHE PAYS FOR. She is not a columnist working for the newspaper. If you observe near the very top of the page under the “Real Estate” banner the words “promotional section” are printed. This is another way of saying this is an advertisement!
Ms. Holland has built a successful business through the use of this advertisement tool.Ms. Holland, who is a licensed community manager number CAM.0001049-SUPR, has had numerous complaints filed against her with the Nevada Real Estate Division in the past. Ms. Holland makes a very nice living off the backs of people living in Homeowner Associations.
Ms. Holland’s unprovoked rabid attack on me in her paid column on September 27, 2014 for expressing my “global” view on the Nevada State Supreme Court’s decision only shows her myopic view of HOA life and her own financial well being.
What Ms. Holland fails to realize is the big picture that banks will be very cautious about lending in Nevada. This can translate into higher interest rates or refusal to lend at all!
As a Commissioner on the Common Interest-Community Commission I had a sworn duty to protect ALL of the people of this State and not just the special interest groups. This is what I did and continue to do.
Ms Holland, on the other hand, only has to look after her own special business interests. She is part of an ever growing and controlling industry that is threatening the very fabric of American life and liberty of its citizens.
To quote Ms. Holland “its about time we caught a break.” But it’s the homeowners who really need a break!
Homeowner associations have almost unlimited powers. When you purchase a home or Condo in an association you consent to be “ruled” by a group of individuals known as a “board.” This board decides what your monthly assessment is, how much will be spent on your behalf and on what, what color you can paint the exterior of your home, when you can open your garage door and for how long it can stay open, what plants and flowers you can plant. In short an HOA can and does control your life.
HOAs were created back in the 1960s to keep Blacks, Jews and Asians out of “private” communities. Is this the American way of life? I do not think so.
Oh, Ms. Holland I almost forgot to mention all of the corruption, embezzlements of funds by board members and or the managers and kickbacks to managers all costing owners millions of dollars a year. Let us not forget the abuse and attacks against owners who speak up and speak out against board members.
As a Commissioner I witnessed many of these acts first hand.
So Ms. Holland we the homeowners do need a “break”.
Ms. Holland, with her tunnel vision view of the world, owes me an apology. But I don’t expect one from her.
Wilbur Wins!
guest blog by Nila Ridings
I am so happy to share this wonderful news from Rori Halpern. She is the mother who fought long and hard to keep the family’s pot-bellied pig for her sons.
“Long day for all involved. We are beyond elated to say Wilbur Bacone will remain forever in our home, continuing to bring joy and happiness to all. Due to confidentiality agreements between both parties we cannot share details. The only thing that matters is that we can keep our boy without anymore worries. Thank you from the bottom of our hearts to all who came forward in support of us. We love you all.”
It is no surprise that the notorious HOA “gag” order has been placed on the Halpern’s. Typical HOA style when they lose a legal battle. We know in this case they did lose because Wilbur is staying put. I sure hope the judge awarded the Halpern’s reimbursement for their legal bills and punitive damages for their pain and suffering.
Who wants to take a guess at how long it will be before the next HOA sues a homeowner over a pot-bellied pig? My guess: at least one more before the end of the year!
