Category Archives: Fraud

Liar Liar, Pants on Fire!

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On very rare occasions a damaged homeowner actually beats his HOA in court. It’s incredibly rare, but it does happen. And this one happened in Tennessee.

In its infinite wisdom, the Rivertown On The Island Homeowner Association decided to confiscate and auction off some poor shmuck’s house for non-payment of dues. But in its glowing arrogance, the HOA figured it needn’t inform the homeowner how much he had to pay to stop the foreclosure.

It was a $300,000 house. The HOA grabbed it, kicked out the owner, and hocked the house for $12,000. But nobody seemed to know how much the owner was behind on his dues. In fact, the owner had been paying his dues all along. Despite the HOA’s ledger which proved the dues really were being paid, the HOA decided to tell the judge a wee little fib. It claimed the aforementioned shmuck had paid nothing.

Ah, the fibbers got caught and the trial court ordered the house returned.

But the geniuses who run the Rivertown On The Island HOA decided they really hadn’t been arrogant enough. They appealed the case to the Tennessee Court of Appeals, arguing that the judge in the first case was biased against the HOA. Ya think? Get caught lying to a judge, and then try to blame the judge for getting steamed?

Anyway, the Court of Appeals decided that lying HOAs need to get caught once in a while. It upheld the first judge and jammed trial fees down the open throats of the HOA officials. Sadly, though, all those Rivertown homeowners are going to have to cough up a special assessment to pay for this stupid court case.

That means the family who won this court case will end up being about as popular as ticks on a picnic blanket. Best advice: move out! And vow never again to live in an HOA!

http://www.leagle.com/xmlResult.aspx?page=1&xmldoc=In TNCO 20111206623.xml&docbase=CSLWAR3-2007-CURR&SizeDisp=7

Ward Lucas
Author of
Neighbors At War: The Creepy Case Against Your Homeowners Association

BAM! The First Las Vegas HOA Corruption Indictment

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It could be the first of many; but the first actual indictment for corruption in the Las Vegas Homeowners Association investigation was handed down Friday, December 9th.

Dax Lee Louderman, a former employee of a construction company, was charged with stealing more than a half million dollars in a construction defect case. Louderman was charged with 13 counts of theft from the Stone Canyon HOA.

Louderman was charged in state court rather than in federal. But it appears to be a spinoff from the massive federal investigation of fraud and corruption in more than a dozen Las Vegas Homeowners Associations. In recent weeks, ten targets of the federal investigation have pleaded guilty to theft and corruption, and the stacking of HOA boards with officers who would direct construction and legal expenses to certain lawyers and construction companies. Presumably, those ten suspects will now testify against other targets in the case.

Ward Lucas
Author of
Neighbors At War: The Creepy Case Against Your Homeowners Association

Another HOA Embezzlement Case

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Ho hum, it’s just another embezzlement from a Homeowner Association. I don’t want to bore you with too many details, since these happen with unbelievable regularity.  I haven’t done an official study, but it seems that there are more HOA embezzlements than purse snatchings. Is that possible? It’s just so incredibly easy to steal from your neighbors when you’re an HOA board officer or manager. The difficult thing to understand is how you can look your neighbors in the eye. If anyone can enlighten me as to how that miracle can be accomplished, please do. That kind of bald-faced dishonesty just mystifies me. But there’ll be another embezzlement tomorrow. And the next day. And the next.

Source: http://www.idahostatesman.com/2011/12/06/1906375/police-say-former-treasurer-of.html

Ward Lucas
Author of
Neighbors At War: The Creepy Case Against Your Homeowners Association

Homeowners Association Nightmares Never Stop

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Estrella Bryant was trying hard to keep up with her mortgage payments on her home in San Francisco, California. Like many other struggling homeowners, she thought she could delay a dues payment to her Homeowners Association. Wrong choice. She was unprepared for the nightmare that followed.

The Parkview Heights Homeowners Association told her she owed $560 in dues. The case was turned over to a collection agency, which then tacked on its own fees and attorney’s fees.

The nightmare grew. Bryant said her big mistake was thinking that an HOA was there to help its member homeowners, the exact opposite of what the typical HOA does.

The HOA’s collection firm said it would be glad to arrange a payment plan, as long as she signed an agreement to pay the collection agency’s fee first.  (By the way, it’s absolutely illegal in California for collection agencies to make debtors sign such agreements!)

As soon as Bryant signed the agreement she saw the collection fees, the attorney’s fees, HOA dues and interest continue to rise.

Bryant was one of the fortunate few who found an attorney who would take the case pro bono to save her home.

Anyone in California who finds themselves in a similar situation should contact CalHomeLaw.org. The organization has waged a vigorous fight against illegal practices by Homeowner Associations and collection agencies. They also have excellent material on how Homeowners can use Small Claims Court against out-of-control HOAs.

Ward Lucas
Author of
Neighbors At War: The Creepy Case Against Your Homeowners Association

Disabled Child Gets the Finger from his HOA

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Handicapped youngsters are often the target of ire from Homeowners Associations. Despite laws to protect the handicapped, there’s a special kind of rancor directed at families who have special needs children.

The latest example is in Lexington, Kentucky. The Andover Forest Homeowners Association has told the parents of a child with cerebal palsy that no exception from HOA rules would be granted their son.

Three year old Cooper Veloudis is the center of the storm. His therapist told his parents, Tiffiney and George, that their special needs son might be encouraged to be more active if he had, say, a playhouse in the backyard.

A playhouse? For a handicapped kid? Outrageous violation of the rules, according to the HOA.  And it’s fining the Veloudis family fifty dollars a day for each day that Cooper’s new playhouse is left standing.

“Illegal structure!” the HOA told the family. “Get rid of it!”

George Veloudis says he has pictures of other such “illegal structures” throughout  the neighborhood. Ah, but the typical HOA isn’t required to enforce the law evenly. Besides, pressure on the family might encourage them to pack up and move out, a common plight facing families with a handicapped youngster.

HOA officials won’t talk to the media. Perhaps they’re embarrassed?

On second thought, probably not.

A tip-o’-the-hat to LEX 18 Television in Lexington for reporting on this story.

http://www.lex18.com/news/playhouse-for-boy-with-cerebral-palsy-causing-controversy-in-lexington-neighborhood#!prettyPhoto/1/

Ward Lucas
Author of
Neighbors At War: The Creepy Case Against Your Homeowners Association