Category Archives: Home Assoc

Another Goofy HOA Court Decision

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The Illinois Supreme Court has handed down some pretty goofy decisions on behalf of Homeowners Associations. I loved the one last year, the ruling that gave untrained, private HOA security guards police powers, the ability to pull over motorists and hand out tickets.

This latest one is a humdinger. It makes any new buyer of a condo responsible for all unpaid assessments, fines and legal costs run up by the previous owner IF it fails to pay the first monthly assessment on time. Once again, ask yourself what financial organization in its right corporate mind would invest in an HOA? And if you can’t find lenders, what does that do to property values?

(link to story on Illinois court decision)

 

Clothesline Craziness in Florida

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Florida is choked with Homeowners Associations and their regulations can sometimes be draconian, such as no drying of clothing on the backyard clothes line. Here we are facing a worldwide energy crisis, we’re supposedly facing global warming. Yet HOAs threaten to fine, lien and foreclose on homes where somebody tries to save energy by hanging some towels out on the line.

Florida actually passed a law prohibiting HOAs from enforcing such prohibitions. HOAs and property managers should know the law. But they’re more comfortable bullying than in recognizing homeowners’ rights. The story linked below is about a Fort Myers homeowner who did know the law. But she’s now being targeted by the Cross Creek Estates Homeowners Association.

She’s going to lose, of course, because HOAs know that by the time a controversy has been settled the homeowners who try to stand up for their rights have to spend a fortune on legal bills. That’s why I frequently refer to the ‘national HOA scam.’ It’s all about funneling money into the pockets of lawyers, all the while claiming to protect property values.

At least this lady is getting a little emotional support from the news media. If you have friends in Florida just let them know about that state’s Right-To-Dry law. And drop this lady a note thanking her for her courage.

(link to laundry controversy in Fort Myers)

A Reward For Turning In A Rotten Neighbor

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Just amazing! Just in time for Christmas, counties in Florida are offering rewards for turning in criminals. Just look around your HOA and you can find plenty of board members and property managers who are stealing, bribing, defrauding and embezzling from homeowners. There’s your Christmas money.

Just take this advice from a long-time investigative reporter. Whenever the cops ask you to anonymously call an 800 number, the dirty secret is that you’re not anonymous. The Crimestoppers 800 number is a complete and total scam. Call from a phone booth.

(turn in Florida criminals for a reward)

A Victory For Colorado Homeowners!

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It seems like each state has a hero in the anti-HOA movement. Colorado has Stan Hrincevich. He has worked long and hard to get some kind of state control over the HOA scam. Here’s his latest update on HOA legislation in our state:

The HOA Property Manager (aka Community Association Manager (CAM)) licensing law was fully implemented July 15, 2015. This law provides homeowners a chance to help clean-up abusive industry practices and provide a forum for home owners to rein in violations of State law and HOA governing documents. HB 13-1277 is the licensing law.

The complaint process involves an on-line/web application and is fully explained in our Complaint Guide and should not take more than 15-20 minutes. Since the State HOA Office has no investigative or enforcement authority we suggest you direct all your HOA problems that you want investigated to the Department of Regulatory Agencies (DORA) under the licensing law. The State HOA Office can also be apprised.

Several CAM violations stand out and we ask you and your fellow homeowners to pursue via a complaint:

1) CAM is not licensed (simple lookup on your part)

2) violations in conducting elections, meetings, extremely poor property maintenance, records release (items a,b,and/or c below) and

3) charging HOA Transfer Fees (items “a” and “c” below). All are applicable to CAM complaints. Each one requires a separate complaint.

The explanation of your CAM complaint involves:

1) a description of your problem including how you understand it violates your rights. Include one or more of the below statements extracted from the licensing law to support your complaint.

2) Evidence such as you paid a Transfer Fee documented on your home closing papers, your request for documents has been refused, etc.

Supporting all complaints should be your documentation including an email informing BOTH the HOA Board and CAM of your problem, allow 7-10 days for resolution and if not resolved file a complaint. If you need guidance let us know. Complaints are confidential with DORA.

Let’s all participate to surface problems and hold violators accountable.

Extracts from CAM Licensing Law:

a. KNOWINGLY VIOLATING OR KNOWINGLY DIRECTING OTHERS TO VIOLATE CCIOA (or your HOA governing documents)

b. HAVING DEMONSTRATED UNWORTHINESS OR INCOMPETENCY TO ACT AS A COMMUNITY ASSOCIATION MANAGER BY CONDUCTING BUSINESS IN SUCH A MANNER AS TO ENDANGER THE INTEREST OF THE PUBLIC

c. ANY OTHER CONDUCT, WHETHER OF THE SAME OR A DIFFERENT CHARACTER THAN SPECIFIED IN THIS SUBSECTION (1), THAT CONSTITUTES DISHONEST DEALING.

Stan Hrincevich
Colorado HOA Forum LLC
www.coloradohoaforum.com
email: coloradohoaforum@gmail.com or coloradohoaforum@coloradohoaforum.com

 

 

Just Follow The Money!

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Whew! There’s a nasty dispute going on in the Cobblestone Community Homeowners Association in Atlanta. It’s a very tidy neighborhood of upscale Atlantans. But the HOA president and treasurer won’t release financial documents to show how dues are being spent. The neighbors want to throw out the board members and get an audit done. The HOA president won’t schedule an election.

The cops have been called. Neighbors have to meet in a nearby library. Watch the video. You have to admire the comments by the news anchor at the end of the story!

 

(link to fox5 Atlanta story on HOA dispute)

http://www.fox5atlanta.com/news/i-team/53871300-story