Category Archives: Home Assoc

HOAs Have Incredible Foreclosure Powers

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The power of an HOA to foreclose is greater than that of any bank or lending institution. Homeowners move into HOA neighborhoods never realizing how unforgiving Homeowners Associations can be.
Luisa Casas, an immigrant from Colombia, moved to Atlanta, Geogia and became a U.S. citizen. But she is now learning what tens of thousands of other Americans have discovered: an HOA has the power to arbitrarily take your house and sell it at auction, even if you’re just a few cents or a few dollars behind on your dues.

Luisa admits she’s late on her HOA dues. She went through a recent bankruptcy in the current economic collapse and is trying to recover. She admits she’s $2000 behind on her dues and wants to pay it. But it’s not the late dues that are jeopardizing her position as a homeowner. It’s the fact that HOA attorneys are tacking massive legal fees onto her overdue bill. Her $2000 past-due bill has ballooned to $13,000. The HOA has refused her attempts to pay the $2000 bill. It wants the entire $13,000 or it’ll take her house. And legal fees are increasing daily. The HOA lawyers are even tacking on expenses to pay for monitoring her bankruptcy case.

Her HOA is the Cosmopolitan On Lindbergh Condominiums. HOA officials have deactivated her entry card. They’ve also towed her car away on multiple occasions. Luisa says, “It just doesn’t seem fair to me.” Luisa, welcome to America, the land of the free.

HOA officials have refused to comment.

http://www.cbsatlanta.com/story/17520457/attorney-home-owners-associations-abuse-power?clienttype=printable

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

Florida Lawyers Urge Governor to Protect Their Income

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You’ve just got to be suspicious when a bunch of lawyers start urging lawmakers to protect their ability to sue builders.

There’s no question that builders need to take responsibility for defective construction. But remember that lawyers automatically take at least third of any money they get from successfully suing contractors. Heck, Las Vegas lawyers were reaping almost 100% of all money collected from builders. That’s why the FBI raided 100 Homeowner Associations and has filed corruption and organized crime charges against 24 people, including a number of lawyers. The Las Vegas scandal is so huge that many more lawyers, judges, and public officials will be charged in future months.

But, in any event, after a lawsuit there’s not much money left to actually cover the cost of repairs.

But lawyers in Florida are lobbying Governor Rick Scott to veto HB 103, a bill that would revise the relationship between builders and homeowners. Instead of allowing lawyers unfettered access to legal fees, a better idea is to work out a state mandate to hold builders financially responsible for repairs, without running it through the financial scam known as “legal fees.” Homeowners who suffer through defective construction need to be awarded 100% of their losses, not what’s left over after the legal fees are paid.

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

HOA Embezzler Gets a Year in Prison

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I honestly love it when I can mention the name of somebody actually sent to prison for embezzling from a Homeowners Association. While I strongly suspect that embezzling is endemic, hitting almost every HOA everywhere, most embezzlements are never discovered. The structure of Homeowner Associations (UCIOA contracts) almost urges embezzling by HOA officers. And they do. People who seek office in unpaid positions, are mostly there for a reason. They’re either ego-driven, or short-term do-gooders and reformers, or they’re looking for a chance at personal gain. Personal gain means, in most cases, embezzling. I may be criticized for my cynicism, but you don’t become a cynic without good reason.

Most cases of embezzling HOA officers don’t get any news media coverage so there’s no way to track all the convictions. But here’s one that did: Kristy Jenkins (KRISTY JENKINS!) is going to prison in Idaho after pleading guilty to felony theft. It’s a plea agreement, so she’s getting a bargain sentence. Just one year. That probably means an actual confinement of eight months.
The prosecutor says Kristy stole at least $20,000 from her neighbors, which is a very low estimate. But Kristy Jenkins is a piece of slime, just like every other thief in Homeowners Assocations across America. And she has tons of company. If every HOA embezzler was sent to prison, there wouldn’t be room for anyone else!

Not many news media people report HOA embezzling stories, but compliments are due to The Republic in Boise, Idaho. Here’s a link to their story.

http://www.therepublic.com/view/story/db913dce806e4fdc9354f83bfb57b157/ID–Homeowners-Association-Embezzlement/

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

Here Come the HOA Lawsuits

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As predicted in this blog, the Homeowner’s Association Movement is going to die a long painful death, taking down with it the fortunes, the home equities, the retirement savings of a whole lot of innocent people. On second thought, perhaps the word “innocent” is being too innocently thrown around, here, because most people living in HOAs know that they’ve allowed board officers to become little nazis as they patrol the neighborhood for violations. If you know about a problem, and you allow it to grow, lawyers are going to be digging deep… into your deep pockets.

There was never any question that Trayvon Martin’s family was going to sue George Zimmerman AND his HOA for permitting Zimmerman to patrol his neighborhood with a gun.

Now, there’s word of another gun incident: a 65 year HOA president in the upscale John’s Cove community in Orange County. “Upscale,” by the way means “soon to be downscale” as soon as the lawsuits are filed.

This HOA president is Michael Hudzik, who yells and curses at people as they drive to fast out of the gated community. Yelling and cursing wasn’t enough for one dad and his son who were planning on going jet skiing. This time Hudzik pulled a gun and ordered the dad and his son out of their car.

Neighbors won’t talk to the media. They fear retaliation from Hudzik. Well, neighbors, you elected this guy. Now, you may as well get out your checkbooks because your negligence is going to cost you a bundle.

While we’re on the subject of negligence, how about The Ole at Lely Resort in East Naples, Florida? Their bylaws they say that children under 18 are not allowed to play outside!  Really!  Isn’t there a federal law against that? And wouldn’t you think lawyers are now patrolling the streets looking for potential clients?

Finally, there’s the taxpaying veteran in the Sweetwater HOA in Jacksonville, Florida. His HOA has been fining him daily for displaying an American flag outside his door…exactly the kind of behavior that someone named “Bush” signed into law not too long ago. There’s a legal settlement in the wind. But somebody’s going to have his pound of flesh from that HOA.

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

The Lawsuits Against Homeowners Associations Begin

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The daughter of a California woman who was stabbed to death has filed a wrongful death lawsuit against the Glenoaks Townhomes Association. Her mother was a member of the HOA. Her husband is the alleged suspect.

The lawsuit claims the HOA and its security company knew that she had a restraining order against her husband when she moved into the gated community, and her neighbors had an obligation to protect her.

California juries are known for awarding outrageous amounts in outrageous lawsuits. This one will bear watching. Lawsuits are going to spell the death of the HOA as we know it.

http://encino.patch.com/articles/man-shot-in-gang-related-attack-homicide-victim-s-family-sues-homeowner-s-association

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