Category Archives: lawyers

Franklin TN HOA: $156K Fine over treatment of Disabled Children

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guest blog by Deborah Goonan

When Charles and Melanie Hollis purchased a home for their family in 2011, they probably didn’t expect to run into difficulty getting approval from their homeowners’ association for a sunroom addition. The sunroom was needed for two of their children, who happen to have physical and mental disabilities. It was intended to provide space for exercise equipment and physical therapy for the children.

After four attempts at getting a modification plan approved by the Architectural Review Committee, their reasonable request was essentially denied. Reading the September 2014 District Court decision, linked below, in December 2011, Chestnut Bend HOA attorney wrote a letter to Mr. and Mrs. Hollis, making approval of the sunroom conditional upon the agreement to install a more expensive shingle roof rather than a metal roof. The main reason for that condition was apparently to enhance the addition’s appearance.

The Hollis’ attorney replied that the owners would like to proceed with the metal roof, because of its lower cost, the fact that other homeowners also have additions with metal roofs, and the Property Manager had already acknowledged in writing that a metal roof would be acceptable. Attorney Tracey McCartney, Tennessee Fair Housing Council, provided a deadline date for response from the HOA Attorney, who never did issue a definitive approval.

So the Hollis family sold their home in Chestnut Bend, at a loss, and moved to another nearby home in a different community.

Four years later, the HOA has agreed to compensate the Hollis family $156,000 to cover damages.

Incredibly, the HOA Board still won’t admit any wrongdoing. After all, the rules are the rules, and they must be followed, according to the Board President. According to the Tennessean, Mr. Vaughn blames the Hollis’s for “hurting” their Association by creating the impression that the HOA is not a welcoming place. Call it Reputation Management.

And Westwood Property Management company was able to wiggle out of the lawsuit by agreeing to train its employees about Fair Housing laws, and to create a written policy for the company to use in the future.

But isn’t it rather disturbing that a professional management company would not already provide sufficient training to its staff? After all, it’s not as though requests for accommodation or modification by disabled residents are a rare occurrence.

And why does it take four years and several appeals to get to a resolution? I wonder how many HOA residents simply move out and give up on pursuing the matter, just to avoid the stress?

Maybe that’s part of an unscrupulous HOA Board’s playbook — perhaps even encouraged by the Association Attorney and/or Manager. Say it isn’t so!

(link to news release regarding legal settlement)

(link to Sept 2014 District Court decision)

From Robert Racansky

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from Ward Lucas:

This poor guy has been battling what appears to be a brain-dead HOA bent on no other goal than destroying a homeowner who stood up to them and won. Here’s his latest letter to me:

from Robert Racansky:

What is revealing is the account ledger and how much
they spent on Hindman Sanchez (law firm). Buckingham (atty) told me in person that he was being paid by the insurance company.

Per the account ledger I received yesterday, the total amount of
attorney fees paid to Hindman Sanchez P.C. was $19,184.35.

Obviously I’m biased here, but crap like this a perfect example of the
underlying fundamental problems with H.O.A. corporations — the lies,
the unaccountability, the imbalance of power, the perverse incentives
and moral hazards, etc. The problem is that it’s not as “sexy” as a
story about American flags being banned or an H.O.A. board being dicks
to a dying 6 year old girl, so it’s hard to make our policy makers and
pundits understand what needs to be done. Instead, we get a law
saying “H.O.A.s must have a written collection policy”. However, for
those of us who go through this — as I have been for six years — it
is an INCREDIBLY frustrating experience for so many reasons. 6 years
is more than 10% of my life, and more than 20% of my adult life.

Something else occurred to me last night:

People can — and do — lose their homes over trivial amounts,
sometimes a few pennies, sometimes a few dollars, etc. Sometimes
those amounts are nothing more than arbitrary and artificial
accounting artifacts. But our legislators and courts treat those
amounts as “damage” done to the H.O.A. corporation, which must be
permitted to exercise incredibly draconian powers because….well, I’m
not sure why.

But if an H.O.A. corporation f*s up in the amount of, say, nearly
$7,000, nobody will ever be held accountable. The home owner is
expected to just grin and bear it, because our legislators and courts
don’t treat that as a “damage” that the home owner is entitled to
collect.

“Equality before the law” is a sick lie we’re told as children to make
us accept any injustice in our lives.**

The Loss of Childhood Innocence

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Today, while driving to the Post Office in my old Denver neighborhood, I passed a little girl’s lemonade stand. She couldn’t have been more than eight years old but she was shouting at motorists like a professional carnival barker. Had I not been in traffic I would have pulled over and bought a cup. In fact, I may even go back tomorrow to see if she’s still there.

It brought back childhood memories of life at Ft. Sam Houston, Texas, where our home was located immediately across the street from a ball field where Army soldiers played softball every weekend. Mom taught us how to make and sell something she called ‘duros.’ It might have been a totally made-up name. I never knew. But a duro was Kool-Aid in a Dixie cup, a Popsicle stick in the center, frozen hard in our big basement freezer. In the hot Texas sun the softball teams lined up to buy duros from my little brother and me.

The coincidence of seeing today’s news story linked below was remarkable. An Overton, Texas cop has put a little girl’s lemonade stand out of business because she didn’t have a permit.

I’m glad I grew up in a more innocent age when political correctness wasn’t used to beat up little kids.

(link to East Texas Popsicle scandal)

What a Great Place for a Banker!

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I told you last year this was coming. John Carona, the Texas State Senator who lost his seat in the last election would be buying some banks. During his years in the Legislature he was criticized for writing, lobbying for and passing laws designed to benefit the HOA business.

Carona tightly controls more than 8000 Homeowners Associations through his company, Associa, making him the largest HOA management firm in the country. Residents of many Associa HOAs have complained bitterly about how difficult life is in these beige compounds. Last year a newspaper talked about how Carona was buying up unrelated businesses surrounding his compounds making it difficult for homeowners to shop at non-Carona controlled firms.

The natural second-line business model would have him in significant industry like banking, where he could make loans available to all the homeowners he controls.

(link to Dallas News story on Carona’s plunge into the wonderful world of banking)

He also waded into the self-publishing business last year with a book about how great HOA life is. What’s most interesting is the negative reviews on his Amazon page.

A Dark Cloud Over St. Cloud, Florida

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guest blog by Nila Ridings

First a little back story about the connections we are making in our fight for justice in HOAs. This time our focus is on a boy in the ESPRIT HOA near Orlando, Florida.

A few weeks ago I was reading a story that was posted on Facebook about an HOA issue. Many comments were made but one stood out for me. It was a man stating his son had special needs and the HOA was refusing to allow a fence around their back yard. I responded to his comment by mentioning he should talk to Dave Russell. Shortly thereafter, Dave Russell came across my comment and took the time to send his personal phone number to the gentleman.

Once Dave talked with Shawn Seekings and learned his son has Asperger’s Syndrome, ADHA, and Epilepsy and his wife, Kristin is pregnant, he took action. As we all know, Dave Russell is a property manager in Arizona and understands the laws pertaining to fair housing and he has connections to the media. Shawn knows the fair housing laws as well. He had already contacted the government agency that he hoped would give him some assistance. But time is of the essence because Kristin is not able to chase the child since he moves much faster than her these days.

The HOA will only allow an open-spaced wrought iron fence. Shawn knows his son will scale that fence and be at risk with the alligators in the water directly behind their house. He has a letter from his son’s doctor outlining his conditions and the need for a vinyl fence. The vinyl would be a surface his son could not climb up and over. On the other side of the HOA the homeowners have vinyl fences, but next to the alligator pit they only allow wrought iron.

I know. I know. It makes no sense to me either! After seeing a video of an alligator that took one bite and removed the plastic bumper from a truck I would want an eighteen inch thick concrete wall around my yard!

In an HOA the rules are the rules and the dictators on the board always follow them except when it applies to them or one of their cronies. They fail to recognize HOAs cannot legally override or violate a federal law. According to attorney S. David Cooper this HOA is violating the Fair Housing Act. The attorney for the HOA will not return phone calls. And, now another child that just needs to go outside and play remains in the middle of an HOA battle!

A special thank you to Louis Bolden of WKMG6 for reporting this story. Long ago we learned the only way to solve HOA issues without nasty expensive litigation is to turn the cameras on and have the reporters take control. I laughed when the property manager decided she should give the reporter some advice to which he responded he didn’t need any advice!

HOAs…they are a guaranteed headache!

(link to Orlando Sentinel article on autistic child’s treatment by HOA)