Category Archives: military

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)

 

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I blogged about the Cobblestone Community Homeowners Association a few days ago, but the update linked below is worth reading. While I can refute this reporter’s claim that “Most homeowners’ associations work and work well….” Hmmm, this leads me to believe this reporter is a novice. In truth, every Homeowners Association is one vote away from disaster. They don’t protect property values, they don’t ensure personal security, they don’t protect you from embezzlers on the board or in the management company.

The lawyer quoted in the story says he’s frustrated. Of course he is. He knows how dangerous HOAs can be!

(link to Fox5-Atlanta story on Cobblestone HOA)

 

 

HOA Racism

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Deborah Goonan, one of the nation’s most articulate homeowners rights advocates, has posted on her website an important story about racial discrimination by a Homeowners Association. It’s blatant. It’s actionable. And it’s a story that should be read by everyone who respects all races, ethnicities and religions.

by Deborah Goonan (IndependentAmericanCommunities.com)

According to DNAInfo (article linked below), after ending a relationship with her fiance (a white man and a Wall Street executive), Hanying Liu says the cooperative board refused to transfer her fiance’s shares to Liu.

Liu is the only non-white resident of Spice Lofthouse, and alleges cooperative members have made disparaging and discriminatory statements related to her race. She says that the board has not provided a valid reason for denying her full ownership. Liu also alleges that Chinese friends and family have been interrogated by cooperative members, and her daughter, who resides with her, has been mistreated.

NY State Division of Human Rights has investigated Liu’s complaints, and recently filed a discrimination lawsuit against the 15-unit, multi-million dollar cooperative association.

TriBeCa Co-Op Board Discriminates Against Chinese Resident, State Says

(link to article on discrimination lawsuit)

Quote from Ms. Liu, in reference to her cooperative association:

“They are trying to push me and my daughter from our home,” she said.

“They only want you here if you are white — they only tolerated me before because my fiance was white and he worked on Wall Street.

“They are worse than the communists in China — they police me and my friends.”

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