-- Sunday, June 28, 2009 --
-- HEADLINES --
- ANOTHER "DID YOU KNOW???" COLUMN - ALL ABOUT THE PARKING "PROBLEMS" IN THE MAIN PARKING LOT
- A BOARD MEMBER FINALLY SPEAKS UP!!!!... WELL, SORT OF...
- HOA AND CONDO NEWS FROM AROUND LOUISIANA AND AROUND THE U.S.A.
NOTE - Please feel free to forward this eNewsletter to other owners, your mortgage company, realty company, attorney or other interested parties that may want to know what is going on around Fountain Court Condos. Also, please print out a couple of copies and distribute them to your neighbors who may not receive this eNewsletter. They can request their own by sending an email to TheFountainOfInformation@Gmail.com or they can follow us on the web at http://TheFountainOfInformation.blogspot.com. Thanks for your support!
- HEADLINE - "DID YOU KNOW" WHY PARKING IS SOMETIMES A PROBLEM IN THE MAIN PARKING LOT... BUT IT'S LIKE A GHOST TOWN IN THE REAR PARKING LOT???
As most of you have probably seen, there has been a "NOTICE" up in all of the plastic "Notice" holders all around Fountain Court, warning owners about using the PetsMart parking lot, mainly front courtyard owners since it's easier for them to park in the PetsMart lot and walk to their unit, than trying to find a spot in the main FCCA parking lot... and it's closer than parking in one of the guest spots all the way in the rear parking lot. ALCOR has also emailed and posted on the website about this so-called "problem".
NOW... Do you want to know why there is a "problem"???
"DID YOU KNOW" that in the two years that ALCOR has been the so-called manager of Fountain Court Condos, several "Guest" parking places in the main parking lot have been re-assigned to people who use to have their reserved parking spots in the rear parking lot? Yes... it's true!!! This has been secretly done without asking or telling ALL of the owners of how several spots have been re-assigned. These "Guest" spots are, or rather were COMMON
ELEMENTS, owned by ALL OF THE OWNERS, not perks to be used by the Manager and/or Board to curry favor from certain owners.
Further, there are other owners who almost NEVER park in their reserved spots and instead park in one of the guest spots in the main parking lot, leaving their reserved spot empty almost all of the time. I'm not sure if they do this as a way of having a more "convenient" parking space or if they do this so their reserved spot is always open for when one of their guests might come by to visit, so that THEIR guest would not have to look for a parking spot.
Some examples of these ILLEGAL guest spot reassignments and other parking issues... (and yes, I have hundreds of photographs and/or other evidence proving these FACTS)
1) Unit 58's reserved parking spot use to be in the rear parking lot, but apparently that owner didn't like parking in the rear so they asked either the Board and/or Manager to move their spot to the main parking area and instead of giving this owner a guest spot, they actually STOLE another unit's reserved spot and gave it to Unit 58. This spot, in question, is located directly across from the front ramp of the rear courtyard. This spot use to belong to Unit 41, Mr. Baer, who passed away after Katrina. Since Unit 41 was vacant and the owner had passed away, I guess the Manager and/or Board decided to give away their reserved spot. All of a sudden,
when Unit 41 finally was sold, the new owners did not have a reserved spot so the Manager and/or Board had to find them a spot so they gave the new owners of Unit 41 a new reserved spot, two spots over from where their original reserved spot was located. This means that the main parking lot lost one of the available guest parking spots and the rear parking lot gained another empty spot.
2) Unit 82's reserved parking spot has always been in the rear parking lot and there is still the number 82 painted on the rear fence. However, Unit 82 now has their reserved spot located in the main parking lot right near the Maintenance Shed... a spot that used to be a guest spot, so now, the main parking lot has lost two guest spots and the rear parking lot has two available spots.... well sort of... technically, the spot where "82" is painted on the fence still appears to be a reserved spot for that unit for anyone that might need a parking spot... or does "82" NOW have two reserved parking spots since their unit number appears on two different parking spots.. one in the main parking lot and one in the rear parking lot.
3) Unit 68's reserved parking spot is right behind their unit in the small parking areas behind the east buildings of each courtyard... however, the owner of Unit 68 almost always parks their car in one of the guest spots in the main parking lot, leaving their reserved parking spot empty over 90% of the time. I'm not sure why this owner does this since their reserved parking spot is closer to their unit than one of the guest spots that they usually park in. Maybe they want to keep their reserved spot open for their guests??? OR maybe their attitude is "Screw the rest of the owners when they have a guest come by to visit"... who knows???
These are just a few of the instances that I know of. I'm sure there may be other instances that I haven't uncovered... YET!!! If you know of a situation like this, please feel free to confidentially email or call me with the information. I have hundreds of photographs over the past year,
showing these FACTS, as well as other documents supporting these FACTS.
Now, I'm not blaming these owners for trying to get better parking places. Why wouldn't they ask, once they found out that the Manager and/or Board was willing to give away COMMON ELEMENTS without asking ALL of the owners if it was OK, or NOT! Certainly, the owners should be allowed to vote whenever any COMMON ELEMENTS are going to be given away to an individual owner. I blame the Manager and/or Board for doing this and MANY OTHER ILLEGAL ACTS in secret... but then, that's the way CROOKED POLITICIANS ALWAYS DO THINGS... UNTIL THEY ARE EXPOSED!!!
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HEADLINE - A BOARD MEMBER FINALLY SPEAKS UP!!!!... WELL, SORT OF...
-----Original Message-----
From: Tunstall, Virginia [mailto:VTunstall@panamericanlife.com]
Sent: Wednesday, June 24, 2009 9:32 AM
To: Lenny Vasbinder; fountain_court_condos_metairie_la@yahoogroups.com
Cc: info@fountaincourtcondos.com; al@alcorgroup.com; buftun@aol.com; cablenetno@netzero.net
Subject: RE: Condos for Sale at Fountain Court Condominiums
Lenny, I have asked you to take me off any and all future emails. I really have no interest in what you have to say any longer. Please respect my wishes.
Buftun@aol.com
vtunstall@panamericanlife.com
AND MY REPLY -
-----Original Message-----
From: The Fountain Of Information
[mailto:thefountainofinformation@gmail.com]
Sent: Wednesday, June 24, 2009 1:01 PM
To: 'Tunstall, Virginia'
Subject: RE: Condos for Sale at Fountain Court Condominiums
As a Board Member, you should have an interest in ALL THINGS going on around Fountain Court, including with the manager, ALCOR, with the litigation going on, etc..
Have you resigned from the Board?
Lenny Vasbinder, Editor
TheFountainOfInformation@gmail.com
http://www.TheFountainOfInformation.Blogspot.com
Cell-504-621-1870 eFax-413-318-0742
THERE HAS BEEN NO FURTHER RESPONSE FROM THIS SO-CALLED ILLEGALLY ELECTED BOARD MEMBER AND OFFICER.
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- HEADLINE - HOA AND CONDO NEWS FROM AROUND LOUISIANA AND AROUND THE U.S.A.
See the following Q & A from Regenesis.net
The Regenesis Report - Innovative Homeowner Association Management Strategies - June 2009
http://www.regenesis.net/cgi-bin/content.cgi?doc_id=540
Ask the HOA Expert
Excluding Votes
Question: Our homeowner association recently adopted an amendment to the governing documents limiting the number of rental properties. The board prohibited voting by members who were in arrears. Does the board have this authority? And, if so, can the board discount those votes when calculating the votes required (75% in our case) to amend the governing documents? Our board has been very aggressive in issuing fines and penalties and declared 50% of the members ineligible to vote. So, the votes that were allowed constituted only 50% of total votes. Of those, 40 (90%) voted in favor of the amendment so the board declared the amendment passed. Is that legal?
Answer: Taking away an HOA member's right to vote can only be done if the governing documents allow it. Since a member's right to vote is a fundamental owner right, this kind of restriction is rare. And the board never has authority to invoke voting restrictions on its own. From what you describe, this board acted improperly and should be called on it as soon as
possible. If it is not held accountable for this kind of chicanery, who knows what kind of dictatorial behavior may follow?
TFOI Comments -
Part of me was thinking I should not publish the above Q&A since it might give wannabe control freak Board Members more ideas of ways to try and control the owners and their votes but this is something that people who are stuck in HOA's should be aware of, so they can be prepared for when it happens to them. We at Fountain Court already knows what happens... just like the above answer... "chicanery... (and) dictatorial behavior". But that's all going to end SOON as our counter-lawsuit makes its way through the Court system. We may even file for an immediate injunction soon, since the Board continues to do their ILLEGAL ACTS. Further, because the Fascist Board and Manager did what they did, God worked in mysterious ways and exposed MANY of the other ILLEGAL things the current and past Boards and Managers have been doing for the past umpteen years. Even more will be coming out as we do our Discovery related to the litigation.... or will the Board and ALCOR destroy/hide evidence? We'll have to wait and see.
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Can a poorly managed Condo Association really fall completely apart? Just ask the remaining handful of owners at the Brandywine Condominiums in Baton Rouge, Louisiana -
The following two articles in 2TheAdvocate.com, a joint news website Produced by The Advocate (Baton Rouge's main newspaper) and WRBZ News 2 (the ABC affiliate in Baton Rouge), concerning the Brandywine Condominiums in Baton Rouge, LA, which are on the verge of total collapse because of their Boards and Managers mis-managing the 298 unit complex for so long. Only a handful of units are still occupied and they are facing their power and water being cut off right now. These articles are from April and May, 2009.
http://www.2theadvocate.com/news/43405567.html?showAll=y&c=y
http://www.2theadvocate.com/news/46558422.html?showAll=y&c=y
The articles also made it onto the HOANewsNetwork.com, also known as "The HOA Nut House" website, where you can read hundreds and hundreds of articles about what goes wrong in Condo and Home Owner Associations where the Boards and Managers start doing everything illegally, instead of doing things right!!!
http://www.hoanewsnetwork.com/media/complex_s_future_uncertain.php
Good news for buyers/investors though... a 3BR unit at Brandywine recently sold for $11,000.00. ;-)
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Louisiana Real Estate Commission Information
http://www.lrec.state.la.us/Residential%20Property%20Disclosure%2003-01-08.pdf
The above link leads to the OFFICIAL "Louisiana Residential Property Disclosure" form. Section 6 of this form deals with Condos and HOA's (Home Owner's Associations). Question 35 in Section 6 asks, "Is there any pending litigation regarding the property?".
Of course, the answer is YES and when asked for more details by their agent or a prospective buyer, an owner should inform their real estate agent and/or prospective buyer that the ILLEGAL Condo Association illegally held Owners Meetings for the past six years, then they illegally elected Officers/Board Members, who then illegally changed the Condo Documents,
including the Rules and Regulations, then started illegally using these illegal changes to harass, threaten, intimidate, fine and eventually sue multiple owners/residents trying to force them into submission with the illegal Rules and Regulations. Unfortunately for the Condo Association,
these owners/residents counter-sued the Condo Association pointing out to the Court, in public record, just how illegal everything has been done for the past six years at Fountain Court Condos. This litigation has been going on since 2007 and may go on for many years to come and will result in substantial legal fees for the Condo Association Members and may ultimately
result in a LARGE Judgment against the Condo Association, it's Board Members, Officers and the actual owners, since the Condo Association may no longer enjoy a "corporate veil" of protection since the corporation has been running itself so illegally for so long... in not complying with their own written Condo Documents.
Hmmmm.. no wonder some owners are complaining that they cannot sell their units right now, because the litigation is scaring away potential buyers. Well, maybe these owners should quit blaming the people who were first sued and start blaming the real culprits... themselves, their illegal Officers/Boards, their illegal Rules and Regulations and the FACT that they sat by and watched while their illegal Officers/Boards tried to illegally threaten, harass, fine and sue people who then stood up to these illegal actions and started fighting back.
Instead of blaming the owners/residents who are standing up to the completely illegal actions going on around Fountain Court Condos, they should be looking in the mirror and blaming themselves for allowing these illegal actions to go on for so long and not doing anything about them.
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From the Remax-Louisiana website...
http://www.remax-louisiana.com/real-estate-investment.aspx
Condos, Apartments & Single Family
What are the differences between condos and single-family homes? Using appreciation as a measure, condominiums in some areas have been as profitable an investment as single-family homes in the past five years. And in some markets, condos appreciated even more, according to some experts.
While single-family homes have been the preferred investment by homebuyers, changing demographics are helping make condos more popular, especially among single homebuyers, empty nesters and first-time buyers in high-priced markets.
Also, the condominium community has worked hard in the last few years to overcome image problems brought on by homeowners association and developer disputes as well as all too frequent construction-defect litigation.
Should I be looking into condos?
While condos never had the kind of appreciation experienced by single-family homes in the go-go 1980s, most ultimately have not lost value, say some experts. And with high prices in many urban markets and more single homebuyers in the market than ever before, the market for condos is strong.
As with any home purchase, you should do your homework about the neighborhood or development before you buy. In the case of condominiums, it is important to read the past six months of homeowners association minutes to see how effective the board is and to learn about any possibly detracting issues (such as protracted litigation with the developer).
The condominium community has worked hard in the last few years to overcome image problems brought on by disputes and lawsuits. Associations are becoming more sophisticated about property management and taking steps to prevent legal problems and disputes.
Condominiums have held their value as an investment despite economic downturns and problems with some associations. In fact, condos have appreciated more in the past few years than when they first came on the scene in the late 1970s and early 1980s, experts say.
While there are lots of reports about homeowner's association disputes and construction-defect problems, the industry has worked hard to turn its image around. Elected volunteers who serve on association boards are better trained at handling complex budget and legal issues, for example, while many boards go to great lengths to avoid the kind of protracted and expensive
litigation that has hurt resale value in the past. (Obviously the Fountain Court Condos Board and their hired-gun Manager have not learned from those lessons).
Meanwhile, changing demographics are making condominiums more attractive investments for single homebuyers, empty nesters and first-time buyers in expensive markets.
How do homeowners associations work?
Learn everything you can about the homeowners association before you buy into a development governed by one. The association's financial, political and legal conditions are very important to your investment and quality of life.
When run properly, homeowners associations maintain the common grounds and keep civility in the complex. If you follow the rules, the association should not intrude on your privacy or cost you too much in association dues.
Poorly managed associations can drag down property values and make living there difficult for residents. Start by studying the association's covenants, codes and restrictions, or CC&Rs, and find out if you can live by them. For example, if the rules prohibit loud music after a certain hour and you like to play your CDs late at night, this may not be the place for you. Don't move in thinking you can get away with violating the rules or change them later because you may find yourself in turmoil with determined neighbors firmly in control of the association board.
Find out all you can about the association's finances. Beyond reviewing the budget, talk to the association treasurer and find out if dues are expected to increase and if any special assessments are planned. Ask if special inspections have revealed problems with roofs or plumbing that may cause a dues hike or special assessment later on.
Call and meet with the association president. If you are the type of person who despises intrusions into your private life and the president seems more interested in gossip about the residents than maintaining the property, this may not be the right condo complex for you.
Speak with residents to get their views on the association's finances, its property manager, how it operates and any politics. Associations are volunteer organizations with elected boards, like a mini-government, so politics can enter the picture and spoil a good thing.
Lastly, take some time to understand how homeowners associations are organized and how they conduct business. Like all real estate investments, the more you know the better off you are.
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A recent post on the HOAnet Yahoo Group:
1. From A Friend: 'Homeowner Associations Investigated - Houston News Story - KPRC
Posted by: "George" george@pvtgov.org starmangroup
Date: Mon Jun 22, 2009 6:05 am ((PDT))
George has sent you a link: "Homeowner Associations Investigated - Houston News Story - KPRC Houston"
The link:
http://www.click2houston.com/news/19775687/detail.html?dsq=11553811&taf=hou#comment-11553811
Homeowner Associations Investigated
By Amy Davis
POSTED: Wednesday, June 17, 2009
UPDATED: 6:48 am CDT June 17, 2009
HOUSTON -- They charge many of us hundreds of dollars a year, using the money to pay for parks, pools and landscaping. But some say homeowners associations are abusing their power, taking more money and property from homeowners every year.
WATCH IT: Local 2 Investigates Homeowners Associations
KPRC Local 2 investigative reporter Amy Davis shows you how some homeowners are fighting back.
Homeowners' dues pay for the swimming pool, tennis courts and landscaping in some neighborhoods, but homeowner Jon Kruger says all he's getting from his HOA in Atascocita South are headaches.
"If I had done something outrageous, I could understand their problem," Kruger told Davis.
What Kruger did was roof his home of 16 years. Hurricane Ike blew whole sections of it off. Now, Kruger's HOA is calling his new roof substandard.
Even though he replaced it with what he thought was the same color and design shingles he had always had, Kruger's HOA says it's not acceptable. "The day before Ike it was perfectly fine. But the day after Ike it's substandard and not aesthetically pleasing," Kruger said.
"The homeowner has no effective way to fight back," said attorney David Kahne.
Kahne represents homeowners against HOA's in court, but he says the scales of justice are tipped in favor of the HOA.
"If the association sues you and wins, they get their attorney fees back," Kahne explained. "You pay that."
On the flip side, if you prevail in court, you pay your own attorney's fees. Since your homeowner dues paid for the HOA lawyer, you'll essentially foot the bill all the way around.
It's why Texas Homeowners for HOA Reform are pushing for new laws to reign in HOA's. They want to take foreclosure power away from HOA's and outlaw $200 a day fines.
More than 100 HOA-related bills were filed at the state capitol this session. Not a single one passed.
"Follow the rules," said Sandy Denton. "You bought in here. You agreed to follow the rules, so let's do it now."
Denton is the general manager of the Sienna Plantation Residential Association. She spent a lot of time working to convince lawmakers to keep the laws that let HOA's assess big fines and even foreclose on homes when dues go unpaid for whatever reason.
"Is it something that's used excessively? No, it's not," Denton answered her own question. "But it is leverage out there just like a taxing entity has to collect assessments so that a homeowner does pay."
Those who want HOA reform say your money is paying for more than just lighting, fencing and neighborhood amenities.
Take Kruger for example. His HOA is managed by a private company called Community Asset Management. We stopped by to talk with the president of Community Asset Management, but he wasn't available and never returned our calls.
Not only does Atascocita South pay the management company for fining homeowners and collecting those fines and dues, it has also hired an attorney. The attorney charged Kruger a $125 legal fee for sending him a letter about his "substandard" roof.
"The people who want HOA's are the attorneys who make the money, the management companies who make the money and people who want to control others," said Beanie Adolph, a member of Texas Homeowners for HOA Reform.
Adolph has collected thousands of court records that show HOA's are filing against their homeowners more and more. From 2000 to 2007, the number of HOA foreclosure-related filings in just Harris County has jumped 52 percent.
"The biggest scam perpetrated on the American people, that's what they are," said Adolph.
So why didn't our lawmakers pass any of the bills that would level the playing field between HOA's and homeowners? Some say our legislature just had too many bills to consider this session. Others say it didn't help that the HOA industry sent nine paid lobbyists to Austin.
Coming up Wednesday night, what information is your HOA required to give you? You may be surprised what some won't reveal.
If you have a question for an attorney about your rights as a homeowner when battling your HOA, you'll want to tune in Thursday afternoon. We've got a panel of legal experts who will take your calls and answer your questions. The phone bank will be open from 4 to 6:30 p.m. If you have a news tip or question for KPRC Local 2 Investigates, drop them an e-mail or call their tipline at (713) 223-TIPS (8477).
Message from George:
MY COMMENT: I congratulate this station for publishing a frank statement on the hidden, unspoken of by CAI and other pro-HOA supporters, real downside to HOA living. Some would refer to the HOA's "legal extortion" techniques, where, as shown in the article, the homeowner really doesn't get to win. If he sues to get the HOA to obey state laws or the governing documents, he pays and the HOA doesn't even get a slap on the wrist. State laws fail to punish the HOA board violations, yet impose foreclosure on homeowners for failing to pay, or place lines on their homes. There is no justice in an HOA. Individual rights are penalized under the weak argument that everything in the so-called "contract" was presented and fully agreed to.
The simplistic "you agree to follow the rules" is blatantly wrong, because all the "rules" -- those that fail to mention the loss of rights and freedoms available under the constitution -- are not told to the homeowner. He is not told of these downside affects, not even by any state warning
advisory or notice.
Tell your legislators that you have had enough and that you want enforcement of the laws against HOA boards!
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http://www.azcentral.com/arizonarepublic/local/articles/2009/06/17/20090617condosuit0617.html
Couple win lawsuit vs. HOA over remodeling
189 comments
by Peter Corbett - Jun. 17, 2009 12:00 AM
The Arizona Republic
Bill Martin and Amy Amaro-Martin were like thousands of other Valley residents a few years back who tapped into their home equity to remodel and expand their townhouse.
What they did not expect was a tortuous four-year battle with their homeowners association over their remodeling plans. That clash led to a recent $200,000 jury verdict in their favor.
A Maricopa County Superior Court jury ruled late last month that the Sutton Place Improvement Association discriminated against the Martins in obstructing their remodeling and filing a lawsuit against the couple to stop the project. Bill Martin is Black and Amy Amaro-Martin is Hispanic.
The Sutton Place board oversees 47 townhouses in central Phoenix near 24th Street and Osborn Road.
"Juries in Arizona are tired of the power HOAs have," said Ashley Adams, the Martins' attorney. "(The Sutton Place board) financially ruined the Martins because of this litigation, and they were mistreated by people in the community."
The Martins' case is somewhat unusual in that homeowners do not often prevail in litigation involving homeowners associations. Plus, their discrimination complaint in a countersuit added an ugly element to the battle among neighbors of Sutton Place, a cozy community of mostly retirees that dates back to the early 1960s.
The Martins said that other residents had remodeling plans quickly approved, but their request dragged on for more than two years while board members continually harassed them. The couple also found another minority resident who heard a board member say, "Black people shouldn't be living here."
Jean Alley, Sutton Place Improvement Association president, declined to discuss the case. She referred questions to attorney Steven Napoles, who did not return calls seeking comment.
The Martins' ordeal began in August 2004 when they submitted remodeling plans to the association board. Their one-story townhouse is among 10 units that are outside the gated part of the community.
They wanted to more than double the size of the home by adding a second story and a deck on top of that.
Bill Martin is a fitness trainer, his wife a sales representative for an online employment service. They have two children.
Sutton Place board members had concerns about the new wing of the Martins' townhouse extending more than 15 feet from the original front of the home. They also wanted the arched windows, stucco and wrought-iron features to fit with the architectural features of the community.
Phoenix approved the Martins' plans in March 2005, and the board gave its OK two months later.
Martin, acting as his own general contractor, started construction of the addition in February 2006. Within two months, the board began complaining about the Martins' addition, its height, windows, stucco and paint color.
"It just became a witch hunt," Martin said of complaints from board members. "It was clear I was never going to satisfy these people."
A year later, the board filed suit against the Martins, claiming they had violated the association's deed restrictions by deviating from their remodeling plans. The Martins denied the claims and responded with a countersuit claiming the board discriminated against them.
Martin said he was reluctant to do that. "I never play the race card," he said. "That's just not me."
In the May 29 ruling, Judge Craig Blakey decided that the Martins were not in violation of the association's deed restrictions and that any deviations from the plans were inconsequential to the overall project.
"Mixed signals were given by different representatives of the board of directors to the (Martins) and, as the jury had to find in rendering its verdict, (the board) treated (the Martins) differently than it did other residents who remodeled their homes," Blakey said.
The Martins are now negotiating with the board and its insurance company on a settlement of the $200,000 judgment and the couple's attorney fees, which they estimate at more than $80,000.
Bill Martin said he has little hope of collecting from the association.
Sutton Place resident Joe Smith, a former board member, said he fears residents will be stuck with paying up to $8,000 each to pay the judgment and legal fees.
Smith said the board used the association's $25,000 reserve fund to file suit against the Martins without ever holding a public meeting to consider the action.
The association, one of the first homeowners groups in Arizona, could be forced to file for bankruptcy, he said. Since the jury verdict, Martin said no board member has apologized to him.
"It didn't have to be this way, but it became personal," he said of the dispute. "I like living here, and they're not going to run me off."
Comments on HOAnet Yahoo Group:
1b. Re: Couple win lawsuit vs. HOA over remodeling
Posted by: "George" george@pvtgov.org starmangroup
Date: Wed Jun 17, 2009 6:34 am ((PDT))
My submitted comment:
This jury victory is important for several reasons:
First, the decision that the deviations "were inconsequential" reflects the tyranny of boards assisted by HOA lawyers who fight rather than advise that the matter is trivial. Second, the decision to fight over trivia, only keeps the board's legal advisors happy -- $$$$$ win or lose, no matter who pays, the homeowner or the HOA. Even if this means going into bankruptcy as
a result of the board's failure to act in good faith and as a prudent person should -- legal duty of a director. Third, the apathy or lack of support of the other homeowners, in the belief that the odds favor the HOA winning, now hits them between the eyes and they are being forced to ante up for this trivial suit.
And finally, it was a jury trial! In civil suits, the homeowner must ask for a jury trial. You will not win in a case involving a question of broad HOA powers to decide, which is granted them under the CC&Rs. Homeowners can win on questions of reasonableness of HOA action, violations of director duties, of the governing documents and of state laws. You will not win just because you simply don't like or agree with a board decision.
This suit was about power -- nobody challenges the board, and the HOA lawyers are right there doing their thing. Welcome to HOA-land!
For more info see http://pvtgov.org.
1c. Re: Couple win lawsuit vs. HOA over remodeling
Posted by: "Bill Davis" bdavis@capital-ip.com outlaw_97035
Date: Wed Jun 17, 2009 10:28 am ((PDT))
The Court didn't actually find any deviations. The Court only noted that any deviations were inconsequential.
Please visit the HOA's website and particularly the important information page here:
http://www.suttonplace.org/Sutton_Place_Improvement_Association/Important_Info.html
At the bottom there is a link to "Update on Martin Case". Please select and read this short letter from the Board.
The Board's "update" letter states that the Court denied the Association's request that the Martins make alterations to their residence that conform to the plans submitted to and approved by the Board of Directors. There is also the standard "We will keep you informed" - NOT.
The Notice fails to mention that the Court found that the Martin's improvements were not in violation of any deed restrictions. The Notice fails to identify any alleged deviation from the plans. The Notice fails to mention that the Court found that "any deviations from the plans were
inconsequential to the overall project". The Notice fails to mention that the Court found the Association had engaged in racial discrimination against the Martins. The Notice fails to mention the $200,000 judgment against the HOA in the Martin's favor.
The Board's version of "we will keep you informed" means "we will tell you what we want you to know". Thank goodness for open courts and a free press outside of the HOA. The Board's subjects would likely otherwise never know about the findings against the HOA they are involuntary members of.
Look at what the Board did through omission of pertinent details and misstatement of others. The Board hasn't learned anything - and that's a problem when there is a lack of personal responsibility or liability by Board members. The Board's letter was written and published to convey the idea that the Martins had done something wrong and are getting away with it. The Board carefully omitted rather pertinent findings of the Court and misstated those that it did not omit. The language of this letter was designed to create more animosity toward the Martins.
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http://www.lasvegasnow.com/global/story.asp?s=10398870
Legislature Debates HOA Bill
Updated: May 20, 2009 5:42 PM CDT
Homeowner association scandals over the last year rocked the Las Vegas valley and made many people question who was really is in charge. Lawyers and board members were accused to pocketing millions of dollars.
State lawmakers are finalizing plans to make any shady activity a crime. Senate Bill 182 would make it a category C felony to tamper with or falsify HOA elections. That's a stiffer penalty than the laws surrounding political corruption among elected officials.
Supporters say that's just fine by them.
The FBI continues its investigation into HOA political corruption, trying to tie posh developers to boards scattered throughout the valley. SB 182 would make influence peddling and kickbacks a crime.
The bill has faced little opposition to this point and the end of session deadline is looming. The bill's supporters and those in the HOA community say now is the time to strike.
"They have all the powers of a government, okay. And there is no one watching all this money," said State Senator Mike Schneider.
"Something needs to be done to these people. These are people's homes here. This is their investments," said Barb Noto with the Park Avenue HOA.
The bill will have until next Wednesday in order to get out of committee or else it will die. Homeowners and those passionate about HOA's just want control back. But the clock is winding down very quickly. If the bill makes it out of committee, it has until June 1, 2009 to make it through the session.
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JAMES RAGLAND
12:00 AM CDT on Wednesday, May 27, 2009
JAMES RAGLAND
As soon as I pulled up next to his "assigned" parking space, Frank Larison threw his arms up in the air, his 6-foot-1 frame frantically waving me to a "visitor" slot.
"No, no, no," Larison mouthed, his eyebrows leaping to the brim of his cap.
The last thing the 58-year-old Vietnam veteran wants is to get into trouble with his homeowners association.
Too late for that, I'm afraid.
Larison's already at odds with his HOA, which is threatening to tow his car if he doesn't remove what he calls his "patriotic" decals on the back windshield of his 2008 Chevy HHR.
"I've been trying to keep away," Larison said, explaining how he's maneuvering to keep his car from being hauled away. "But I can't stay gone forever."
I'm here to figure out what all the fuss is about, to wade into what appears to be yet another horror story involving an overbearing, if not overzealous, HOA.
No, this isn't as bad as the case of the Frisco homeowner who was threatened last summer with fines for parking his Ford F-150 pickup in his driveway, a violation of his HOA's rules requiring that non-luxury trucks be garaged.
Nor is it as troublesome as the tales of Texas homeowners who've faced foreclosure for not paying their HOA dues.
That's serious stuff. This one is ridiculous precisely because it's so, well, petty.
Larison roosts in a peaceful enclave of Lake Highlands condos with a name that belies the tension he's feeling - Woodlands II on the Creek.
To the naked eye, at least, none of the condos stands out from the others, which, I'm sure, is exactly the way the HOA wants things to be.
That's fine with Larison, who moved from an apartment in Irving to the northwest corner of Royal Lane and Skillman Street in Big D on July 4, 2001.
"I needed to get my own place," he said. "And I thought I'd have some peace and quiet."
For the most part, he said, he's had no major bones to pick with his homeowners association, other than a disagreement two years ago over a structural alteration to his parking space that caused the tail of his truck to stick out into the fire lane.
The disabled vet, who says he suffers from post-traumatic stress disorder, got that mess straightened out to his satisfaction: The bright red line denoting the fire lane was moved back to give residents more space to park.
After all that, Larison ultimately traded his pickup for a new gas-saving car, which, coincidentally, is the source of his current conflict.
About five months ago, he adorned the rear window of his black Chevy HHR with several decals, the largest of which is the eagle, globe and anchor, the official emblem of the U.S. Marine Corps.
There's also a diamond-shaped 1st Marine Aircraft Wing insignia and two other small window decals.
He's also got one sticker on his bumper that reads: "OORAH! It's a Marine Thing."
As proud as he is of the men and women who serve his country, and of his own 14 years spent in the Marines and Coast Guard, Larison didn't think much about his decals until he got a letter from his homeowners association.
The letter, dated May 18, stated that the Woodlands II board of directors "has observed that your vehicle has decal advertising on its exterior" in violation of a homeowners association covenant.
The directors then directed Larison to immediately remove the decals or "keep them covered with magnetic panels at all times when your vehicle is parked on the Property ... no matter for how long."
Then comes the bold-faced warning: "If you fail to remove the decals or cover them with magnetic panels upon receipt of this letter, your vehicle will be towed at your expense."
Beyond that, the letter warned, if Larison keeps "visible decal advertising" on his car on or after May 31, he could face "fines of $50" each time he parks.
The president of the HOA, who lives a stone's throw from Larison's condo, didn't return a phone call. Larison said a neighbor told him she's on vacation.
I did speak to a management company that handles the HOA's maintenance program, and all she would tell me is that this particular HOA is a "strict enforcer" of rules.
When I described the alleged infraction, the woman said, "That seems unpatriotic, doesn't it?"
Yes, it does.
And so far, the man who says he hates conflicts so much that he changes the TV whenever a violent scene appears is standing his ground.
For starters, he said, his decals aren't advertising anything. More than that, however, he believes he has a First Amendment right to sport military service decals on his car.
"I am a Marine Corps" veteran, he said. "I do support our troops. I'm patriotic. If that's wrong, if that's going to keep me from living here, well, I'm sorry."
Hooray for him. Better yet, make that "Ooh-rah."
Comments from HOAnet Yahoo Group:
1b. Re: dallasnews.com article from George
Posted by: "Bill Davis" bdavis@capital-ip.com outlaw_97035
Date: Wed May 27, 2009 10:44 am ((PDT))
Why don't they name the management company?
Invariably it is the management company that is engaging in these practices.
1c. Re: dallasnews.com article from George
Posted by: "Frederick L. Pilot" fpilot@dreaminglucid.net fpilotsmarts
Date: Wed May 27, 2009 10:55 am ((PDT))
One has to wonder if these companies are getting a share of legal fees generated if this results in a frivolous lawsuit that commonly arises out of these silly situations.
1d. Re: dallasnews.com article from George
Posted by: "Bill Davis" bdavis@capital-ip.com outlaw_97035
Date: Wed May 27, 2009 2:51 pm ((PDT))
Generally, attorneys cannot "share legal fees" with non-attorneys. However, in Texas the management companies frequently collect a portion of the fine themselves (and thus are incentivized to find fault with everything). The management companies also rack up collection fees and other fees by entangling fines with assessments. Moreover the accusations generate chaos and hostility which are good for the management company partner in crime aka the HOA attorney. These two work together to mutually fleece the residents.
Worse, in Texas, the party seeking to enforce a restrictive covenant gets its attorney fees if it prevails. The party defending, or asserting an action to have one declared void/invalid, or otherwise "not enforcing" a restrictive covenant generally cannot get their attorney fees at all even when they prevail. This puts even more gold in the coffers of HOA management companies and HOA attorneys because they can accuse with impunity. If the matter is elevated to a lawsuit, the HOA will not be on the hook for the homeowners attorney fees. The HOA attorney, however, has an unfair advantage because he can continue to drive up the costs for the
homeowner while the homeowner faces the risk of having to pay the HOA attorney's fees and
the loss of their house.
It works like this - accuse the homeowner of something. It doesn't matter that the accusation is groundless. Now issue a fine. When the homeowner tries to pay his assessment, subtract the amount of the fine and "handling charges (e.g., postage, administrative charges, etc.) so that the homeowner is left in arrears for his assessment. This automatically generates a collection/late fee for the management company. Now get the HOA attorney involved as a "collections" attorney. Add the HOA attorney's fees to the homeowners alleged debt. Make sure that all payments are first applied to fines, late charges, collection fees, administrative fees, attorney fees, etc. before being applied to assessments. This will actually generate even more collection/late fees unless the homeowner immediately pays everything demanded by the management company and HOA attorney. If the homeowner doesn't immediately pay everything, threaten the homeowner with foreclosure for failure to pay his assessment. This is the extortion racket practiced by the HOA management companies and attorneys in Texas.
If you want to challenge anything, you do so at the risk of losing your home. The management company, Board, and HOA attorney will look for a daily fine. In addition, there is a statute that presently allows $200/day civil damages to the HOA for a breach of a CCR. Of course, if the Board breaches a CCR there is no civil damage available to the homeowner. So in a very short order, the HOA attorney and management company can rack up a large "debt" on the homeowner with virtually no cost to these organizations. They often negotiate their engagement agreement with the HOA as a contingency agreement. If there is any money left then the HOA will eventually get paid. However, the entire racket is designed to divert as much as possible
from the homeowner into the coffers of the management company and HOA attorney under the pretext of HOA necessity.
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http://www.myfoxdfw.com/dpp/news/HOA_Asks_Vet_to_Remove_Bumper (Stickers)
Vet's Patriotic Stickers
Under Fire
Published : Wednesday, 27 May 2009, 10:45 PM CDT
James Rose
DALLAS - Frank Larison is a disabled veteran with more than 14 years of service, including more than a year of combat duty in Vietnam.
The 58-year-old former Marine now finds himself under attack by his Dallas homeowners association for displaying seven decals on his vehicle supporting the Marine Corps.
"To me, it's being patriotic, and it shows that I served," the veteran told FOX 4.
The board says the decals are advertisements that violate HOA rules, and must be covered or removed.
Otherwise, the homeowners association for The Woodlands II on The Creek --- where Larimore has lived for eight years --- says in a letter it will tow the car at Larimore's expense. The board also threatens to fine him $50 for any future incident.
Larimore says the decals, ranging from the Marine emblem to Semper Fi slogans, aren't advertisements for anything. "You can't buy freedom," he reasoned.
UPDATE: Vet Overwhelmed by International Exposure. Some neighbors are outraged.
"That is his identity," said neighbor Mary Castagna. "He goes to a lot of the veteran meetings, and it means a lot to him. Everyone else agrees with it; it doesn't bother anybody."
"He's in the Marines, and he's proud of it, and I don't blame him," said neighbor Paul Hardy. "If I'd gone through what he's gone through, I'd be kind of proud of it myself."
The letter from the board states you can't have any form of advertisement anywhere on your car on your property. FOX 4 cameras spotted bumper stickers for political parties, health causes, and other non-commercial interests on the property as well.
One board member said he was unaware the HOA presidents sent the letter and did not know of any issue with Larimore's vehicle.
"I will be looking into it," said board member Art Bradford. "I didn't know anything about this. I haven't seen this."
The board president was out of town and unavailable. The condo management company did not want to comment.
Comments from HOAnet Yahoo Group:
1b. Re: HOA Tow Vietnam Veteran's Car Over Marines Decals
Posted by: "Bill Davis" bdavis@capital-ip.com outlaw_97035
Date: Fri May 29, 2009 8:34 am ((PDT))
Yet again, the identity of the management company is concealed. These reports need to identify the management companies so that the pattern becomes apparent to the public. If you watch the video, the Board member is wholly unaware of the letter - which speaks again to the likelihood that this is all being driven by the management company. The reporters need to
identify the management companies and the HOA attorneys in every one of these stories. They need to also specifically identify the name of the HOA.
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