-- Friday, June 12, 2009 --
(PLEASE PRINT OUT SEVERAL COPIES OF THIS NEWSLETTER AND GIVE A COPY TO YOUR NEIGHBORS WHO MAY NOT HAVE EMAIL OR BE ONLINE TO READ
http://TheFountainOfInformation.blogspot.com. Thanks)
HEADLINES -
- Recent Sales Of Condos At Fountain Court Condos (for VERY LOW prices)
- Recent Articles Found On The Web About Other ILLEGAL Boards (and the cost to the owners)
- Another "Did You Know?" Column (about HOA Homeowner's Bill Of Rights)
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RECENT SALES OF CONDOS AT FCC (FOR VERY LOW PRICES)
Sale published in the Times-Picayune/NOLA.com on Saturday, May 16, 2009, E. JEFFERSON, Transfers filed April 24-30, 2009.
Veterans Blvd. 6901, Unit 2. David W. Dugas to Sidney J. Dugas Jr., Brenda L. Dugas and Robert P. Dugas, $13,800.
TFOI Editorial Comment - Unit 2 is a 1 Bedroom downstairs unit with the rear French doors facing Veterans Blvd. The last names of the seller and buyer are the same so this sale is likely a closely held sale between family members, which is probably why the price is so low... but appraisers still consider these things in their appraisals for any other prospective sellers/buyers, just not as heavily as they consider "independent" sales.
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Sale published in the Times-Picayune/NOLA.com on Saturday, May 23, 2009, E. JEFFERSON, Transfers filed May 1-7, 2009.
Veterans Blvd. 6901, Unit 63. Cindy Family Preservation Trust to Todd Perilloux, $55,000.
TFOI Editorial Comment - Unit 63 is a 3 Bedroom downstairs unit, all the way in the back building. This unit is still completely gutted from after Katrina and the owner was never able to start renovations on this unit since the past FCCA Board(s), past manager and the present Board and manager have NEVER fixed the rotting rear wall studs and vapor barrier, which is part of
the building's construction and "common elements", not owned by the unit owner so the previous owner could not start his renovations until the Board/Manager does what they are supposed to do.
I hope the new owner gets better cooperation from the Board/Manager so that FCCA will do what they are supposed to do and then this new owner can begin their renovations. As to the price, this new owner basically got a "fully renovated" ALL NEW 3 Bedroom unit for around $60,000 to $70,000 since this sale also included a $25,000.00 insurance payment to be paid to the new owner (from FCCA) after the owner completes their repairs/renovations. If this new owner is diligent, they could completely renovate this 3BR unit for the $25,000.00 or maybe add in another $10,000.00 of their own money, meaning their total investment in the unit would be the $55,000.00 price and any money they add to the $25,000.00 insurance payment.... THEY GOT A GREAT DEAL! Unfortunately, this GREAT DEAL will result in EVEN LOWER property values as this sale will be considered in the appraisal value for other units. The current and past Boards and Managers have probably cost FCCA owners over ONE MILLION DOLLARS in owner equity because of their negligence in repairing the "common elements" in this unit... something they could have fixed for a few thousand dollars.
Now... if the FCCA Board and Manager do NOT cooperate with this new owner, this owner could be stuck in the same predicament as the previous owner and long-time resident, Freeman Ballard. Legally, owners are not allowed to do renovations concerning the "common elements", so that would be FCCA's job or FCCA would have to authorize the owner to make the repairs and then FCCA should have to pay for them but I guess this new owner could negotiate with FCCA on this point. The main thing is that the rotting 2x4's and vapor barrier be repaired properly to keep the wall from further rotting away, causing future structural issues that could cause those two units (downstairs and upstairs) to be condemned... or possibly even that entire building if the structural damage gets bad enough. This rotting wood and vapor barrier has been known to FCCA Boards/Managers since that unit was gutted back in late 2005, after Katrina.
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RECENT ARTICLES FOUND ON THE WEB ABOUT OTHER ILLEGAL BOARDS (AND THE COST TO THE OWNERS)
http://www.ahrc.se/new/index.php/src/news/sub/editorial/action/ShowMedia/id/4857
MAFIA: Mandatory homeowner Association Foreclosing In America
Shine a light on the mafia family extortion racket in HOAs and make their knees buckle
May 12, 2009
By Richard Craig (View author info)
San Antonio, Texas -
It's the same all across Amerika - intimidation, financial and emotional terrorism, obedience to the "rules" that were written by the lawyers during their drunken orgy with the developers/managers and the hand-picked board (using the term "elected" to describe the typical ascent onto an Homeowner Association board is heresy to this American.
When certain "mean good people" step onto the stage at the local HOA here in Texas, the board reacts by canceling the monthly meetings and pretending there's no business to discuss...the reality is they are cowards and they try to hide when good-intentioned "mean people" show up.
Shine a light on their extortion racket by offering MAFIA bumper stickers - big red word MAFIA and small words "Mandatory Association Foreclosing in America" on a black background... it makes their knees buckle when you publicly identify their mafia family lifestyle.
(EDITORIAL COMMENT BY TFOI - Hmmmmm... sounds like what is happening at FCCA
right now and how they recently called for a Special Owner's Meeting but then when the "mean good people" showed up, they cancelled the meeting... but then held an un-official meeting and tried to trash the "mean good people". Of course, the Illegally elected Board and Officers at FCCA won't even allow open monthly Board Meetings except for the owners they have illegally classified as "At-Large Board Members, which isn't even allowed according to the Condo Documents)
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http://www.ahrc.se/new/index.php/src/news/sub/pressrel/action/ShowMedia/id/4862
Peters and Freedman Loses Yet Another Lawsuit
May 20, 2009
By Fan
San Diego, California -
A previously low key and quiet community in downtown San Diego has been in turmoil with extensive legal challenges and issues since David Peters became its attorney. The amount of money spent on legal fees by this small association was absolutely absurd. After a questionable annual election run by David Peters in summer 2008 and having had enough, a group of homeowners filed a recall petition to recall the entire board.
David Peters put up every obstruction possible to prevent the recall in order to protect the incumbent directors. He tried to enact election rules inconsistent with the bylaws, violated state statutes and came up with what appears to be a mythical Inspector of Elections known as "MSG".
After making every attempt to work with this incumbent board and this problematic attorney to assure that a fair recall election would occur, a lawsuit was brought by Lawrence Gallego, a resident with a backbone who was represented by San Diego Attorney Greg Garrison (858) 622-7878. Even in front of a superior court judge David Peters would not consent to having the judge rule on issues to insure a fair recall election.
Given David Peters resistance to a court ruled fair election process a five day trial ensued and the Superior Court Judge summarily dismissed Mr. Peters' spurious arguments and recalled the entire board and replaced the old board with a new homeowner elected board.
Mysteriously this supposed MSG Inspector of Elections never showed up in court. This community was financially devastated by the legal fees of the law firm of Peters & Freedman. All homeowner association should be very cautious and do their research before selecting their homeowner association counsel.
(EDITORIAL COMMENT BY TFOI - Replace "David Peters as attorney" with "Al Oglesby as manager and Clarence Favret III as attorney" and this is exactly what is happening at FCCA... and Pier 8, another Condo Complex that Al Oglesby is trying to run with an iron fist where he is spending tens of thousands of dollars of the owners money on legal fees suing and/or
threatening to sue any dissenters to follow HIS RULE at Pier 8 Condos as well... hmmmm.. sounds like FCCA, doesn't it?)
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ANOTHER "DID YOU KNOW?" COLUMN -
Did you know that the ILLEGAL actions, elections, harassment, threats, fines and abuse being perpetuated by the past and CURRENT FCCA Boards and managers are the same kinds of things that are happening all over America. It has become SO BAD that some States have started regulating HOA's and have set up State Boards to oversee HOA Boards and managers.
The AARP has introduced a "Model" Homeowner's Bill Of Rights and is trying to get this passed as FEDERAL legislation to protect homeowners who happen to live in an HOA that is being controlled by an out-of-control Board and manager.
Here is a summary of what the AARP has to say in their "Model" Homeowner's Bill Of Rights:
Bill of Rights for Homeowners
The Right to Security against Foreclosure
An association shall not foreclose against a homeowner except for significant unpaid assessments, and any such foreclosure shall require judicial review to ensure fairness.
The Right to Resolve Disputes without Litigation
Homeowners and associations will have available alternative dispute resolution (ADR), although both parties preserve the right to litigate.
The Right to Fairness in Litigation
Where there is litigation between an association and a homeowner, and the homeowner prevails, the association shall pay attorney fees to a reasonable level.
The Right to Be Told of All Rules and Charges
Homeowners shall be told-before buying-of the association's broad powers, and the association may not exercise any power not clearly disclosed to the homeowner if the power unreasonably interferes with homeownership.
The Right to Stability in Rules and Charges
Homeowners shall have rights to vote to create, amend, or terminate deed restrictions and other important documents. Where an association's directors have power to change operating rules, the homeowners shall have notice and an opportunity, by majority vote, to override new rules and charges.
The Right to Individual Autonomy
Homeowners shall not surrender any essential rights of individual autonomy because they live in a common-interest community. Homeowners shall have the right to peaceful advocacy during elections and other votes as well as use of common areas.
The Right to Oversight of Associations and Directors
Homeowners shall have reasonable access to records and meetings, as well as specified abilities to call special meetings, to obtain oversight of elections and other votes, and to recall directors.
The Right to Vote and Run for Office
Homeowners shall have well-defined voting rights, including secret ballots, and no director shall have a conflict of interest.
The Right to Reasonable Associations and Directors
Associations, their directors and other agents, shall act reasonably in exercising their power over homeowners.
The Right to an Ombudsperson for Homeowners
Homeowners shall have fair interpretation of their rights through the State Office of Ombudsperson for Homeowners. The ombudsperson will enable State oversight where needed, and increases available information for all concerned.
Here is the full SIXTY NINE PAGE, AARP "Model" legislation and "White Paper".
http://postdownload.filefront.com/13812289/
And yet another Homeowner's Bill Of Rights, proposed by two Ph.D.'s, for the State Of Florida and other States.
Here is a summary of this proposed HOA Bill Of Rights:
A BILL OF RIGHTS FOR HOMEOWNERS IN RESIDENTIAL COMMUNITY ASSOCIATIONS
Lois Pratt, Ph.D. and Samuel Pratt, Ph.D.
"A bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse." (Thomas Jefferson, 1787)
This is an exploration of the fundamental and the particular rights that accrue to homeowners in residential community associations. This is not a legal document. It is a document based on the traditions of American democracy as they apply to the RCA form of housing.
DISCUSSED HERE ARE A HOMEOWNER'S RIGHTS -
To Property Rights
To a Proper Governance Structure
To Proper Administration
To Participate Fully
To Accountability
To Information
To Rights As a Neighbor
To Constitutional Rights
You can download a full copy of this Bill Of Rights here:
http://postdownload.filefront.com/4812899/
Or read the full copy on the original website where this is posted:
http://members.cox.net/concernedhomeowners/PrattBoR.htm
Here's an article showing how a County in Texas is regulating HOA's:
http://www.rockwallheraldbanner.com/local/local_story_026155619.html
Herald-Banner
Rockwall County, Texas
Published: January 26, 2006 03:56 pm
City limits HOAs
Ordinance only affects future associations
By Jeff Parish
Herald-Banner Staff
Future homeowners associations will not be able to regulate quite as much as they can today.
"I'm a Republican; I don't believe in big government," Councilman Matt Scott said. "The HOA's are another quasi-governmental entity. If they are regulating 1,000 other things, how many layers of government do you want to live under?"
The City Council recently approved an amendment to the subdivision ordinance that allows for review of homeowners association documents. The provision allows Rockwall an opportunity to check for conflicts with city regulations, including the use of city rights-of-way and public easements - namely streets.
Most cities, including Rockwall, usually review homeowner association regulations to check for maintenance agreements for common areas, Planning & Zoning Director Robert LaCroix said.
"They're horribly written most of the time," Scott said. "I went to law school, and I don't understand half of them when I read them."
Scott suggested a couple of other amendments. No association could prohibit homeowners from displaying yard signs advocating political candidates, political parties, bond elections "or similar matters of public importance." Under Scott's proposal, a homeowners association also could not prohibit parking on a street if the city allowed parking. The Shores association restricts parking on streets in its subdivision. If cars parking on a street creates a traffic flow problem, then an association should ask the city to prohibit parking, not take the issue on itself, Scott said.
Local, public streets in Texas are the exclusive domain of the City Council, City Attorney Pete Eckert said.
"There's no 'Yeah, but,'" he said. "That's a rule the Supreme Court adopted a long time ago."
Many people moving into a neighborhood don't see homeowners association regulations until closing. Mayor Pro-Tem Bob Cotti suggested requiring HOA documentation earlier so prospective buyers will have a better chance to review the rules.
"I don't know of a way we can enforce that," Eckert said. "I would want to stay away from that."
The council supported Mayor Bill Cecil's idea that staff try to find a way people looking to buy a home were made aware of the regulations while they were considering a neighborhood, not closing on a home.
"It would better serve the HOAs, it would better serve our citizens, and it would better serve our community as a whole," he said. "I don't want to take a shortcut around that."
Scott said since he brought up the idea in October, he has been compared to Mao Tse-Tung and Fidel Castro for interfering with contractual agreements. The amendment doesn't affect existing homeowners associations, he said. The idea is to limit future HOA regulations and declarations of covenants, conditions and restrictions.
"Some people have gone nutty with these HOAs," he said. "If you're going to form an HOA in the city of Rockwall - which, by the way, we require everyone to do - we're not going to create a monster for future citizens."
Until next time, let "The Fountain Of Information" flow!
Lenny Vasbinder, Editor
TheFountainOfInformation@gmail.com
http://www.TheFountainOfInformation.Blogspot.com
Cell-504-621-1870 eFax-413-318-0742
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Lenny Vasbinder NHSNOLA@gmail.com
Cell-504-621-1870 Fax-413-318-0742
http://www.NeighborhoodHomeServices.com
P.O.Box 74031, Metairie, LA 70033-4031
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