Title: testing
Location: test site
Start Date: 2015-11-21
End Date: 2015-11-22

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Deputy Accused Of Taking HOA Money

Some residents of the Trailwood Home Owners Association told WFTV’s Myrt Price that they can’t believe that someone they trusted, a law enforcement officer and someone who had been their HOA president for seven years, could be accused of something like this.
Read more here: –>HOA Theft

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Can HOA Board Forgive Unpaid Assessments?

Q: Our homeowners association’s board of directors forgave homeowners who were two to three years behind on their assessments. This was done without our knowledge, and we found out about it before our annual meeting. Is this legal? This seems unfair to the homeowners who pay their dues every year.

Read the answer here: http://www.charlotteobserver.com/2013/02/15/3855294/can-hoa-board-forgive-unpaid-assessments.html#storylink=cpy
Read more here: –>HOA Financial Responsibility

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Handicapped Woman Hit With HOA Violation

A Jacksonville couple believes their homeowner’s association isn’t allowing them to park in a handicapped space, despite having all of the required placards. They called the On Your Side team to see whose rules supersede whose and to get help.and more
Read more here: –> Handicapped Rights

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Homeowners Want Legislation Cleaned Up

Small businesses such as landscaping companies and law firms dedicated to home ownership rely on homeowner associations for employment and business, said Connie Heyer, a lawyer specializing in homeowner association law with Niemann & Heyer …
Read more here: –> Biz Journal Blogs

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FL: Deputy charged with stealing from homeowner’s association

A Volusia County Sheriff's deputy was arrested Wednesday, accused of stealing from his homeowner’s association while serving as the organization’s president, Port Orange Police said. Lt. Brian Nardiello, 39, was taken into custody at his home and was taken to the Volusia County Branch Jail. He has been suspended from his position, said Gary Davidson, a sheriff’s office spokesman.

…Read More Here

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Colorado: HB 13-1314 – Changes To HOA Information & Resource Center

HB 13-1134, which was recently introduced in the Colorado House of Representatives, proposes some interesting changes to the laws creating the HOA Information & Resource Center. The Center was created in 2010 to track complaints related to property owners associations for purposes of reporting those complaints to the Division of Real Estate. Interestingly, there are currently no laws or regulations giving the HOA Information & Resource Center or the Division of Real Estate any enforcement power over property owners associations.

There are two types of changes proposed in this bill—those that are more administrative in nature, and those that are true substantive changes. On the administrative front, this bill attempts to clarify certain things related to the manner in which homeowners associations register annually and how the annual registration fee is calculated. The bill also clarifies that the requirement to register annually applies to common interest communities formed prior to the adoption of the Colorado Common Interest Ownership Act (“CCIOA”). The substantive changes are more interesting.

….Read Complete Article Here

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Florida: Bill to regulate HOAs needs work

State Sen. Alan Hays has proposed a wide-ranging bill designed to curb abuse within homeowners associations. Hays seeks to empower state regulators to investigate residents’ complaints about bad behavior by their developers or HOAs and, if necessary, punish the developers or the associations’ officers for violations.

But his bill has split advocates for residents within HOA-managed communities who have been arguing for reform. Under Hays’ legislation, regulators would be able to investigate complaints while the developer still controls the community. Once the development is turned over to the homeowners, state investigators would be limited to complaints about financial issues, elections and access to the HOA records.

….Read the complete 4 page article here.

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Disabled Woman vs Condo Association – With Government Help

Had things gone her way, Larraine Best’s trike would be parked at her condo right now and she’d be living the relaxed life of a beachfront snowbird. Instead she’s become embroiled in a federal case over a parking space. Best’s fight isn’t just another squabble between a retiree and her condo board. This one’s being handled by Broward County’s attorneys, paid for with public funds.

Broward County civil rights investigators believe the disabled woman’s rights were violated by Summit Towers in Hollywood, where management refused to let her park her three-wheeled, hand-controlled motorcycle – what she calls her “trike” — in her condo parking space. The condo doesn’t allow motorcycles in its garage.

…. Read More Here

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Obama Lawn Sign Battle Bankrupts Homeowner’s Association

The feud that consumed Fairfax County’s Olde Belhaven would span four years and cost the community as much as $400,000, and it was ignited by one of the smallest of sparks: an Obama for President sign.

The modest placard Sam and Maria Farran planted in their yard during the 2008 election put them on a collision course with the neighborhood homeowners association. It was four inches taller than the association’s covenants allowed.
In 2010, a county judge sided with the Farrans on the fining issue. The case set a Virginia precedent that HOAs cannot claim powers, such as fining, that are not specifically laid out in their covenants.

The roof and deck issues, which had been spun off into a separate lawsuit, were decided in 2011. Another county judge ruled that the board’s votes to reject the home improvements were improper because they came at a “secret” meeting and followed arbitrary standards.

The HOA was on the hook for about $100,000 to cover the Farrans’ legal fees, and it owed hundreds of thousands more for its own legal expenses. The HOA was financially ruined.

…Read Indepth Story Here

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When we want to be uninformed

One in five Americans lives in a neighborhood governed by a homeowner’s association. They usually have to sign some sort of covenant that restricts their freedom to do what they want, usually under the presumption that it will destroy property values.

How much is too much? In Virginia, the Washington Post reports, a couple fought back when the neighborhood association wouldn’t let them keep the “Obama” sign in their window. To them, it seemed like an abridgement of free speech rights.

The result? Their association is bankrupt, and neighbors are pitted against neighbors.

…Read More Here

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Ooh, that smell – HOA Dealing With Wastewater Stench

Residents at North 40 are aware that they bought their homes above a sewage treatment plant, and with that comes a certain amount of stench. But Mike Tullar, president of the homeowner’s association there, said this has been a consistent stink for a two- or three-week period. “There are probably 10 days a year that are bad but they are not in a row like this,” he said.

… Read More Here

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Not paying assessments? HOA may be able to foreclose

You should know that many, if not most, condominium and homeowner association documents give the association the right to place a lien on the property of any homeowner that fails to pay his or her association dues. The teeth to that kind of a provision is that the association has the right to foreclose on the lien. When an association forecloses on the lien, it goes to court (or takes other legal action) to take title to the property or sell title of the property to satisfy the debt.

…. Read More

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Pop’s Jokes Moves to Delmar After Architectural Committee Turn Down

Pop’s Jokes moves to Delmar. Wendling said he spent a month being misled by Ocean Pines officials when he tried to get a home occupation permit from the homeowner’s association’s Architectural Review Committee. He said he paid $30 and applied for the permit, only to be turned down and “heckled” by his neighbors at the ARC hearing.

“It was quite frankly a kangaroo court,” he said. “That’s why Ocean Pines is in the shape it is — the unkind manner they treat their residents.”

…. Read more here:

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Court Decision Helps Community Organizations

Q. I received a legal update via e-blast from a local law firm that specializes in real estate and condo association law. Apparently there is a new court decision that provides relief for banks and third party investors who buy a property at foreclosure sale. As I understood it, a condo or homeowners association will no longer be able to pursue past due maintenance fees if the association foreclosed its lien and owned the property for a period of time. Can you better explain the court decision and what it means for community associations?

Q. We have an owner who has not paid association fees for almost three years. The bank that financed the unit was apparently involved in “robo signing” and the delinquent owner has successfully fought them every step of the way. Does the association have any recourse against the bank, and if so, do you think it would be worth pursuing?

Q. Our condo association has a management company that uses the same vendors for all of their associations. Many of these vendors are handymen who are jacks of all trades (electrical, mold inspections, painting, plumbing, tile, etc.). The management company does not seem to require proper licenses or make sure they have insurance. Consequently, our board thinks these things are unnecessary. What is the association’s liability if something goes wrong?

…. Read The Answers Here

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Failed HOA Development Leaves County Commissioners At Stand-Still

Pamlico County commissioners want more information and documentation before making further moves regarding a proposed development in Vandemere, where the county owns 12 lots. The county came to own the property at the proposed Port Vandemere development through foreclosure proceedings after the developer failed to pay property taxes.

Port Vandemere, which still has a website, touts itself as having 47 home sites and a planned deep water marina. Buck said that, to date, one home has been constructed on the properties, which are located on Vandemere Creek in the town of Vandemere.

…… Read More

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Baby Boomers Aren’t Sold On Retirement Communities

It was difficult for the couple to leave their home of 30 years, but the savings were substantial, even when they took into account homeowner association fees. “We wanted to stay close by, near doctors and everything else,” says Silvia, who is retiring later this year. (Husband Luis, 60, who has Parkinson’s disease, has already left the workforce.) “But we also knew we wanted to simplify our lives. We positioned ourselves for the future.”

….Read More Here

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Homeowner association residents speak out

Last week I looked at the proposed Pennsylvania House Bill 319, which aims to give property owners inside homeowners associations better access to association records. This is an important issue in Pike, where more than half of the population lives inside association-run developments. The law would require association records, with a few exceptions, to be accessible for inspection and duplication by owners.

I asked anyone who has been stymied trying to get association records to send me a note. The response was overwhelming. … Read More Here

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Bill would open records of gated community meetings

More than half — 64 percent — of homes in Pike County are inside private homeowner association developments, according to county and U.S. Census data. Except for the fact that there are no grocery stores or gas stations inside, these developments are like cloistered little towns, each with its own personality and elected boards of directors. … …Read More Here

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Owners in hot water over delinquent utility bills

Q: We are a homeowners association, and the association must pay the water/sewer bill, then invoice the owners their share. Some of the owners are far behind in paying their assessment accounts, which include water/sewer charges. Do we have the right to go onto their property and shut off their water or publish the names and addresses of delinquent owners? What are our rights?

Q: I reside in a condominium association as part of a larger community development with over 800 residential homes. I recently discovered that the homeowners association governing the community settled construction claims with the developer in the past. Our individual condo association has similar issues that the homeowners association experienced. The turnover of the board of directors to unit-owner control of our condominium occurred in March 2003. Is there a statute of limitations that bars our claims against the developer?

…Read Answers Here

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