Homeowner's and Property owners' have Association Headaches

March 19, 2005

By Joni Skibo (View author info)
Copyright NBC 6

FROM: Mr. & Mrs. Kunaguaro 03-04-2005

MY ASSOCIATION IS TRYING TO FORECLOSE ON ME, MY RESPONSE TO THEIR COMPLAINT IS RICO ACT, I AM ACTING PRO SE (REPRESENTING MYSELF) AND I, AM THE CASE UP TO THIS POINT THAT THE JUDGE TOLD TO THE HOA ATTORNEY TO SETTLE WITH ME.

IN THE LAST 4 YEARS THEY HAVE MALFEASED OVER $ 650,000.00 AND , EVEN THOUGHT; WE ARE IN THE MIDDLE OF A LAWSUIT THEY CONTINUE ROBBING THE HOA FUNDS
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I HAVE CHECKS, DOCUMENTS, MINUTES, EVERYTHING TO PROVE THEIR CRIMES. THE ASSOCIATION HAS FAILED TO PRODUCE ANY OF THE DOCUMENTS TO PROVE THEIR CLAIM OF INNOCENTS.
THEY EVEN WENT AS FAR AS RETURNING A FULL YEAR OF MAINTENANCE FEES (aka ASSESSMENTS) TO ME IN ORDER TO PLACE COLLECT ON THE LIEN THAT RUNS WITH THE LAND, ON MY PROPERTY, EVEN THOUGHT; MY PAYMENTS WHERE ALWAYS ON TIME, AND CLAIM "NO MORTGAGE PAYMENT" ( I HAVE A COPY OF ALL MY CHECKS & BANK STATEMENTS) THE CURRENT VICE PRESIDENT'S SON IS IN JAIL FOR DRUG TRAFFICKING WHILE HE WAS THE ACTING VICE PRESIDENT HERE.

THE STORY IS LONG, AND I, AM WILLING TO GO ANYWHERE TO CHANGE THIS TYPE OF SO-CALLED GOVERNMENT.

Kunaguaro

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The Doudou 03-03-2005

You might remember the incident with the balcony, the woman that fell off the balcony? Remember, well if you do, the association does not recall the incident. The balcony is lying in the same position. No one from the association ever came out to investigate the incident, they claim they new nothing about the incident. I am not going to fight with them, but I cannot sell with the balcony lying on the ground. What shall I do?

Sincerely, Frantz

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Barkway 12-28-2004, 6:36 AM

My recommendation to anybody living in an association is to move out immediately, don't fight just leave, save yourself the heartache.

I tried to stand up for the truth, fairness and the corrective ways of doing things in my Association. The powers that be do not want to do things the right way. "Its their way or the highway."

The Association tried to evict my son who was 9 years old.
This is after the 11 circuit court of appeals told the association they did not qualify for housing for only older adults.

My son is now 19 years of age and it still is not over.
My family has put our time and money, (we couldn't really afford) towards fighting for justice through a legal action.

The Association is now benefiting by filing more illegal actions and delaying the case, all the while spending the association (maintenance fee of the other homeowners) revenues.

My family is now losing our home. We have paid $250,000 in legal fees ourselves, along with $100,000 in medical bills. My family is not the same anymore!

My son is depressed, as well as myself, My husband and I find ourselves being angry all the time. It is so hear to keep things together when we know we are going to be homeless soon.

To me a lawyer is a dirty word. You will not see a lawyer help a homeowner unless they are going to make lots of money.
Lawyers are the biggest part of this POA/HOA problem, and not the solution.
The lawyers in this case have earned a grand total of $450,580.00 and now they are nit-pick fighting each other.

Until and unless victims (the home owner) of these associations are willing to band together in a legal case to declare such associations are unconstitutional, I do not think nothing much will change.

The associations industry have lobbyists and power brokers on the state level that very few homeowners know about.

Who among you is willing to put your time and money toward having homestead foreclosures by associations declared unconstitutional?
Any lawyers out there willing to try this one? If so, sign me up!

Here's an interesting potential legal quandary: In order for one's children to attend a certain public school, one must live in one of two association controlled communities. A child is entitled to a free and appropriate education by law. But what if the parents didn't want to belong to an association?

Can the child's parents be FORCED into buying a home in a mandatory membership Association in order to receive a free and appropriate education for that child?

Don't the People in this land of the Free (as Forced Members) have the legal right to review, inspect and or copy information from the association records? How about the financial documents, the meeting minutes, insurance claims, residents whom are eligible to vote, have ballots counted and verified by a third party, and be allowed into meetings?

Go to the government web site, download the state property codes and the non-profit / association state statutes that lists the documents that tell you what you're entitled to review and present this to your association.

If they still refuse, NOW you have a case.

Why not get our legislators to ask for the Governor's Task Force to Oversee and hold accountable the Associations that do not abide by the Federal, State County, and or the City Laws and or Statues, or procedures?

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Sugaree226 10-11-2004, 3:35 PM

The Carolinas associations are full of rednecks, and are really ignorant. I absolutely LOVE living on Mt 13 acres - the people around me are so much nicer and respectful and there are barely ANY homeowners associations in this area. I Also, have noticed the cost of living is much cheaper
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The only thing I am worried about is the winter time - and plowing my large driveway. However, the Fall's are GORGEOUS - the leaves are all changing and I haven't had my air on in over a week. Man am I glad to free of the association, Good luck to all of the other homeowners' out there!

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forest59 09-22-2004, 1:41 PM
I agree 100% that Homeowner Associations are nothing more than an over priced apartment complex!!!...You really do not own your property, if the association can take it away in a snap! YUCK!!!!....I live in South Florida where the weather CANNOT BE BEAT (at least from October through May)...I would NEVER live in any other state....side note to the Carolina transplant: sorry, too many rednecks in the Carolina's.....We been there and will NEVER GO BACK!!!.....I like living in the year 2004....not in 1954!

But I hate all associations, they all start out with good intentions, but all become corrupted, as they start showing favoritism and then make up more rule that become unreasonable, and thing start getting mean and nasty, this is my third one, and I am selling out again.
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gsharpe30 08-23-2004

I am an owner at Heron, located in South West Kendall, Miami. On April 16, 2004, at the election meeting to select new Board Members, I asked the Association's Attorney, who was presiding over the elections, 'Are the signatures of those who signed the Ballots being matched with the signatures of the property owners?' The Attorney fielded the question to the outgoing President and those counting the votes.

The response from both was, 'No' Those counting the votes, and the Management Company then advised that the Apartment numbers on the ballots were being 'matched' with the Apartment numbers on the list of unit owners, and that is how the 'ballots' were being counted!!! I have all this clearly tape recorded, and have informed the CC&R in April, 2004. No photo ID's or any other form of identification was required or requested, to cast a vote on April 16, 2004 at our elections!

SO NOW YOU KNOW, all you need to do is locate a ballot and sign it, to cast a vote at our Board Member elections!! The Dept. of Professional and Business Regulations (CC&R) has not yet responded to my complaint on the matter, sent in April, 2004. IS IT ANY WONDER THE CC&R is now being investigated?
Stressfree Gail Sharpe

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gsharpe30 8/25/2004
I am a homeowner and I have found the website CyberCitizens For Justice, very helpful to me.

It can be found at ccfj.net They keep you informed as to a political Candidate or politician, that is supporting HOA/POA Reform.
Read on their website about those Candidates who have already taken action, or the politicians who say they will take action, to help change the Statutes that affect HOA/POAs and the homeowner.

All Any homeowner, who feel persecuted by there Associations, need to concentrate on helping to get only candidates that are willing to instill oversight and accountability and change the Statutes so we can have a much more reasonable live and better input and rights into the relationships with our associations.

In my opinion that is where we will all gain the most benefit.

CHANGE THE LAWS that currently give these Associations THE RIGHT to FORECLOSE on our HOMES (Homestead) without taking the matter to court.

Neither the IRS nor Credit Card companies can take away our Right to the 'Homestead Protection Act.' in the way that the Statutes allow Associations to do, at this time.

Stressfree Gail Sharpe

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MICHELLEPE 08-01-2004

I AM A BOARD MEMBER WHO CARES ABOUT THE PEOPLE THAT LIVE IN MY ASSOCIATION. HOWEVER I AGREE, THERE NEEDS TO BE BETTER LAWS WITH THE RIGHTS OF THE AVERAGE HOMEOWNER TO HAVE MORE SAY INTO THE WAY THINGS ARE RUN IN THEIR OWN ASSOCIATION INSTEAD OF SHOVING THINGS DOWN THE THROATS OF THE PEOPLE.

WHAT CAN WE DO ABOUT IT?

I FEEL LIKE WE LIVE IN PRISON, THE PRESIDENT OF OUR ASSOCIATION THINKS HE CAN DO, OR SAY ANYTHING HE WANTS TOO.

HE INTIMIDATES ANYONE THAT ASKS QUESTIONS, OR WANT TO LOOK INTO THE BOOKS AND RECORDS. PEOPLE HAVE BEEN HARASSED AND INTIMIDATED FOR SO LONG THEY NO LONGER COME TO MEETINGS AND HE GETS HIS WAY.

DOSE ANYONE HAVE ANY ADVISE BESIDES GETTING RID OF HIM?
I AND SEVERAL OTHER BOARD MEMBERS (WHO TRULY CARE AND WANT TO BE REASONABLE, FAIR AND GET INPUT IN CREATING REASONABLE RULES WE CAN ALL LIVE WITH) BUT HE WANT' S IT HIS WAY ALL THE TIME NO ONE ELSE HAS A SAY, HE DOES NOT EVEN LET OTHER BOARD MEMBERS KNOW OF HIS INTENT, HE JUST DOES WHAT HE WANTS.

WE HAVE TRIED TO SET UP A MEDIATION COMMITTEE, TO ALLOW THE HOMEOWNERS A RIGHT TO HAVE INPUT INTO THE GOVERNING PROCESS. THE PRESIDENT SAID HE DOUGHT'S THAT IT WILL GET THE HOMEOWNERS ANYWHERE BECAUSE HE JUST MADE A WRITTEN RULE THAT ALL COMMITTEE SUGGESTIONS ARE JUST THAT- ONLY A SUGGESTION.
WE KEEP TRYING DIFFERENT THINGS, BUT WE FEEL WE ARE GOING FURTHER INTO HELL, CAUSE THAT IS WHERE WE ARE NOW AND CANNOT SEEM TO GET THIS MAN OUT. HELP?!

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Pirate44 07-16-2004

My husband and I have been living in a PROPERTY OWNERS ASSOCIATION for 3 years.

We are not the actual owners, we just rent here. But the association has been harassing us about several things for the last two years now.

Things such as: leaving a bag of trash outside, up on the back of our golf cart for twenty minutes while I was dressing to take it to the dumpster that morning.

They made me take the drapes down, they were darker than they allow,

I had them up in my bedroom window because I work the night shift and I wanted to block the sun during the day. My bedroom window is on the back side of the lot so I cannot understand how this would be an annoyance or a nuisance to anyone?

Then they told me I was not allowed to stay more than 90 days in one years time period. That the bushes were not trimmed properly. They would not allow comcast to rewire the house (with the owners written permission) so that we could get the high speed Internet connection.
Then the most bogus complaint was them trying to tell us that we cannot sell anything we own on E-bay from inside the home. What the hell, if the owner doesn't care, why should they, and how the heck did they find out, as it is not any of their business?

My husband collects, restores, and sells old transistor radios. The association must have been doing a LOT of snooping to draw the conclusion that we sold things on E-bay.

The manager/president told my husband that there is something in the rules restricting selling on E-bay. I didn't see anything about ebay in the rule book they gave to me?

Is this a dictatorship or what? I would think that since we're paying a thousand dollars a month we would be able to have some sort of privacy, and peace about what we do inside of the home?

Thank God, we didn't buy a house, as we once contemplated it, no sir,

NO PROPERTY OWNERS' ASSOCIATION FOR ME!

There are too many odd-ball and crazy rules being made up as they go, restrictions are one thing, but they are NUTS here.
Mr. & Mrs. Pirate

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Tasberry 07-15-2004

The subject of fairness for the rules of a homeowners association should be a no brainer.

Anyone serving on the board should not directly or indirectly benefit from any decisions of the board or of the association.
So if you set on the board of an association you should not be allowed to use the facilities, its washing machines, gym, pool, or recreation hall, with the exception of holding or attending meetings.

If you are acting as a Realtor you should not be allowed to list in any of the building, as it is a conflict of interest.

The CC&R's are almost worthless and we should be allowed to have for a nominal fee a person that will assign for arbitration, and to reign in the seemingly limitless power of the association's and their boards.

All the CC&R's would have to do is allow the members to hire one for a fee of $1,000 per day and then come into the association and hear both sides of the dispute, or investigate the situation and make a decision.

This would be an easy and economical solution to many violation problems by the Association and or the homeowners.
Jeff

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Laurie193 06-20-2004


IM writing about the homeowners association in Tamarac.
My husband and I have been living there for almost 2 years, from day one the association board members have been harassing us; from how many people can live within our home, to what we can and cannot do inside or outside our home. I don't think its fair to pay $250.00 a month in maintenance fees just to have lousy cable, to repair a roof that we pay for but do not own, the Club-house. We feel as though we own the inside of the house, but not the outside.

We are sent letters constantly, about parking, bits of trash scattered around the yard, (come to find out, they had the wrong house), to this day, I was not offered an apology!

They even come to my house and ask me whose vehicles are parked in the street a couple houses down! I was appalled by being called over to a board members (association's) car, to be told that I should do something about all the cars parked around my house, the cars are not even mine.

To make matters worse I even had one of the board members trying to look inside my house!! All I know is an attorney is viewing the case, and my house doesn't feel safe to me, and doesn't feel like a home anymore. I don't feel comfortable here in my own home or yard anymore. I had a cookout here, and am now waiting for a complaint about the smoke.

I had my car towed once, because I had parked in the street.
The association has now put a no trespassing sign in our yard, just before we get to the lake, but my husband say's he will continue to fish there, there is just to much control! It took only five months for someone put a hole in our garage door. We have other Home owners knocking on our door asking to sign a petition against another homeowner, complaints from things like bad yard work, to long of grass, to annoying letters about some other neighbor's wind chimes are to loud.

All I know is they are making everyone's life miserable and I see no reason to keep this type of petty and outrageous behaviors afloat? Associations are a waste of true neighborhood life and energy is wasted on supporting them, I will not give up without a fight!

Mrs. L Lynch

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Sent by Joni Skibo
"We The People"
Representing Seniors of the Rio Grande Valley, Texas