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Press Release
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National publication looking for homeowner association stories
Seeks recent information on legal battles in homeowner associations
August 25, 2004
By
AHRC News Services
Copyright AHRC News Services
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I surely do wish I had seen this a few days ago.
I have a story to tell! In a nut shell,Homeowner Association fired one managementt company due to accounting problems.
New company took over and didn't go through the records.
Started sending me bills. I had proof of payments. Didn't matter. Managemet company had HOA attorney go hrough records, their Fiduciary responsibility, and then sued me for that bill. Judge gave it to them.
My attorneyy had to be in on it or very inept since he didn't represent me at all. Hung me out to dry, and I am still paying.
I do not see this ending ever. You know what they say about paying the blackmailer once. Filed Chapter 13 bankruptcy to save condo and have paid out more than $11,00 now.
Sued for $341. on the court records, judge gave them more than $3,800, and I hve paid out more than $11,000 to date - Bbleeding me dry!
If you go to the website of the CAI for my state, you will see all the movers and shakers involved in my case right there - pictures and all!
They have tried to remove my Stay of protection which naturally adds to the total to be paid out. Nice work if you can get it.
They also continue to harass me by reporting that there is a complaint abt my property, but when I check it out, I find nothing.
They also harass my family members who have nothing to do with my case. I wish I had seen this earlier.
No attorney in my state that I have contacted will take my case saying that "It isn't big enough for them, or "What's in it for me?"
Could it be that they don't want to go up against this rather powerful CAI and crew.
A homeowner
Georgia.
Posted Aug 31 2004 5:51PM CEST
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Username withheld
, Georgia |
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HOA legal battle against a disabled homeowner. I was pre-approved for my home improvements, but the HOA filed a lawsuit against me because I filed a lawsuit against the builder for breach of warranty (and won).
I have been harassed, discriminated, videoed, photographed, etc. I have stood up for righteousness and I know God is on my side. We will have victory over this evil. You can read my case details on "court section" of ahrc.com
Case No: 04CP402079 - Chestnut Hill Plantation vs Todd Whatley
Posted Aug 30 2004 4:03PM CEST
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Todd Whatley
(View Profile)
Columbia, South Carolina |
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I have a pending discrimination lawsuit with HUD against the president of my building for retaliation, harrassment, getting me fired from my job of 5 years as a legal secretary, etc., etc.
Because they took me to non-binding arbitration because my dog was over 20 pounds and I won hands down by proving there are alot of dogs over 20 pounds and all the broken rules.
This has been pending for 2 1/2 years. I will send you a copy of the Determination for Cause from Hud. I have sent so many newpapers, magazines, interested persons, etc., and no one has had the faith in me to call me for MY PROOF. I have evidence against the attorney general, and others I will not print yet. That is the way it is.
I had the Attorney General handling my case and I had a conflict with them because she worked with the attorney for this association. The Determination of cause sent back to the Florida Commissions on Human Relations and they are issuing another Determination for Cause for further retaliation because I had a conflict with the Attonrey General.
PLEASE GIVE ME THE BENEFIT OF THE DOUBT AND AT LEAST CALL ME FOR THE PROOF.
Posted Aug 28 2004 6:57PM CEST
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Julia Pollack
(View Profile)
Miami, Florida |
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Look into the San Antonio, Texas Mission Trace Homwowner's Association. Homwowners are being harrassed and mistreated by at least one particular board member.
Some of us have not filed a law suit yet, but are seriously contemplating it. We have a board member who is head of the Security and Access Committee that insists on opening your garage to verify you have 2 vehicles in your garage before issuing any additional entrance or parking permits. Like a mini-Gestapo!
The documentaion is submitted to justify request (insurance and driver's license) for residents, yet this is not enough! Then, you are only "allowed" 1 vehicle per registered driver in home. I have been told that in the past homeowners have been forced to sell or park elsewhere ant additional vehicles. Oh, and in Texas of all places, you are not allowed to park your trucks outside...they must be inside your garage...and if it doesn't fit...sorry: sell or move it!!
Then, many of our homwowners are Mexican Nationals. We were told this same board member is wanting to limit parking pernits to those residing physically here for more than 6 months.
Some of our households are not your " 'traditional' white, single or couple with one car each family". Some are of color, have extended families, significant others, etc. But, it seems that you have to make your whole life history known at least according to the current administration of our covenants and operating 'rules'. Yet, we don't have a parking problem. We have plenty of space. It's just that some residents don't want to look out their window and see parked cars...especially little red ones.
So if you are a law abiding citizen, pay insurance, pay taxes (local, county, state, etc.), and own this property you are being denied entry and/or parking if you have more than 2 vehicles which must be verified in the garage.
IF anybody would buy my property today sight unseen for $175,000 I move move immediately!!! HELP!! Any ideas?? Any good lawyers or Civil Liberty interests?
Posted Aug 28 2004 3:40PM CEST
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Username withheld
San Antonio, Texas |
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New Mexico information from AHRC sent to reporter:
Representative Jane Powdrell-Culbert Corrales, New Mexico
May Stanton - Rio Rancho, New Mexico
DRAMATIC BREAKTHROUGH IN HOMEOWNER ASSOCIATIONS - New Mexico Legislator to Introduce Legislation Allowing Foreclosure Only for Delinquent Deeds and Taxes
New Mexico homeowners familiar with homeowner association problems:
Edna - Albuquerque
Jo Ann- Rio Rancho
Posted Aug 28 2004 1:23AM CEST
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Username withheld
, California |
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Every day I am surprized, not only with what other HOA members have to put up with, but what gets "allowed" by judges to be done to the "innocent". Not the least of the issue is money, and stealing everything someone has for a "no logic" rule -- and enforcement to the "nth" degree of same. Why? What happened to compassion, what happened to understanding, what happened to working things out, what happened to common sense AMERICA?? Why do judges allow this -- is justice really blind?
By the way have you been to a courtroom lately? This does NOT only happen in HOA cases that the innocent suffer, and the guilty go free..
My husband and I -- and several others in this neighborhood wanted to pay the YEARLY HOA dues for some of the others who were behind, for no other reason but to stop the HOA from putting a lien on their home for the amazing amount of $150.00. This is in a neighborhood where houses sell for 1.2 million or more each. I don't know why those neighbors are behind, but I would pay their $150.00 to stop the madness.
Right now, I do feel like a person of color....having said so to several friends who really are -- that our battle feels racial. These people do not know our family, cannot identify us, do not know anything about us, but what they make up, or are told and then for unknown reasons believe. Its amazing.... and it has cost me in excess of 75,000. in legal fees so far.
Our court date is not set, but has been ordered by the court to be set. This has gone on over a year, with no proof, just really allegations and attempts at making us look "bad". Our attorney went from "anything can happen" and stories of how HOA's are notorious for getting away with certain things, to "we will prevail and I am sure they will be ordered to repay your money." In the beginning, he was waiting to see if anything at all could be proven, or did actually happen as alleged, and not one shred of proof for their side has emerged. In fact they often look very silly (or darn stupid) in answering the questions in their depositions.
In our HOA there is no real board either, just an old boys club with one boy with the most bucks being the "boss" -- its almost like the Mafia for goodness sakes...he decides if he likes something and they carry out his wishes - rule or not, HOA approval or not, legal or not, etc. There is no attempt to follow a rule or a law...whatever he wants he gets (and he always wins is his own boast).
This suit we are in, is being financed by Mr. Money, but if he loses he isn't paying for our fees to be refunded, the Homeowner Association will be responsible.
Oh boy is that causing an uproar...remember these homeowners didn't want to pay their $150. dues, now they might have to pay several thousands each because of HIS decision to sue, and he isn't even on the board!!
Talk about hatred for no good reason going a bit too far. By his statement he is announcing if they don't lie and go along to "convict" us, they will have to pay thousands to us. Talk about pressure to lie!
But since I have faith, and know that nothing in this life does not have a reason and purpose, some of which take years to understand --- we have stayed to withstand this battle. Every day we too are more confident that we will prevail.....they weren't prepared for a fight and things they have done are coming back to haunt them (attempted break ins, zoning complaints, fire marshall complaints, etc.) they thought would just walk over us and wipe their feet on us, thinking we had no resourses to fight and would have to surrender..... and boy have they been surprized!
Mary Evans
Posted Aug 27 2004 9:53PM CEST
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Username withheld
, Virginia |
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New Mexico has many foreclosures. Most of the people targeted by these homeowner association lawyers and managers are Mexicans and Immigrants.
These are people who have alot of equity in their homes, they pay cash and it is easier for the CAI lawyers to use the foreclosure laws they have written to take homes for lawyers fees.
The whites usually have large mortgages and the lawyers do not like dealing with the mortgage companies who have frst position on the mortgage loans.
I helped May Stanton with some of research she was doing to help homeowners in Rio Rancho.
Representative Jane Powdrell-Culbert said she would try to introduce the bill she was working on with May Stanton this Fall.
JoAnn
Rio Rancho, New Mexico
Posted Aug 27 2004 8:15AM CEST
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Username withheld
, California |
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Homeowner associations are usurping agricultural zoning laws in Hawaii and using CCRs and homeowner association lawyers to stop small farmers from their right to farm.
John Wooten
Hawaii
Posted Aug 27 2004 2:41AM CEST
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Username withheld
, California |
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We were forced to sell our, largely self built, unfinished home by $50 a day fines for taking to long to complete the home.
The outside of the home was finished except for some minor details and landscape work.
At closing the Homeowners Association collected over $3000 in fines. They have never collected nearly as much in fines from anyone else, except the Homeowners Assoiation is currently trying to forclose on another owners 2 vacant lots for lot mowing fees and fines.
In order to make a quick sale and get our investment out from under the control of these people the had to sell at a loss of over $20,000.
The real loss was our dream home that we designed ourselves to have everything we wanted. Y
You can be a minority in a HOA for a lot of reasons other than race or religion, like be the only guy building his own house, the only non professional person, wrong education, an influential person doesn't like you, not in with the right people, or any other reason they can find.
Posted Aug 27 2004 12:45AM CEST
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Username withheld
, Indiana |
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I have contacted the governor of Arizona and she said to get legal advice,
I called on some legal advice and they said they couldn't help, but tthey said that I should contact the media for sure and make a public of it.
But I have contacted the media and no body wants the story, or deal with this. So i thought maybe you guys could help.
The sheriff told me that there is something i could do but he couldn't tell me exactly what due to him not being a lawyer.
Thanks for your time.
Here is a brief lowdown of it all.
On January 11, 2001 I got into an accident with a semi truck. From that day I had back surgery and was out of work until May 2003.
I had gotten past due on my Homoenwer Association fees.
The Association is West Pointe Towne assocition- 4645beast Cotten Gin loop, Phoenix, Arizona 85040. 602-437-4777-
Patty Garman is the Association Administrator.
I had a past due amount of $500. at the time i got released back to work and i offered them $400 and work out payment arrangements on the rest, they wouldn't take it and they wanted it all or none. So i was at a loss.
In July of 2003 I got a judgement from the Arizona Superior Court stating i had lost a case due to not showing up, but at that time i have never been served any paperwork.
I had received the judgement by mail itself.
I called the association and they wouldn't talk. My mortgage company had no information, they were on hold by the lien from the assocation, and I was filling out loss mitigation papers for them to work with me on my past due mortgage.
On January 7 2004 my home sold in a sheriffs sale for $8000 and my past due fees were only $750. and the rest were lawyers fees.
No one contacted me, gave me any type of information about this. At the time this all happened I was also going thru custody of my 4 year old daughter and had no lawyer so i was doing paperwork in court and out.I now have full custody of my daughter and my finace has a little girl too.
I found out that I had a redemption period of 180 days and then I had to vacate the house with in 30 days, but still no one contacted me and Allision Murray @ Ekmark & Ekmark-6720nn Scottsdale Road, 480-922-9292. was very rude to me, and offered no information.
She acted like I was a lowlife whom liked not working and being able to keep my home for my daughters.
On August 12, 2004 I got a writ of possession posted and was told by the sheriff that he would work with me since i had two little girls and no where to go, and no resources that we had until the 23-25 th to leave our home forever.
My case # was CV 2003-000394. I am willing to leave but i feel like this isn't the right way to treat people, over $700 past due.
That is all in a nut shell. Here is my address:
Posted Aug 26 2004 11:03PM CEST
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AHRC Staff
(View Profile)
, California |
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