HOA Boards Out of Control – Foreclosures, liens, abuse.

HOA/COA/CID: Fining, assessing, FORECLOSING (legal, or not). Billie Branam sent the following letter re out of control HOA Boards to the media and legislators in North Carolina.

And it get’s worse! A slew of companies have popped up offering to help boards impose liens on condo & HOA owners  for nearly any reason. A condo board/HOA board member can destroy a neighbor’s life in a few hours – few questions asked – for less than $250. What a (raw) deal.

From: Billie Branam
Date: Sun, Feb 27, 2011 at 11:24 PM
Subject: Re: North Carolinian’s, WAKE UP—HOA/COA/CID–Fining,
assessing, FORECLOSING (legal, or not), Jane Jordan: TO MEDIA / HB 165
- QUESTIONS / Hello House Representatives Weiss

The Board that I was in hot dispute with in 2002-2004
was led by by a crew that crushed community spirit and input,
delegated tasks arbitrarily without full disclosure, played favorites
with some neighbors, discriminated against others, and totally ran the
HOA Board like the wild, wild West. According to the N&O story that
appeared in Jan/Feb 2005, the treasurer was involved in embezzlement
activities in his business dealings, yet he was not audited or
questioned about the HOA monies which he was in charge of for a number
of years.

If you look in the N&O you will see the story about him and
his affairs outlining a federal indictment. He really appeared to
lead the Board and appeared to have the management group entwined in
the whole conspiracy to ramrod me and others if any questions were
asked or input given contrary to his or others rules. These tactics
and futile efforts to solicit cooperation with the Board forced me and
others to leave. Perhaps I asked too many questions about the
maintenance costs, attended too many meetings, or even had the
audacity to ask to speak about maintenance and community issues. When
I pulled out the tape recorder, I knew I would be dead meat in that
crowd. To me, the Board acted like a posse out to hang someone or run
someone out of Dodge. Being a single female approaching sixty, I was
their perfect victim; old, lacking a male counterpart, and not in
their clique.

The president at the time was quite arbitrary and demanding to me and
her demeanor really intensified when I took the initiative to ask why
deck permits were not obtained and why my deck was condemned by the
Town of Cary for shoddy work done by their maintenance guy. She made
it very clear that I would be paying for that action (talking to code
people) in terms of payback. I perhaps painted a target on myself for
the Board members to attack when I questioned why the work on the
decks was not approved by building codes. It appeared the Board was
not prioritizing safety issues since many of the decks were quite
elevated and needed structural integrity. The emails I received from
the Board revealed the extent of their animosity and venom as well as
those of the management group.

I reported all of this harassment and terror tactics to 5 on your Side
and other news networks, even had an article written in the paper,
News and Observer, and appealed to the Attorney General’s office
consumer division. The AG did send a letter to the management group,
but the owner/manager appeared to fluff that over and somehow avoided
any repercussion or consequences. To me, it had become an ethical and
moral issue at this point, certainly reeking of conspiracy and decay.

But in the end, the HOA Board sliced and diced me even when I tried to
close my house. They continued the siege and torture of me and my
property by overcharging my dues and tacking on the deck costs which
was their responsibility in the closing statement at the sale of my
townhome. By the way, no charges were made to other homeowners who had
deck replacements. I should not have been charged and billed
repeatedly for the deck as was done. Decks were the HOA
responsibility as stated in the rules and regs of the HOA. I was also
charged for HOA dues at closing that had already been paid, but
because I had moved and could not keep fighting a lost cause, I closed
and suffered the financial losses.

The whole residency in that complex was a nightmare and took a toll
on my life, my health, and made me committed to a promise never again
to live in a community with a HOA Board. When I complained the deck
man they used had a criminal history, they continued to support that
person, who is still doing their decks and maintenance to this day.
When I asked that he not trespass on my property, the management group
and the HOA Board backed him and not me, allowing him to continue
working on my property. This was after I asked in front of multiple
witnesses that he stay off my property due to his negligence and prior
conduct.

I was the victim, others are the victims, and will continue until
these Boards are addressed, their criminal/civil activities are
reigned in and punished. Until this is instituted with legislation and
oversight, the community members will continue to suffer financially,
mentally and physically, as well as targeted socially in the
community. These Boards are rogues who rule the neighborhoods with
total disregard for homeowners and their investments.

I always think good will prevail and that acts will be punished. I
moved away and the next year found out that the HOA Board was
replaced, the treasurer was convicted of financial crimes, and the
decks were finished with proper permits.
But, a new Board has emerged, the same deck man is still working and
supervised by a relative, who was appointed arbitrarily by the current
Board to a quasi manager position with little or no input from the
neighborhood. So life continues, HOA Boards change members, but not
practices, and the terror remains rampant in these communities. HELP
these people! They may as well live in a third world country dictated
by ego maniacs and power mongers!

Please consider regulations that will have teeth, a regulatory Board
to regulate the Boards, and consequences for the criminal or civil
violations of these members of HOA Boards. I moved, but have
compassion for those who cannot move due to age, disability or
circumstances beyond their control. It appears heartless to hear the
suffering, read the stories, and walk on by like it does not happen.
Family friends have lost their condos to solvable issues of back dues,
lack of positive communication from the Boards, or just plain slippery
slopes created by these Boards. It happened to me and it can happen
to you or some other unsuspecting homeowner! Don’t throw the newly
married homeowners, the elderly disabled, or the struggling families
under the bus! Buyers beware is always the motto, but these
situations emerge after the property closes and the buyer then needs
emergency measures to be in place. We need 9-1-1 in this case of
hidden problems which can’t always be determined by unsuspecting
property owners. Some say they survive by sinking their heads in the
sand and hoping they won’t be targeted, but that does not always work
either. We need to be able to dial 9-1-1 and get help from NC State
government and from the federal government for violation of citizen
rights and for the stalking, terrorizing, and damage these Boards do.

Breaking News: Florida HOA Survey Demolishes Anti-Reform Arguments

Florida HOA Survey Demolishes Anti-Reform Arguments: You heard it first on Rights Radio.com.

Midnight tonight is a critical time. An important survey of homeowners in Florida HOAs goes on-line.

The survey asked Florida HOA homeowners and non-owners with different roles in those organizations if they were in favor of or opposed to each of 14 proposed reforms to Florida Statute 720 which governs those associations. The well-known Cyber Citizens for Justice, Inc. [CCFJ] sponsored that study.

How to Recall Your Board

It’s an important study for several reasons. It’s the first reliable one on the subject with over 1,000 valid responses from all parts of the state. It provides broad and deep coverage of the issues and presents its findings clearly in nontechnical terms.   

Perhaps most importantly, CCFJ’s report demolishes the anti-reform arguments so often raised in the past. No one can ever again truthfully assert that reforms aren’t wanted. Nor can opponents of reform honestly claim that HOA owners aren’t willing to pay for an independent agency with enforcement powers to regulate HOAs in Florida. Nor can anyone say with a straight face that only a few vocal malcontents in South Florida want some reforms but everyone else is satisfied with the way their board of directors runs their HOA. This study’s rigorous statistical analysis proved that there’s less the one chance in a billion that any of those claims is correct.

Last week Jan Bergemann, President of CCFJ, shared some highlights from that survey with our Rights Radio audience. (You heard it first on Rights Radio!)

What isn’t well known is that Dr. David Goldenberg, author of one of our best selling books – Creating Home Owner & Condo Association Documents and the author of our best selling special report “Ten Steps to Recall Your Board” – analyzed the data from that survey and wrote the report which appears on-line and is available in hard copy from CCFJ.

Dave’s analysis uncovered a number of interesting facts in addition to those mentioned above or by Jan on last week’s program. For instance, people from all over Florida were strongly in favor of every proposed reform by 75% to 96%! Naturally this result varied by the specific reform and across five sets of respondent traits, namely: Interest or role in the HOA, gender, membership or non-membership in CCFJ, region and whether or not the respondent made a comment or identified which reform was most important to him/her.

Two remarkable outcomes of Dave’s analysis are solid proof that: homeowners views on reform differ significantly from those of their boards of directors and that the directors have a strong and consistent bias against reform. The latter point means that conclusions drawn from prior studies by lobbying groups such as CAI [representing Community Association Managers], and CALL – CAN [representing law firms serving HOA boards] could be open to question on several counts – including the use of undersized samples.

You owe it to yourself to read this important study.

You can access the complete survey here and Jan’s comments on the survey here.

To Your Empowerment!

Dr. Joyce Starr

HOA Pet Gate Case Gone Amuck

Tied to HOA Gate: HOA Violations Gone Haywire. I want to share an email I received from a valiant HOA member who literally tied herself to a gate in defense of the right to protect her dog. Hopefully, her experience will assist other HOA members confronting arbitrary and vindictive violations.

Hi Joyce,

Thank you for your support. It was an unbelievable battle, and I still have many wounds. My ‘fight for justice’ has affected my personal and public life negatively. It all began when I had a serious fall out of my wheelchair on 1-27-08. As I was trying to open the door while holding my young Lhasa Apso dog back, so that he wouldn’t get out the door, I literally "fell on my face." I went to the emergency room at Blake Medical Center for emergency services, which included X Rays of my head and facial bones. The cost of that visit was $948.00 and I soon had a black eye and the right side of my face was swollen and bruised from my hairline to my chin.

Needless to say, my co-owner Jim was upset. I had previously injured myself in other similar instances. He decided to "fix the problem," and I told him that I was allowed to make my home accessible through ADA. Jim installed a dog gate in the patio area to keep the dogs safe and secured. They could easily access the patio by a doggy door in the living room.

Everyone knew that I did not personally do the work and install the gate, but I was given a "Violation" in my name only. I was ordered to take the gate down by an attorney who represents our management company and three Board of Directors members. I am treasurer of the board and knew nothing about the intention to issue me this violation; another director hadn’t been consulted either. I quickly learned that ADA covers public property only. HUD manages private property. I contacted the Florida Commission on Human Relations. I felt they were showing me blatant discrimination.

I was a coordinator of the Peer program at the Metropolitan Center for Independent Living, MCIL, before I moved to Florida in 2001. I was familiar with the rights of People with Disabilities, PWDs, through ADA, etc. Norm Coleman was the mayor of Saint Paul, MN when I was about to move. I was on the Mayors Advisory Committee for PWDs since 1994: he is now a MN Senator. As I was preparing to move, Mayor Norm Coleman proclaimed Feb 21, 2001 "Linda Lattin Day" for all my work and contributions that I gave to all people in the city. I was very honored: I thought you had to be dead to have a day dedicated to you!

In an unbelievable amount of emails from the board ordering me to take the gate down, the president said: "There is no way this is a case of discrimination. If anyone should feel harassed it is Ellen and I who keep getting the ADA thrown in our faces. All you had to do is consult the board. And if we let board members go ahead and do things without following procedure, what does that say to the rest of the community? Procedures still need to be followed, even by people with disabilities. You have gone ahead and had work done on your unit without getting approval (that probably would have been if all the facts and reasons had been given) and then cried discrimination. It is what gives people with disabilities a bad name."

On 6-25-08 the Respondents: three board of directors & the management company agreed to "ensure to the best of its ability, that its policies, performance and conduct shall continue to demonstrate a firm commitment to the Florida Civil Rights Act of 1992, as amended Sections 760.20-37, Florida Statutes, (2005) and the Civil Rights Act of the United States (42 U.S.C. 1981 and 1982 and 3601 et. seq.)

They "agreed that Board members, employees, agents and representatives shall continue to deal in an equal and impartial manner, without regard to race, color, religion, sex, national origin, handicap, or familial status, with all persons making inquiry for rental and/or purchase, and with any buyers, prospective buyers, tenants, prospective tenants, application for rental or purchase, and all persons enjoying, or seeking to enjoy residency and services and privileges afforded therewith."

"It is understood that this agreement does not constitute a judgment on the part of the Commission that did nor did not violate the Fair Housing Act of 1983, as amended, Section 760.20-37, Florida Statutes (2002). The Commission does not waive its rights to process any additional complaints against the Respondents, including a complaint filed by a member of the Commission."

"Respondent agrees to waive and release any and all claims against the Complainant with respect to any matters which were or might have been alleged in the complaint filed with the Commission or with the United States Secretary of Housing and Urban Development, and agree not to institute a lawsuit based on the issues alleged in these complaints under any applicable ordinance or statute in any court of law appropriate jurisdiction as to the date of this Agreement." and so on, and so on.

Their reason for giving me the violation was "because she didn’t ask."

The "Conciliation Agreement" includes "Complainant agrees to refrain from making false, defamatory, or disparaging comments, in any manner or medium, including the painting of messages on her vehicle, about the Condominium Association, Inc.; any member of it’s Board of Directors; Condominium Management Services, Inc.; or any employee of the Condominium Management Services, Inc. regarding the issues raised in her complaint, or the issues that could have been raised in her complaint."

I have quoted the "Conciliation Agreement; FCHR No.: 28-92497, HUD No. 04-08-0807-8 directly. I am not making false, defamatory, or disparaging comments.

Ultimately I wish I could afford to buy a home elsewhere and leave the respondents in my dust, but I live on my SSDI, which is below the poverty level, and I feel lucky to have a home!

Thank you for your kind words and thoughts.

Sunshine & Smiles,
Linda L. Lattin