HOA Hires Taser Wielding Guards for 3AM Eviction

HOAs and Condominium corporations when dealing with delinquent fees, and after following the correct steps, can foreclose on the property to recoup outstanding amounts. In foreclosing, sometimes you need to evict the owners or tenants.

Apparently, for the Jasime  Homeowners Association, California, simply knocking on the front door during daylight hours, and communicating the need for eviction isn’t their chosen approach. Instead they hired a security company to perform a 3am raid on the tenants.

After the guards entered the premises, awoke everyone, forced them into the street in underwear and then ransacked their stuff, the tenants had an opportunity to show lease and utility payments. This proved that the tenants were actually renters (with rights) vs. what the HOA claimed – squatters. With the new information, the guards allowed the tenants back into their homes.

The tenants are suing the HOA (and it seems rightly from the report) for a variety of charges. I would have to say that all this could have been avoided if the HOA had made sure that clear, and proper, notification of eviction had been given. Say, during daylight hours.

The best part, one of the security guards hired is quoted as saying:

between you, me and the lamppost, the homeowners’ association is over-zealous.

Really? Over-Zealous. Say it isn’t so!

When Considering a Condominium Purchase, Check How Long the President Has Ruled the Roost

If you are looking for a condominium that you’ll feel comfortable with, check how long the current board has been in power. If the board doesn’t turn over, it’s the same names year after year, then add additional caution when purchasing in the condominium or HOA.

I’ve read, and had some personal experience, about too many “lifer presidents” (an example here) that over time begin to treat the board as their exclusive play grounds. Where most elected bodies recognize the threat to good governance elected lifers create – even the President of the United States has term limits – no such measures exist for community associations.

The risk is, and it seems to come to fruition, that over a period of time the basic principles of the board get eroded.

Take for example the board of President Lorraine Walsh, who has held her title for over 20 years at the Deveonwood, Hercules California, condominium. According to one resident the board hasn’t held an election since 2005. Further, though there is a vacancy on the current board and an owner volunteered to fill it till next election – the current board voted down the appointment 4 to 0.

Other shenanigans appear to be happening there as well: holding in camera executive sessions in the middle of public meetings. That’s clearly a method to shut down the meetings.

Often long serving boards tend to use fining as a heavy handed method to enforce compliance, or threaten owners financially if they raise trouble. For the Deveonwood, first time violations carry $350 fines and have been handed out for improper window coverings and poor garden pot locations.

Sometimes I wonder if the property management firms hired by these long term boards are somewhat responsible for the condominium’s or HOA’s decline. If there really hasn’t been an election since 2005 the property management company should resign or make public notice that the board is failing to abide by all rule and regulations. The problem is management companies can fear failing to comply with the board will result in a non-renewed contract. It’s hard to protest the board that pays you. For the Deveonwood, one owner appears to have asked for the record of past elections to confirm when and how the last elections were held, and the management company denied to fill the request.

Condominiums are great places to live, but like any organization they benefit deeply from a regular turnover of the board, and a rotation of the roles. There is nothing scared or amazingly difficult about being on a board, and normally a management company will ensure all the i’s are dotted and the t’s crossed. I have yet to see a new board, with none of the old guard remaining, mess up a community.

When the Condominium Board Demands Your Facebook Page

There are many owners in condominiums and HOAs that, for one reason or another, have started Facebook pages for their community. I am all for supporting owners that want better communication with their neighbours – and it doesn’t matter in what venue: monthly klatches, book groups, or social websites.

What does get my hackles up is the boards of these condominiums or HOAs threatening, or taking, legal action to shut down these social media groups or sue for control of the social media.

The Maplewood Homeowner’s Association, Nashville Tennessee, has issued a letter to Susan Rowe that her failure to remove the name of the subdivision (Maplewood) from her 2 year old Facebook page would cause the association to sue her. The intent of the letter is not only to have her change the name of the site, but to turn the Facebook group over to the board.

Her Facebook group – “Residents of Maplewood” (changed from “Maplewood Subdivision”) is a private, invite only, group which posts about lost cats and neighbour requests to borrow lawn equipment. This isn’t even a case of “we hate our association postings”.

The use of Facebook for neighbors to communicate without authorization from the board is something that is legal, justified, and fully supportable. As well, identifying the group as related to a particular local or building – but indicating that it’s not the “official site” is also well and good. There can be no limitation on a group of activist residents using the name of the association within the group title. Otherwise it’s a lot like saying the Nashville Singers couldn’t use the word Nashville in their name. Just plain silly.

HOAs don’t have a right to control owner conversation – and really that’s the crux of most of these conflicts. It’s overbearing, control-freak, boards that see any ability for owners to organize as a threat to their position. To them I say good luck with that. Spend your time on building community – not destroying other people’s successful endeavours

PS. If the association wants is the word Maplewood removed – maybe the association should first go after all those other associations that show up on a Google search for Maplewood. It’s all so confusing as to which one is the real Maplewood, when they all stand up shouting “No, I’m Maplewood!“

Twin Lakes HOA: Killing for Skittles

HOA Retreat at Twin Lakes, Florida, is about to be owned. And by owned, I mean sued and found responsible for the killing of 17 year old Trayvon Martin. Every owner in the Retreat at Twin Lakes HOA should get ready to open their pocketbook.

Briefly, for those not familiar with the case – HOA Block Watch captain George Zimmerman shot to death Trayvon while the boy was returning to his residence after purchasing Skittles and an ice tea. George Zimmerman claims self defense, even though he chased the boy after the police told him not to, and the deadliest thing Trayvon had on him was 2.17oz of tasty rainbow.

Here’s why the HOA is about to pay out a whole lot of cash:

1. Mr. Zimmerman was performing an activity authorized and backed by the HOA– performing the duties of Block Watch within the neighbourhood. An HOA newsletter confirms this role in the community.
2. The HOA, in backing Mr. Zimmerman as a Captain, authenticates a person who had been charged in 2005 for battery of a police offer, and had previously a restraining order filed against him.
3. Mr. Zimmerman failed to conform to any of the neighbourhood watch mandated training. Block watch clearly indicates that watch members are there to observe only, and never confront suspicious persons. They are “eyes and ears only”.
4. Mr. Zimmerman was recorded actively chasing Trayvon while on the phone with 911 (audio of call). The 911 operator also indicated that this action was unnecessary. This was definitely an act to confront Trayvon.
5. While carrying a gun is not illegal in this situation, neighbourhood watch members are not permitted to carry firearms.
6. Mr. Zimmerman made 46 calls to 911 since the beginning of 2011 to report disturbances, break-ins, windows left open and other incidents. Not only is it reported that he was out on his rounds for the watch, it is reasonable to assume as this encounter also started with a 911 to report a suspicious person, he was operating as a neighbourhood watch member as he was the 46 other times.

It’s a pretty simple line to draw the HOA as responsible for failing to maintain the required screening and standards required of their volunteers. Unlike a criminal prosecution, a civil case needs significantly less burden of proof or certainty. It is well documented that a person found innocent of a crime may still face significant monetary loss in a civil court. In this case it won’t be a person found liable in civil court, but the HOA.

I have said before that the Block Watch program is a phenomenal program, and every condominium and HOA that faces a crime issue should operate one. The Block Watch program has operated for over 50 years with astounding success. I still stand by the success.

The issue is an HOA must take the steps required. A formal relationship must be made between the community and local law enforcement. All members of the neighborhood watch must attend training – both at the beginning and ongoing. The HOA needs to create, back, and act on the mission statement: “eyes and ears only” – and repeat that message to the volunteers and the community constantly.

Importantly, the HOA needs to have a firm, written, commitment from each volunteer that they will abide by all the recommendations and requirements of both the national neighborhood watch program and local police authority.

And seriously, if this event makes you afraid to have a neighborhood watch – don’t be. Just stick to the program and enforce a role of observation only. That approach works most awesomely. A neighborhood watch that observes only, and doesn’t carry weapons, is both safe to themselves, safe to the community, and safe to 17 year olds coming home with a bit of ice tea and candy.

Condominium Board Fines Resident $4500+ for Flowers

I don’t know if Kimberly Bois, of the Portsmouth’s Atlantic Pointe condominiums, New Hampshire, is the nefarious evil doer her condominium board makes her out to be. I mean, if the board doesn’t stop her green thumb, perennial planting, capers – who knows what seeds of chaos and tendrils of civil unrest she may cause to root in her neighbourhood.

Seriously though, the specific perennials that she’s planted (daisies, irises, lavender, hydrangeas and tulips) may be counter to the by-laws and she may very well have to dig them up. I indicate specific perennials, because this sales video shows numerous colourful swaths of flowers when tooling through the condominium complex. There definitely are flowers there.

What I very much object to, and I think Kimberly has a leg to stand on, is the overbearing and unreasonable process of fining that is going on. On 24 October 2011 the board started fining $25/day, and has since increased it to $50/day.

That is completely unreasonable, and a great example of a condominium board – being judge, jury and executioner – attempting to financially bludgeon an owner into cowed submission. I very much think that Ms. Bois should be legally refuting all demands from the board, and use that in front of every judge as a means to be excluded from any judgement against her.

Boards have a duty and a responsibility to act reasonable, especially given the fact they act as the sole body to enforce and punish for condominium by-law infractions. A board failing to respect the powers they have been granted (and that’s not the power to cudgel owners) needs to be rapped on the wrist, turned around, and sent on their merry way.

It’s especially important, as many boards are filled with “regular joes” who, though have the best intentions, fail to act outside of personal emotion and vendetta. There are significantly too many complaints about the mismanagement of board power. Colorado Division of Real Estate recently found:

What we discovered was that the complaints we received primarily involved the board of director’s failure to follow corporate governance rules and procedures of the HOA; the transparency of the board of directors, particularly as it related to the finances of the HOA; and harassment and bullying of homeowners by the board of directors and management company by arbitrary fining, preclusion from providing input into the associations’ affairs, and verbal harassment.

Ahh, that last point is specifically applicable to this situation. The inordinate and unreasonableness of the fine Ms. Bios has received shows it.

The board needs to get their feelings and their actions pruned.

More Fallout to Toronto’s Falling Glass: $20 Million Lawsuit

In 2010 and 2011 two recently built condominium – the Murano Towers (731 units) and Festival Tower (378 units) literally rained down glass on the ground below. 13 panes of glass balcony railing released and fell.

Since then the glass from all those balcony units (somewhere short of 1000 units) has been removed and the owners forbidden from utilizing the space.

Yesterday the owners launched a $20 million dollar class action lawsuit. That’s about $18,000 per unit – to cover loss of use and to have the issue fixed in a timely manner.

Scary Centralized Power of a Board President

I have often said that mixing the role of board President and manager is a dangerous practice. This co-mingling of roles and powers has led to corrupt and illegal acts. It just becomes too easy, and seemingly too tempting, to keep one’s hands out of the cookie jars.

So reading this article, I immediately see many of the bad practices that I warn of all wrapped up in one package. While there is no indication that Sigrid Ingold has, or will ever, do anything immoral or illegal, her operation of the condominium highlights all sorts of actions which raise my “condominium spidey sense.”

Ms. Ingold has been president of her condominium association, the Thorndale Beach North of Chicago,  for 19 years, and for the past 5 as property manager as well (paid $43,000/year for a part-time job).

There are two things here which I become concerned about. First, the role of president should never remain in the hands of a single person for more than a few years. I like American Statesman Richard Henry Lee’s description that an office without term limits creates a:

most highly and dangerously oligarchic

and I particularly enjoy historian Mercy Otis Warren warning of missing US Congressional term limits:

[without] provision for rotation, nor anything to prevent the perpetuity of office in the same hands for life; which by a little well timed bribery, will probably be done….

I feel such warnings are also appropriate to consider for condominium boards.

Second, by being president, she has significant influence on the awarding of condominium contracts. In this case, the board – with her as president – awarded a well-paying part-time management job to her for the last 5 years. And much like the separation of congress, the judiciary, and the president being a great idea to reduce abuse and corruption in US politics – the separation of board and management company is something I find serves a like role in condominiums. If not in operation, then transparency, the separation of roles creates checks and balances on the use of condominium funds.

Speaking of which, even the board of this condominium is being denied the review of bank statements and invoices. Further, the condominium has had one audit in its 44 years history, and that was 15 years ago.

I would like to point out that the Illinois Condominium Property Act 18.5.d.1.ii shall maintain the following records for examination to any unit owner in the condominium:

 Detailed and accurate records in chronological order of the receipts and expenditures affecting the common areas, specifying and itemizing the maintenance and repair expenses of the common areas and any other expenses incurred, and copies of all contracts, leases, or other agreements entered into by the master association, shall be maintained.

The fact that the board is being denied review of the bank statements appears to be in direct contradiction to the state act. Given that legislation, refusal of sharing financial documents – with duly elected board members – raises significant and real concern over the operation of the condominium in a proper manner. This isn’t a concern for just the Thorndale Beach North condominium – but any condominium which refuses to share fiscal details.

Combined, the length of Ms. Ingold’s presidency, her role as manager, and the lack of fiscal disclosure, makes for significant concern over the financial operation and wellbeing of the condominium. It appears that all knowledge of the finances is held, and has been held for a long time, by one single person, with no public audit or disclosure on the funds.

As indicated by Robin Morgan:

Knowledge is power. Information is power. The secreting or hoarding of knowledge or information may be an act of tyranny camouflaged as humility.

I personally would never buy into the Thorndale Beach North condominium corporation because of the significant concern I have over such centralization of power in a single person.

I highly encourage reading the original article. There is also a dissident owner blog site with tasty details here. Combined, there are lots of other concerns that I haven’t touched on here, and the article and blog makes great, if not scary, reading about a condominium ruled by a single individual.

Catastrophic Condo Failure Is Not Caveat Emptor – Buyer Beware

The Bellavera Green Condo, Leduc Alberta, has suffered a massive, catastrophic, failure requiring all 150 of the residents (85 units) to vacate the premises. The reasons: code-failing fire alarm system, missing or damaged firewalls, condemned exterior staircase, non-sustained heat and electric, a second phase abandoned – unsafe and unsecured, and inability for emergency vehicles to access the building.

It is unclear who has title to the units (it’s not clear if the developer handed over title to occupied units), who to go after for costs, and the developer – Kevyn Frederick – has conveniently disappeared. As with catastrophic failures of this type, residents who have mortgages will remain responsible for their payments even if they can never return to their units, or have other costs until such time they could reside again at the Bellavera Green.

In all, 150 people (and those that rely upon them) have suffered grievous fiscal harm due to the mismanagement and greed of yet another developer. And I lay the blame clearly and solely at the foot of the developer and none others. Developers have full and final control over the building and plans. It is their choice to follow legislation, or to cut corners and ignore building codes. The rest of the infrastructure – including building inspectors – is just there to try to catch errors. But these errors are not there because they haven’t been caught; they are there at the failure of the developer. Trying to pass responsibility off on inspectors is a lot like saying “you didn’t catch me, so I’m innocent.”

That’s why fools who imply that the Bellavera Green owners who put down money and purchased mortgages have a responsibility to the failure of the condominium because of “Caveat Emptor” – or “if you were stupid enough to buy into this building then too bad for you” are pathetic and dim-witted.

The whole issue of Caveat Emptor, for a situation like this, was thrown out with Supreme Court of Canada judgement of Winnipeg Condominium Corporation No. 36 v. Bird Construction Co [1995] 1 S.V.R. 85, January 26 1995 (further discussion here):

First, it is reasonably foreseeable to contractors that, if they design or construct a building negligently and if that building contains latent defects as a result of that negligence, [purchasers] of the building may suffer personal injury or damage to other property when those defects manifest themselves.

In this case, the act of negligence: that it fails to meet code, and there is a real and true concern over devastating fire; so that personal injury or damage: the effects of such fire, that –

The reasonable likelihood that a defect in a building will cause injury to its inhabitants is also sufficient to ground a contractor’s duty in tort to subsequent purchasers of the building for the cost of repairing the defect if that defect is discovered prior to any injury and if it poses a real and substantial danger to the inhabitants of the building.

And the ruling seems to support my thought that the sole responsibility for catastrophic failures like this lay solely in the hands of the developer:

Apart from the logical force of holding contractors liable for the cost of repair of dangerous defects, a strong underlying policy justification also exists for imposing liability in these cases.  Maintaining a bar against recoverability for the cost of repair of dangerous defects provides no incentive for plaintiffs to mitigate potential losses and tends to encourage economically inefficient behaviour.  Allowing recovery against contractors in tort for the cost of repair of dangerous defects thus serves an important preventative function by encouraging socially responsible behaviour.

In the end, the owners are in for a long term amount of lost monies and (more importantly) time that will be required in moving forward with their lives. It’s a sad thing, and the province needs to put better protection in place to help stave off this type of abuse by developers in the future.

HOA Kills Established Beaver Family

Even though it was legal, posting photos of the dead beavers isn’t the way to win friends and create a great name for your HOA. It’s a great way to alienate your HOA from the rest of the community.

Fairfield Plantation HOA of Stallings, North Carolina, hired a trapper to kill a family of 6 beavers that had resided in the area for several years. The HOA president Larry Evans referred to these beavers as criminals, using the term they had been “apprehended” (nice way to say slaughtered) and that HOA members could see the “mug shots” of the (dead) beavers on the HOA site (now removed).

North Carolina appears to have a healthy population of beavers after their overhunting in 1930s. Reintroduction programs between 1939 and 1956 have brought the population back enough for an extended hunting season to be allowed on beavers.

But at the end of the day, it’s the callous action of the HOA board in failing to realize that a population of beavers, established for several years, is a part of the community. Given that, there were a multitude of other options – including berm building and other activities – that could have let the beavers continue to inhabit and contribute to the community.

With the world of Twitter, Blogs, and other tools of social media – handling this issue so poorly will (justifiably) continue to haunt the Fairfield Plantation HOA and Larry Evans for years or even decades to come. The posting of the pictures, the reference to animals acting naturally as criminals, that’s beyond the pale of proper decorum, civility, and humanity. If one cannot show restraint with the culling of beavers, why show compassion or decency anywhere else in one’s home or business dealings.

Plus, I’m Canadian, so that’s our national symbol your killing.

Residents Charged with Forging HOA President’s Signature, Stealing Gates

There will never be a shortage for the “dumb things residents do when frustrated” file on CondoFeed. Take for example Desislava Gliha and her husband John Gliha. Desislava was caught on camera buying a money order. Nothing illegal in that, unless you then forge the HOA president’s signature on it, and then use it to pay for the removal of the gates (you know – the gate part of a gated community).

Both Desislava and her husband have been charged with forgery and grand theft regarding the gate removal.

Local news video here.

As always, there’s a history of years of dispute between the owners and the HOA board, and as often happens one side (and HOAs can be asinine and juvenile as well) decides that some “real action” must be done.

Such happy news though, the gates were found and remounted, perfect for the Gliha’s to drive through when returning to their Bristol Estates home after posting bond.