http://www.summitdaily.com/news/14114410-113/polich-association-money-affidavit
"Robert Dwight Polich, 62, the longtime financial administrator for a Keystone homeowners association, was arrested on Dec. 2 and charged with embezzling about $160,000 from the HOA."
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Here we go again.
Evan McKenzie on the rise of private urban governance and the law of homeowner and condominium associations. Contact me at ecmlaw@gmail.com
Saturday, December 06, 2014
Thursday, December 04, 2014
Can condo bylaws bans on "noxious or offensive activities" be used to stifle free speech?
http://www.chicagotribune.com/classified/realestate/ct-mre-1207-condo-living-20141201-column.html
Yes, according to attorney Howard Dakoff. So how do you like that?
"A bylaws provision that prohibits noxious or offensive activities that are an annoyance or nuisance to other unit owners or occupants is a common provision. Such provisions are routinely board-enforced and upheld by courts. Unit owners have the right to free speech, but boards have the right to fine unit owners for exercising such speech if it harasses or becomes a nuisance to other owners."
Yes, according to attorney Howard Dakoff. So how do you like that?
"A bylaws provision that prohibits noxious or offensive activities that are an annoyance or nuisance to other unit owners or occupants is a common provision. Such provisions are routinely board-enforced and upheld by courts. Unit owners have the right to free speech, but boards have the right to fine unit owners for exercising such speech if it harasses or becomes a nuisance to other owners."
Golden's trash program decreases waste, upsets homeowners associations
"Golden's expansion of its pay-as-you-throw trash collection has left some homeowners associations and apartment managers unsure how they will work it into their current contracts.Pay-as-you-throw offers trash customers volume-based pricing so that they can choose to pay less for a small trash can or more for a larger one. A recycling bin is included, so the idea is that customers will recycle in order to avoid going over their chosen volume.That incentive, however, is not the same at apartment complexes where everyone puts their trash in the same container and it is hard to track who throws away more. "Our problem is that it really becomes the landlord educating the tenant," on why they should recycle, said Nancy Burke, vice president of government affairs for the Apartment Association of Metro Denver. A representative of the association spoke against the program expansion at a Nov. 13 public hearing. Residents of homeowners associations are often on the same contract, so splitting them up means added administrative work. Jim Cringler, who manages the Village at Mountain Ridge homeowners association in Golden, said that will lead to an increase in cost."
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Interesting problem for HOAs. Do they to "educate" their unit owners about the need to reduce common expenses by changing their habits and recycling more, and expect voluntary compliance? Or will property managers and boards use the usual command-and-control model to do this, and just order people to do it, or pay a fine?
Tuesday, December 02, 2014
Clueless Las Vegas HOA defense attorney can't figure out how public records became public
http://www.reviewjournal.com/news/las-vegas/hoa-defense-lawyer-probing-how-review-journal-got-now-secret-documents
Ace reporter Jeff German made it clear how he got the not-so-secret-anymore documents in the Las Vegas HOA takeover fraud case. But now a defense attorney is making noises about getting to the bottom of this non-mystery.
Ace reporter Jeff German made it clear how he got the not-so-secret-anymore documents in the Las Vegas HOA takeover fraud case. But now a defense attorney is making noises about getting to the bottom of this non-mystery.
Illinois: What to expect for condo owners in 2015
http://www.chicagotribune.com/classified/realestate/ct-mre-1207-condo-forecast-2015-20141201-story.html#page=1
Pamela McKuen expains changes in law and policy for the state of Illinois.
Pamela McKuen expains changes in law and policy for the state of Illinois.
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