Prosecutors to seek death penalty for HOA shooter | Metro Louisville - WLKY Home:
Mahmoud Yousef Hindi, a former physician, is facing two counts of murder and seven counts of wanton endangerment in the shootings at an eastern Louisville church. Prosecutors will seek execution if Hindi is convicted on the murder charges. Hindi, 55, told police he was frustrated over battles with the association and went to the Sept. 6 meeting with a loaded gun. Police say he shot 73-year-old David Merritt and 69-year-old Marvin Fisher, two association members.
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Thanks to Fred Pilot for this link to the latest development in this case.
Evan McKenzie on the rise of private urban governance and the law of homeowner and condominium associations. Contact me at ecmlaw@gmail.com
Monday, November 05, 2012
Sunday, November 04, 2012
Homeowner says HOA took down her political sign | News - Home
Homeowner says HOA took down her political sign | News - Home
A Colorado Springs resident says a member of her homeowners association took down a political sign she made because of the sign's political affiliation.
Dianne Soto made a sign supporting President Barack Obama. She said it has either been taken down, or attempted to be taken down several times. One of the people she saw tearing down the sign told her he was a board member of her HOA.
"He said that he was from Warren Management, which is our property management company for the HOA, and that he was within his rights to take it down," Soto said.
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Yet another election season political sign set to in Privatopia. Film at 10.
A Colorado Springs resident says a member of her homeowners association took down a political sign she made because of the sign's political affiliation.
Dianne Soto made a sign supporting President Barack Obama. She said it has either been taken down, or attempted to be taken down several times. One of the people she saw tearing down the sign told her he was a board member of her HOA.
"He said that he was from Warren Management, which is our property management company for the HOA, and that he was within his rights to take it down," Soto said.
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Yet another election season political sign set to in Privatopia. Film at 10.
Saturday, November 03, 2012
Romney Wants to Privatize Disaster Relief
Romney Wants to Privatize Disaster Relief
According to Bill Black, who teaches economics at the University of Missouri and is a former federal regulator. Thanks to Matt Bowler of the San Diego Union-Tribune for the link.
According to Bill Black, who teaches economics at the University of Missouri and is a former federal regulator. Thanks to Matt Bowler of the San Diego Union-Tribune for the link.
Thursday, November 01, 2012
Neighborhood says 'no' to political signs | WCNC.com Charlotte
Neighborhood says 'no' to political signs | WCNC.com Charlotte: HUNTERSVILLE, N.C. -- The Carrington Ridge neighborhood in Huntersville does not allow political signs to be placed in front yards. Still, there are some homeowners who still do it.
Bena, who asked us not to use her last name, said she didn't know about that rule until the Home Owners Association sent her a letter Monday telling her to remove the Obama/Biden sign from her yard.
"As soon as I checked the mail, I drove around the circle, right by the HOA President's house and there was his Romney-Ryan sign in his yard," Bena said.
She showed NBC Charlotte a photo she snapped during Trick or Treating on Halloween night that showed the sign still up at the HOA President's house.
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The double standard lives on in Privatopia.
Bena, who asked us not to use her last name, said she didn't know about that rule until the Home Owners Association sent her a letter Monday telling her to remove the Obama/Biden sign from her yard.
"As soon as I checked the mail, I drove around the circle, right by the HOA President's house and there was his Romney-Ryan sign in his yard," Bena said.
She showed NBC Charlotte a photo she snapped during Trick or Treating on Halloween night that showed the sign still up at the HOA President's house.
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The double standard lives on in Privatopia.
Wednesday, October 31, 2012
BBC News - Europe's oldest prehistoric town unearthed in Bulgaria
BBC News - Europe's oldest prehistoric town unearthed in Bulgaria:
Archaeologists in Bulgaria say they have uncovered the oldest prehistoric town found to date in Europe. The walled fortified settlement, near the modern town of Provadia, is thought to have been an important centre for salt production. Its discovery in north-east Bulgaria may explain the huge gold hoard found nearby 40 years ago. Archaeologists believe that the town was home to some 350 people and dates back to between 4700 and 4200 BC.
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Archaeologists in Bulgaria say they have uncovered the oldest prehistoric town found to date in Europe. The walled fortified settlement, near the modern town of Provadia, is thought to have been an important centre for salt production. Its discovery in north-east Bulgaria may explain the huge gold hoard found nearby 40 years ago. Archaeologists believe that the town was home to some 350 people and dates back to between 4700 and 4200 BC.
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Police allowed to install cameras on private property without warrant | Ars Technica
Police allowed to install cameras on private property without warrant | Ars Technica:
"A federal judge has ruled that police officers in Wisconsin did not violate the Fourth Amendment when they secretly installed cameras on private property without judicial approval. The officers installed the cameras in an open field where they suspected the defendants, Manuel Mendoza and Marco Magana, were growing marijuana. The police eventually obtained a search warrant, but not until after some potentially incriminating images were captured by the cameras. The defendants have asked the judge to suppress all images collected prior to the issuance of the search warrant."
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Interesting ruling. Warrantless surveillance cameras on private property don't violate the 4th amendment? It appears that the defendants did not offer any evidence in their motion proving that they own or lease the property. However, they posted it as if they did: "The property in question was heavily wooded, with a locked gate and "no trespassing" signs to notify strangers that they were unwelcome. But the judges found that this did not establish the "reasonable expectation of privacy" required for Fourth Amendment protection. In their view, such a rule would mean that (in the words of a key 1984 Supreme Court precedent) "police officers would have to guess before every search whether landowners had erected fences sufficiently high, posted a sufficient number of warning signs, or located contraband in an area sufficiently secluded to establish a right of privacy."
"A federal judge has ruled that police officers in Wisconsin did not violate the Fourth Amendment when they secretly installed cameras on private property without judicial approval. The officers installed the cameras in an open field where they suspected the defendants, Manuel Mendoza and Marco Magana, were growing marijuana. The police eventually obtained a search warrant, but not until after some potentially incriminating images were captured by the cameras. The defendants have asked the judge to suppress all images collected prior to the issuance of the search warrant."
------
Interesting ruling. Warrantless surveillance cameras on private property don't violate the 4th amendment? It appears that the defendants did not offer any evidence in their motion proving that they own or lease the property. However, they posted it as if they did: "The property in question was heavily wooded, with a locked gate and "no trespassing" signs to notify strangers that they were unwelcome. But the judges found that this did not establish the "reasonable expectation of privacy" required for Fourth Amendment protection. In their view, such a rule would mean that (in the words of a key 1984 Supreme Court precedent) "police officers would have to guess before every search whether landowners had erected fences sufficiently high, posted a sufficient number of warning signs, or located contraband in an area sufficiently secluded to establish a right of privacy."
Sunday, October 28, 2012
9-year-old boy’s fort causes a stir with the neighbors | www.statesman.com
9-year-old boy’s fort causes a stir with the neighbors | www.statesman.com: Nicholas Aarsvold, 9, does what little boys do: Play in the woods, throw rocks in the creek and build stuff.
However, his latest creation, a small “fort” nestled between two nandina shrubs in front of his Northwest Hills townhome, is causing a stir with some neighbors who believe it’s unsightly.
Nicholas’s fort violates the architectural rules set by the Summerwood Homeowners Association, said Stan Scheiber, the managing agent for the community of 136 townhomes near Steck Avenue, west of MoPac Boulevard. On Thursday, the association’s board of directors voted to send Ramona Aarsvold, the boy’s mother, a letter giving her 10 days to take the structure down.
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Recently a girl's pink playhouse caused a ruckus in Privatopia. Now it's a little boy's play fortress. More bad press for Privatopia. Film at 10.
However, his latest creation, a small “fort” nestled between two nandina shrubs in front of his Northwest Hills townhome, is causing a stir with some neighbors who believe it’s unsightly.
Nicholas’s fort violates the architectural rules set by the Summerwood Homeowners Association, said Stan Scheiber, the managing agent for the community of 136 townhomes near Steck Avenue, west of MoPac Boulevard. On Thursday, the association’s board of directors voted to send Ramona Aarsvold, the boy’s mother, a letter giving her 10 days to take the structure down.
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Recently a girl's pink playhouse caused a ruckus in Privatopia. Now it's a little boy's play fortress. More bad press for Privatopia. Film at 10.
Report Labels Indiana Toll Road an Intergenerational Cash Transfer
Report Labels Indiana Toll Road an Intergenerational Cash Transfer:
A College of William and Mary professor believes the toll road public-private partnerships currently in vogue among transportation bureaucrats may end up costing the public a great deal of money in the long run. John B. Gilmour makes the case in the journal Public Administration Review, using the Indiana Toll Road as an example.
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Yet more evidence that state and local governments need to be a whole lot more careful about privatization than they have been to date. The short term benefits, if any, may end up being outweighed by the long term costs.
A College of William and Mary professor believes the toll road public-private partnerships currently in vogue among transportation bureaucrats may end up costing the public a great deal of money in the long run. John B. Gilmour makes the case in the journal Public Administration Review, using the Indiana Toll Road as an example.
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Yet more evidence that state and local governments need to be a whole lot more careful about privatization than they have been to date. The short term benefits, if any, may end up being outweighed by the long term costs.
Condos now missing $1 million in accounting scandal - Connecticut Post
Condos now missing $1 million in accounting scandal - Connecticut Post:
A Westport property management firm is facing more legal trouble in a widening accounting scandal and from fallout from a string of thefts at a Greenwich apartment complex.
This week, Community Association Underwriters of America Inc. filed a lawsuit against Consolidated Management Group, of Westport, and its former controller in an attempt to recover more than $1 million missing from the bank accounts of eight condominium associations that Consolidated manages.
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All these reports, and there are too many to even keep track of these days, demonstrate that people who own units in associations have to watch their BOD and property management firm very closely; that there is a need for governmental oversight of association finances; and that this form of privatization is in need of some serious study.
A Westport property management firm is facing more legal trouble in a widening accounting scandal and from fallout from a string of thefts at a Greenwich apartment complex.
This week, Community Association Underwriters of America Inc. filed a lawsuit against Consolidated Management Group, of Westport, and its former controller in an attempt to recover more than $1 million missing from the bank accounts of eight condominium associations that Consolidated manages.
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All these reports, and there are too many to even keep track of these days, demonstrate that people who own units in associations have to watch their BOD and property management firm very closely; that there is a need for governmental oversight of association finances; and that this form of privatization is in need of some serious study.
unique urban planning in denmark | one big photo
unique urban planning in denmark | one big photo
Fascinating design--thanks to Tom Besore for the link.
Fascinating design--thanks to Tom Besore for the link.
Condo association denies plagiarism, says MCO history 'not copyrighted' - Loop North News
Condo association denies plagiarism, says MCO history 'not copyrighted' - Loop North News:
Despite word-for-word duplication of two paragraphs from Marina City Online’s comprehensive history of Marina City to a 32-page soft-cover book recently published by Marina Towers Condominium Association, the condo association at Marina City denied wrongdoing late last week, claiming “MCO has not copyrighted” any of its text.
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This is an interesting situation. I don't know what happened in Marina City, but as a university professor who reads student work all the time, I have noticed that there is far more plagiarism than there was in the past, and at the same time there is an increasing sense among the people who do it that there is nothing wrong with it. When I point out to a student that they have cut and pasted language directly from a US Supreme Court opinion into their student brief, with no attribution or quotation marks, they seem baffled to hear that this is plagiarism. They think they did nothing wrong and that I am being picky and petty when I call them on it. Why? I blame the ubiquity of the internet and the effortlessness that search engines like Google have introduced into the process of creating documents--which many people think is the same thing as writing. I think it has become so easy to cut and paste text from online sources directly into documents that it seems normal and natural to many people. They think they are writing when all they are doing is cutting and pasting. The definition of "writing" seems to have gone through some Borg-like cultural metamorphosis in which authorship has been assimilated into the internet. But the definition of plagiarism hasn't changed, and in fact it is also easier to catch it now. So far, resistance is not futile.
Despite word-for-word duplication of two paragraphs from Marina City Online’s comprehensive history of Marina City to a 32-page soft-cover book recently published by Marina Towers Condominium Association, the condo association at Marina City denied wrongdoing late last week, claiming “MCO has not copyrighted” any of its text.
--------------
This is an interesting situation. I don't know what happened in Marina City, but as a university professor who reads student work all the time, I have noticed that there is far more plagiarism than there was in the past, and at the same time there is an increasing sense among the people who do it that there is nothing wrong with it. When I point out to a student that they have cut and pasted language directly from a US Supreme Court opinion into their student brief, with no attribution or quotation marks, they seem baffled to hear that this is plagiarism. They think they did nothing wrong and that I am being picky and petty when I call them on it. Why? I blame the ubiquity of the internet and the effortlessness that search engines like Google have introduced into the process of creating documents--which many people think is the same thing as writing. I think it has become so easy to cut and paste text from online sources directly into documents that it seems normal and natural to many people. They think they are writing when all they are doing is cutting and pasting. The definition of "writing" seems to have gone through some Borg-like cultural metamorphosis in which authorship has been assimilated into the internet. But the definition of plagiarism hasn't changed, and in fact it is also easier to catch it now. So far, resistance is not futile.
Kansas City man lands in big house for embezzling from homeowners associations - Kansas City Business Journal
Kansas City man lands in big house for embezzling from homeowners associations - Kansas City Business Journal:
Dale Palmer, who owned Kansas City-based Home Owner Association Services, was sentenced to nearly four years in federal prison for embezzling from dozens of homeowners associations.
Palmer, 54, of Kansas City, faces 46 months without parole and an $825,937 restitution order. He pleaded guilty to mail fraud in February.
According to prosecutors, Palmer embezzled more than $750,000 from homeowners associations in Missouri, Kansas, Wisconsin and Illinois while he ran the property and account management service from July 2009 to March 2011.
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More embezzlement. And yet the industry keeps right on claiming that no governmental oversight is needed.
Dale Palmer, who owned Kansas City-based Home Owner Association Services, was sentenced to nearly four years in federal prison for embezzling from dozens of homeowners associations.
Palmer, 54, of Kansas City, faces 46 months without parole and an $825,937 restitution order. He pleaded guilty to mail fraud in February.
According to prosecutors, Palmer embezzled more than $750,000 from homeowners associations in Missouri, Kansas, Wisconsin and Illinois while he ran the property and account management service from July 2009 to March 2011.
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More embezzlement. And yet the industry keeps right on claiming that no governmental oversight is needed.
Saturday, October 27, 2012
Wednesday, October 24, 2012
Boonsboro, MD, woman sentenced for stealing HOA funds
Local News - AM 930 WFMD Online:
A woman who stole more than $137,000 from the Ballenger Creek Meadows Homeowners Association learned her fate on Tuesday. In Frederick County Circuit Court, Judge Ed Dwyer sentenced Nancy Walker, 63, to 15 years in jail, with all but 18-months suspended.
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There have been so many of these HOA/condo embezzlement cases in recent years that I have lost count. This one features an unusual claim: she says she needed the money for what looks like one of those Nigerian 419 scams. If this story is true (and it appears to be), it underscores the central problem at the core of this institution: great responsibilities are placed in the hands of people who too often are unqualified (intellectually, morally, or in some other way) to do what is expected of them. Imagine having your money controlled by somebody who would fall for this:
"As the investigation continued, according to the facts of the case, detectives contacted Walker, who said in April, 2011, she met a man on the Internet named David Mancini from West Virginia. She never met him in person but spoke with him over the phone. Authorities say Mancini told her that he was in a South African hospital, and needed money for medical expenses. She provided him with $50,000 from her own funds, and borrowed $30,000 from her sister. In November, 2011, Mancini contacted her and said he needed money to get out of jail in South Africa. Throughout this whole period, Mancini promised he would pay her back...Investigators told Walker that the man they spoke with was an African male, not a Caucasian as the picture she had of him indicated. "She had been tricked," according to the facts of the case."
A woman who stole more than $137,000 from the Ballenger Creek Meadows Homeowners Association learned her fate on Tuesday. In Frederick County Circuit Court, Judge Ed Dwyer sentenced Nancy Walker, 63, to 15 years in jail, with all but 18-months suspended.
--------------------
There have been so many of these HOA/condo embezzlement cases in recent years that I have lost count. This one features an unusual claim: she says she needed the money for what looks like one of those Nigerian 419 scams. If this story is true (and it appears to be), it underscores the central problem at the core of this institution: great responsibilities are placed in the hands of people who too often are unqualified (intellectually, morally, or in some other way) to do what is expected of them. Imagine having your money controlled by somebody who would fall for this:
"As the investigation continued, according to the facts of the case, detectives contacted Walker, who said in April, 2011, she met a man on the Internet named David Mancini from West Virginia. She never met him in person but spoke with him over the phone. Authorities say Mancini told her that he was in a South African hospital, and needed money for medical expenses. She provided him with $50,000 from her own funds, and borrowed $30,000 from her sister. In November, 2011, Mancini contacted her and said he needed money to get out of jail in South Africa. Throughout this whole period, Mancini promised he would pay her back...Investigators told Walker that the man they spoke with was an African male, not a Caucasian as the picture she had of him indicated. "She had been tricked," according to the facts of the case."
At Least 17 Waterville Valley Condo Groups Missing Funds | LoanSafe
At Least 17 Waterville Valley Condo Groups Missing Funds | LoanSafe: (Source: By Dave Solomon, The New Hampshire Union Leader, Manchester (MCT) WATERVILLE VALLEY —
At least 17 different condominium associations in the Waterville Valley area reported missing funds to local police last week, triggering a weekend search of the condo management company offices and an investigation that is likely to be turned over to the county attorney or attorney general for prosecution.
Waterville Valley Chief of Police David C. Noyes said the amount reported missing is “at least” in the tens of thousands of dollars. A search warrant was executed Saturday and Sunday, he said, at the offices of Stone Property Management, 35 Tecumseh Road.
“They do business with 28 different associations in town,” Noyes said. “Seventeen have come forward so far and made complaints.”
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Oops. Yet another one of those isolated instances. Nothing to see here--move along.
At least 17 different condominium associations in the Waterville Valley area reported missing funds to local police last week, triggering a weekend search of the condo management company offices and an investigation that is likely to be turned over to the county attorney or attorney general for prosecution.
Waterville Valley Chief of Police David C. Noyes said the amount reported missing is “at least” in the tens of thousands of dollars. A search warrant was executed Saturday and Sunday, he said, at the offices of Stone Property Management, 35 Tecumseh Road.
“They do business with 28 different associations in town,” Noyes said. “Seventeen have come forward so far and made complaints.”
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Oops. Yet another one of those isolated instances. Nothing to see here--move along.
Tuesday, October 23, 2012
'Party Rock Anthem' Halloween house shut down by HOA | MNN - Mother Nature Network
'Party Rock Anthem' Halloween house shut down by HOA | MNN - Mother Nature Network:
"Late last week, it occurred to me that Kevin Judd, the mastermind behind a series of absolutely bananas synchronized light shows at/on his Riverside, Calif. home over the past several years, has been awfully quiet as of late."
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Guess why? His HOA.
"Late last week, it occurred to me that Kevin Judd, the mastermind behind a series of absolutely bananas synchronized light shows at/on his Riverside, Calif. home over the past several years, has been awfully quiet as of late."
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Guess why? His HOA.

Monday, October 22, 2012
HOA fee issue likely headed back to Nevada Supreme Court - VEGAS INC
HOA fee issue likely headed back to Nevada Supreme Court - VEGAS INC
This is from October 9. It seems that the legal challenges to HOA fees and fines has been underway for some time. Investor owners (and now the Bank of America) are challenging the practices that lawyers for HOAs and condo associations have been using agains individual owners, who are unable to fight back properly. Reporter Steve Green has been writing about it on Vegas, Inc.:
"The investors, represented by Las Vegas attorneys James Adams and Puoy Premsrirut, in recent years have sued hundreds of Nevada HOAs and their collection agencies in state and federal court and before the state Real Estate Division. The investors’ attorneys claim HOAs and their collection agencies regularly file inflated liens against foreclosed homes to recover not just excessive past-due monthly HOA assessments that accumulate while the homes sit vacant, but unauthorized collection costs for those assessments as well. The liens must be paid off for the investors and other buyers to obtain titles to the homes. The investors claim state law and sometimes HOA governing documents limit the liens to an amount equaling six or nine months of assessments depending on the circumstances."
This is from October 9. It seems that the legal challenges to HOA fees and fines has been underway for some time. Investor owners (and now the Bank of America) are challenging the practices that lawyers for HOAs and condo associations have been using agains individual owners, who are unable to fight back properly. Reporter Steve Green has been writing about it on Vegas, Inc.:
"The investors, represented by Las Vegas attorneys James Adams and Puoy Premsrirut, in recent years have sued hundreds of Nevada HOAs and their collection agencies in state and federal court and before the state Real Estate Division. The investors’ attorneys claim HOAs and their collection agencies regularly file inflated liens against foreclosed homes to recover not just excessive past-due monthly HOA assessments that accumulate while the homes sit vacant, but unauthorized collection costs for those assessments as well. The liens must be paid off for the investors and other buyers to obtain titles to the homes. The investors claim state law and sometimes HOA governing documents limit the liens to an amount equaling six or nine months of assessments depending on the circumstances."
B of A sues 28 Nevada HOAs, collection agencies in lien dispute - VEGAS INC
B of A sues 28 Nevada HOAs, collection agencies in lien dispute - VEGAS INC
Here's another story on what could be a blockbuster lawsuit filed by Bank of America against 28 HOAs and other defendants. I am looking for a copy of the complaint.
"The bank filed suit Tuesday in Clark County District Court charging that state law limits the ''super-priority" first-position liens that HOAs can place against homes to an amount equal to nine months of HOA assessments -- but that the HOAs are "improperly'' filing liens demanding payment of attorney's fees and collection costs on top of that.These liens typically cover unpaid HOA assessments that accumulate while homes in foreclosure sit vacant, as well as costs to collect those unpaid bills. Charges that the HOAs and their bill collectors have been inflating the liens are pending in numerous lawsuits, with many attorneys expecting the Nevada Supreme Court or the Legislature to ultimately decide what limits should be placed on the liens..."The court should issue a judicial declaration establishing an association's super-priority lien does not include attorney's fees or collection costs. Under the plain language of (state law), only nine months of regular, budgeted common assessments are included in the super-priority amount," the suit says."
Here's another story on what could be a blockbuster lawsuit filed by Bank of America against 28 HOAs and other defendants. I am looking for a copy of the complaint.
"The bank filed suit Tuesday in Clark County District Court charging that state law limits the ''super-priority" first-position liens that HOAs can place against homes to an amount equal to nine months of HOA assessments -- but that the HOAs are "improperly'' filing liens demanding payment of attorney's fees and collection costs on top of that.These liens typically cover unpaid HOA assessments that accumulate while homes in foreclosure sit vacant, as well as costs to collect those unpaid bills. Charges that the HOAs and their bill collectors have been inflating the liens are pending in numerous lawsuits, with many attorneys expecting the Nevada Supreme Court or the Legislature to ultimately decide what limits should be placed on the liens..."The court should issue a judicial declaration establishing an association's super-priority lien does not include attorney's fees or collection costs. Under the plain language of (state law), only nine months of regular, budgeted common assessments are included in the super-priority amount," the suit says."
Bank of America sues Nevada homeowner associations over excessive fees and fines - www.ktnv.com
Bank of America sues Nevada homeowner associations - www.ktnv.com:
A North Las Vegas home that Realtor Ryan Melvin has been trying to short sell is a prime example of why Bank of America is suing HOAs across Nevada.
"This has the collection fees of almost $1500. The violations and fines of $14,500."
Almost $16,500. Mostly for fines over weeds, trash, and pine needles. All at a home that Melvin's clients moved out of and were trying to short sell with B of A.
------------
Activists have been screaming about bogus fees and fines for decades, but they don't have the means to go to war over it. But now the nation's largest banks are major owners of HOA/condo units. That means the lawyers and managers who have been the real powers in privatopia suddenly have to go up against the big dogs in the meat locker, instead of individual owners who can't afford a lawyer. And that could lead to some major changes in the way associations do business.
Thanks to Rodney Gray for publicizing this story.
A North Las Vegas home that Realtor Ryan Melvin has been trying to short sell is a prime example of why Bank of America is suing HOAs across Nevada.
"This has the collection fees of almost $1500. The violations and fines of $14,500."
Almost $16,500. Mostly for fines over weeds, trash, and pine needles. All at a home that Melvin's clients moved out of and were trying to short sell with B of A.
------------
Activists have been screaming about bogus fees and fines for decades, but they don't have the means to go to war over it. But now the nation's largest banks are major owners of HOA/condo units. That means the lawyers and managers who have been the real powers in privatopia suddenly have to go up against the big dogs in the meat locker, instead of individual owners who can't afford a lawyer. And that could lead to some major changes in the way associations do business.
Thanks to Rodney Gray for publicizing this story.
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