Some of the artists of the 60's are revising their hits with new lyrics to accommodate aging baby boomers.
They include:
Bobby Darin ---
Splish, Splash, I Was Havin' a Flash.
Herman's Hermits ---
Mrs. Brown, You've Got a Lovely Walker .
Ringo Starr ---
I Get By With a Little Help From Depends.
The Bee Gees -- -
How Can You Mend a Broken Hip..
Roberta Flack---
The First Time Ever I Forgot Your Face.
Johnny Nash ---
I Can't See Clearly Now.
Paul Simon---
Fifty Ways to Lose Your Liver
The Commodores ---
Once, Twice, Three Times to the Bathroom.
Marvin Gaye ---
Heard It Through the Grape Nuts.
Procol Harem---
A Whiter Shade of Hair.
Leo Sayer ---
You Make Me Feel Like Napping.
The Temptations ---
Papa's Got a Kidney Stone.
Abba---
Denture Queen.
Tony Orlando ---
Knock 3 Times On The Ceiling If You Hear Me Fall.
Helen Reddy ---
I Am Woman, Hear Me Snore.
Leslie Gore---
It's My Procedure, and I'll Cry If I Want To.
And Last but NOT least:����� (my favorite)
Willie Nelson --- On the Commode Again
Saturday, February 21, 2009
COMMUNITY ASSOCIATION LIVING STUDY COUNCIL
An Opinion By Jan Bergemann
President, Cyber Citizens For Justice, Inc.
Published February 20, 2009
Exactly 39 days before the COMMUNITY ASSOCIATION LIVING STUDY COUNCIL ceases to exist (according to FS 718.50151) the Council has today its first meeting -- via teleconference. And the AGENDA shows that nothing will be accomplished, besides some organizational issues. It's exactly as the DBPR and the Division of Florida Condominiums, Timeshares and Mobile Homes intended. They knew exactly what to expect from a bipartisan Council that would take its task seriously. Everybody knows that the DBPR is to blame for most of the problems in condos -- and that at a time when homeowners' associations desperately need regulation and strong enforcement. Secretary Chuck Drago rather insults Florida's taxpaying citizens who pay his and his employees salaries by making quotes like: ".... they had great things to say about the people who work here. I know that we will continue to improve the way we serve our licensees and the people of Florida . It takes great people to affect change, and we’re fortunate to have a wonderful team." Don't forget, Drago made this statement after meeting with his "customers" all over Florida, who had very little good to say about his staff!
It is a shame that these people are allowed to draw pay, paid for by Florida's citizens.
President, Cyber Citizens For Justice, Inc.
Published February 20, 2009
Exactly 39 days before the COMMUNITY ASSOCIATION LIVING STUDY COUNCIL ceases to exist (according to FS 718.50151) the Council has today its first meeting -- via teleconference. And the AGENDA shows that nothing will be accomplished, besides some organizational issues. It's exactly as the DBPR and the Division of Florida Condominiums, Timeshares and Mobile Homes intended. They knew exactly what to expect from a bipartisan Council that would take its task seriously. Everybody knows that the DBPR is to blame for most of the problems in condos -- and that at a time when homeowners' associations desperately need regulation and strong enforcement. Secretary Chuck Drago rather insults Florida's taxpaying citizens who pay his and his employees salaries by making quotes like: ".... they had great things to say about the people who work here. I know that we will continue to improve the way we serve our licensees and the people of Florida . It takes great people to affect change, and we’re fortunate to have a wonderful team." Don't forget, Drago made this statement after meeting with his "customers" all over Florida, who had very little good to say about his staff!
It is a shame that these people are allowed to draw pay, paid for by Florida's citizens.
Government Officials wear blinders part 2
It all started when Division Chief Michael Cochran made his self-serving legal interpretations and called a meeting of the Community Association Living Study Council for Friday, October 10, 2008 at 8:30 a.m., trying to sneak in his "buddies" from the former Condo Advisory Council as new members. Cochran claimed that appointments from the Condo Advisory Council are "holding over."
But the appointment offices of the Governor, Senate President and Speaker failed to make the necessary appointments to fill the seats. As of Monday, February 16, 2009, each office failed to make one appointment, despite the fact that they had plenty of time. Don't forget, H 995, the bill that created this Council, was signed by the Governor into law on May 1, 2008.
Each office failed to make one appointment apiece, leaving the Council with only 4 members:
1.) Michael Andrew, Esq., Orlando (Marriott International, Inc.) , e-mail: mike.andrew@vacationclub.com
2.) Rosa M. de la Camara, Esq., Coral Gables (Lawfirm Becker & Poliakoff), e-mail: rdelacam@becker-poliakoff.com
3.) Mark Benson, Ft. Myers (Former member of RCCAM), e-mail: mark@markrbenson.com
4.) Larry Wigdor, Boca Raton (Consumer Advocate), e-mail: wlarcar@wigdor.biz
Just a little hint: Don't apply for a seat on the Council with the Governor's office if you have dared to criticize Secretary Drago and the DBPR, even if you stated known and proven facts! Secretary Drago's buddies in the Governor's office protect him and and want everybody to wear blinders and ignore the shortcomings of Drago and the DBPR! I always thought that only ostriches [when pursued hides its head in the sand and believes itself to be unseen (Merriam Webster)] are known for this tactic!
Why do we wonder that so many things go wrong in Florida, if our government officials can't even get simple things straight? Legislators pass laws and government employees ignore them -- or derail them to make them useless!
But the appointment offices of the Governor, Senate President and Speaker failed to make the necessary appointments to fill the seats. As of Monday, February 16, 2009, each office failed to make one appointment, despite the fact that they had plenty of time. Don't forget, H 995, the bill that created this Council, was signed by the Governor into law on May 1, 2008.
Each office failed to make one appointment apiece, leaving the Council with only 4 members:
1.) Michael Andrew, Esq., Orlando (Marriott International, Inc.) , e-mail: mike.andrew@vacationclub.com
2.) Rosa M. de la Camara, Esq., Coral Gables (Lawfirm Becker & Poliakoff), e-mail: rdelacam@becker-poliakoff.com
3.) Mark Benson, Ft. Myers (Former member of RCCAM), e-mail: mark@markrbenson.com
4.) Larry Wigdor, Boca Raton (Consumer Advocate), e-mail: wlarcar@wigdor.biz
Just a little hint: Don't apply for a seat on the Council with the Governor's office if you have dared to criticize Secretary Drago and the DBPR, even if you stated known and proven facts! Secretary Drago's buddies in the Governor's office protect him and and want everybody to wear blinders and ignore the shortcomings of Drago and the DBPR! I always thought that only ostriches [when pursued hides its head in the sand and believes itself to be unseen (Merriam Webster)] are known for this tactic!
Why do we wonder that so many things go wrong in Florida, if our government officials can't even get simple things straight? Legislators pass laws and government employees ignore them -- or derail them to make them useless!
A Fishermans Philosophy
A sure way to get a bite on a slow day is:
Talk about changing spots
Prepare another rod while one is out
Lay your rod down unsecured
Go for a sandwich
Start to pull the boat anchor
Use the worst fly you own
Crack open your first beer
Crack open your last beer
Take notice of the chick on a passing boat, bank or beach
Watch others fishing
Start reeling in your lines at going home time
Give your fishing rod to a female companion or child to hold
When your landing net is out of reach
When you have cast your line over an obstruction
When you line has drifted into impossible weeds
When you turn to look at the sunrise or sunset
Decide that you need to take a leak
Talk about changing spots
Prepare another rod while one is out
Lay your rod down unsecured
Go for a sandwich
Start to pull the boat anchor
Use the worst fly you own
Crack open your first beer
Crack open your last beer
Take notice of the chick on a passing boat, bank or beach
Watch others fishing
Start reeling in your lines at going home time
Give your fishing rod to a female companion or child to hold
When your landing net is out of reach
When you have cast your line over an obstruction
When you line has drifted into impossible weeds
When you turn to look at the sunrise or sunset
Decide that you need to take a leak
Police Joke
Getting out of a Speeding Ticket.
Did you hear about the kid who was pulled over for speeding?
The cop got out of his car and the young man rolled down his window.
"I've been waiting for you all day," the cop said.
The guy replied, "Yeah, well I got here as fast as I could."
When the cop finally stopped laughing, he sent the kid on his way without a ticket.
Did you hear about the kid who was pulled over for speeding?
The cop got out of his car and the young man rolled down his window.
"I've been waiting for you all day," the cop said.
The guy replied, "Yeah, well I got here as fast as I could."
When the cop finally stopped laughing, he sent the kid on his way without a ticket.
Mr Do Nothing, Joe Hunter all next week
The week of Feb 22 thru Feb 28 will be devoted to Mr Do Nothing, Joe Hunter, you know the guy that walks on water.
Margot Stevens fireside chat
I attended Margot Stevens chat. What a waste of time. I can tell she reads my Blog to answer all the questions that was ask of her. Did she pay the $325 to rent the ballroom? NO! It all depends who you are.
Joe Hunter must go
It seems like the Lake Ashton pesticides workers are going around spraying pesticides on everybody lawns without the owners permission is OK says Joe Hunter. One of the owners went up to Joe Hunter and told him they don't want pesticides sprayed on their lawn. Two weeks later they got a letter saying you have too many nick-knacks in your back yard. Yes in their back yard. This is typical of Joe Hunter. If you complain he will get back at you in one form of another. He does nothing to help you. He is Mr Do Nothing. Joe Hunter must go.
Profound Statements
In my many years I have come to a
conclusion that one useless man is a shame, two is a law
firm and three or more
is a congress.
-- John Adams
conclusion that one useless man is a shame, two is a law
firm and three or more
is a congress.
-- John Adams
Thursday, February 19, 2009
Signs should be posted
No wonder that many homeowners' advocates claim that there should be warning signs at the entrance of many community associations:
YOU'RE LEAVING THE AMERICAN ZONE!
YOU'RE LEAVING THE AMERICAN ZONE!
CHAPTER 720.305 EFFECTIVE July 1, 2008 HOMEOWNERS' ASSOCIATIONS
720.305 Obligations of members; remedies at law or in equity; levy of fines and suspension of use rights.--
Legal Action
Prevailing Party
Fine, No Lien
Grievance Committee
Suspend Voting rights
(1) Each member and the member's tenants, guests, and invitees, and each association, are governed by, and must comply with, this chapter, the governing documents of the community, and the rules of the association. Actions at law or in equity, or both, to redress alleged failure or refusal to comply with these provisions may be brought by the association or by any member against:
(a) The association;
(b) A member;
(c) Any director or officer of an association who willfully and knowingly fails to comply with these provisions; and
(d) Any tenants, guests, or invitees occupying a parcel or using the common areas.
The prevailing party in any such litigation is entitled to recover reasonable attorney's fees and costs. A member prevailing in an action between the association and the member under this section, in addition to recovering his or her reasonable attorney's fees, may recover additional amounts as determined by the court to be necessary to reimburse the member for his or her share of assessments levied by the association to fund its expenses of the litigation. This relief does not exclude other remedies provided by law. This section does not deprive any person of any other available right or remedy.
(2) If the governing documents so provide, an association may suspend, for a reasonable period of time, the rights of a member or a member's tenants, guests, or invitees, or both, to use common areas and facilities and may levy reasonable fines, not to exceed $100 per violation, against any member or any tenant, guest, or invitee. A fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for hearing, except that no such fine shall exceed $1,000 in the aggregate unless otherwise provided in the governing documents. A fine shall not become a lien against a parcel. In any action to recover a fine, the prevailing party is entitled to collect its reasonable attorney's fees and costs from the nonprevailing party as determined by the court.
(a) A fine or suspension may not be imposed without notice of at least 14 days to the person sought to be fined or suspended and an opportunity for a hearing before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. If the committee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed.
(b) The requirements of this subsection do not apply to the imposition of suspensions or fines upon any member because of the failure of the member to pay assessments or other charges when due if such action is authorized by the governing documents.
(c) Suspension of common-area-use rights shall not impair the right of an owner or tenant of a parcel to have vehicular and pedestrian ingress to and egress from the parcel, including, but not limited to, the right to park.
(3) If the governing documents so provide, an association may suspend the voting rights of a member for the nonpayment of regular annual assessments that are delinquent in excess of 90 days.
History.--s. 37, ch. 92-49; s. 55, ch. 95-274; s. 2, ch. 97-311; s. 51, ch. 2000-258; s. 20, ch. 2004-345; s. 17, ch. 2004-353; s. 12, ch. 2007-173; s. 8, ch. 2008-202.
Note.--Former s. 617.305.
Legal Action
Prevailing Party
Fine, No Lien
Grievance Committee
Suspend Voting rights
(1) Each member and the member's tenants, guests, and invitees, and each association, are governed by, and must comply with, this chapter, the governing documents of the community, and the rules of the association. Actions at law or in equity, or both, to redress alleged failure or refusal to comply with these provisions may be brought by the association or by any member against:
(a) The association;
(b) A member;
(c) Any director or officer of an association who willfully and knowingly fails to comply with these provisions; and
(d) Any tenants, guests, or invitees occupying a parcel or using the common areas.
The prevailing party in any such litigation is entitled to recover reasonable attorney's fees and costs. A member prevailing in an action between the association and the member under this section, in addition to recovering his or her reasonable attorney's fees, may recover additional amounts as determined by the court to be necessary to reimburse the member for his or her share of assessments levied by the association to fund its expenses of the litigation. This relief does not exclude other remedies provided by law. This section does not deprive any person of any other available right or remedy.
(2) If the governing documents so provide, an association may suspend, for a reasonable period of time, the rights of a member or a member's tenants, guests, or invitees, or both, to use common areas and facilities and may levy reasonable fines, not to exceed $100 per violation, against any member or any tenant, guest, or invitee. A fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for hearing, except that no such fine shall exceed $1,000 in the aggregate unless otherwise provided in the governing documents. A fine shall not become a lien against a parcel. In any action to recover a fine, the prevailing party is entitled to collect its reasonable attorney's fees and costs from the nonprevailing party as determined by the court.
(a) A fine or suspension may not be imposed without notice of at least 14 days to the person sought to be fined or suspended and an opportunity for a hearing before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. If the committee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed.
(b) The requirements of this subsection do not apply to the imposition of suspensions or fines upon any member because of the failure of the member to pay assessments or other charges when due if such action is authorized by the governing documents.
(c) Suspension of common-area-use rights shall not impair the right of an owner or tenant of a parcel to have vehicular and pedestrian ingress to and egress from the parcel, including, but not limited to, the right to park.
(3) If the governing documents so provide, an association may suspend the voting rights of a member for the nonpayment of regular annual assessments that are delinquent in excess of 90 days.
History.--s. 37, ch. 92-49; s. 55, ch. 95-274; s. 2, ch. 97-311; s. 51, ch. 2000-258; s. 20, ch. 2004-345; s. 17, ch. 2004-353; s. 12, ch. 2007-173; s. 8, ch. 2008-202.
Note.--Former s. 617.305.
Lawsuits Part 3
We always hear board members, attorneys and managers demanding more power and reinstatement of liens and foreclosures for fines. The last one I heard demanding more power for association boards was Kenneth Lassiter, 1. Vice President of COBWRA (COALITION OF BOYNTON WEST RESIDENTIAL ASSOCIATIONS, INC. at the CCFJ Town Hall Meeting in Boca Raton on January 31, 2009.
Our US Constitution allows GOVERNMENT ENTITIES to fine its citizens. Supreme Courts in Virginia and Rhode Island already held that fining by community associations is unconstitutional. As we all know, latest since the BATTLE AT TWIN RIVERS, association boards and their attorneys fight against homeowners' associations being considered government entities, because suddenly all the board members could be held accountable for their actions -- and in Florida the SUNSHINE LAW would apply. But NO, they want unrestricted power -- even to take a family's home away by foreclosure -- without being held accountable for any wrongdoing!!
I have nothing against power to uphold the laws, but this power can only be in the hands of people who can be as well held accountable for their actions!
But the shenanigans as seen in this letter (and many others) just have to stop!
This is HIGHWAY ROBBERY rather than anything else!
There shouldn't even be an argument!
FS 720.305
(1) Each member and the member's tenants, guests, and invitees, and each association, are governed by, and must comply with, this chapter, the governing documents of the community, and the rules of the association. Actions at law or in equity, or both, to redress alleged failure or refusal to comply with these provisions may be brought by the association or by any member against:
(a) The association;
(b) A member;
c) Any director or officer of an association who willfully and knowingly fails to comply with these provisions; and
d) Any tenants, guests, or invitees occupying a parcel or using the common areas.
The prevailing party in any such litigation is entitled to recover reasonable attorney's fees and costs. A member prevailing in an action between the association and the member under this section, in addition to recovering his or her reasonable attorney's fees, may recover additional amounts as determined by the court to be necessary to reimburse the member for his or her share of assessments levied by the association to fund its expenses of the litigation. This relief does not exclude other remedies provided by law. This section does not deprive any person of any other available right or remedy.
2) If the governing documents so provide, an association may suspend, for a reasonable period of time, the rights of a member or a member's tenants, guests, or invitees, or both, to use common areas and facilities and may levy reasonable fines, not to exceed $100 per violation, against any member or any tenant, guest, or invitee. A fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for hearing, except that no such fine shall exceed $1,000 in the aggregate unless otherwise provided in the governing documents. A fine shall not become a lien against a parcel. In any action to recover a fine, the prevailing party is entitled to collect its reasonable attorney's fees and costs from the nonprevailing party as determined by the court.
(a) A fine or suspension may not be imposed without notice of at least 14 days to the person sought to be fined or suspended and an opportunity for a hearing before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. If the committee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed.
COMPLETE FS 720.305
Our US Constitution allows GOVERNMENT ENTITIES to fine its citizens. Supreme Courts in Virginia and Rhode Island already held that fining by community associations is unconstitutional. As we all know, latest since the BATTLE AT TWIN RIVERS, association boards and their attorneys fight against homeowners' associations being considered government entities, because suddenly all the board members could be held accountable for their actions -- and in Florida the SUNSHINE LAW would apply. But NO, they want unrestricted power -- even to take a family's home away by foreclosure -- without being held accountable for any wrongdoing!!
I have nothing against power to uphold the laws, but this power can only be in the hands of people who can be as well held accountable for their actions!
But the shenanigans as seen in this letter (and many others) just have to stop!
This is HIGHWAY ROBBERY rather than anything else!
There shouldn't even be an argument!
FS 720.305
(1) Each member and the member's tenants, guests, and invitees, and each association, are governed by, and must comply with, this chapter, the governing documents of the community, and the rules of the association. Actions at law or in equity, or both, to redress alleged failure or refusal to comply with these provisions may be brought by the association or by any member against:
(a) The association;
(b) A member;
c) Any director or officer of an association who willfully and knowingly fails to comply with these provisions; and
d) Any tenants, guests, or invitees occupying a parcel or using the common areas.
The prevailing party in any such litigation is entitled to recover reasonable attorney's fees and costs. A member prevailing in an action between the association and the member under this section, in addition to recovering his or her reasonable attorney's fees, may recover additional amounts as determined by the court to be necessary to reimburse the member for his or her share of assessments levied by the association to fund its expenses of the litigation. This relief does not exclude other remedies provided by law. This section does not deprive any person of any other available right or remedy.
2) If the governing documents so provide, an association may suspend, for a reasonable period of time, the rights of a member or a member's tenants, guests, or invitees, or both, to use common areas and facilities and may levy reasonable fines, not to exceed $100 per violation, against any member or any tenant, guest, or invitee. A fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for hearing, except that no such fine shall exceed $1,000 in the aggregate unless otherwise provided in the governing documents. A fine shall not become a lien against a parcel. In any action to recover a fine, the prevailing party is entitled to collect its reasonable attorney's fees and costs from the nonprevailing party as determined by the court.
(a) A fine or suspension may not be imposed without notice of at least 14 days to the person sought to be fined or suspended and an opportunity for a hearing before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. If the committee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed.
COMPLETE FS 720.305
Lawsuits Part 2
PLEASE NOTE THAT THE FEES AND COSTS REFERENCED IN THIS DEMAND LETTER ARE THOSE INCURRED TO DATE. YOU ARE RESPONSIBLE FOR ALL FEES AND COSTS THE ASSOCIATION INCURS TO COMPEL YOUR COMPLIANCE WITH THE DECLARATION. YOU MUST FIRST CORRECT THE VIOLATION(S) AS DETAILED HEREIN, AND THEN REIMBURSE THE ASSOCIATION FOR ALL FEES AND COSTS INCURRED. IF YOU DISPUTE THE VIOLATION(S), YOU DO SO AT YOUR OWN RISK. IF YOU CHOOSE TO CORRECT THE VIOLATION(S) AND PAY ALL FEES AND COSTS INCURRED, CORRECT THE VIOLATION(S) FIRST, CONTACT US IN WRITING TO INDICATE YOU HAVE FULLY CORRECTED THE VIOLATION(S), AND WE WILL THEN CONFIRM THAT THE VIOLATION(S) HAS BEEN CORRECTED AND PROVIDE YOU WITH THE TOTAL AMOUNT OF FEES AND COSTS WHICH MUST BE REIMBURSED.
That surely should scare every homeowner who respects his/her wallet. But if that's not enough -- here comes the heavy threat:
"Assessments for which one or more Owners (but not less than all Owners) within Manchester Neighborhood is subject ("Individual Assessments") such as costs of special services provided to a Home or Owner or cost relating to enforcement of the provisions of this Declaration or the architectural provisions hereof as it relates to a particular Owner or Home... The lien for an Individual Assessment may be foreclosed in the same manner as any other Assessment." [emphasis added]
In other words, if you don't submit payment of the amount demanded you, and your family are soon sleeping under the bridge!
Oh, before I forget: This doesn't work if the homeowner hires an attorney and proves that the whole "violation" was bogus. Then association boards and their attorneys claim that now FS 720.305 applies: "The prevailing party in any such litigation is entitled to recover reasonable attorney's fees and costs." And since there was no litigation the owner has no right to recover attorney's fees!
This way of collecting money for alleged violations of deed restrictions is clearly circumventing the legislative intent of FS 720.305 (as amended in 2004). The emphasis of the provision that allows collection of legal fees is on PREVAILING -- clearly not meant to allow collection of legal fees without needed proof of actual violation. And, as we all know, legal fees can't be collected with the help of lien and foreclosure if the home is homestead protected.
[GEORGE ANDRES and ANNA ANDRES, Appellants, v. INDIAN CREEK PHASE III-B HOMEOWNER'S ASSOCIATION, Appellee]
But sending these kinds of letters is very effective because they are phrased to intimidate the homeowners. Especially the elderly are afraid of attorneys threatening with liens and foreclosures. Most of them pay no matter if right or wrong! And that is the whole idea behind this way of doing business. The attorneys get quite some extra income -- high-priced form letters printed by a computer -- and boards use it to intimidate owners who dare to contradict their way of doing business. "Don't speak up at the board meeting -- or you receive a violation letter from our attorney and you have to pay the legal fees, no matter if the alleged violation was just bogus!"
Is this what our society stands for? I surely hope not!
That surely should scare every homeowner who respects his/her wallet. But if that's not enough -- here comes the heavy threat:
"Assessments for which one or more Owners (but not less than all Owners) within Manchester Neighborhood is subject ("Individual Assessments") such as costs of special services provided to a Home or Owner or cost relating to enforcement of the provisions of this Declaration or the architectural provisions hereof as it relates to a particular Owner or Home... The lien for an Individual Assessment may be foreclosed in the same manner as any other Assessment." [emphasis added]
In other words, if you don't submit payment of the amount demanded you, and your family are soon sleeping under the bridge!
Oh, before I forget: This doesn't work if the homeowner hires an attorney and proves that the whole "violation" was bogus. Then association boards and their attorneys claim that now FS 720.305 applies: "The prevailing party in any such litigation is entitled to recover reasonable attorney's fees and costs." And since there was no litigation the owner has no right to recover attorney's fees!
This way of collecting money for alleged violations of deed restrictions is clearly circumventing the legislative intent of FS 720.305 (as amended in 2004). The emphasis of the provision that allows collection of legal fees is on PREVAILING -- clearly not meant to allow collection of legal fees without needed proof of actual violation. And, as we all know, legal fees can't be collected with the help of lien and foreclosure if the home is homestead protected.
[GEORGE ANDRES and ANNA ANDRES, Appellants, v. INDIAN CREEK PHASE III-B HOMEOWNER'S ASSOCIATION, Appellee]
But sending these kinds of letters is very effective because they are phrased to intimidate the homeowners. Especially the elderly are afraid of attorneys threatening with liens and foreclosures. Most of them pay no matter if right or wrong! And that is the whole idea behind this way of doing business. The attorneys get quite some extra income -- high-priced form letters printed by a computer -- and boards use it to intimidate owners who dare to contradict their way of doing business. "Don't speak up at the board meeting -- or you receive a violation letter from our attorney and you have to pay the legal fees, no matter if the alleged violation was just bogus!"
Is this what our society stands for? I surely hope not!
Lawsuits
An Opinion By Jan Bergemann
President, Cyber Citizens For Justice, Inc.
Published February 17, 2009
Do you wonder why so many lawsuits are filed in homeowners' associations?
The explanation is relatively simple.
Actually, there are three main reasons:
1.) Our government allowed these community associations to be created and created lengthy, but very vague, statutes, but -- on purpose -- left out any easy way of enforcing these statutes.
2.) Total lack of regulation.
3.) Power hunger and/or greed are creating dictatorships within our society.
And the so-called professionals -- attorneys and management firms -- are using their power and "knowledge" to manipulate gullible board members for their own financial gain.
Let's face it: Since Governor Jeb Bush's HOA Task Force (S 1184) eliminated liens and foreclosure for fines, law firms are working hard to find ways to circumvent this law. Finicky interpretations of the law, prepared by lawyers looking for loopholes to increase their billing, are being used to squeeze money out of unsuspecting homeowners.
How would you feel if you get a letter accusing you of violating the deed restrictions, demanding immediate payment of attorney's fees, no matter if the accusation turns out to be right or wrong! You might call it whatever you want -- I call it HIGHWAY ROBBERY -- covered up by legal mumbo-jumbo!
Just read the following parts of a "DEMAND LETTER" sent out by Frank A. Ruggieri, Esq., from the law firm of Larsen & Associates, P.A. in Orlando.
Once again, in accordance with Section 8.2.5 of the Amended and Restated Declaration for Manchester at Kings Ridge, you are responsible for all attorneys' fees and costs incurred by the Association from this Law Firm for our involvement in enforcing its covenants which you are violating as stated above. Accordingly, in addition to correcting the covenant violation set forth above, you must remit payment to Larsen & Associates, P.A., in the amount of $232.00 made payable to the Manchester at Kings Ridge Homeowners Association, Inc., within thirty (30) days from the date of this notice.
President, Cyber Citizens For Justice, Inc.
Published February 17, 2009
Do you wonder why so many lawsuits are filed in homeowners' associations?
The explanation is relatively simple.
Actually, there are three main reasons:
1.) Our government allowed these community associations to be created and created lengthy, but very vague, statutes, but -- on purpose -- left out any easy way of enforcing these statutes.
2.) Total lack of regulation.
3.) Power hunger and/or greed are creating dictatorships within our society.
And the so-called professionals -- attorneys and management firms -- are using their power and "knowledge" to manipulate gullible board members for their own financial gain.
Let's face it: Since Governor Jeb Bush's HOA Task Force (S 1184) eliminated liens and foreclosure for fines, law firms are working hard to find ways to circumvent this law. Finicky interpretations of the law, prepared by lawyers looking for loopholes to increase their billing, are being used to squeeze money out of unsuspecting homeowners.
How would you feel if you get a letter accusing you of violating the deed restrictions, demanding immediate payment of attorney's fees, no matter if the accusation turns out to be right or wrong! You might call it whatever you want -- I call it HIGHWAY ROBBERY -- covered up by legal mumbo-jumbo!
Just read the following parts of a "DEMAND LETTER" sent out by Frank A. Ruggieri, Esq., from the law firm of Larsen & Associates, P.A. in Orlando.
Once again, in accordance with Section 8.2.5 of the Amended and Restated Declaration for Manchester at Kings Ridge, you are responsible for all attorneys' fees and costs incurred by the Association from this Law Firm for our involvement in enforcing its covenants which you are violating as stated above. Accordingly, in addition to correcting the covenant violation set forth above, you must remit payment to Larsen & Associates, P.A., in the amount of $232.00 made payable to the Manchester at Kings Ridge Homeowners Association, Inc., within thirty (30) days from the date of this notice.
FORCED TO PAY ATTORNEY'S FEES
NO MATTER IF RIGHT OR WRONG!
February 18, 2009
Dear Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Senators, Dear State Representatives, Friends and Members,
Community Associations turn more and more into dictatorial financial traps for owners, caused by the lack of efficient legislation and enforcement of our laws. Some Florida legislators should be ashamed for sponsoring bills to even promote dictatorships and help to squash owners' constitutional rights. Property rights -- long gone in community associations! The stupid excuse: "You signed a contract" is about as ridiculous as it comes: Did the deed-restrictions or bylaws you initialed at time of purchase say that you have to pay attorney's fees for a violation letter written by a lawyer -- no matter if the alleged violation turns up to be bogus?
Read here about the latest legal scam, introduced after 2004, when the law (Senator Atwater's HOA bill S 1184) stopped the abusive method of collecting fines through liens and foreclosures. Hidden in some of this year's bills the attorney lobbying groups are trying to reintroduce it. Methods of a Banana Republic! Now they even want to remove board members for unpaid fines. Meaning: Majority board members fine a board member -- no proof necessary -- and can officially remove him/her if the "fine" isn't paid! I call it BLACKMAIL: Either you pay the unjust fine or you are no longer a board member! Another obvious attempt to squash free speech in community associations.
I can understand the attorneys' position: GREED -- but I will never understand the legislators supporting this!
February 18, 2009
Dear Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Senators, Dear State Representatives, Friends and Members,
Community Associations turn more and more into dictatorial financial traps for owners, caused by the lack of efficient legislation and enforcement of our laws. Some Florida legislators should be ashamed for sponsoring bills to even promote dictatorships and help to squash owners' constitutional rights. Property rights -- long gone in community associations! The stupid excuse: "You signed a contract" is about as ridiculous as it comes: Did the deed-restrictions or bylaws you initialed at time of purchase say that you have to pay attorney's fees for a violation letter written by a lawyer -- no matter if the alleged violation turns up to be bogus?
Read here about the latest legal scam, introduced after 2004, when the law (Senator Atwater's HOA bill S 1184) stopped the abusive method of collecting fines through liens and foreclosures. Hidden in some of this year's bills the attorney lobbying groups are trying to reintroduce it. Methods of a Banana Republic! Now they even want to remove board members for unpaid fines. Meaning: Majority board members fine a board member -- no proof necessary -- and can officially remove him/her if the "fine" isn't paid! I call it BLACKMAIL: Either you pay the unjust fine or you are no longer a board member! Another obvious attempt to squash free speech in community associations.
I can understand the attorneys' position: GREED -- but I will never understand the legislators supporting this!
White Pride
This is great. I have been wondering about why Whites are racists, and no other race is.....
Proud to be White
Michael Richards makes his point...............
Michael Richards better known as Kramer from TVs Seinfeld does make a good point.
This was his defense speech in court after making racial comments in his comedy act. He makes some very interesting points...
Someone finally said it. How many are actually paying attention to this? There are African Americans, Mexican Americans, Asian Americans, Arab Americans, etc.
And then there are just Americans. You pass me on the street and sneer in my direction. You call me 'White boy,' 'Cracker,' 'Honkey,' 'Whitey,' 'Caveman'... And that's OK.
But when I call you, Nigger, Kike, Towel head, Sand-nigger, Camel Jockey, Beaner, Gook, or Chink .. You call me a racist.
You say that whites commit a lot of violence against you... So why are the ghettos the most dangerous places to live?
You have the United Negro College Fund. You have Martin Luther King Day.
You have Black History Month. You have Cesar Chavez Day.
You have Yom Hashoah. You have Ma'uled Al-Nabi.
You have the NAACP. You have BET... If we had WET (White Entertainment Television), we'd be racists. If we had a White Pride Day, you would call us racists.
If we had White History Month, we'd be racists.
If we had any organization for only whites to 'advance' OUR lives, we'd be racists.
We have a Hispanic Chamber of Commerce, a Black Chamber of Commerce, and then we just have the plain Chamber of Commerce.. Wonder who pays for that??
A white woman could not be in the Miss Black American pageant, but any color can be in the Miss America pageant.
If we had a college fund that only gave white students scholarships... You know we'd be racists.
There are over 60 openly proclaimed Black Colleges in the US . Yet if there were 'White colleges', that would be a racist college.
In the Million Man March, you believed that you were marching for your race and rights. If we marched for our race and rights, you would call us racists.
You are proud to be black, brown, yellow and orange, and you're not afraid to announce it. But when we announce our white pride, you call us racists.
You rob us, carjack us, and shoot at us. But, when a white police officer shoots a black gang member or beats up a black drug dealer running from the law and posing a threat to society, you call him a racist..
I am proud... But you call me a racist.
Why is it that only whites can be racists??
There is nothing improper about this e-mail. Let's see which of you are proud enough to send it on. I sadly don't think many will. That's why we haveLOST most of OUR RIGHTS in this country. We won't stand up for ourselves!
BE PROUD TO BE WHITE!
It's not a crime YET..... But GE tting very close!
It is estimated that ONLY 5% of those reaching this point in this e-mail, will pass it on.
Proud to be White
Michael Richards makes his point...............
Michael Richards better known as Kramer from TVs Seinfeld does make a good point.
This was his defense speech in court after making racial comments in his comedy act. He makes some very interesting points...
Someone finally said it. How many are actually paying attention to this? There are African Americans, Mexican Americans, Asian Americans, Arab Americans, etc.
And then there are just Americans. You pass me on the street and sneer in my direction. You call me 'White boy,' 'Cracker,' 'Honkey,' 'Whitey,' 'Caveman'... And that's OK.
But when I call you, Nigger, Kike, Towel head, Sand-nigger, Camel Jockey, Beaner, Gook, or Chink .. You call me a racist.
You say that whites commit a lot of violence against you... So why are the ghettos the most dangerous places to live?
You have the United Negro College Fund. You have Martin Luther King Day.
You have Black History Month. You have Cesar Chavez Day.
You have Yom Hashoah. You have Ma'uled Al-Nabi.
You have the NAACP. You have BET... If we had WET (White Entertainment Television), we'd be racists. If we had a White Pride Day, you would call us racists.
If we had White History Month, we'd be racists.
If we had any organization for only whites to 'advance' OUR lives, we'd be racists.
We have a Hispanic Chamber of Commerce, a Black Chamber of Commerce, and then we just have the plain Chamber of Commerce.. Wonder who pays for that??
A white woman could not be in the Miss Black American pageant, but any color can be in the Miss America pageant.
If we had a college fund that only gave white students scholarships... You know we'd be racists.
There are over 60 openly proclaimed Black Colleges in the US . Yet if there were 'White colleges', that would be a racist college.
In the Million Man March, you believed that you were marching for your race and rights. If we marched for our race and rights, you would call us racists.
You are proud to be black, brown, yellow and orange, and you're not afraid to announce it. But when we announce our white pride, you call us racists.
You rob us, carjack us, and shoot at us. But, when a white police officer shoots a black gang member or beats up a black drug dealer running from the law and posing a threat to society, you call him a racist..
I am proud... But you call me a racist.
Why is it that only whites can be racists??
There is nothing improper about this e-mail. Let's see which of you are proud enough to send it on. I sadly don't think many will. That's why we haveLOST most of OUR RIGHTS in this country. We won't stand up for ourselves!
BE PROUD TO BE WHITE!
It's not a crime YET..... But GE tting very close!
It is estimated that ONLY 5% of those reaching this point in this e-mail, will pass it on.
Wednesday, February 18, 2009
Brain Dead residents for Joe Hunter
All Residents that voted No for Joe Hunter, Please tell me why this do nothing Joe Hunter is so great a dictator here at Lake Ashton. Why is he so great? Please E-Mail me at lakeashtontalk@yahoo.com and state your views! All view will be published on the Blog. If you do not state your view then your vote does not count.
L A Maintenance Men have right of way
Al Biermann lives at 4420 Turnberry Lane says the Lake Ashton Maintenance Men continue to trespass thou his property so he went to Joe Hunter and made his complain. Joe Hunter just sat there and listen and said he could do nothing. This is what he says to everyone, nothing. If you need help, don't waste your time going to Joe Hunter, he just laughs at you and he makes you feel like and idiot. All Employees of Lake Ashton are Saints. Al says next time he is going to call the police and file a trespassing report to the police. Al Biermann is running for the HOA Board. Look at the Blog poll, I guess the residents love do nothing dictator Joe Hunter who walks on water. I give up, give me a break. There are a lot of residents who are brain dead.
Monday, February 16, 2009
NEWS WANTED
ANY NEWS YOU MIGHT HAVE PLEASE E-MAIL TO lakeashtontalk@yahoo.com Your name will not be listed.
Foreclosures
The phrase I have heard most frequently regarding foreclosures and declining property value is “death spiral”.
Homeowners increasingly have “upside down” mortgages- they owe more than their properties are worth.
With increasing foreclosures, homeowner associations ultimately face the choice between not maintaining the common property, or levying special assessments which homeowners can’t afford. Increased assessments then lead to more delinquencies and foreclosures, further depressing property value.
Florida is especially hard hit. In 2008, California and Florida accounted for nearly half of all the foreclosures filed. The crisis started with subprime mortgages– no-doc loans (no proof of income required), and high risk loans -- causing a flood of bad debt. But the problem has spiraled far beyond that.
On December 14, 2008, a program on CBS’s “60 Minutes” discussed the second wave of foreclosures. Mortgage defaults on ALT-A and Option ARMs mortgages are expected to dwarf the subprime mortgage crisis.
The declining economy and rising unemployment further aggravate the problem.
On Jan. 19 of this year, an article in The South Florida Business Journal suggested that South Florida foreclosure filings could double in 2009.
To make matters worse, Fannie Mae – which buys mortgages and funds loans, owning about half of the mortgages in Florida- tightened lending requirements on January 15. It will no longer fund loans in condo developments where 15% of the total number of units are late in assessments by 30 days or more. This will affect lending for purchases and refinancing of condo units, and make it even harder to sell condos, leading to further depressed home values and foreclosures. Although this now applies to only condos, it would not be surprising to see a constricting of HOA lending, as well – especially those with significant common property or shared facilities.
What can a homeowner or association do?
The obvious remedy is to reduce the number of foreclosures. How? Congress is looking at ways to help, but beyond of making plenty of phone calls to your legislators, what can homeowners and associations do?
HOMEOWNERS - If you are a homeowner facing a financial crisis and having trouble paying your mortgage, there are a number of resources available to help.
1. HUD (Dept of Housing and Urban Development) has a great webpage with links and suggestions for avoiding foreclosure . See www.hud.gov/foreclosure.
2. The Florida Bar has a program called “Florida Attorneys Saving Homes” and a toll-free hotline 866-607-2187. Homeowners who fear they won’t soon be able to make their mortgage payments or who have already missed payments but are not yet in foreclosure are urged to call.
3. Florida H.O.P.E. for Palm Beach County residents at http://www.mariasachs.com .
4. Do not quit paying assessments – if you are trying to renegotiate a mortgage or are considering short sale or even deed in lieu of foreclosure, you won’t want a personal judgment against you for assessments. Florida law allows HOAs to seek either a personal judgment for late assessments, or a foreclosure (or a combination of the two remedies). The Florida Asset Protection Blog, which is maintained by a north Florida attorney representing debtors, now cautions people on this issue. Failure to pay assessments may result in a personal judgment and garnishment of wages or other collection procedures.
ASSOCIATIONS:
1. Establish priorities. How much “property value” is added by spending $35,000 on legal fees to force a homeowner to paint their home “White Dogwood” instead of “Abalone Shell”, for example? When I see boards suing their neighbors to enforce rules that are often based on the personal preference of a board member and not on any objective criteria, I know something is wrong. When I see it in this economy….board members should be – as Vice President Biden said about executives receiving fat bonues while taking taxpayer money – thrown in the brig. Or the HOA equivalent thereof.
2. Support homeowner friendly legislative changes.
lender liability for assessments-- Lenders routinely escrow for taxes, and most mortgage contracts reserve the right to escrow for assessments, as well. Lenders that foreclose on a property still have to sell it. In other words, they benefit from the assessments – just like everyone else. The law now allows a lender to escape most of the delinquent assessments, and treats lenders differently from any other purchaser. These are the same banks that received your bailout money. Now that taxpayers are footing some of the bill, we should demand that lenders pay their fair share;
*
DUE PROCESS /FIRST NOTICE BY CERTIFIED MAIL- important to the homeowners and the association as a whole. Why would an association want to make it less likely to be paid? Give the homeowner a fair chance to pay, before incurring additional “administrative” or legal fees. I have seen too many instances where boards do not notify a homeowner of late assessments, until after the account has been sent to the attorneys for collection. Or conversely, boards that have sent a letter, but the homeowner denies receiving it and then complains about the additional fees. There is a simple answer to this. Require a first communication to the homeowner to be mailed by certified mail, and prohibit the association from charging anything other than interest or the late fee as allowed by statute (or the Declaration, if a lower amount).
*
Urge your legislators to define the “costs of collection” charged to the homeowner – does this include $200 “administrative fee” by the property manager, before the account is sent to the attorney for collection? It shouldn’t.
3. CONSIDER COLLECTION OPTIONS ON A CASE-BY-CASE BASIS.
The Board has a fiduciary duty to collect assessments, to maintain common property. To do nothing to collect for assessments (unless you are dissolving the association) is asking for trouble. This is especially true in a large association.
On the other hand, does it make sense to spend $2,000 in fees and costs to foreclose $200 in assessments, where there is no equity in the property, and when the first priority lender is foreclosing anyway?
The board needs to make a business decision, considering the benefits and costs.
The Board should not delegate its responsibility. The Board should decide whether or not to pursue a foreclosure action – not a property manager or association attorney. Professionals can offer suggestions or advice, but it is the Board’s responsibility to make business decisions applying clear and consistent criteria. Economics, practicality and the law are all factors to consider.
Protect the association’s interest by recording a lien; under current law, the HOA lien is good for 5 years, and there may not be an immediate need to foreclose.
*
Where there is an expected or pending mortgage foreclosure, it may be advisable to wait on filing an assessment foreclosure;
*
Consider other options – With delays in mortgage foreclosure process reaching into years, rather than months, some associations are considering the option of pursuing a personal judgment in small claims court.
In summary, the Board should discuss their options with the association attorney and understand the costs and benefits before proceeding. If an attorney tells you that he or she should always proceed to foreclose, even in this environment – find another attorney.
Find out what litigation is pending by or against your association. Ask your board to explain their reasons for litigating ANY matter. Did your Board consider both the costs and benefits? How likely is a successful outcome to improve property value? While some issues in pending litigation may be privileged, homeowners have a right to know the number of lawsuits to which the Association is a party and the matters that are being litigated. If your association is paying $400 an hour to sue your neighbor over his “White Dogwood” paint color, you have a right to know.
In this economy, it is more important than ever to know how your association funds are being spent.
Homeowners increasingly have “upside down” mortgages- they owe more than their properties are worth.
With increasing foreclosures, homeowner associations ultimately face the choice between not maintaining the common property, or levying special assessments which homeowners can’t afford. Increased assessments then lead to more delinquencies and foreclosures, further depressing property value.
Florida is especially hard hit. In 2008, California and Florida accounted for nearly half of all the foreclosures filed. The crisis started with subprime mortgages– no-doc loans (no proof of income required), and high risk loans -- causing a flood of bad debt. But the problem has spiraled far beyond that.
On December 14, 2008, a program on CBS’s “60 Minutes” discussed the second wave of foreclosures. Mortgage defaults on ALT-A and Option ARMs mortgages are expected to dwarf the subprime mortgage crisis.
The declining economy and rising unemployment further aggravate the problem.
On Jan. 19 of this year, an article in The South Florida Business Journal suggested that South Florida foreclosure filings could double in 2009.
To make matters worse, Fannie Mae – which buys mortgages and funds loans, owning about half of the mortgages in Florida- tightened lending requirements on January 15. It will no longer fund loans in condo developments where 15% of the total number of units are late in assessments by 30 days or more. This will affect lending for purchases and refinancing of condo units, and make it even harder to sell condos, leading to further depressed home values and foreclosures. Although this now applies to only condos, it would not be surprising to see a constricting of HOA lending, as well – especially those with significant common property or shared facilities.
What can a homeowner or association do?
The obvious remedy is to reduce the number of foreclosures. How? Congress is looking at ways to help, but beyond of making plenty of phone calls to your legislators, what can homeowners and associations do?
HOMEOWNERS - If you are a homeowner facing a financial crisis and having trouble paying your mortgage, there are a number of resources available to help.
1. HUD (Dept of Housing and Urban Development) has a great webpage with links and suggestions for avoiding foreclosure . See www.hud.gov/foreclosure.
2. The Florida Bar has a program called “Florida Attorneys Saving Homes” and a toll-free hotline 866-607-2187. Homeowners who fear they won’t soon be able to make their mortgage payments or who have already missed payments but are not yet in foreclosure are urged to call.
3. Florida H.O.P.E. for Palm Beach County residents at http://www.mariasachs.com .
4. Do not quit paying assessments – if you are trying to renegotiate a mortgage or are considering short sale or even deed in lieu of foreclosure, you won’t want a personal judgment against you for assessments. Florida law allows HOAs to seek either a personal judgment for late assessments, or a foreclosure (or a combination of the two remedies). The Florida Asset Protection Blog, which is maintained by a north Florida attorney representing debtors, now cautions people on this issue. Failure to pay assessments may result in a personal judgment and garnishment of wages or other collection procedures.
ASSOCIATIONS:
1. Establish priorities. How much “property value” is added by spending $35,000 on legal fees to force a homeowner to paint their home “White Dogwood” instead of “Abalone Shell”, for example? When I see boards suing their neighbors to enforce rules that are often based on the personal preference of a board member and not on any objective criteria, I know something is wrong. When I see it in this economy….board members should be – as Vice President Biden said about executives receiving fat bonues while taking taxpayer money – thrown in the brig. Or the HOA equivalent thereof.
2. Support homeowner friendly legislative changes.
lender liability for assessments-- Lenders routinely escrow for taxes, and most mortgage contracts reserve the right to escrow for assessments, as well. Lenders that foreclose on a property still have to sell it. In other words, they benefit from the assessments – just like everyone else. The law now allows a lender to escape most of the delinquent assessments, and treats lenders differently from any other purchaser. These are the same banks that received your bailout money. Now that taxpayers are footing some of the bill, we should demand that lenders pay their fair share;
*
DUE PROCESS /FIRST NOTICE BY CERTIFIED MAIL- important to the homeowners and the association as a whole. Why would an association want to make it less likely to be paid? Give the homeowner a fair chance to pay, before incurring additional “administrative” or legal fees. I have seen too many instances where boards do not notify a homeowner of late assessments, until after the account has been sent to the attorneys for collection. Or conversely, boards that have sent a letter, but the homeowner denies receiving it and then complains about the additional fees. There is a simple answer to this. Require a first communication to the homeowner to be mailed by certified mail, and prohibit the association from charging anything other than interest or the late fee as allowed by statute (or the Declaration, if a lower amount).
*
Urge your legislators to define the “costs of collection” charged to the homeowner – does this include $200 “administrative fee” by the property manager, before the account is sent to the attorney for collection? It shouldn’t.
3. CONSIDER COLLECTION OPTIONS ON A CASE-BY-CASE BASIS.
The Board has a fiduciary duty to collect assessments, to maintain common property. To do nothing to collect for assessments (unless you are dissolving the association) is asking for trouble. This is especially true in a large association.
On the other hand, does it make sense to spend $2,000 in fees and costs to foreclose $200 in assessments, where there is no equity in the property, and when the first priority lender is foreclosing anyway?
The board needs to make a business decision, considering the benefits and costs.
The Board should not delegate its responsibility. The Board should decide whether or not to pursue a foreclosure action – not a property manager or association attorney. Professionals can offer suggestions or advice, but it is the Board’s responsibility to make business decisions applying clear and consistent criteria. Economics, practicality and the law are all factors to consider.
Protect the association’s interest by recording a lien; under current law, the HOA lien is good for 5 years, and there may not be an immediate need to foreclose.
*
Where there is an expected or pending mortgage foreclosure, it may be advisable to wait on filing an assessment foreclosure;
*
Consider other options – With delays in mortgage foreclosure process reaching into years, rather than months, some associations are considering the option of pursuing a personal judgment in small claims court.
In summary, the Board should discuss their options with the association attorney and understand the costs and benefits before proceeding. If an attorney tells you that he or she should always proceed to foreclose, even in this environment – find another attorney.
Find out what litigation is pending by or against your association. Ask your board to explain their reasons for litigating ANY matter. Did your Board consider both the costs and benefits? How likely is a successful outcome to improve property value? While some issues in pending litigation may be privileged, homeowners have a right to know the number of lawsuits to which the Association is a party and the matters that are being litigated. If your association is paying $400 an hour to sue your neighbor over his “White Dogwood” paint color, you have a right to know.
In this economy, it is more important than ever to know how your association funds are being spent.
Sunday, February 15, 2009
Margot and a friend
Two little old ladies were sitting on a park bench outside the local town hall where a flower show was in progress.
The thin one leaned over and said. 'Life is so boring. We never have any fun any more. For $10 I'd take my clothes off and streak through that stupid flower show!'
'You're on!' said the other old lady, holding up a $10 bill.
The first little old lady slowly fumbled her way out of her clothes and, completely naked, streaked (as fast as an old lady can) through the front door of the flower show.
Waiting outside, her friend soon heard a huge commotion inside the hall, followed by loud applause and shrill whistling. Finally, the smiling and naked old lady came through the exit door surrounded by a cheering crowd.
'What happened?' asked her waiting friend.
'I won 1st prize as Best Dried Arrangement. '
The thin one leaned over and said. 'Life is so boring. We never have any fun any more. For $10 I'd take my clothes off and streak through that stupid flower show!'
'You're on!' said the other old lady, holding up a $10 bill.
The first little old lady slowly fumbled her way out of her clothes and, completely naked, streaked (as fast as an old lady can) through the front door of the flower show.
Waiting outside, her friend soon heard a huge commotion inside the hall, followed by loud applause and shrill whistling. Finally, the smiling and naked old lady came through the exit door surrounded by a cheering crowd.
'What happened?' asked her waiting friend.
'I won 1st prize as Best Dried Arrangement. '
Margot Stevens
Margot Stevens is no CDD Supervisor. This is a title she gives herself, what a joke. She has no business talking about the CDD since she is a board member. She is in violation of the rules of the CDD. Don't waste your time to hear her talk about nothing. Believe me she knows nothing therefore she says nothing. If you want to hear nothing go see Matgot who knows nothing. All the CDD members are very much upset over what she is doing.
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