Website of

Concerned Homeowners

832-685-8770

concernedhomeown@hotmail.com

 

 

We believe:

***HOAs should not be one of the 4 entities with the power of foreclosure.
Their liens should be treated like other creditors that have lien on a homestead.

***HOAs with current unfair laws can be breeding grounds for corruption.

***There should be an independent State agency to regulate HOAs , train and certify Board members.

***HOAs that hire a management company should not hire management company affiliated contractors. This in time can result in getting bids only from them at the exclusion of others. It can deny the homeowners the best possible price resulting from competitive bidding. Major jobs should be put out for bids from at least 5 different companies. These bids should be verifiable by interested homeowners.

***Just like other types of elections, in this quasi-government, where 60 million people live in, the elections should be allowed to be monitored completely by interested homeowners .


Two Board members have been elected to the Board of Directors without being an owner of record and in direct violation of Article 3, section 3 of our bylaws. They were nominated and subsequently elected with the power of unverifiable proxies and Tina's full knowledge.


For petition to remove Tina & Co. and the 2 illegal Board members please

click here


__________________________

August 29, 2015

Another opportunity for the Board to shirk responsibility

There have been many complaints by the homeowners against the cable company. They have been filed with the cable company itself and in many cases with the Board. Lets all recall they were introduced to us as the next great service provider just last year and many of us had to pay $98 or more for the new boxes, making the old boxes that we had paid for before worthless. We didn’t even get any rebates or any type of refunds for those. Homeowners who didn’t want to pay more for more mainstream albeit more expensive service paid the $98 minimum and subscribed to this new company. Some paid more than $200 for the DVR boxes. The Board apparently is planning to cancel their contract because of all the complaints and make homeowners get their own service, provider. Instead of asking them to be more efficient, repair faster, be more user friendly or negotiate a commercial rate with another cable company, they just want us to negotiate ourselves with a provider when we don’t have to and pay even more. In other words they are declaring what they did last year was a failure. A commercial rate is the preferred and economical solution for homeowners. It gives everybody a lower rate. It is the job and responsibility of the Board to serve the homeowners. Let’s not forget a few years ago, the Board wanted to get rid of commercial rate electricity and let us deal with individual electric companies. They ditched that idea real quick after outrage and concern from the homeowners. This is the same idea and opportunity to shirk responsibility. This is something the Board loves to do which is doing less . We need to stop this drastic and irresponsible action by calling Tina and letting the Board know that we want nothing but a provider for the whole complex. Besides the higher rate the logistics are hard to fathom. Can you imagine different trucks from different companies coming here at all times for repair and park in our small driveways as oppose to one truck repairing a mostly common problem? How about different satellite dishes having pretty much the same problems the current company has when it rains, except having many dishes from different companies occupying the roof and bringing their trucks with them while doing the repair? How about different cables from different cable companies to be traced for repair? Besides the logistics how would the average homeowner be expected to shell out another $100 -$200 when they just paid that last year and now having to pay more for Board’s failure.
We need one provider for all. If some homeowners want to choose a different one other than the main provider, they are free to do so as they can now.

August 26,2015

Investor backs off

 

In an earlier posting we reported that there was an investor that was planning to use the Florida 80% law to take over some condos. The law meant that if 80% of the owners agreed to sell the rest would have to sell too. This law was supposed to get investors to help rebuild some damaged condos and houses but instead its being used to evict senior citizens like in this case or people with fixed income who were planning to live where they are for the rest of their lives. The investor had sent a letter to the homeowners in this retirement community( many senior citizens) saying “ I am in the process of taking steps to dissolve the association, whereby all the apartments that I do not own would be forced to sell to me at the County appraised value. We don’t have such a misguided and probably unconstitutional law in Texas, but HOAs can make up their own rules. It would then take an expensive litigation to overturn it once it becomes law. We have to make sure our 100% rights will never be put to a vote with the closed and fraudulent elections in our own HOA.
Apparently the issue got media attention ( watch the video) and the investor has backed off. There are no guarantees he will back off forever though. May be when the heat is off he might try again under different circumstances
.

If your browser does not support the link below, just copy and paste it to your address box.

http://www.wpbf.com/news/palm-beach-gardens-investor-backs-off-threat-to-dissolve-condominium-association-force-out-elderly-residents/34787734

 

 

August 21,2015

More on the deceased homeowner


We talked to the homeowner living below the homeowner who had passed away recently. According to her she had passed away sometime in June and not July. The body was so badly decomposed that she was identified at the coroner’s office by her dental records. There was pretty much nothing left of her body. The homeowner below had to move out because of the foul odor and fly infestation in her condo. She has been living at a hotel paid by her insurance which is running out. The next of kin who apparently is the deceased brother, and lives in Houston has been taking charge but Tina has refused to reveal his identity to her. When this elderly lady asked her what could she do, Tina told her “sell your condo”!!!
This lady was very upset. According to her she and the other homeowner had notified Tina in June and she was thinking if a relative or somebody in the family was notified then, here life could have been saved. It takes somebody special to hear their concern and use accounting records as a sign that things were ok with her, which we found later on, were not. She works pretty much every day a block from where the homeowner lived and she did not even care to take a drive or call her relatives. In fact nobody that we have talked to, can remember the last time Tina , the property manager was spotted on our property.

 

August 17,2015

Suspected embezzler to appear in court

Another day another HOA embezzlement case. This happened in California. A former treasurer of an HOA is charged with two felony counts of embezzlement. She is scheduled to appear in court on August 25. She is charged with embezzling about $129,000 from the HOA between 2013 and 2014. She is charged with one count of grand theft by embezzlement and a count of embezzlement by a public or private officer.

How she came to the point of being charged is unknown. Somebody at the Board level could have seen abnormalities in accounting and pursued it further. In many cases the Board members are in involved too. Many homeowners see things that aren’t right and the only way to check further would be to conduct expensive forensic accounting, or bring expensive lawsuits . Either way they would face the wrath of the people involved in it , more likely the Board members. This in another example of the necessity of a government agency with enforcement powers to oversee HOAs. This would also mean certifying the Board members and training them in legal matters. Many Board members who get elected don’t even have college degrees and are left alone to interpret the regulations and bylaws that are created by the developer vague on purpose and subject to any type of interpretation.

August 9,2015

Similar incident

A homeowner commented on the deceased homeowner whose body was found a week ago in her condo. According to her, she had a similar incident in 2101 a few years ago. In that one she hadn’t heard from her neighbor for over a month. When she asked Tina, she told her she did not know and it did not raise any alarms in her head. According to the homeowner, she discovered the homeowner had passed away someplace else and Tina either didn’t know or didn’t care to tell her to help her out with her concerns for her neighbor. Who knows may be the homeowner was current on his dues or had automated pay . In both cases you can detect a level of detachment and indifference by Tina that is not shared by many. Rather than calling authorities or next of kin, she called the accounting department or like this one just didn’t care.

 

August 7, 2015

Treasurer larceny

Here is another one those all too familiar stories : HOA and embezzlement


This happened in Florida. The treasurer of an HOA there was arrested by the sheriff at her home and charged with larceny. The theft was discovered by an audit . The HOA had a periodic audit to provide documentation to the Board. She did not attend the meeting and other meetings arranged by the Board. She resigned later. After her resignation they did a special audit and found out there was about $29,000 missing from the HOA account. Apparently she had written checks to restaurants and other businesses, family members, ATM withdrawals using HOA account. She had served as the treasurer for the HOA from 2002 to August 2014.

Many of these positions are pretty much appointed by the current Board members and become self-electing. Lets not get caught in the rhetoric that “ well the homeowners elected them ”. In most cases there is a sham election conducted by secret ballots, proxies and most importantly unverifiable elections. Many proxies are filled in by Board members themselves if they are sure the homeowner will never check. If they do, they will destroy it claiming it was lost. Remember in our case we did not know that the two Board members were not owners of record only the other members knew they were perpetarating a fraud upon homeowners.The elections cannot be monitored independently from top to bottom. In many cases somebody that is pretty much an unknown to the homeowners gets elected. Do not be under the illusion that the rest of the Board members were innocent in this or other embezzlement cases. Some may and others probably were complicit in it. It happens in most HOA embezzlements. Until a state agency regulates the HOAs , the homeowners will be footing the bill for relationship between Board members and some favored contractors, vendors, and open to embezzlement and illegal schemes which at the end homeowners will end up paying for. In many HOAs we are dealing with legalized organized crime.

July 31,2015

Tina and the dead homeowner

We found out that yesterday an elderly long time homeowner was found dead in her condo. The neighbors had reported a foul odor and called the police. The police after knocking on the door and not getting a response kicked the door in and saw her decomposing body. Upon opening the door fumes got out. There were several witnesses who saw the whole thing including medical examiners taking pictures with flashes at night and taking the body out. One homeowner commented that about a month ago he had alerted Tina and told her that she has not been seen checking her mail and not answering her door. He asked her to notify the next of kin. According to him, she just dismissed that notion right out of hand. Another homeowner had told Tina also about a month ago that she was not answering her door and she thought something was wrong. Tina’s answer: well she is current on her maintenance fees so she must be ok. According to this homeowner she had auto-pay, where money was being deducted from her social security check every month to pay her maintenance fees. The neighbors finally after getting flies in their condos and unbearable odor of a decomposing body, called the police. Tina could have at least have the curiosity or care to see what was going on in that condo, like something more than her being current on her dues. After all she works one block away from the condo. What happened to the concept of a property manager actually managing the place and walking the place once in a while? By her inaction she put the health of the neighbors at risk. She also put the health of the police at risk due to the decomposition. This was also about the time when she was busy putting together the 2101 overpriced fencing project. She probably didn’t have time for the concerns of the homeowners. As a side note to the fencing project, if the Board goes along with Tina’s usual contractor and ignore the bids from different companies ( 2 so far) that we are submitting, we the homeowners could lose another $12,500, making it about $25,000 loss to the homeowners which could have easily been avoided hiring contractors other than Tina’s usual 2.

 

July 30,2015

Another bid

We are continuing to get bids for fencing project for the 2121 building. The fencing project for 2101 was finished last week for about $21,000. This was done with getting 2 bids both from companies that follow Tina to other properties, in other words the companies she has the Board hire time and time again. For 2121 which is about the same size as 2101 we got an outside bid for about $8000 for exactly the same work. We got another bid for it last week and this one came out for about $8100. That means the homeowners according to at least these outside bids paid $12,500 to $13,000 extra for the 2101 building. When we asked Tina why she only got 2 bids for 2101, she answered because the Board asked her to. So she gets on the phone and gets her two usual contractors (m one with a one-page website and no external links and the other that until recently had only an answering machine and no website) and gets us a winning bid that looks way overpriced. Surely the numbers can’t be that far off. Of course the outside contractors have insurance that satisfies the requirement. We asked Tina if she has even called them to ask questions if any and she responded that the Board needs to get more bids!!
So to put this in perspective, for 2101 they only got two inside bidders involved. For 2101 when Concerned Homeowners got involved and got extra bids that were substantially lower and met the requirements, all of a sudden they need more bids. Why weren’t there more bids necessary for 2101?
This is apparently what is costing us 3% increase in our maintenance fees. A project that could be signed by a president who is not even authorized to sign, and developed by the treasurer that is not even an owner of record!

July 25,2015

Stan “The Man” and the Transfer fee scam

This is from Ward Lucas an author, an investigative journalist and television news anchor. He has written a book “Neighbors at war”. He talks about HOAs racist origins and its transformation into a lucrative money machine for the legal industry. It’s a must read for homeowners who plan on living in an HOA.

He has reported on a man in Colorado , Stan Hrincevich (www.coloradohoaforum), who is fighting the HOA transfer fees. The HOA Managing licensing rules are very weak for home owners and purposely left out specifics and justifications regarding fees imposed by management companies on home owners. The HOA fee is rarely if ever disclosed as a legal obligation.
Stan has been trying to educate the legislators about this scam. They probably refer to photocopying costs which should not be more than ten bucks but can cost homeowners hundreds of dollars for each purchase and sale. The Colorado Legislature created an HOA Ombudsman office to muzzle Stan. However like other weak laws trying to protect the home owners, the office has no budget and no power. Texas and other states are pretty much in the same situation. Stan is on the list of CAI’s worst enemies. Stan is a hero to home owners.
Ward Lucas is another rare person trying to get justice for homeowners and bring checks and balances to the HOAs. It is amazing that HOAs who so many people live in them , have virtually no place for homeowners to file a simple complain. The only available option for the usually ordinary , middle class homeowner is an expensive lawsuit, pitting neighbor against neighbor. Ward Lucas is another hero. You can order his book “Neighbors at war” from Amazon. It is highly recommended.

 

 

July 23,2015

Dead mouse on the mat

This is what we found on July 23 on our doorstep. It is a mutilated mouse with blood on its belly. Police was called and a report was filed. We had our usual suspects which we told the police. This time however we added the contractor whose next job at 2121 might be jeopardized by competitive bid. He is after all, right now very close to our doorstep. This is all speculation but can’t be too careful. This is a job that according to the (illegal) treasurer might cost the homeowners 3% increase on their maintenance fees. We will not sit back and let non-bidding by Tina or anybody else at the Board to cost us this unjustified fee increase. We were planning to go to each Board member’s house and interview them to see if they knew anything about the mouse, but the timing wouldn’t allow it. We will follow this with the advice of our council.

 

 

 

July 19,2015

True & documented-thief continues to work for an HOA

Here is another incident of embezzlement in an HOA. This man had worked for an HOA for 15 years. The details are not revealed yet, but he could have created fake companies and presented fake invoices or just had direct access to HOAS account like a property manager in some cases or in some other capacity. One thing for sure, he must have been very close to the HOA Board. This was his second time. The first time he stole $160,000 and was convicted on that charge. This was his second time and this time he stole $100,000. The sentencing had been delayed for the first case but apparently somebody at the HOA let him continue working there and against the best interest of the homeowners. It just makes people wonder about some of these darn “non-profit” corporations that their board members supposedly work for free!

 

 

July 14,2015

Other bids-continued

Just as suspected Tina’s jubilation about having extra bids was not real. The newly submitted bid which beat the Board’s bid by over $12,500 now should sit and wait till Fall for other bids. Let’s recall the 2101 bid was obtained without any outside bids and just the two usual contractors. The Board was satisfied with the bid for $20,800 for 2101 (which is about the same size as 2121) with the usual 2 bidders and when CH submitted the new bid now they want to wait till Fall for more bids. In other words, they were happy with the higher bid until a much lower bid came around. Let’s add to the fact that they did not even ask us for more bids. We will provide more anyway just to prove to the homeowners these contractors that follow Tina to other properties, are the Board’s favorites at the expense of the homeowners who pay for these. As one homeowner emailed us: The fences don’t need to be repaired at all.

We agree.

 

July 10,2015

Other bids

As you are aware, there is a plan to increase our maintenance fees by 3% for the year 2016.
We think this is very unjust especially with the highest reserves we have had in many years. At least the job should be done with no increase in maintenance fees. At the same time we have a fencing project that initially was estimated to be $56,000. There are only 2 buildings 2101 and 2121 that have their fences replaced and this sounded as a very high number for a few pieces of wood. We got the bids last month and for 2101 it was a done deal. One of the usual bidders, you know the one that until recently didn’t even have a website and only a voicemail won the bid. The price was $20,800. This sounds very expensive for one building and reminds us all of that infamous $300,000 carport deal that they got when most people thought it was not even worth $100,000. The same carports that leak, and in general are of inferior material.
For 2121 however we tried to stop this irresponsible spending behavior and shop around as promised in previous postings. The two buildings are about the same in size and number of fences and footage. We received a bid for about $8,000 from an outside contractor. This is over $12,500 difference that we could save from what we would presumably get from the winning bidder. Concerned Homeowners was told there was no deadline and we even provided the Board the required insurance that the company gave us. We sent that to Tina. She seemed elated and thanked us. Let’s see if the new contractor will actually get the job. We will keep you posted. If that happens there should be no need for an increase especially with highest reserves and the new savings. Why they use the same 2 contractors with one seemingly winning the bigger bids is only left to homeowner speculation. This habit has also caused homeowners to lose money and get stuck with interest to pay as in the case of the carports.

 


July 5, 2015

True & documented- embezzlement-Property manager as a fugitive-Video

The stories about property managers stealing money have become all too familiar ( see different examples in earlier postings here). This property manager in Florida is accused of stealing more than $225,000 over a 2 year period by creating a bank account under a name similar to the HOA’s insurance company. She would write checks and deposit them in that account making it sound like the insurance bills were getting paid. The police have been trying to find her and she is now a fugitive from justice.

Watch the video:

If your browser does not support the link, just copy it and paste it to your address box


http://www.ccfj.net/TVCh10CAMonRUN.wmv

 

 

July 1, 2015

Flag

One homeowner asked the Board for flags for the 4th of July celebrations. She was told by Tina that the Board is saving every penny for driveway repair! To our knowledge ,the subject of driveway repair has not even been discussed and for sure not to the point of budgeting for it. And how much do flags cost? $100 or so? What happened to having the highest reserves in 20 years? When they also do the fences that are NOT in need of emergency repair to the tune of $56,000 and then given to the usual contractor, designating $100 or so for a patriotic celeberation is not much at all.

We see this as a nature of many HOAs all over the country where they tell veterans to take down their flags and even threaten them with fines.

 

 

June 28, 2015

Investor writes...

This is what happened in Florida. It happened in a 2-story condo community made up of elderly residents. This is the exact wording in a letter sent by the investor to the residents:

“I am in the process of taking steps to dissolve the Association of ___________ whereby all of the apartments that I do not own would be forced to sell to me at the _____________ County Appraisers value,” .

The investor is using the Florida 80% law, which it says if 80% of the condos belong to one owner, the rest would have to sell at the county appraised value.
Fortunately we don’t have this law in Texas where it could be embedded in real estate property code. The 80% law can only help an investor, because clearly anybody who wants to sell can sell theirs at any time. The condos in Florida were sold 10 years ago for $35,000. The County appraised value is a little over $13,000 , clearly reflecting homestead values. An investor can easily take advantage of this law and save millions of dollars at the expense of the homeowner who thought they had a place to live for life.
That is not all the problem. This talk of taking properties by force could also scare away potential customers and drive down property values.

Texas fortunately being such a pro homestead state that it does not have this 80% law and the Bylaws are written at 100% homeowner approval. However, we do have this homeowner in our condo association who is also trying to introduce this nasty 80% law to us that can only benefit an investor. Lets not forget the Board has let her have the floor 2 years in a row in the Annual Homeowner meeting. Losing control of your vote can only bring disastrous results for you,the homeowner. Some homeowners have just bought their place recently with twice the county appraised value.

June 21,2015

A scenario

As posted earlier here, there has been nobody that submitted their name to the Nominating Committee that has been elected to the Board in the past 10 years or so. It is a known fact here that the elections are fixed. They are fixed because the vote tabulation cannot be independently verified. Every year Tina brings a bag of proxies that contains signatures. We also know they redacted the insurance files, they broke our bylaws by having non-owners of record serving on the Board (and they still do about a year after we discovered their 7 year old fraud), they use one-bid contracts, etc. The new phenomenon and the latest to be concerned about, as we all know is this homeowner who talks about how selling our property could be so painless if we just relinquish control over our own vote and let 80% decide the fate of the rest.
Let’s examine this scenario which could become very real. For example an investor who comes along and talks to the Board expressing interest in our property. His main objective is that only 80% need to be ok with it and the rest would then have to sell. He doesn’t want to convince everyone to sell and ask the Board to make his job easier. Presently this cannot happen here and all us would need to sign our deeds individually. The Board would then make things up and say many people have expressed interest in this proposal and let’s put this to a vote. Of course not everybody could be present and some would submit their proxies. Remember these could be the proxies that could not be independently verified. After getting all the votes, there could be a special meeting where all homeowners would be invited to show how the voting went. We would all have to trust that bag of proxies again. The votes would be tabulated (of course in front of us to convince the gullible ones who trust the Board explicitly that they have nothing to hide). The same way that the elections have been fixed year after year, this one could be fixed too. After all, how would we know that the owners signatures have not been forged? How do we know the No votes have not been thrown out? If they send blank proxies like some owners do, how do we know they have not been treated as blank and not a reflection of the Board and this homeowner’s view and subsequently converted to Yes? We could all lose our property with another sham election and getting just half of what they are worth. Lets just say from the estimated market value and averaging out for 1, 2 or 3 bedrooms here , the price for all 270 units could be $27M. By playing this scenario the investor could save $13-15M which is a lot of money for any size investor. This scenario might never happen, but with this Board and Tina you can’t be too careful . Don’t forget next year’s Annual Meeting.
Your biggest investment could be at risk.

June 16,2015

HOA helpline

Some homeowners could not find the HOA helpline we discussed before. The number is
832-251-1874. We have to let you know, however, this number is really CAI or the Community Associate Institute. In their article and announcement in the Houston Chronicle, they talked about how they could help homeowners deal with their HOAs. One of the areas they specifically mentioned was , legality of changing the positions of Board members without going through an election. This is what this Board does pretty much every year , after about ten years ago we gathered a petition and successfully removed the then president. They decided to rotate the position so there would be no more presidents be a target of a removal petition.
This is a question which clearly deals with the Articles and Bylaws. We called them but they could not help us with our current problem, another area of Articles and Bylaws, which is the obvious violation of Article 3, section 3. This states the Board members have to be owners of record. Two members of this Board were not when they were “elected” in 2008.
We also could not find anything in our bylaws that authorizes the rotating of our Board member positions. What would that matter to this Board when 2 its members are not even legally elected?
In other words, don’t get your hopes high when calling that number. We believe in the wave of current laws enacted against the runaway HOAs in all states, CAI pre-empted the legislation and angry homeowners ,and started this helpline to show there is help available for homeowners. It clearly was not for us.
The best hope for homeowners would be to call Congressman Jim Murphy at 713-465-8800 and ask for more transparency laws for HOAs.

June 14,2015

Proxies

Each year the Board mails out a notice for Annual Meeting being held in January. The notice before 2005 was sent every year about 2 months prior to the meeting. The candidate(s) names appeared on the proxy slip with a blank space next to their names for homeowners to vote for them or leave blank. It was democratic, just like many other types of elections at many levels, like city, state, etc. It was democratic because there was no danger from anybody they didn’t approve, to get on the Board.
This was the case prior to 2005 when that nasty 25% maintenance fee increase was imposed on the homeowners and made them angry and many had to sell. That was when Concerned Homeowners started running for the Board and all of a sudden the proxies had no mention of candidate(s) names. Also they were so afraid of homeowners reactions that instead of sending the Annual Meeting notice 2 months prior to the meeting they started sending it a week before. As a property manager, Tina deals with many HOAs. For her and the corresponding Boards, each HOA needs its own fix of problems ( theirs). Their main problem according to this Board and by relationship Tina was and has been Concerned Homeowners. We have long suspected that Tina was the main culprit in the plan to take out all names from the proxy slip. We still believe that to be true. Of course there is a possibility that the Board had some hand in it, but we think she had the most participation. As homeowners who have been to the meetings are aware, she does come up with solutions. That’s her job. Lets also not forget that according to her own admission , she was aware that the 2 “Board members “ were not owners of record and were in violation of our bylaws Article 3 , section 3, in 2008. She was also aware that in 2013 the new candidate that lost was also not an owner of record, but was allowed to participate by her. To think that she came up with the plan to take out candidates names off proxies, in 2005, and only give the Annual Meeting notice a week before the Annual Meeting is not much of a stretch. She has no respect for our bylaws. That’s why we think the laws are so heavily stacked against the homeowners. There hardly is any recourse for the homeowners as far as the laws are concerned. There must be an independent state agency with enforcement powers monitoring HOAs. The priority for us is to start fresh with another property manager and management company.

June 8, 2015

$14,000 difference

As mentioned in the May 31 posting , we got 2 bids from the same companies that bid over and over again and win small or larger contracts every time. This time the company that only had a voicemail and no website until a few months ago but had done many jobs over the past few years, got the lower bid and presumably will do the job. The bid for 2101 comes to about $20,800. Since 2121 is the about the same size as 2101 , we thought together could be about $42,000. As homeowners who were in the Annual Meeting recall, the Board member ( who happened to be one of the 2 illegal members , meaning he is in direct violation of our bylaws, and is the treasurer) told everybody the job will be about $56,000. When we asked Tina about this apparent $14,000 difference, she said she didn’t know why.

 

June 2,2015

Slow process continues

In continuation of our pursuit to stop the maintenance fee increase, we decided to introduce some fence companies. According to Tina, 2101 has already been approved; no need for new fences for 2201 and only 2121 would need new fences. We asked Tina how we could bring new bidders. She responded that new bidders are welcome with “correct insurance”. We asked a current copy of the “correct insurance” of the 2 which will bid and of course are the only 2 that were considered for 2101 so we could ask the new companies if they carried the same. The answer from Tina was to wait till next week. We don’t find her to be particularly eager for new bids. Let’s remember the other 2 bids for 2101 took 9 days to be ready for pickup.

 

 

 

May 31,2015

Same old cast of characters

 

We picked up the so-called bids from the management company. As expected it was the same old “bidders”. The one that always seems to be getting the smaller jobs and the one that always seems to be getting the major jobs. No other bidders were solicited. This is what is basically going on in many HOAs. Lack of competitive bidding. This is why we believe the primary reason we are paying 3% increase in our maintenance fees. We are pretty sure this is final, but we will pursue this in the coming days.

Let’s summarize: the repair is not urgent ,however it will be done, the reserves are at the highest level in many years, and the maintenance fees will be raised.

 


May 27, 2015

Slow porcess

As the readers of this site are aware, we are facing a 3% increase in our maintenance fees. Let’s remind everybody, we have had the highest reserves in many years and we are doing a minor repair: internal fences. The price tag is $56,000, provided by a Board consultant, which seems high to begin with for a relatively few pieces of wood. The Board as we have mentioned numerous times, seems to have gotten stuck on one vendor. This vendor has a website with no external, link but seems to be getting all the major repair jobs. He also follows Tina to other properties she manages. We had also asked the Board many times both in Annual Meetings and through emails with Tina, to get more competitive bids, and basically shop around. Last week, in the ever pursuit of transparency we asked Tina, the property manager and the Board spokesperson to see if there were any bids. She said there were but there were more expensive than the above mentioned vendor. So we asked for copies of those extra bids. She let us know they would be ready next Friday, in other words fully 9 days to get some recent documents for us. This was a recent bidding process. We asked her why it would take this long when she should have at least a copy on her computer. No answer.
Why does it really take 9 days to give us a copy of the extra bids?
May be the new HOA helpline could be of any help. Seems like dues paying homeowners have no recourse.

 

 

 

 

May 22,2015

Other bids

As posted here repeatedly, we are facing a 3% increase in our maintenance fees which we feel is fully unjustified. We have an energy company that has a 3-year contract with us . The contract is coming to an end in February 2016. The energy company is located one floor above the offices of our management company.We thought we provide some competition and find a lower bid and save us some money so we don’t have the increase. We found a company and gave the number to Tina 4 days ago. According to her she called the next day and found we have to wait till December to get a quote because of changing prices. She even gave us the contact as we had requested. We called to verify. They had never heard of her or talked to her!!

When we told her that she had no answer.

We will wait till December for that, but the fence job is another area that we could provide Tina some competition . Lets hope we can find a lower price. We will provide the numbers, will ask Tina to call and get a quote. We will then call the company to verify. If we save some money, and with the highest reserve they have had in 20 years , there should be no need for increase. Lets hope when we call these they have heard form her prior .

,

May 16,2015

Community Associate Institute

Community Associate Institute (CAI) is an organization that works with different
Management companies and HOAs and provide education, help, etc.
In 2008 and as you know with Tina’s full knowledge and other Board members full knowledge, two non-owners of records were elected to our Board of Directors. This was a direct violation of our bylaws Article 3, section 3 and have put us in legal danger . There have been 2 attorneys legal opinion that Tina and the Board were in breach of fiduciary duty. After 6 ½ years that we found out (with the efforts of one alert homeowner), and let Tina and the Board know, that we have caught on to their game. Of course as we all know , in HOA matters unless there is an outside agency with enforcement powers that can affect things, these common people (Board members and property managers) with extraordinary power given to them, can do anything they want which included breaking rules and regulations with total impunity. The only remedy for the homeowners would be through the courts, meaning having to go outside the HOA laws. The laws are woefully inadequate and do not protect homeowners, case in point.
We brought the matter to the attention of CAI and asked them to call Tina and see why she did that. Let us remind you that according to Tina the owner of the management company has also been aware of it at least since August 2014.
They did make the call and Tina’s answer as the Board spokesperson was that , one has been corrected. She referred to our illegal president and that after probate proceedings in 2013 (meaning 5 years after she got elected) she is now an owner of record. This is patently false. She would have needed to resign from the Board first and then run in her first legitimate election. She has not done so yet. We contend, any documents signed by her as president ( and there have been many even before she became president and as the secretary) can be legally challenged. The other one , CAI was told, has been addressed by the Board. This is the same Board who has known about the illegalities of these 2 since 2008. In other words nothing will change and the HOA games continue.
CAI has recently setup a helpline for homeowners which you can get from their website and can answer some questions. There was no help available in this matter as expected.

 

May 10,2015

Fence & energy bids

As readers of this website are aware, we will be facing a 3% increase in our maintenance fees when our reserves according to the Board are at their highest in many years. If we consider the age of the building, the magnitude of the job which is very small and an expected one-bid contract, the suggested amount of $56,000 seems very high.
We want to stop this unjust increase. To repair the fences would be ok if the costs are absorbed, but barring that, the interest of the homeowners should come to the forefront.
We asked Tina, considering the energy company's contract being up in 7 months, if the Board has started getting bids. The answer was no. When we asked why, she responded because they want to keep the low price. We asked how she knows this particular company which happens to be one floor above the management company, is the cheapest, she stopped answering. We will not stop pursuing this matter. Also the fence contract should have more bidders than the usual one-page website with no external links guy. Homeowners should be outraged and demand that the Board get more bids, so we don’t have the unjustified 3% increase in our maintenance fees. The management company after all is a hired hand. Is Tina making all the decisions for them?

 

April 29,2015

Energy company

As posted here before and many homeowners are aware of, our energy company which is basically a broker of energy, is located one floor above our management company. There were no other bids in hiring that company. The contract is up for renewal next February. When we asked the management company about any plans to get extra bids this time to find a company with lower rate, the answer was basically no. Let’s remember we are facing a 3% increase in our maintenance fees and we thought it would be a good idea to negate that by getting lower energy prices. Why would anybody be against that? Shouldn’t keeping the maintenance fees steady an important objective of our Board who seems hell bent on pleasing the management company? We say that because the contractor (the one with a one-page website and no external links) also seems to follow the management company at the exclusion of other bids and the Board has no objection to it.
This is only the result of one-sided HOA laws giving the power to the common man with no independent agency to supervise him and expecting fair results. Homeowners will end up paying for in this non-competitive bidding environment
.

April 27,2015

True & documented-Questions about management company mishandling money-video

http://www.wftv.com/news/news/local/poinciana-hoa-leaders-meet-discuss-presidents-futu/nkrTp/

 

If your browser does not support it, just copy and paste it to the address box

April 19,2015

The implied success story

As visitors to this site are aware, the homeowner in the Annual Meeting had talked about changing our bylaws. She had “taken the lead” to change our bylaws so that if 80% of the homeowners wanted to sell the rest 20% would have to sell also. Currently its 100% meaning everybody would have to agree to sell. As how commonplace and presumably good this was she brought an example of a condo about 3 miles from us. We got some information of 3 of the former residents who had lived in that complex. They said that they were basically robbed and were very resentful of the fact that they did not have any say in the matter. They believed they could have got a lot more for their property but were forced to sell. They had maintained their property for years , just to see it taken away from them with no input from them, the owner. All this comes as a result of , in our opinion, not getting involved. The one thing that developers, and people who have interest in changing the bylaws regarding sale of the property as a whole, prefer, is a lack of homeowner participation. The less information about the process and its consequences the better and faster the process would work for them. They’d rather the bylaws be changed with no problem and of course legally ( to withstand a possible fight in court),with minimum homeowner participation and without light shining on the process. Just have the homeowners look at the finished process and abide by it.
As far as we know most people here would rather the property not be sold at all. This is a great place to live with properties appreciating more and more everyday. If there is a sale, it would be the responsibility and decision of its owner and nobody else. This right should stay with the homeowner throughout his/her ownership. Anything less than that , like losing your rights to sell or hold as you please is Un-American and not to mention costly to the owner.

April 8,2015

As posted a few months ago here, the Chevron station at the corner was demolished. It is rumored a bank will be put in its place. As we see another multi-million dollar project being built within walking distance from us, it also shows the loaded 80% project. We refer to the efforts of this homeowner who keeps attacking our property values at the Annual meetings with the blessing of the Board. Every day there is construction going on around us and this homeowner wants to reduce the requirement of selling our property as a whole from 100% approval to 80%. We ask again, what is her motivation? Why does the Board sits in silence ,letting her lecturing us? She wants to show us how we can get rid of our prime property by agreeing that with only 80% approval of homeowners , the rest would have to sell. This sounds ridiculous at the least and questions(several types) at the most.

March 30,2015

Dear Homeowners,
We just had another Annual Meeting with some concerning news. The illegal president gave her address. The equally illegal treasurer talked about a new project. Let’s recall neither one of the 2 were homeowners , or more specifically owners of record as stated to be a requirement to be a Board member in Article 3, section 3 of our bylaws when they joined the Board in 2008. The public records are for everybody to check at County Clerk downtown. We also witnessed another illegal act. The president switched his position with the secretary. So the secretary who was illegal to begin with, was promoted to president. There is nothing in the bylaws that would suggest this is legal. Of course when they get on the Board without deed, you don’t expect them to follow anything else in the bylaws. For them it’s all play is ok at whenever and whatever. They hire one company and give all the major jobs to him, who still has a one-page website with no external links, and get on the board violating our bylaws , switch jobs with each other, redact documents from Hurricane IKE. This is the level of respect they have for homeowners. The former president according to himself was intrigued by the job of the secretary so they switched positions! Just like that. We of course did not have any increase in our maintenance fees for this year. This makes it a 2% increase for the past 6 years. However, things are changing. The illegal Board member leading this renovation talked about the fences. According to him they are in need of repair. He has gotten a proposal for $56,000. We found out it was from a consultant to the Board. The bidding hasn’t started and we believe there will be none. There will be the usual contractor with the familiar trucks that seems to be getting the major jobs every time. For primarily this he wants to raise our maintenance fees by 3% for next year. There are no major jobs left here, except to point to some obscure repair and make us spend $56,000 on it. Why that is all their bids are on the high side? It wasn’t long ago when we spent an outrageous amount of $300,000 (plus interest) on our carports that by many homeowners’ estimates were not worth more than $100,000. In one sentence they mentioned, we have the highest reserve in many years and then in the next sentence they say we need to raise the maintenance fees. There is no need for repairing the fences and subsequent increase of our maintenance fees. According to them we have the reserve to cover new ones, let alone a relatively minor repair. The cost should be totally adsorbed with no need for maintenance fee increase. You can call the Board and let them know you don’t want your maintenance fees increased.
The most disturbing news from this Annual Meeting was from a homeowner who single-handedly has decided to wholesale our property. This started 2 years ago at the January 2013 Annual Homeowner meeting when somebody raised the issue of selling our property as a whole and in response one homeowner ( a former Board member) declared that if 51% of the homeowners want to sell , the rest would have to sell. Tina added that she thought it was 75%. Both of these people should have been very familiar with our bylaws and such nonsense should have never been introduced. If you recall we consulted our attorney and found out that our complex is 100% ownership. That means every one of us individually needs to sign our deed for the whole complex to be sold. We sent a letter to the homeowners notifying them of this fact. The next year in January 2014 meeting, the Board who was silent up until then, was forced to admit that we really are a 100% membership complex. However a homeowner got up, was given the floor even though she wasn’t running for any position and told us that she had talked to a developer about buying our property as a whole. Of course, by her action she was in effect lowering our property values. By talking to a multi-millionaire (or probably a billionaire) developer, she was introducing a sense of desperation to the developer. She is free to sell hers but not make a decision on ours. This homeowner cited, for example, a run-down complex located near the ____________, who like ours had a 100% ownership and they changed it to 80% and were able to sell it! She didn’t even say when this happened. The fact is, we are still in a seller’s market. Our property is in a prime position to get the highest value for it. Our property is where at least half a billion dollars or more worth of construction is going around it right now, with more to come at our doorsteps. It is located in a prime area of Galleria. By changing from 100% to 80% as inherently suggested in the meeting, we could lose 100% control. Why should we do that? Why is she concerned about the rest of the homeowners? Why can’t the homeowner who wants to sell her property sell hers and leave the rest of alone to determine our own price? One would question, what is her motivation for doing this? Why does the Board let her ramble on about the subject of wholesaling our property with unlimited time to speak when everybody else has only a minute or so to speak or ask a question? We don’t need to lose control over our own property. In the coming months, we could receive a letter from the Board or some other source telling us some “good news” about an “interested developer”. This letter could suggest that we could “all make money” or “we can all easily sell ours with one signature” by agreeing to change the bylaws and go from 100% to 80%. Nothing can be further from the truth. Only the owner of the condo can get the highest value for his/her property. Only the owner knows how much money was put into it and sells it whenever and for what amount they deem proper. Check our website, concernedhomeowners.com of a developer who bought a complex on the West Loop, not far from us with 10% over the appraised value and not too long ago.
In our case, in our condos for example a 2 bedroom homesteaded condo was appraised by County Appraisal District at about $67,000 , could be bought by a developer for $75,000 if we lose 100% control of our condos. Where in Galleria or any place decent you could move to at that price? Let’s compare that to the new apartments that are currently built only few feet away from ours that the starting asking rental price could be $2,000 or more. Our place could be torn down with brand new modern-looking apartments built in its place where we could sell ours for half or less of what we could get for. This is a very special occasion that has come upon us. In a very short distance between ________ and __________we have seen half a billion dollars of construction or more being built right in front of our eyes. There is more planned with 2640, 2650 and even 2411 which are rumored to be torn down and luxury apartments built in their places. So in essence we could be looking at a billion dollars’ worth of construction walking distance to us with ours being the oldest and only multi-owned building in the neighborhood, but located in a prime location and ripe for new construction. We could be asking for the highest price for ours but instead what this homeowner wants could end up being a gift to a developer. It could mean that you could lose your property for half of what it’s worth. Nobody can predict the future, but one thing for sure: losing 100% control of the price of your property can never bring you the full price you deserve for your condo at this prime location. We don’t need this homeowner’s input as to how to sell our property, at what price and when. We are all adult homeowners and we can analyze the market ourselves and determine the price we could be asking for our condos. Any control less than 100% control by us, could mean 0% control by us. We think a price of $150,000 for a two bedroom and $100,000 price for a one bedroom is very reasonable. Some have even suggested a price of $200,000 for the ones located on ______________. These figures could go even higher as the new buildings get completed. Please make sure you come to the next Annual meeting and ask this homeowner to stop representing you in the sale of your condo .You will not be a winner if you let a stranger take control of your property and let you lose your say in this very important matter which is the sale of your own property. Homeowner participation in the next Annual Meeting is very crucial and in the meantime you can call the Board and let them know that you and only you should decide about the sale of your property and no other homeowner. As this property is coming to end of its natural life, please remember, that you cannot put your trust in a group of people who redact documents and disregard our bylaws. This cannot come to a happy and prosperous ending if you don’t have total control of your own property.

 

March 22,2017

Nominating Committee

Homeowners who in the past few years running for the Board, have been familiar with this Committee. This is the “committee” where homeowners who want to run for the Board first submit their names and then start campaigning. This is a committee and is supposed to be a group of people but it was just one person running it for the past few years. One homeowner told us that by definition this committee was illegal since it was only one person in it. Before Concerned Homeowners started questioning the finances and getting into the details of the operations, anybody who submitted their name and had the “approval” of the Board, won. After that however, homeowners who submitted their names to this committee batted zero. It was a sham and in the larger context it was part of what we saw like, redaction of documents, non-homeowners serve as Board members (which continues to today), one-bid contracts and so on. Even the person who was running it , was aware of it but wanted to be there anyway. Her reasoning was that she was trying to affect positive change. She was trying to improve maintenance on the ground which she complained to Tina often with little or no results.
She finally gave up and sold her property last week. It’s a shame that good hearted people like her have to give up on their own property because of lack of good upkeep by the management company which is their main responsibility. She wasn’t trying to make a killing on her property with all the construction going on around her place. She was just disgusted and left. Lets vote to get Tina and Company out of here and have a better management company here. It can only improve our place and bring the values up even higher. It will be very interesting who the new committee member will be . It would have to be a person(s) who thinks these are legitimate committees and that one person can define a committee.

March 17,2015

Incident at the exit gate

Homeowners who reside on the property and others might have noticed the repair that is being done at the exit gate. It happened about 10 days ago when about 2:30AM there was a noise outside and a homeowner got out to see what had happened. Apparently a tow truck had run over our exit gate trying to get in. The company was identified by this alert homeowner and even some pictures taken. It was reported to the management company and because of this homeowner’s efforts the tow truck’s insurance company is paying for the damages. The repairs started the next day and most probably without any bids considering the lapsed time between the incident and the start of the job . The company that is doing it and probably for about $10,000 or more, is the same company that has been doing all the work and without any substantial competition. The same one that has a website without any external links and only a business card on its only page.

Recently another terrific homeowner did some research on the internet and sent us some results regarding our management company which included all , as he put it, “ sorry reviews”. There was not one good one there. What stood out the most was that the same company was doing other jobs in other properties , again probably with no other viable competition.
We know that there are some plans to repair the fences and we believe the same company will get the job for $56,000. This lack of competitive bidding could bring us another 3% increase in our maintenance fees. We would be paying the price of what we already should have the money for ( highest reserve in many years). Please take the time and call the Board and let them know all cost for this unnecessary repair should be absorbed by the reserves. We should not have an increase in the maintenance fees in 2016.


March 13,2015
True & documented- Video
This happened in Florida. Homeowners accuse condo board of cashing in on their positions

http://www.local10.com/news/residents-allege-oakland-park-condo-leaders-cashing-in-positions/31096252

_____________________
March 8,2015
Fences
Apparently the fences that are under consideration for replacement were not redone after Hurricane Ike. They are the ones in the middle of the buildings. Not all of them need to be repaired and to do a total redo at this late stage is just another example of homeowners footing the bill for something not necessary. Let’s remember the carports that were done for $300,000 when many homeowners and even 1 or 2 professionals commented they were not worth more than $100,000. What makes it even more outrageous is that this is the main culprit that is causing the maintenance fee to be increased by 3%. Please take the time and let the Board know that you do not want your maintenance fee increased. The reserves that according to them is about half a million dollars and the highest in many years should cover that. By the way, why do the Board’s numbers almost always come on the high side?

______________________
March 4,2015
True & documented
This happened in Tennessee. There were several unauthorized withdrawals were made from an HOA account totaling about $28,000 . The HOA filed a complaint with the police. The person who was allowed to use the account for authorized purposes is suspected.

______________________

February 24,2015
You might be aware that 2640 and 2650 Fountainview are set to be demolished (we don't know when).
We just heard that across the street at 2411 Fountainview ( same side as our building) is also being bought ( or bought already) and will be demolished.
This shows the continuation of construction that we will see in the next few years.

______________________

February 17,2015

Legislation
Many homeowners , both visitors to this site and others who receive our letters are familiar with problems we have had over the years with the Board. They have ranged from increases in maintenance fees, to lack of care , but most importantly lack of transparency. They are using what amounts to be laws biased towards the Board that helps preserve the power of developers over the homeowners. It creates a Board of “yes” people to help the developer implement what it wants and whenever it wants it. It has created sham elections with a total control over everything. In reality it is a banana republic.
Our developer is long gone , but this quasi government remains and so are the laws.
There is not one good argument that can be made for a non-profit corporation redacting documents, not letting homeowners monitor elections and having executive sessions . Not one good argument can be made for a management company ( a hired hand) getting those redacted documents ahead of a homeowner, examine it first and then hand it over to the homeowner, after making sure it is ok. Matters regarding homeowners behind in their maintenance fees can be referred to our attorney for possible legal action. An executive session as far as we know, has no written minutes . Anything can be discussed in private. Due to lack of an independent agency to voice complaints, this Board and others like it have done what they wanted to do over the years. Lets not forget our 2 illegal Board members who were not homeowners when they joined the Board in 2008 with the blessing of our management company. One of them still isn't and plans to order a fence job for us and raise our maintenance fees by 3%. Many frustrated homeowners have done the most effective thing they could do in response. They have called their State Representative and registered their complaints against their HOA. For all the money donated by rich lobbyists, at the end of the day a representative would be most concerned with a vote against him/her in an election and losing their seat. Our representative is Mr. Jim Murphy and can be reached at 713-465-8800. We found his office to be very receptive to our complaints specially for lack of transparency. They were very attentive and caring and wrote down every one of our concerns. We urge homeowners to call Mr. Murphy’s office and voice your complaints. The legislation is in session now and because of so many complaints from all over Texas over the years, they are changing more laws to the benefit of the homeowners and are bringing accountability to HOAs and people who are running it. Lets not forget that we would need transparency specially now that we see a homeowner is attacking our property values and the Board giving her the floor for the second year in a row. Lets help ourselves in these uncertain times by calling Mr. Murphy's office and ask for more transparency for HOAs. Transparency can only help us ordinary homeowners.

______________________
February 12,2015
Update on Florida condo
As visitors to this website might be aware, we had mentioned the Florida 80% law in our earlier postings. This law states that if 80% of units in a complex want to sell, the rest should sell. It’s a rarely used law created in 2007 but no doubt pushed to become law by investors and developers . As you might recall, this did happen in Florida and our postings about that started April 6,2014. We don’t have such a law in Texas , but a subdivision can change its bylaws. The Florida homeowners who were going to lose joined together and filed a lawsuit to stop it, and just last week , they lost. How could they win? It was already the law. Its hard for an average homeowner to overturn the law. You can see some similarities with ours:
1. The homeowners in Florida bought their condos recently for over $300K and now have to sell for $75K (investor offering) . We have many new homeowners at our place who bought theirs recently for $100K and more. If an investor offers to buy ours as we said they could go about 10% over and buy our 2-bedrooms for $75K. This is a huge loss for a new homeowner.
2. We don’t have an 80% law but this homeowner (we believe with the cooperation of the Board ) is trying to bring this nasty and totally unnecessary law to us.
3. Just like the ones in Florida, ours is located in a very desirable part of town and very attractive to investors. Of course we don’t need for this homeowner to talk on our behalf. If she wants to sell hers, she can do that at any time. She should mind her own business and stop being a broker for the rest of the homeowners.

We have between half a billion dollars and probably $ 1billion dollars being built right near our doorstep from Westheimer to San Felipe. There is no reason to file sale our property. She needs to stop interfering in everybody’s business.

______________________

February 5,2015
only 67%
As you know we have warned homeowners about some activities regarding the sale of our property. One busybody homeowner who according to herself is “taking the lead” on this, at our Annual Meeting , told us that an apartment complex located about 2 miles from us had a 100% homeowner approval needed in case they wanted to sell the whole complex. No developer wanted that presumably because they had to get the deed from each individual owner . They had a change of bylaws and were able to change the requirement to 80% and the property was sold just like that! This self-appointed broker of our property compares our prime location in the heart of Galleria and on a major street to a side street with a much smaller area.
We did some digging into our bylaws and found out a change in our bylaws can also be done very easily. Just look at Article IX under Section4. Amending the bylaws can be done at a regular meeting of the members, by a vote of 2/3rd of the members present , in person or and here are the key words “by proxy”. As we know with fraudulent election that cannot be monitored ; and nobody in the past 10 years who has submitted their names to the Nominating Committee has been elected to the office and with Tina’s bag of proxies, a 2/3 vote can easily be achieved. Then the bylaws can be changed to 80% owner approval and our property can be sold by probably 10% over the HCAD appraised price. This could mean you can lose your property of lets say HCAD-appraised of $67,000 for $75,000 which is half of what you can get for if you want to wait (probably even more like $200,000 for the ones located on the main street).
Homeowners need to be warned of this homeowner’s activity which apparently had the Board’s approval too, because she got the floor for the second year in a row and was not even running for a position. They just sat there in silence and let her give her full presentation. We don’t know what hers and their motivation is , but at the end we cannot fare well with losing our 100% control.

______________________
January 30,2015
We received some inquiries about the 3% increase and the issue of the fences. The 3% increase is being planned for next year. We have no increase for this year. The increase comes for that little pet project of that illegal Board member (a person that with the blessing of the Board has been on the Board for 7 years without a deed under his name) has cooked up. He wants to repair the fences that along with other repairs that were done after hurricane Ike. This comes at the cost of $56,000 , all to be paid by the homeowners. Why does that need to be repaired at all? There is nothing wrong with the fences. We asked Tina and she responded it was just a figure given by some consultant and not any company per se. We got the person’s name. Homeowners need to be very vigilant on this issue. Before we know it, all the so-called bids would boil down to one company that has been doing all our work to the exclusion of any other bids. This is he same company that as of today’s post still has a one-page website with no links or explanation as to who they are, how they were founded or any relevant information about them. This also reminds us of that infamous carport project that was done for $300,000 and without consulting the homeowners. We paid interest on top of that. Lets not this bad history repeat itself at the tune of $56,000 and 3% irreversible maintenance fee increase. Please take the time and let the Board know you oppose this project if the cost is not absorbed. You can call Tina to reach the Board and express your opinion.

______________________

January 21,2015
Meeting last night-3% increase and conspiracy against homeowners

As expected the incumbents won last night. Some homeowners including the ones that ran last night and pretty much never campaigned or knocked on people’s doors, still believed the election was about qualification. Nothing can be further from the truth. They touted their experience in running other associations or their experience in real estate and lost to a bunch of proxies brought over by Tina which they had no way of validating them independently. Of course as we know one of the incumbents won re-election without a deed!! Please recall that 2 weeks ago we asked Tina a rhetorical question , that if we could inspect his deed. She said no ( there is no deed to inspect). The manegement comany committed another breach of fiduciary duty by holding this election. We will continue to follow that with appropriate authorities and we will let you know. It is too dangerous a liability to have at our expense for their friendship When people hide things , they naturally can only trust the ones that know what the truth is. Nobody else, as long as they could help it (like defeating them in election) should be able to be in on it. Lets also mention that the illegal president gave the address. A funny tidbit was when homeowners asked the previous president why there was a change and he is the new secretary. He responded he wanted to see the challenges involved with that position!! He didn’t mention what was so intriguing for him to give up his position and commence what amounts to clerical duties. Of course in an earlier posting we let you know that there is nothing legal that could be found in our rules and bylaws authorizing that. What we believe the reason is, was the removal of the previous president with petition after he had become a target. They learned their lessons and now they play musical chairs with the position so not one person becomes a target.
This also showed that people who submit their names to the Nominating Committee have yet to win an election ever since Concerned Homeowners started running for the Board 10 years ago. It just shows a sham of an election that we have. We asked the very well-meaning and well-intentioned lady who is on that committee to give up this ceremonial post that has never yielded a winner. It’s the Board way. It’s the common man/woman’s way who has figured out how to hide things by redaction, one-bids, etc. They ask people who have good names and really care for the property, to take over this role and legitimize this election.
We found out that the letter all homeowners received regarding the management company increasing its prices was actually not right. The true budget was handed out last night.
More importantly, the illegal incumbent who won last night introduced us to his pet project about fences. Apparently with the price of water and sewer going up by the city( we will verify that), there is an urgent need for $56K repair. After saying this is the highest the reserves have been since many years, now they would need to increase our dues by 3%. We attribute that solely to the fences. If the dues can be kept steady, and the fences don’t look like they are in dire need of repair, why go through an expensive $56K repair. This reminds us of the $300K carport a few years ago that we were told was worth only about $100K. We had to get a loan for that. With enough bidding the cost can be absorbed and no need for dues increase.
Most importantly last night, was a talk about developers buying our place. There has been no such talk or intentions as far as we know outside this annual meeting. There has been one homeowner who keeps insisting on that and she even mentioned she is a taking a lead on that. For the record nobody that we know has asked her to do that. As we let you know in advance a year and a half ago that it would need 100% of homeowners to sign on their deeds individually. This homeowner however brought an example of a condo nearby who had a 100% in their constitution and they changed it to 80% and were able to sell it!! That condo is not nearly well-positioned as ours ,it is much smaller than ours and moreover we don’t need to sell ours without a developer coming to us first. The action of this homeowner, talking to investors as if we are all desperate to sell is the height of irresponsibility. It was very soon picked up by some members of the Board and even some homeowners who rather sell at whatever price they think would be best for everybody. This is a conspiracy against all homeowners who can and should command a price of $100K for one bedroom and $1450K for a 2 bedroom, nothing less. This is our estimate for now and it could even go higher depending on more and more construction coming here like 2640 and 2650 FV. We also have heard from some credible sources that the ones across the street from these 2 buildings are also being sold for new development. This is nothing short of a conspiracy to get our valuable property with loose , inexperienced and dangerous talk. We demand that homeowners who have this plan to stop talking about the whole place as if they own it and talk about theirs only and leave the other homeowners alone. As you can see more homeowner participation and concern will let anybody ( developer or agenda-driven homeowners) that we will not let our constitution change for this. We will sign our own deed when the time comes and only when we feel we get the right price for our properties.

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January 20,2015
Management company
As you might be aware, the management company will be charging us an additional 2%. There is nothing extra added, nor any new services . There have been several calls and emails to Tina regarding the condition of the property. There were concerns about filthy stairwell, driveways , trash in many places. Those calls did not do anything, and usually answered with one word “yes”,”No”, “Ok”, etc. in her emails. Nobody can remember the last time anybody has spotted her walking the property. The Board in cooperation with the management company and against homeowner interests has devised this budget. Why are we paying an additional 2% with the Board approval with no positive changes? It states the last increase was in 2013, as if now its ok for them to charge us another 2%. Then again what do you expect from a Board that in its membership has individuals who got on it without any deed in their names.
If you remember seeing Tina on the property for any reason ( we hope it would be inspection) please notify us at concernedhomeown@hotmail.com with the date and time.
Its time for the management company to go.

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January 17,2015

Video

HOA-wrongful profit- click on the link below to see the video:
http://www.local10.com/news/holly-lake-residents-accuse-hoa-treasurer-of-wrongful-profit/30588108

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January 13,2015

We just found out that there are 2 people who are running for the 2 positions available on the Board. Apparently they haven’t been to the Board “elections” or simply don’t know that this all a sham. As more evidence of this being a sham, the illegal and current Board “member” is running for re-election. He is campaigning and asking for your votes!! Lets remind you this individual should not even be allowed to be in the room on the 20th.
By the way, don’t these 2 candidates knock on doors and ask for votes? Do they think qualification is good enough to get on this Board? May be they should look at the 2 illegal Board “members” who are on the Board including the president.

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January 11,2015
president
Lets all remember the president who will be giving the address on January 20th is NOT legal. All Board members are required to participate in an election (with overwhelming number of proxies or not) as a homeowner. She never did. This is not like rotating presidencies and musical chair that they play every year or so. They have to be legally elected. It doesn’t matter that they don’t care about the bylaws they are supposed to uphold. We are fighting this unjust and illegal Board “membership”. Lets also not forget, that the other illegal Board “member” is running for re-election.
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January 10,2015
True and documented
This happened in Connecticut . A lawsuit was filed against a management company that managed 8 associations . It said that $1M was missing from the bank accounts of these HOAs. The comptroller for the company was sentenced a few days ago to 10 months in prison and 3 years supervised release. On a federal charge he was found guilty of embezzling $108,000. He was employed as the vice president and comptroller for 25 years.

 

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January 6,2015
For the record
Concerned Homeowners emailed Tina last week and what we got was a rhetorical question.

Q. Can homeowners come and inspect (the incumbent’s) deed.

A. No

Q. Why can’t we come and inspect the deed?

We are still waiting for the answer from 8 days ago.

It just shows this fraudulent election. We have notified some private organizations and the latest news , they have not returned their calls either.

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January 4,2015
HEB & Chevron
For those homeowners who do not know yet, current HEB will cease to exist on February 17th, and the new HEB will start operations on February 18th, the next day which is about a month and half from today. Across the street and at the corner apparently Chevron will change to a bank.
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