***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 .
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
CH: Concerned Homeowners
Tina: property manager
$20,000 is the amount
that went to Tina's contractor in 2016 alone that your Board Of Directors
did not even want to investigate to possibly save the homeowners.
Condos for sale here
In earlier postings here, we had priced 1 and 2 bedrooms for $100K
and $200K respectively. Of course all these depend on other variables like
how fast the owner wants to sell or how their realtor prices the properties
and convinces the owner to sell at that price, etc. A look at the latest
sales and prices for these condos show at least regarding the one bedrooms
our pricing has been very close to the target. Just couple of weeks ago
there were 3 one bedrooms right around $80-90K . They are no longer listed
and presumably sold. It is a different story when it comes to two bedrooms
and some 2 ½ bedrooms. They have stayed on the market for longer
period of time .This in spite of being listed in our opinion way below the
market price for such a desirable location. In the past we have pointed
to various reasons like the realtor wanting to make a quick commission or
the property not in pristine condition but maintenance fees could be a factor
too. The maintenance fees for a 2-bedroom is well over $450 and for a 2
½ bedroom is over $600. This can be attributed to the board and those
out of control increases in the past that have still affected the values
here. While 1 bedroom can attract rental investors, a 2 bedroom is mostly
for couples and people who want to live in that condo. With a maintenance
fee of $600 or more they can get much newer condos around here and with
lower fees. In the end the location is what is most important. If a developer
buys our properties we don’t prescribe anything less than even $250,000
for a 2 bedroom and may be even $300,000 for a 2 ½ bedrooms. After
all as we look at properties getting closer to Heights and downtown there
are 3,000 square feet vacant lots that are priced as a 2 ½ bedrooms
here , meaning about $300,000 .
March 11, 2107
Another 80% condo
This was sent by a very concerned homeowner here. She told us
about a condominium project just east of Post Oak Blvd. that her family
member owned a few years ago and was sold using the 80% law. Please keep
in mind that in Texas condos can only be sold at one time, only if they
vote to change the existing law from 100% to 80%. That is apparently what
happened there and these prime area townhome/condos were sold at wholesale
prices and everybody had to sell. Of course when the law changes, as posted
earlier here, the homeowners yield their ownership powers to a board that
will act as a trustee and will sell the property not necessarily to the
highest bidder. The homeowners in effect become bystanders and have to wait
to get their certainly less than market value checks after the sale. We
suspect there could be a payoff in there somewhere to the association and
may be a property manager to deliver the property to a developer who asks
the association to do the dirty deed for them.
In general in most places there is no organized opposition. Most homeowners
when they find out what is happening, it will be too late to act and they
don’t know how to prevent this terrible event from heading towards
the terrible finish. The event would be to hold a vote to see if they want
to change from 100% (meaning anybody can sell at anytime and at any price)
, to 80% , meaning if 80% decide to sell , the rest would have to sell also.
In many places they have crooked elections designed to accomplish the task
. This is what was in our opinion was transpiring here and looks like we
have stopped it dead in its tracks for now, with many homeowners becoming
aware of this terrible plan. This would be a plan that could only benefit
a developer and probably the people who would help bring it to fruition.
March 5, 2017
The board and Tina
As CH is getting competitive bids to show how much homeowners are
losing, Tina and the board are resorting to their last stand. They are now
hiding projects and bids received from Tina’s contractor. It is getting
harder and harder for them to hide the fact that the board deals with Tina’s
contractors, vendors, etc. at the expense of the homeowners. The count as
you can see with proven contracts , that the homeowners have lost about
$20,000 so far in the last year alone. This money could have been spent
in legitimate improvements and not improvements that are virtually invisible
or not necessary and at this exorbitant cost like the inside wood fences.
In the last concrete contracts that the homeowners lost $5,000, Tina did
not release the bid unconditionally. She only released it after it was signed.
We have no doubt that there was collusion with the board members who on
a Saturday were trying to implement this concrete job. She has no right
to keep the full extent of these contracts from interested homeowners who
actually pay for them and where she is only a hired hand , colluding with
the board or not. The board is accountable to the homeowners and to answer
why they are spending our money when there are many bids presented to them
which are much less than Tina’s contractors. Tina however, as a hired
hand and working for a management company in a business environment is governed
by business ethic laws and should be held accountable. There is no valid
reason for her to withhold bids from her contractors to interested homeowners
in plenty of time for these homeowners to get outside bids and present them
to the board. CH is working to get this issue resolved with all legal means
necessary . Tina and the board will hopefully see that they are working
for the homeowners and not themselves. This should be a true non-profit
corporation and working for the best interest of the homeowners.
After all why should the board not even want to see other bids
that can save homeowners money?
February 26, 2017
Another HOA crime family-This time
A mother and son pleaded guilty to grand theft of more than $100,000
and scheme to defraud, and her son pleaded no contest to the same two charges.
By pleading no contest, she is not admitting guilt, but is not contesting
Since neither has a plea agreement, the Judge will decide what
punishment they will serve. Sentencing has been set for March 17.
Both of them had admitted to Sheriff's deputies that they had taken
the money, using it to pay household expenses. Authorities said she had
deposited four checks totaling $12,622 to repay part of the debt.
In 2011, their unauthorized purchases totaled $17,465, representing
the most they ever spent in a single year, according to the affidavit.
She was elected treasurer in 2003 of the HOA, handling the finances
for the association where she had lived since 1994. An audit of the association's
bank account shows she began taking money from the group the following year,
totaling $2,005 in 2004, according to her arrest affidavit.
But association members didn't discover the problem until August 2015, reports
show, when a lawn care company reported that the association owed nearly
$27,000. When association officers checked the bank account, they learned
it contained only $50. The HOA Officers in the homeowners association told
authorities that shehad authority to make only a handful of supply purchases
and her son had no authority to spend the association's money.She continues
to live on the property.
As with all these cases there is no oversight. Probably some homeowners
had suspected something but other HOA members gave them a blank check, literally
and figuratively. Of course as always this mother and son con duo probably
needed money, embezzled it , and in the back of their mind there were going
to return it as some time when they could.
Fraud by property manager and his
Here is a story that should be familiar to the vistors
of this site. It happened in California.
Property manager and his firm, were charged with four counts of
wire fraud in connection with a scheme to defraud a homeowners’ association
of $247,000. He made his first appearance in court today.
The indictment alleges that he and his firm falsely represented that the
management company could properly submit bids to the homeowners’ association
for construction projects, and in submitting such bids, the defendants concealed
the lower bids to make it appear as if the management company was the low
bidder in order to be awarded the projects. The indictment seeks forfeiture
of $247,000 of illegal proceeds.
The indictment further alleges that on March 26, 2015, the defendants sent
an email, seeking a change order from the homeowner’s association
to cover the cost of asbestos removal. According to the indictment, the
defendants then sent an email to the contractor working on the project on
April 28, 2015, falsely representing that there was no asbestos present
in order to induce the contractor to conclude the demolition project without
involving an asbestos abatement firm so that the defendants could retain
the entire value of the change order.
As a comment on thsi story,it is our belief that an HOA has a chance
to remain honest until they hire a management company. The property manager
who handles all the money together with a regular salary can be tempted
to tap into that money by working with a particular contractor. That is
when one-contract bidding, under the table funding, contractor kickbacks
and all sorts of chicaneries come into play. They can start working together
and with no HOA oversight they can rake it in. They can create projects
out of thin air and when outside contractors get introduced by some watchdog
groups, they will ignore lower bids introduced by those groups in favor
of the contractor introduced by the property manager who usually happens
to have one handy in his/her rolodex or speed dial. The homeowners end up
paying for brand new vehicles, trips, kids school and other stuff by the
board members and of course the property manager. It can be very lucrative
for the board members who a lot of times have regular income , retired or
even have no other income.
Amusing comment at the meeting
Back in the Annual meeting the president who was not an owner
of record in 2008 when she got on board, made a comment about money and
making it. She said we don’t get paid here. In other words they operate
as the non-profit organization that they are supposed to be and they all
work as volunteers who happen to get elected year after year. In fact it’s
the same bunch that has been there since 2009 and only changed a couple
of members due to aging members. The new people are virtually unknown to
most homeowners. In fact they are very new homeowners.
However the comment was very amusing by itself. The president, the other
illegal board member and some other board members were seen trying to work
on these newly created projects today. Let’s recall CH submitted a
bid that was $5000 less than Tina’s contractor. They did not even
want to talk to that contractor. Let’s not forget for the fencing
project there were 4 other bids that were obtained at random , the board
wanted to meet in a sham setting by signing with Tina’s guy first
and then meeting these 4. Let’s also not forget that Tina kept the
full proposal for this latest project until after they signed and made it
conditional to get it in another sham meeting which was to approve Tina’s
They don’t get paid? Well not directly from us but it looks like contractor
kickbacks. Why not even meet with others and for sure before signing Tina’s
guy to se how they could save homeowners money. We lost potentially $15,000
on fencing last year and another $5000 now with the concrete job. This $20,000
money could have been used for other improvements.
We don’t believe they are working for free and especially working
on a Saturday and keep ignoring lower non-Tina bids. If they work for free
how come they don’t let anybody monitor the elections?
Tina’s second contractor- potential loss
for homeowners -only $5,000
Tina withheld the first bid from CH and would not release the full
proposal. She create d a condition on seeing it which was attending the
board meeting. It was a meeting scheduled for a few hours later on Wednesday
to approve Tina’s second bidder. The full proposal was not disclosed
until after the contractor was approved. The amount of the bid was closer
to reality and was over $15,000. CH already had found a bidder called at
random for $10,500. The board never wanted to meet with that company to
see how they can save homeowners $5000. We had promised more bids so they
wanted to approve Tina's guy bid before they would be facing 6 or 7 most
probably lower bids and hard to explain situation . It was like a middle
of the night kind of job , like the energy bid. For them it was best to
let Tina’s contractor win the job, again.
Let’s take a step back and remind ourselves that Tina is a hired hand
and made a conscious decision to make checking out the bids by interested
homewners conditional , with hours left and utterly a waste of time since
they never talked to CH-referred bidder.
CH is taking steps to make sure this will not happen with the future contracts.
Lets save ourselves some money.
February 2, 2017
The board went with Tina’s
guy-potential loss to homeowners $90,000
Yesterday as CH was planning to get the second bid, Tina and the
board just like the energy company deal saw the writing on the wall. They
saw CH was planning to get multiple bids and expose what the deal was really
worth. Tina’s guy for about $100,000 was planning to do a concrete
job for 1620 square feet. For that price they could probably do the whole
complex. That is only roughly a little bigger than the area needed for a
mobile home. CH had a bid from an independent bidder for $10K with the specs
given by Tina. The board did not want to meet with CH’s first bidder
and before other bidders could show the face of the board which is anti-homeowner,
and self-interest, signed with Tina’s guy in a deal yesterday approved
according to Tina herself. It was pretty much a deal done in the middle
of the night figuratively. The homeowners lost about $90,000 on that deal.
As you might recall in the energy deal Tina informed us that the time for
renewal was November 2014. When CH started the bidding around late October
we were informed that the board had renewed with the same company and not
wanting to know what CH could bring as most probably lower price. Tina told
us they decided to renew early October. She had told CH differently before
and did not inform us as to the change either. It was another deal done
with Tina’s office neighbor (one floor above her) so there would be
no competition. Only homeowners can change the situation by calling the
board and demand at least 5 bids for every project over $10K. Maybe then
they will get it.
January 31, 2017
Another way to lose your condo. What if your condo’s
special assessment was $80,000?
This happened in Chicago. The board decided on an $18M worth of
repairs which was advised by the property manager. The condos were built
in 1972 and converted to condos in 1979 . They described the building in
a state of crisis," saying that the property manager had passed along
figures that the city was mandating $2 million in necessary repairs, while
"reskinning" the building — a practice that has been called
an "energy-saving face-lift”- would bring the total cost to $18
million. This gives an assessment of $30,000 for every studio, $50,000 for
every one- bedroom or $80,000 for each 2 bedroom. As you can see with one
stroke of the pen they pretty much ended homeownership there. Since nobody
could afford it they are trying to sell the property as a whole to an investor
(sounds familiar?) to convert the building back to apartments. The process
is called a deconversion . The owners over there are now begging for such
a solution as oppose to a one-time assessment.
The first concrete job bid is in
CH called an outside bidder and asked them to give us a bid on the
concrete job. When we asked Tina which area is to be repaired she was of
pretty much no help. The area is actually marked by 4 red corners between
the maintenance building and 2201. The bidder who was in concrete business
was aware of that and spotted the area that was marked. Tina never mentioned
that and just directed CH to ask the board.
Tina’s number 1 bidder has a bid for almost $100,000 which the board
member echoed that salaciously at the meeting. They are waiting for her
second bidder which we don’t think will be much lower. The bidder
called at random again, sent Ch a bid for $10,500 for the whole project.
He gave the bid with all the specifications given by Tina to CH. That is
astonishing considering the other bidder for CH who measured the wrong side
of the maintenance building for 1620 square feet gave us a bid for $13,500.
It is starting to show some non-Tina bidder pricing. After all how does
it cost to do a concrete job for 1620 square feet? Last time on fencing
project Tina’s bidder was 3 times more expensive than bidders referred
by CH called at random. Is Tina’s bidder 10 times more expensive on
Are the homeowners getting fleeced?
In spite of Tina’s delaying tactics, according to what we
know from the meeting and the area having a concrete repair done, we got
a bid. As we recall the concrete repair and with the illegal board member
salivating over it, would cost us, the homeowners about $100,000 by Tina’s
# 1 bidder. CH received a preliminary bid of $13,500 for 1620 square feet
of concrete repair. The bidder was given the specs given to CH by Tina.Please
remember the area of repair is not totally confirmed as Tina sent an auto-responder
that she would be back on January 3rd sent on January 20th . The bid may
be low and may be unconfirmed but it hard to think it will be $87,000 off.
We are waiting for Tina to confirm that shortly. Time is of essence as the
repair is being done early February with the board finding a new place to
repair. Remember the wood fences that nobody could really see and cost us
according to 4 non-Tina bidders, about $15,000 extra. Could we really spend
$87,000 extra when we don’t have to? Does the area in that bad a shape
that we need to spend $100,000, that fast and with only Tina’s bidders?
We will keep you posted.
The new concrete repair
CH tried to find out more about the new concrete repair job that
the illegal board member was salivating over at the meeting. He was very
excited when he quoted the price given to the board which was about $100,000.
He sounded as if the price was more interesting than the job itself. CH
asked Tina about the quote the day after the meeting. Not surprisingly the
quote was from Tina’s number 1 contractor. The second quote to be
given late January and it is by her number 2 bidder. The job to set to get
started in early February which is not a lot of time. All of this is fine.
The problem comes when CH asked for confirmation of the area with a picture
sent to Tina. It is supposed to be a 1620 square feet area by the maintenance
building by 2201 building. CH wanted to get quotes and get comparison prices
and submit non-binding bids to the board. All of a sudden there was an auto-responder
on January 20th , stating that she is out of the office and will be returning
on January 3rd 2017! It sounds like she is playing games again and is trying
to stop extra bids coming in and may be exposing the board for overcharging
the homeowners again. We have an idea we are being overcharged. We like
the best bidder at the best price get the job. If they don’t, we like
to let the homeowners know how much money we lose on board’s exceedingly
evident self interest.
The meeting last night
A far as ownership, the meeting went well. There were no issues
and little talk about that was shut down by the board. The meeting sounded
legit and looked like to be the official meeting. You have to remember,
as far fetched as it sounds that there might be 2 meetings, and one with
inner circles changing the ownership apparatus , the idea of having 2 board
members with no credentials is also far fetched. Even more the management
company participating in this fraud is also very far fetched but it did
happen. When it comes to change of ownership apparatus nothing can be far
fetched especially when it comes to this bunch. Also you need to remember
the meeting was supposed to be held tonight acording to our bylaws.
Several homeowners have voiced their concerns to CH about the upcoming
meeting. They are following the events of the last few years, months and
days very carefully. They are well aware that they can’t trust a board
which as of this writing still has 2 members who got there without proper
credentials with the management company representative’s full knowledge.
They know when that happens anything else is a piece of cake for them.
The Annual Meeting is held the 3rd Tuesday of January according to our bylaws.
Why now it’s the 3rd Monday of January? Many homeowners suspect they
want to confuse homeowners and hope for no shows or extremely low participation
and finish what they were planning last year which was to vote on voting
for 80%. They instead met an angry group of homeowners who were informed
and rightfully upset about this uncalled-for law. They could also hold the
real meeting on Tuesday January 17th which is the expected day and when
only their inner circle shows up they vote to change the laws then. They
could just say well the meeting is always held on 3rd Tuesday in January
and that was a typo, again. The purpose is to vote on the 80% law. A management
company whose job is to at least get the date wrong can’t be wrong
twice. Its all the reason to suspect the events even more.
Our recommendation is: Show up both Monday and Tuesday of next
week t 6:30pm at Rice and be ready for any deception, and misinformation
coming from the board and Tina.
Their word especially about this subject cannot be trusted.
Its better to be safe than sorry and lose your condo for half its value.
January 12, 2017
Super nice guy accused of embezzlement
In Florida- An association's problem was discovered
early in the summer and a special meeting was held. According to the minutes,
"some financial discrepancies were found and based on those findings,
the accused decided to resign the position of General Manager…The
asscoiation council has a letter from him admitting his guilt in defrauding
the HOA of funds. At this time, the total amount of the fraud is not known,
but it is about $200,000".
According to the board, he admitted to taking money, beginning
in September 2015. He promised to pay it back by cashing in a 401(k) and
selling some real estate. Subsequent minutes stated he had made partial
By all accounts, he was well-loved in the community. No one was
questioning anything because he was such a super nice guy. But nice guys
don’t do that to their friends.
This is how super nice guys and gals can embezzle in an HOA. They
convince themselves they will pay it back when they are able to. On the
back of their mind this is how they justify embezzlement. Then when they
can’t put it back they can blame outside conditions like bad economy,
special family situations, etc. The key is to stop these crooks so they
won’t be able to get started stealing homeowners’ money.
There are simple things that make it difficult for embezzlers to
operate, she said.
1.Keep a list of every check and each month compare the list of
checks to those on the bank statement.
2.Require documentation for payments, make sure invoices are attached.
3.If there are fees collected, make sure each member’s payment is
tied to a deposit in the association bank account.
Correction was wrong too
Due to homeowner inquiries about the wrong and confused date regarding
the incorrect Annual Meeting date, the board sent another letter. The new
and titled “corrected” letter shows Monday December 16 as the
Annual Meeting date. The Bylaws clearly state that the Annual Meeting will
be held on the 3rd Tuesday of the month of January. The meeting should be
Tuesday January 10, 2017 at 6:30pm at Rice. How can the management company
that is responsible for this basic information make yet another mistake?
We believe this was a purposeful act. The board and Tina don’t like
homeowner participation. If they really did, they would send the letter
60 days in advance and with no fundamental errors.
This comes at no surprise when the board has already violated the bylaws
aided by Tina by having 2 illegal members on it. Why not mislead again?
The amusing thing is that with all caps and bold letters it states “
A COPY OF YOUR WARRANTY DEED/DED OF TRUST MUST BE IN THE FILES OF THE MANAGEMENT
COMPANY (name left off) IN ORDER FOR YOUR VOTE TO BE VALID.
May be Tina forgot that 9 years ago and keeps ignoring it when reminded.
The illegal members go way beyond voting. They sign illegal contracts.
January 8, 2017
Condo being converted to rentals
The homeowners paid about $200,000 for each condo unit in the subdivision
some just 4 years ago. They are now fighting what is starting to look like
a losing battle. It is located in a prime area, getting ready for massive
redevelopment. An investment company has bought 85% of the condos on a speculative
basis (maybe like tax value price only) with the goal of converting them
They only need to own a few more to achieve their goal. The way they are
going about it is huge assessments and demanding payment in full and arbitrarily
assigning long-held parking spots, unless they accept what the owners call
ridiculously low offers. One assessment was for $2300 payable in 30 days.
As in cases like these, the most depressing thing about it is being
forced to sell.
Until 2007 in Florida, major repairs or termination of a condo association
required the approval of 100 percent of the unit owners.
In 2007, it amended the law so that 80 percent of owners could terminate
an association if no more than 10 percent of owners were opposed. That meant
one or two recalcitrant owners couldn't block the will of the majority.
But as thousands of Floridians lost their homes and the demand for rentals
soared, investors realized that the new law could help them convert condos
A deliberate act or a typo?
The Annual Meeting letter sent by the management company states
the time of the meeting to be at 6:30 at Rice on Monday January 17th, 2017.
The calendar shows that day to be Tuesday, not Monday. CH has already sent
an email to Tina and asked for correction and at least a one week delay.
Some homeowners have told CH that this done on purpose to confuse the homeowners
and to lessen the participation. After all the board has to answer as to
why they spent about $15,000 of our money, on fencing , on one building
when they knew there were other bids available at 1/3 that bid. Some other
homeowners who did not know the history of this self-elected, proxy-elected
, with 2 illegal members, thought otherwise. The function of the management
company, when it comes to elections, meetings and announcements is that
the basics are correct. Tina should not let candidates who are not owners
of record run and she breached that duty knowingly. They should check and
double check the date stated on the letter is correct and its not. CH agrees
with the homeowners who think this was a deliberate act.
December 26, 2016
This is an article regarding the
situation in Florida and condo termination. Florida already has the 80%
As Florida developers adapt to the lack of suitable development
sites, some are turning their focus to condominium communities that were
built decades ago for middle-income working families and retirees that are
now located on what would otherwise be prime development sites.
This is causing angst to some Florida condo owners about the future
of their homes and communities. To some condo owners, developers offer the
opportunity to cash out for a good price. But to others, condo buy-outs
are nothing more than a nightmare where developers force them out of their
homes, and in some cases in a way that forced homeowners to incur significant
The Legislative Background to Condominium Terminations
In 2007, the Florida legislature enacted laws setting forth the
procedures for condo terminations, sometimes called condo buy-outs. The
law provided that a condominium could be terminated if least 80 percent
of the total voting interests of the condominium approve of the termination,
but only so long as no more than 10 percent of the total voting interests
do not reject the plan by a negative vote or written objection.
Because many communities required a unanimous vote to amend the
condominium’s governing documents in any manner, the 2007 legislation,
requiring only an 80 percent vote to terminate the community, was beneficial
to many real estate developers. Unfortunately for some developers, and perhaps
luckily for some homeowners, a recent appeals court decision is restricting
the new rule’s application.
The Courts Get Involved
In the recent case, a majority of unit owners favored terminating
an oceanfront condominium in order to make way for new development. But
a few owners objected to the proposal and voted against it. A Miami-Dade
appeals court ruled that the 80 percent rule set forth in the 2007 legislation
wasn’t applicable. Instead, the court ruled that in order for the
condominium to be properly terminated, 100 percent of the unit owners needed
While this recent case may throw many planned condo terminations
into doubt, the decision has been heralded as a victory for homeowners scared
of a forced move. But developers say the decision could delay much needed
economic redevelopment to less affluent areas in the state. In either event
it illustrates some of the complexities surrounding condominium terminations
Our Condo is Terminating: What Happens To The Holdouts?
Many condo owners in Miami are fearful of a forced move –
and not without reason. Throughout the recession, stories of unit owners
forced out of their homes for prices below the amounts they owed on their
mortgage started appearing throughout the state. The condo owners faced
the undesirable situation of being forced to sell their homes while continuing
to owe significant sums on their mortgages.
Luckily, legislators realized the issue and amended the law to
provide that that mortgage deficiencies for those current with their monthly
payments would have to be forgiven by the mortgage lender. In addition,
owners that have the condo unit as their homestead are now entitled to receive
a relocation bonus equal to 1% of the proceeds allocated to their units.
Finally, if the developer intends to operate the building as a rental property
following the termination, the unit owners now have the right to receive
a one-year lease at the same terms that are offered to the general public.
The issue of condo terminations is already causing for heated condominium
board meetings throughout the state and with natural land constrains and
the population in south Florida continuing to grow, we can be sure the issue
won’t disappear anytime soon.
This situation could happen to us in Texas if we
let the vote on 80% happen.
Illegal board members
There are two positions open for this year’s charade of
an election. We asked Tina if the 2 illegal board members who she helped
to get on board will be staying. The answer was that they will be on the
board and if their term is expiring we can guarantee 100% they will be re-elected.
Please keep in mind Tina herself is in breach of fiduciary duty. In short
we have a board with illegal members, made possible by an illegal act, continuing
to sign contracts and documents with no authority to do so.
Please try to make it to the Annual Meeting on January 16,2017
at 6:430pm at Rice across the street from us. It’s very important
for homeowners to show up and let the board and whoever who might conspire
against your property to see first hand what is going on. This conspiracy
has been going on for too long to think it is gone for good.
You can also ask the board why they only consider Tina’s guys every
time bids knowing full well there are lower bids.
Remember all of it is your money including the rental at Rice.
We finally got a word from Tina and according to her , there is
no maintenance fee increase for the coming year. We can put to rest the
thought of the 80 % ers trying to take our property away from us, at least
on the fee increase front. There are other ways of doing it though. They
have been have planning for at least 4 or 5 years. Please remember :living
under an HOA means your best interest as homeowners is most of the times
not considered, only the interest of a few. For proof just recall the contractor
meeting that they signed Tina’s before meeting other contractors.
Don’t let your guard down and try your best to make it to the Annual
Meeting in a few weeks.
Maintenance fees and invoices
On Thursday last week a day after the board meeting, CH emailed
Tina. We wanted to know if the maintenance fees were raised or stayed the
same as last year. CH as being a watchdog group also monitors checks paid
by the association for every quarter to see all checks paid to vendors and
contractors during that quarter. We asked Tina about 3 large checks paid
to a plumbing company and another known vendor. One of the checks to the
plumbing company approached 5 figures and the other over $5,000. We wanted
to get a copy of the invoices to see what kind of plumbing job around here
would be about $10,000.
We haven’t got a response to either question. The delay is kind of
understandable about the invoices as probably some research needs to be
done. However, you have to remember we are only talking May and June, but
due to holidays may be there are some delays involved. The issue about maintenance
fees of course could be a one word answer, yes (increased) or no (stayed
the same). Her delay in answering takes us to the side of increase. If that
is true there would be cause to worry that the 80%ers could still be at
work , as this would be the second year in a row and again with absolutely
no logical reason. This could be far fetched but with two illegal board
members continuing to sign official documents here you cannot let your guard
December 4, 2016
Maintenance fee meeting
The October meeting for deciding on maintenance fees which was
changed to November and then as Tina said “it’s always held
in December” will be this Wednesday. There has been virtually no improvements
this year and the only major job , the fencing job at 2121, building , the
Board on purpose did not want to see what the 4 lower bids referred by CH
and called at random were all about. The maintenance fees were raised last
year also and with the highest reserve in 20 years there were no major improvements
either. There was one rush fencing job at 2101 building before CH went to
work and got the extra bids for 2121 before they rush to that one. Of course
as you know they stopped the work for 6 months and then were not even minutely
interested in those lower bids. They could have saved everybody money by
about $15,000. That was money that could have gone to other improvements.
As we mentioned earlier an investor has various means to get our property.
One of those would be to increase our maintenance fees and every year and
probably even exponentially if things don't work out in their favor, like
everybody sells. It could start small like the measly 3% that was increased
last year. It didn’t make sense and if it increases again this year
it could be alarming ,suspicious and worrisome. We will keep you posted
unless Tina says that it's always held in January.
November 26, 2016
A common complaint among the two
Ever since CH has started getting multiple bids we have
heard complaints from two entities: Board and the management company. The
first one was from the management company and one of its members (not Tina).
She complained that by submitting extra bids ,CH is trying to “inject
itself”. This is strange since the management company is essentially
a hired hand. It is paid to do whatever they are supposed to do which coincidentally
includes handling our elections in its entirety. It has been shown of course
that in the person of Tina at least does whatever it takes to put whoever
is desired on the board even if it means looking the other way and violating
our bylaws. The other activities could include signing her contractors with
the cooperation of the board even at sometimes 3 times the cost. All this
is currently and in the past has been done but getting upset about it is
new. A board member recently also was heard saying the same exact two words:
that CH is trying to “inject itself”. Let’s also mention
that CH at this time is not thinking about getting a thank you for its efforts
to lower the costs for all homeowners and the board is not happy about it.
Both entities are upset and they just complain. They can’t explain
What they both are missing or ignoring is that the reason CH “injects
itself” is primarily for the benefit of our fellow homeowners. It
is a data reporting function provided free of charge to let homeowners know
how much we are losing in each project and the board seems very willingly
to work with Tina only, to sign her vendors and contractors. They frown
upon others injecting themselves. Let’s also not forget that the homeowners
are the ones footing the bill for Tina’s services, and her management
company’s fees and other expenses. The bids provided are always non-binding
and the board can and will always hire its own (its usually Tina’s).
Just the fact that it is not welcoming or even listening to other contractors
Many homeowners see heavy trash, like couches, furniture, beds etc.
pretty much on a weekly basis left by the trash bin. The board policy is
that this it is ok as long as you are not caught. They don’t even
actively look for those who do that. They pay the extra fee to have it hauled
away . There are no signs advising against heavy trash dumping, no questions
asked, no investigation is ever done as to who dumps trash on a regular
basis. All this changes if somebody is caught . Then alarm bells go off
and the board who is rarely seen walking the property gets all upset and
would want to impose fines. There is even an outcry about spending extra
fees and by all people Tina. She is actually concerned about people dumping
trash and the association would have to pay the extra fee to have it hauled
away. Let’s not forget that Tina is the one that has her own contractors
signed to 3 times the cost (as in the fencing project that cost us about
$15,000 needless spending). She is the one who tries to delay sending any
contracts signed to CH, and keeping it vague on purpose to leave wiggle
room. She is also the one who oversaw the election in 2008 that elected
2 board members who were not owners of record at that time. Yes the same
Tina who had the board renew the contract with the energy company one floor
above her own company before CH could get competitive bids and potentially
save everybody money. She claims people have been fined but she can’t
produce a list of those fined. She is now worried about spending fees to
have heavy trash dumped. Most amazing is that one of the two illegal board
members is the one who is most upset about heavy trash dumping. He is the
one that signed the fencing projects with Tina’s contractor a week
before meeting with 4 contractors called at random by CH. One thing about
getting illegally on the board is that, you don’t have a legal leg
to stand on. As one observant homeowner put it when people see heavy trash
dumped on a pretty much weekly basis then everybody thinks its ok. A sign
was put on trash bins after this thoughtful comment as of yesterday.
Maintenance fee meeting
As long as homeowners remember the monthly board meeting to decide
the maintenance fees has been held in October . Ever since CH has started
checking vendors and contractors hired by the board, the board and Tina
have become more evasive. They used to send the letter informing homeowners
when the meeting would be 2-3 months in advance of the annual meeting. The
letter usually stated how much the maintenance fees would be, either staying
the same or increase and other information. In its efforts to lessen the
impact of a probable increase for 2017 ,they now have postponed the meeting
to December. When CH asked Tina when the meeting would be for decision on
maintenance fees, she initially said November 2. When asked on November
3 if they did increase the fees the night before, she said they would decide
on that in December meeting. When asked why the change, she responded they
have always had it in December. She probably forgot what she wrote a month
earlier in her email. She carries water for the board. An increase in maintenance
fees would reflect on the board hiring her and her most used bidder and
the usually higher cost(like 3 times in the fencing project alone) passed
on to us. For the homeowners, please remember we pay for her services. Its
time to ask her and her company to manage elsewhere. There are quite a few
associations that we know of that have asked them to do the same. You can
fill out the form by clicking at the top to ask her to do so. There have
been quite a few other homeowners have done the same. She and the board
are no friends of the homeowners.
These stories don't ever get old,
A property manager who reportedly stole more than $350,000 from
11 condominium homeowner associations in Birmingham ,Alabam,pleaded guilty
this week to one count of wire fraud.
She entered her plea agreement to a U.S. District Judge. Her sentencing
is scheduled for Feb. 17.
The maximum punishment for wire fraud is 20 years in prison and a $250,000
fine. As part of her plea agreement, she will have to pay $375,750 in restitution.
She was employed as a property manager.
According to federal court documents, she has managed 11 condominium associations
within the city. She attended association meetings, assisted with the use
and accounting of the homeowner association funds, coordinated maintenance
services at the properties, helped bid contracts for maintenance and improvements
to the properties, and assisted the associations with budgeting.
She also owned and operated an interior design business.
She said in her plea agreement that she created fraudulent invoices for
goods and services in the name of her interior design company and submitted
those invoices to the 11 condominium associations. The invoices contained
descriptions of items billed, but those items were never actually purchased.
November 3, 2016
Looks like Tina and the board are doing everything they can to
keep the project a secret.
Numerous emails to Tina as to when the project will be done has gone unanswered
or vaguely answered with a date of sometime next year. If it is to be done
next year, why was a board member taking pictures about 10 days ago from
part of the area scheduled for remodeling? For the homeowners it should
be clear by now that Tina and the board want to give the job to Tina’s
guy. This could cost us all. It’s a cost that could easily be avoided.
The fence job that they did not want to even meet with other contractors
called at random before signing with Tina’s guy speaks volumes. We
lost about $15,000 on that job alone. This money could have been spent on
needed improvements around here. It’s really a chase and a game of
hide and seek. Our money is at stake. Please remember the wasted money would
be expected to be paid by you, the homeowner in the form of increased maintenance
fees in just a few months. Homeowners can voice their displeasure and demand
multiple bids by calling the board spokeswoman Tina.
October 29, 2016
A lucrative project?
It sounds like the project created from a 10 inch crack is more
lucrative than originally thought. It is so lucrative that Tina is dodging
questions about specs and tries to leave wiggle room at the end. By the
end we mean when her guy gets the job.
As posted here earlier, we tried to get bids for the project. Please remember
these are non-binding bids and the board can start the project at anytime
and at any price they want. Our whole mission is to show our fellow homeowners
how much more expensive this becomes when they don’t consider outside
bids and at least with the fencing project, on purpose. There is no doubt
the board and Tina are in this together and they try to give all jobs to
Tina’s guy. When we finally got the specs after a lot of drama from
Tina, according to her it was from a similar project in 1996. The drama
continued with the fact that it was left from a previous manager! She has
been the manager here since 1990. The drama was piled on when the specs
were there but the financial records had been destroyed!! Then all of a
sudden she says on Friday that we were given the specs already. When CH
forwards her own email showing that these according to her were from 1996
and only a minute later, she sends an auto-responder saying she has left
the office!! Let’s couple that with the fact that a board member was
seen taking pictures from across Fountainview just a week ago and from areas
marked in the specs (the 1996 specs).
All that drama and running away from CH and changing the date of this project
from September to October and then to November and then to sometime next
year, indicates this could very well be a lucrative project. No other informative,
non-binding bids considered. The board who is in possession of your money
does not want to hear or see any bids other than Tina’s guy.
The result of these one bid projects could only mean the homeowners have
to pay for it.
We will know this in December board meeting. The maintenance fee decision,
that as far as homeowners remember and in previous postings here has always
been in October was changed to November just this year. As part of the drama
it is now postponed to December. According to Tina and her drama it has
always been in December. She forgot that, when she said November a few weeks
prior. She needs to at least remember her drama (or storyline) accordingly.
October 25, 2016
Annual Meeting- 1st reminder
Our Annual Meeting is set for 3rd Tuesday in January. That date
falls on the 17th. You might think it’s a little bit too early to
remind you. Before Concerned Homeowners started complaining about the yearly
increases in our maintenance fees starting back in 2003, a reminder would
be sent out to all homeowners’ right about this time of the year.
That didn’t mean they wanted to encourage participation, far from
it. They just wanted to appear to do the right thing without risking anything
like having to answer unpleasant questions about the increases.
For the past 10 years or so they haven’t wanted to do the right thing
anymore. They send the notice a couple of weeks before the meeting and hope
only the friends of the board show up and have some fun and renew their
friendship and answer some friendly non-pressure type questions. They can
and possibly change that date to throw homeowners off and have even less
participation. Don’t even think establishing a quorum would be a problem.
If people not being owners of record can be board members establishing a
quorum would be the least of their problems. Let’s remember the possible
sale of the property that had all homeowners in a tiff last year. That’s
what CH had considered a possible conspiracy against the homeowners. According
to our calculation they had worked on it for 4 years only to see it thrown
back in their faces. People who thought of that plan might still be planning.
Only a healthy and full participation by homeowners again will let whoever
was planning it to think elsewhere. We also like to find out why the board
now plans to increase our maintenance fees for the 2nd year in a row. We
will know that for sure by November 3rd. If they do we could ask them why
with highest reserves in 20 years or so according to them, they don’t
solicit more than one expensive bidder, Tina’s. Please remember your
participation will make all the difference in protecting your interests.
Condos for sale here
An online look at our area shows the condos for sale here. These
are both 1 and 2 bedroom condos. The 1 bedroom condos are listed at what
CH had predicted 2 years ago to be right around $100K with one priced at
$115K. As we had mentioned this is a very special location with billion
dollar developments walking distance from us. However there were some 2
bedrooms that have been listed as low as $110K to $130K. These are way below
our prediction. Houston does have a little bit of a down market but as we
have mentioned before this particular area is special. The newly built luxury
apartments only 50 feet away from us together with a brand new HEB walking
distance from us and more luxury apartments about 500-600 feet south of
us and a few more buildings scheduled to be torn down for new developments
promises even more appreciation in our values. There are several reasons
in the low prices for the 2 bedrooms. Number one is always the necessity
to sell for whatever reason. It could be a desire to move to a house with
a big yard which comes after owning a 2 bedroom condo, getting tired of
the neighborhood or plain needing to cash out. One other reason is that
these homeowners consult a real estate agent and agree without further research
on whatever price the agent advises. For these agents a price of $130K is
reasonable. The agents that know about the brand new developments a $130K
price can still be good for them. Typically an agent makes 6% commission.
This commission most of the time is split with the brokerage firm that they
work out of and further split if there is another agent that introduces
a buyer. That leaves them with 3% or 1.5% commission respectively. If they
raise the price to its real value which could be $170-180K , a 3% commission
could translate to another $1200-1300 or just $600-700 more. However this
would require more advertising, more time in doing open house and no money
in the meantime. With a $130K price they can sell the condo fairly quickly
and get a nice $3500-4000 commission check . The deal would make sense for
the agent, but may or may not be the best for the owner who has been made
to believe this is the most he or she can get for their 2 bedroom. The owners
are best advised to do their own research and consult more agents, preferably
the ones that can get them what their 2 bedroom is really worth.
A few days ago a board member was observed taking pictures of the
front of our building. As posted earlier here, there is a big project by
the board planned here started by a 10-inch crack on a ceiling over a boardwalk.
The area being photographed by this board member included the area discussed
in the plan according to specs given to us by Tina. Lets also remember that
Tina stated that she didn’t have the specs and she could only give
CH the specs of a similar project dated back to 1996. This was odd. How
could she know that? She had no way of knowing that unless the specs from
a month or two months ago, i.e. the new specs were given to her. In other
words we believe she refuses to give to us. The reason: we could get competitive
bids and derail or postpone the signing of her contractor without checking
a most probably lower bids provided by shopping around by CH. She has promised
to let us know if there would be any changes. We don’t believe her.
We are getting some bids to see what the values really are. Basically we
think Tina and the board are now hiding any upcoming renovations in the
fear of homeowners knowing the truth. The truth is how much extra they would
be paying just because board wants to sign Tina’s contractor at the
exclusion of others no matter the cost to the homeowners. This could show
up in the form of increased maintenance fees in a few months. After all
somebody has to pay.
Vendors and contractors here- a summary
About 1 ½ years ago CH decided to do research on different
projects done here by Tina’s contractor and compare that to the outside
bids. The results have been mind boggling but the most surprising has been
the board’s reaction to all this. First the fencing for 2101 building
was done early 2015. CH decided to get comparative bids and found 3 companies
that charged 2/3 less. That was huge and about $15,000 less than Tina’s
guy. The board hadn’t shopped around and we potentially lost $15,000.
As they were getting started to do 2121 building we got into quick action
and got 4 bids that showed again 2/3 less than Tina’s guy. The fencing
project for 2121 that was planned to go on very shortly was stopped without
any explanation. In the meantime in April of 2015 we found the gas provider
was a company one floor above Tina’s company. That was odd. Why didn’t
they shop around and again they stuck with a company very close to Tina’s
office? Knowing what we knew about the fencing we decided the get comparative
rates for gas. This was different and we found out that we could only get
valid rates near the expiration of the current term. This was going to be
November 2015. Realizing what was awaiting them which were them not being
able to renew with the company very close to Tina’s office, they beat
CH to the punch and renewed with the same company in October 2015. We don’t
know how much the homeowners lost as we have seen contractors that are close
to Tina have a higher rate. We don’t expect vendors to be any different
specially when they hurry up to sign them before CH gets a chance to do
competitive bidding. What did they have to lose in looking at extra bids
The fencing project for 2121 that was stopped due to lower bids
by CH resumed but they signed with Tina’s contractor on 2/29/16 and
set a meeting to meet with CH contractors that were called and found at
random on 3/6/2016, a week later!! This was a total disregard for homeowners’
money. The homeowners lost about another $15,000, money that could have
been used for other improvements here.
There was an asphalt repair here done with more needed to be done. It was
done by Tina’s contractor at $9.40 per square feet. We suspected more
needed to be done so we went ahead and got some extra bids. There was one
that came at $7.20 per square feet and we sent that to Tina. No more asphalt
job was done.
A crack appeared just a few months ago on a ceiling over the board walk.
The board turned that into a full project. When we asked for the specs from
Tina, as you know from the previous posts here, we got one from 1996. It’s
very hard to believe that they decided on doing repairs but not giving any
specs to Tina. These can be good projects but can be done at lower price
and not necessarily with Tina’s contractor.
What is most surprising is that the Board was adamant NOT to check
CH’s bids in advance to see if it can benefit the homeowners. The
job is given to Tina’s contractors no matter the cost. The Board is
not interested in saving homeowners money. They don’t even consider
outside bids. All this is costing homeowners money and it could rear its
ugly head in the form of increased maintenance fees. It is understandable
to talk to all contractors including the ones presented for free to the
board and pick the best one by making an informed decision and save homeowners
money, but not to talk to them at all? There is no reasonable explanation
for that. We suspect there is a sinister reason behind it. All this comes
at homeowners expense. Its time for homeowners to demand competitive bidding
to start saving money desperately needed for repairs not for the board's
October 5, 2016
Drama is back. Specs are here but…
As of yesterday posting, the project was suspended indefinitely.
The specs by Tina’s email were not given to her even after couple
of months asking her.
All of a sudden Tina sent the specs today. Not only they were clearly
written out but had 3 proposals. There was a catch though. The specs are
from a similar project done in 1996.
She had typed them in based on specifications in 1996 complete with handwriting
CH asked her to send the corresponding proposals. After all if
she had access to 1996 specs she should have access to its proposals. No
such luck. She didn’t have it. When we asked her what month it was
done, she didn’t remember. When we asked her to send CH each quarter
of 1996 she responded they were destroyed. Why a management company not
even scan all let alone the most important documents on its computers belonging
to 20 years ago which was the accounting part of it; but keep the specs
of a project remains to be seen. We’ll keep you posted. As you can
see the drama continues and all because CH wants to get non-binding bids.
October 4, 2016
Project suspended indefinitely
As you recall in previous postings, how a little crack turned into
a “big project”
according to Tina. The little 10 inch crack on the ceiling became a project
for top, bottom and other areas and by the boardwalk. That is until CH asked
for the specs to compare the prices with Tina’s bidder. As we all
know these are non-binding bids and it would just show how much the board
is in bed with Tina’s bidder and they like to do pet projects at any
expense. Just look at the fencing project on 2121 that cost us 3 times as
much as our non-binding bids. The word came today that probably because
CH wanted to comparison shop for the good of everybody, for no given reason
the project was suspended indefinitely. This project was supposed to take
place in July or August. When CH wanted to get extra bids it was postponed
till November. Now this seemingly good project that shouldn’t cost
homeowners an arm and a leg has been suspended indefinitely.
It just goes to confirm, if Tina’s bidder doesn’t do the job,
the Board will not do the job at all no matter how beneficial to the homeowners
the job could be.
October 1 ,2016
Type of investor
As posted earlier here and in the letter to homeowners, we believe
the sale of the condo has been in the works for at least 4 years. There
has been lots of planning and different strategies employed to trick homeowners.
Plans like only a simple majority needed, or 75% needed, and finally 80%
which is the magic number to terminate a condominium association. We are
not the first association to face such a threat. There have been many both
in good areas and not so desirable areas. Some have been done with good
reasons like dilapidated areas that were in dire need of repair for the
good of the neighborhood to curtail illegal activities, improve the neighborhood
in general or other reasons. There have been some with not so good reasons
like eminent domain going to private development .Accordingly there have
also been investors with lots of resources that could buy all residents
at top price to get them out quickly and start demolishing like many new
developments we have seen here and some with scarce resources. We believe
whoever was behind our property grab was of the latter type. An investor
that probably needed to borrow a lot of money , was highly leveraged , probably
partnered with alike investors and depended on lowering the prices of our
condos to get our property which is located in a highly desirable area with
brand new developments at a bargain price. After all why anybody with lots
of money would have to plan for years and depend on a Texas property code
to buy our place? For an investor time is money and they would proceed quickly,
not with a 4 or more year plan (at least). Homeowners should keep their
eyes and ears open. Chances are the threat has not disappeared.
Another HOA, another
theft by a property manager
As you can see these are becoming vey common. A property manager
sees all that money going through his/her hands every month . With all the
daily problems they face and bills to pay why not them having a share in
These are the ones that are caught and are reported. There are many cases
that the homeowners’ through a banana republic type election, in most
cases one-contractor and same-contractor bidding see their money going to
waste. Remember in most states the only remedy available is a lawsuit or
with a forensic accountant a criminal referral. There are some states that
have setup a very weak commission (which is a good step though). In those
commissions which usually is part time, they most of the time tell the parties
to solve the problem among themselves. Texas has a ridiculous one, in that
the commission is run by CAI which is basically the head agency overseeing
property management companies. CAI is no friend of the homeowners.
This theft happened in Arizona.
You can imagine how many homeowners are affected by this theft. As a result
how much increase their maintenance fees will be. This after all affects
the reserves, operating account, etc.
He stole over $250,000 over 10 years. Why did it take that long to catch
him? Could it be the rotating carousel of board members benefitting from
that embezzlement? It is not impossible. There is a reason for banana republic
September 17, 2016
Another HOA, another
theft by a board member
When we first started putting true stories of embezzlement by HOA
officials many readers of this website were skeptical. After all they see
their own board members with righteous attitudes sitting across the table
from them in homeowner meetings and watch them signing contracts or issuing
orders in other occasions. Many thought they were at most incompetent but
thieves? We get this from homeowners all over the country. They just write
that prior to these reports they never thought board members and property
managers were capable of doing such things. They are and with unchecked
powers and nobody watching, adding some loose morals and value system ,
they can turn out to be full-fledged crooks.
Best case scenario would be that they justify their theft in their mind
that they need the money to pay some overdue bills, and they would put the
money back in the account when they are able to. The worst case would be
to get a license for theft just by getting elected to the board and just
rob the bank accounts. In most cases they get elected by proxies leaving
the homeowners powerless to stop their election.
The following happened in Florida.
A former homeowners association president has been sentenced to
prison for embezzling more than $180,000 from her community.
Court records show that she, changed her plea to guilty on a grand theft
charge and was sentenced to five years in prison followed by 15 years of
probation. She also was ordered to pay $192,416 in restitution during a
She was president of the HOA from January 2009 through December
2013 and forged signatures on dozens of checks she deposited into her personal
bank account, authorities said.
A letter filed in court in January from a homeowner, spoke of her
wishes for prosecution of the crime and said more than 200 people in her
community had suffered from her actions.
"She has caused hardship for many of her victims. Families
with children, elderly on fixed incomes, laid off and unemployed people
struggling to pay their bills," she wrote. "She stole from all
Her attorney, said his client has two young children and stole from her
community at a time when her husband had lost his job due to an injury and
she was a pregnant stay-at-home mom.
"She engaged in this conduct at a point in time when her family
was suffering a great financial tragedy and she made a foolish decision
stealing from her association," he said. "I know she regrets it.
Court records show that she pleaded guilty to charges of grand
theft and uttering a forged instrument in 1997. At the time, the judge withheld
adjudication, meaning there was no conviction on her criminal record, and
she was given three years of probation. She also was ordered to pay about
$4,500 in restitution.
With her record in grand theft she was elected as president of the HOA ,
12 years later. Guess nobody bothered to check her record.
She probably got elected by proxy votes and wink and a nod from
other board members and was unleashed on the homeowners by their action.
September 13, 2016
Recently there have been some burglaries at our complex. These
have included some break-ins into cars with some items stolen. A few years
ago we proposed a camera to be installed overlooking all buildings. With
proper notices it could have deterred many robberies. This idea was shot
down because of concerns over liability. This brings up the question: how
can monitoring what is actually happening on the ground create a liability?
The city of Houston and many private businesses monitor various areas of
the city and many streets all the time. In fact the police go to many businesses
near where the crime occured to see if they have any film footage to assist
them in catching suspects.
It became even stranger when instead of cameras the board discussed the
idea of hiring a private security guard. If cameras could be intrusive probably
by monitoring non-common areas, a security guard would potentially go into
non-common areas to pursue thieves. Of course both ideas were abandoned.
Hiring a private security personal cost too much money. Of course they don’t
care about money when they do repairs that are not necessary like the fences
and at potentially 3 times the cost and only with Tina’s bidder.
September 4, 2016
CH will continue to discuss the 80% rule in depth and continue warning
homeowners about it. For investors there are other ways also. Please remember
that this is a very valuable location with old buildings very close by as
well as brand new $200-300M buildings and brand new commercial buildings
walking distance to ours. Investors are most probably eyeing ours. We believe
the process of getting ours which is the only condo building in the area
started probably around 2010-11 or possibly even earlier. This plan looks
like to be doomed with the strong showing by the homeowners and rebuffing
the idea at the last Annual Meeting. However, being resourceful people that
investors usually are, they have other methods at their disposal. One method
is to levy a huge assessment fee for renovations. This happened in a high-rise
Inner-loop luxury condo with many well-to-do homeowners that a one time
$100,000 assessment per homeowner for upgrades seemed unnecessary and came
at a steep cost. It was one person on the board that was pushing for it
and already had a contractor in mind. The project was met with protests
solely because it was not necessary ,even though homeowners could afford
it. In here and usually in other HOA controlled condos and houses, for the
board this could be a win-win situation. They can give the project to their
favorite contractors (like Tina’s in ours). Let’s not forget
they signed the fencing project without even meeting with 4 independent
contractors that they knew had much lower bids than Tina’s contractor.
When people can’t afford these assessments, there would be the investor
with open arms who would gladly take their ‘problem’ off their
hands. They can also increase the maintenance fees on a yearly basis ( like
ours with a 3% last year) or a big one , like we had one 11 years ago at
25% which caused many people to put a for sale sign on their property overnight.
However back then the issue was not the property but the board’s incompetence
and some other factors that had caused a budget shortfall and they wanted
to make up for it at homeowners expense. Now it is the actual property,
11 years later and a much more vibrant Houston economy ,a very desirable
street, in a very desirable area with some greedy investors that could be
looking at our property as red meat.
Let’s see if we have another totally unjustified maintenance fee increase
like last year. That could be a telling sign for things to come.
Fraud by management
More than $500,000 may have been stolen from 29 home owners associations
in 2 counties in North Carolina that are managed by a property management
Police said Tuesday the possible embezzlement was discovered after some
HOAs came to authorities about the matter last week.
Police said that the issue will take some time to examine because of extensive
bank records involving the 29 possibly affected associations.
The management company is accused of fraud and embezzlement.
It can happen anywhere and with no governmental agencies overseeing HOAs
and the management companies that in many cases are in bed together, the
homeowners can only resort to courts to get justice.
When homeowners talk about creating a governmental agency to oversee potential
, suspected or perceived fraud, people who benefit from HOAs start talking
about how expensive creating an agency is , ignoring the fact that about
60 million people live under HOAs and need an agency to address homeowner
complaints, mostly about fraud. Board members and by extension the management
companies are accountable to no one. With all the government waste, this
is where these people who receive benefits from the way things are now,
get concerned about losing a lucrative livelihood under a supposedly non-profit
organization, and put their foot down.
Solution: Keep calling your congressman and demand a creation of exactly
such an agency.
First time ever
A recapping of events: Ever since we found out about a job made
much bigger than a 10 inch crack repair reported to Tina, CH has been after
the specs for that job. CH asked Tina over and over again and she responded
that it was just a work order. When CH asked for a copy of that work order
she responded that ‘she just called it a work order and it was really
3 other cracks’. It was a total nonsensical answer. When we asked
her to send whatever she called it , she stopped responding altogether.
This is the first time that she is holding on to a financial document (after
all it is written for money). Lets keep in mind she is only a hired hand
and the homeowners are paying for her services.
The crack was finally repaired. We don’t know if the other cracks
have been repaired as well or if they exist at all. We can’t trust
her or the board none whatsoever. Let’s recall the board signed with
Tina’s contractor for the fencing project a week before the scheduled
meeting with contractors CH had referred at random. There clearly was a
The “big paint job” as she put it has been postponed till November.
We think they plan to do it in October and all of a sudden we could be confronted
with a done job, like Tina’s contractor trucks showing up at our doorsteps
without notice. Of course the result could be another 3% increase in our
maintenance fees for the board’s newly found pet project.
We have let her know that CH will be after the specs and we want ample time
to get extra bids and see if there are any significant differences like
there was with the fences, asphalt, and who knows even the gas service which
they renewed in a hurry and one month before Tina had told CH. We let her
know that we could ask her boss and/or complain with applicable agencies.
You might ask how a hired hand can wield so much control? Answer: the board
totally wants her to at homeowners’ detriment.
August 13, 2016
We were right
As you know, CH was trying to get a copy of the “work order”
from Tina that all of a sudden had turned into 3 work orders. For some reason
Tina was not releasing it and we suspected it was because it was given to
her usual contractor. She was sending, what we believe and many homeowners
are also familiar with her style, nonsensical, contradictory emails on purpose.
The crack was finally fixed yesterday. We talked to the workers and they
confirmed they were working for Tina’s contractor. What is left now
is the project created for the whole walkway, up and down the stairway and
so on scheduled for November. We have it in writing that she would give
that to us in time to get competitive bids. There is no need for us to pay
another 3% or more in maintenance fees just to have Tina’s contractor
do the job while other bids ignored.
August 11, 2016
Drama postponed till November
In our ever pursuit for the elusive specs, we contacted Tina again.
She didn’t have the specs yet. Let us remind you that they were going
to write the specs on last Wednesday’s board meeting ( 8 days ago)
and the crack repaired in a couple of days. We asked her who was writing
the specs. She then said no specs , but a “work order has been submitted”
. We asked her to send us a copy of the work order. She said “I called
it a work order but there are 3 cracks”. We asked her again to send
us whatever she calls that was submitted. There was no response. After reminding
her again the next day, she said it was postponed till November. So the
10” crack that was supposed to be fixed in a couple of days was not
fixed and the whole project (a big paint job) has been postponed till November.
We think the signature at the bottom of the work order for the 10 inch crack
belongs to her contractor and she didn’t want us to see it. That would
mean the whole job would be done by him. We just wanted to get the work
order and specs and do a comparison and see how much other contractors charge.
These are not binding at all. We just want to report to homeowners how much
they could be losing as we lost about $15,000 in fence job alone just a
few months ago. They just didn’t want the truth to be revealed.
In November the drama will pick up where it left off and who knows may be
before then and unannounced, we will see the trucks of her and the board’s
favorite contractor showing up at our place ready to do the job. In other
words, a project will not be done, even though it could be beneficial to
the homeowners and overall appearance of the property, unless it is done
by the Tina’s contractor. Both Tina and the board have agreed on that.
When it is done, it could mean another 3% maintenance fee increase for us
August 7, 2016
The drama continues
The crack repair is becoming a never-ending, never-starting story.
This 10 inch crack first reported by a homeowner and CH to Tina and to the
Board, is still not fixed after 3 months. The homeowner had talked to some
workers who were already working on sheetrock and paint job about 60-70
feet from the crack which she was told they would need to get a work order
when she asked them to do this one also. When we asked Tina and the Board
to fix it 3 months ago , it evolved into a big project to be paid by the
homeowners and to be done probably by Tina’s guy. Apparently the 10
inch crack was not enough to move the Board and Tina , and they had to look
for something bigger and totally unnecessary ( like the fences)to what could
be another project for Tina’s guy and the whole bunch.
According to Tina, on Wednesday’s meeting they just submitted the
work order for the crack repair. Why wasn’t this done 3 months ago?
According to Tina, they are writing the specs and they will be given to
CH to get bids.
Is the Board writing the specs by themselves or Tina’s guy is helping
them to write it and then do it himself? Once completed, we are promised
to get the specs so we can get bids.
Anybody see the gas and fencing project repeat themselves? With the former
they renewed the contract before CH could get a chance to get bids for homeowners
and with the latter they signed the contract with Tina’s guy and then
setup meeting with other contractors.We think so. We think it is another
ruse to have Tina’s guy get the job again. Watch for their trucks
to show up at our doorsteps and without notice to do a job that could cost
us probably 3 times as other contractors in the area. That could be another
increase to our maintenance fees come this March.
August 2, 2016
Sent by a homeowner
Mayor Sylvester Turner does not plan to present the Houston Housing
Authority’s (HHA) proposed project for 2640 Fountainview to City Council
for consideration. HHA had requested Council consideration of a Resolution
of No Objection, which is required to obtain federal funding provided through
the Low Income Housing Tax Credit program.
“After careful review of the costs and other concerns, I
am asking HHA to look for an alternative location for this project that
is still in City Council District G in what we refer to as a high opportunity
area with access to good public services, quality schools, and thriving
businesses ,” said Mayor Turner. “I also want the Authority
to begin a conversation with private apartment owners about making more
units available to our public housing clients so that those who rely on
the federal government’s voucher program are not limited to living
in certain geographical areas. I look forward to working with HHA to accomplish
the important mission of providing for fair housing and quality affordable
homes in safe neighborhoods near great schools throughout all of Houston.”
HHA had proposed to build a 233-unit apartment complex on property
it owns near its administrative headquarters on Fountainview. 23 of the
apartments were to be set aside for extremely low-income tenants and the
remaining 210 units would have been reserved for a mix of workforce and
market rate housing. The price per unit was approximately $240,000, which
included a $6 million developer’s fee to HHA.
HHA provides affordable homes and services to more than 58,000
low-income Houstonians. The organization also administers one of the nation’s
largest housing programs for formerly homeless veterans. HHA board members
are nominated by the mayor and approved by City Council.
Properties for sale
Latest check on har.com shows 5 postings for sale in our complex. Four of
those are 1-bedrooms and one a 3 bedroom (which is really a 2-bedroom and
a den for $199,000). The 3 bedroom already has a contract on it and since
in Texas you do not have to disclose the sales price we can assume it is
sold for the asking price or pretty close to it. The 1-bedrooms have 2 that
are asking $85k and $90k and one at $101k and $115K. The last 2 surpass
what CH priced the properties over a year and a half ago. Lets all remember
this homeowner who was trying to change our bylaws so that we could have
a “quick sale”. If her plans had succeeded we would have all
lost our properties by now getting $60-70K for a one bedroom and probably
$100-110K for 2 bedroom. The upper number would probably be if the investor
was going to be generous. Usually in the case of old properties like ours,
people who hold on to the end get the highest price for their properties.
One homeowner who is in no rush to sell at all and is enjoying this truly
great location, which is appreciating more and more everyday, was asking
$500k for his 2 bedroom which the rate things are going looks more and more
achievable. If there is an investor who decides to buy our place, usually
there would be funds for those amounts for the last holdouts. Please remember
it is not the building, it is the location.
Sounds like the death knell for the project.
The contractor's trucks
The date for the next board meeting in August is only a little
more than a week away. Please keep in mind that this is not an emergency.
A homeowner reported a small crack no more than 10 inches, with no leaks
that was first spotted 6 or 7 months ago. This mushroomed to a whole project
with upstairs ,downstairs and everything else associated with a small crack
being considered to be painted, remodeled, redone, etc. CH offered
extra independent bids only to see the whole project tabled till August.
We think just like the energy, fences, this is also a ruse. According to
Tina, there are no specs given to her but they want painting up and down
the stairs for the whole section. Sounds like she already has the specs
. Are she and the board hiding the specs from CH? We will know soon if all
of sudden on August 4th or some day shortly after or even before. CH let
her know couple of weeks ago that we would notify her boss through our attorney
to release the specs, with an invoice attached to reimburse us for this
information which should have been readily available. That was when she
said that it was tabled for August. We will try to prevent another expensive
and newfound pet project for Tina and the board. Just like the gas and fence
bids, they both show no eagerness for extra bids. Please be on the lookout
for the Tina’s guy trucks from now till August 4th and even shortly
As homeowners have noticed by the posting here over the past couple
of years, there have been some changes in the board’s attitude with
regards to repairs. First there was the issue with the fences. After they
did the 2101 building and were confronted with much lower bids, 2/3 lower
than Tina’s bidder they stopped the same repair for 2121. The stoppage
lasted for 6 months and no reason given as to why the project that was gong
so fast , all of a sudden stopped. The project continued, as we all know
with the second Tina’s bidder when they had a charade of ‘meeting
with CH contractors’ a week after they signed the contract with Tina’s
guy to continue the work. We paid about $15,000 extra for no good reason.
We called it a suspected kickback. This disrespect for homeowner money continued
with the repair. A little crack repair that all of a sudden turned into
a project for a whole section including paintings up and down the stairways
and probably a super deluxe service. When we requested the specs to get
extra bids, all of a sudden the project was tabled till first Wednesday
in August. We let Tina know, we will be back first Thursday in August to
get the specs. We had told her previously if she didn’t give us the
specs we would go to her boss through our attorney and bill the management
company for going through an expense that should be available for any interested
homeowner(s). It was then that the project was tabled till August. Let’s
not forget that the gas company providing service, a little know company
that was one floor above the management company. When in April 2015 we wanted
to get competitive bids for that, Tina told CH that the time for renewal
would be in December. However, knowing CH would get competitive bids they
renewed the gas contract a month before. With their track record we probably
lost some money there too.
Where does all this drama come from all of a sudden? Is it because we started
getting competitive bids trying to show homeowners how much we lose when
Tina and her contractor get involved and with the cooperation of the board?
Contracts mean money which can go all around. What is the problem with a
homeowner(s) providing extra bids at no charge ,that actually have been
proven to be less than Tina’s and by substantial amounts and save
everybody money? Why is the board shunning these bids? Are they getting
We do have water shutoffs all over the complex and at various times and
for long period of times. We all know they use one company. Did these start
with one little leak turning into huge water projects like the crack repair
turning into a whole section?
We have to check into that too. Homeowners should not pay for expensive
and unnecessary repairs which can only increase our maintenance fees as
they did this year
July 9, 2016
The crack is going the way of the
As you might recall, on the fencing project as soon as CH got involved
and got a few extra ( and 2/3 lower bids than Tina’s bidder) the whole
project was stopped. The Board tried to whitewash it by planning a meeting
with the 4 independent and called at random
by CH, fully 6 months later. The result was about $15,000 loss to the homeowners
as a result of none of them showing up (and justifiably so) and therefore
by default Tina’s expensive bidder won. Now with the crack repair,
CH volunteered to provide extra bids to save homeowners money. We asked
for specs and Tina said she didn’t have any but was asked to give
proposal. When we asked to clarify this ridiculous statement she said they
have a meeting Wednesday (3 days ago). Now we heard that the whole project
has been tabled till August meeting. Apparently they didn’t like CH
providing extra and most likely lower bids and again, called at random.
The whole thing looks like is being set up for another job for Tina’s
bidder. It seems like if Tina’s bidder doesn’t do it, the whole
job will not be done.
To recap, the whole started with reporting a small crack 2 months ago that
still not repaired. We will keep you posted.
July 3, 2016
When the Board is turning a few
inches to a whole project
Our memories are still fresh with the fencing project that cost
3 times as other independent bidders. The project was completed with Tina’s
bidder at the exclusion of others with the cost being charged to the homeowners
in the form of increased maintenance fees.
A couple of months ago a homeowner approached CH and pointed to a crack
on the ceiling under the roof over a boardwalk at 2101 building. She told
us that there were workers working on a similar problem and asked them to
fix this one too which was about 80-100 feet away. They told her they would
need a work order, which made sense. We relayed the message to Tina and
then a couple of weeks later we did it a follow up with her. She said that
the Board is looking for similar problems in the area. This was strange
but we could try to understand. We did another follow up a couple of weeks
later and found out the Board did not go very far to check for other problems
in different buildings. If they did they couldn’t find anything but
decided to turn this into something bigger. Now they are trying to paint
the bottom and top of the walkways and trim around the fire and exit gates,
and basically add to the bill. We all know the repairs to the fences were
not necessary and just added to our maintenance fees. These repairs could
also add to our maintenance fees. We tried to get other bids for this one
too. However Tina told us that no specs were given but the Board has just
asked for one proposal! It is just preposterous. How could she get a proposal
with no specs? All we can say for now is watch for your maintenance fee
coupons in 2017. It is increased again , just like last year it could have
been avoided. Sounds like the crack of a few inches is turning to another
pet project for the Board, Tina and Tina’s contractor at our expense.
Corruption no longer tolerated
Looks like State of Nevada has adopted some common sense approach
that has been advocated by many concerned homeowners. HOA problem and corruption
associated with that has been very common. The problems arise from dictatorial
attitude to downright corruption which includes under the table funding.
This is where the “ordinary folks “ make money off the back
of real homeowners who just pay tax and in most cases mortgage and then
have to be answerable to a president of an HOA and its associates for the
color of the door, or a satellite dish that they might not approve or anything
else they don’t like and perceive it to lower the property values.
This is nothing but the attorneys stroking the egos of the members and assuring
them they cannot be held personally liable.
In the case of Nevada, they have created a tribunal of 7 persons
that oversees HOAs. They just removed a corrupt president there and had
him pay the legal fees himself. The reason was that he chose the association
attorney to represent him and now he has to pay legal fees not from the
HOA account but out of his own pockets. Good news for the homeowners is
that the law is retroactive.
Lets hope these tribunals become nationwide.
June 19, 2016
HOA fraud: another
Ever since we have started putting news and articles about HOA
fraud, we have had some owners who have expressed disbelief and surprise.
They just can’t believe that the board members of associations can
embezzle and commit more dastardly acts which we will present in the future.
Yes, everything published here is true and direct from news stories regarding
the moms and pops , grandpas and grandmas and “people like yourself
” board members. This is a direct result of accounting to no one,
being treated as a sovereign government with practically no checks and balances.
This is especially true if the individual board members have loose or no
morals, lack any legal training to interpret the laws and are motivated
by greed. They end up lining up their pockets at homeowner’s expense.
The latest happened in Florida. A board member who also served
as a treasurer is charged with stealing for than $41,000 from the association.
He would write the checks to “cash” and then endorsing and signing
them his self. He is charged with organized fraud and money laundering.
They were deposited in 3 separate accounts to conceal and minimize large
transactions. He had initially stated that he worked hard and deserved the
The association bylaws state that these board positions are voluntary and
no compensation is given. Just like ours and all non-profit corporations.
After noticing that the association was turning him to the police,
he offered a repayment plan. This is the way the person with loose moral
thinks. They can justify the theft as taking money temporarily and then
putting it back when they can. Board members with no morals just take them.
No justifications meeded. Some can conceal fraud with under the table money
from vendors that do business with them.
The latest on housing project on Fountainview
There are efforts from everybody available to stop this project
politically. If not the attorneys are ready to take it to court. With the
price of each apartment at about $270,000 it is about twice the amount as
the same size in private sector apartments. You just need to look back at
our fencing project with the price we found by calling contractors at random,
at about 1/3 the price of Tina’s guy. The Board couldn't wait to get
on with the project no matter the cost to us.
The latest is that ,Houston Housing Authority is planning to bring this
up to the City Council. Could an OK from City Council be another nail in
the coffin and have the issue considered done?
Homeowners have been recently victorious in stopping private developers
like the Ashby High rise and another one on Post Oak Blvd. Don’t be
surprised the homeowners win again even though this one is backed by the
federal government considering its administration will be expiring in a
Also check the stopfountainviewproject.org which is redesigned and improved.
Normal for an HOA
This happened in New York. It could happen anywhere there is an
The president of the association was accused of embezzling about
$367,000 from the association. It allegedly happened between 2011-2015 and
without the approval of the other board members. He had the authority to
sign checks for the association. He claimed he use the funds to buy pool
materials. When confronted by other board members he told them he told them
he used the money to buy pool supplies at lower prices in New Jersey. Apparently
he didn’t declare this as income on his tax returns for 2011-2014.
He was indicted by a grand jury in Staten Island and arrested. He is due
back in court on June 30th.
This is what happened when the other board members weren’t aware of
this. We believe a rogue member operating on his/her own in an HOA without
the knowledge of others is an exception rather than the rule. HOA can be
a legal organized crime.
Majority of residents here are renters. The renters are mainly
good professional people who just want to live and work here and enjoy the
benefits of proximity to major highways, shopping areas and ease of access
to all things that everybody uses. Sometimes there are problems that other
neighbors can’t solve and complain to the Board or their landlords.
Prior to the Annual Meeting of January 2014 these problems had gotten so
out of hand that the Board anticipated a rowdy meeting with full of questions
that as usual was unable to answer. In response and to preempt the homeowners’
complaints against some renters and homeowners, they distributed a handout
that outlined new guidelines when signing a new tenant. They even told everybody
in attendance that the actual bylaws were tougher. In other words they were
forced to do something. This didn’t mean actual acting, but putting
up a show to quiet those in attendance. Does this sound familiar to you?
It should because after numerous talk about the sale of the property they
put a small flyer (called a resolution) that they would never change the
bylaws to make the sale from 100% to 80%. It was just a show, just like
the tenant guidelines was a show. They never mailed either one to the homeowners
who sent their proxies or just didn’t attend the meetings. We found
out a few months after the 2014 Annual Meeting that the Board did not enforce
tenant guidelines with the big presentation they did. You could forget about
any action, they won’t even interfere, they stated . It was one uncomfortable
hour to listen to the homeowners and hope they would go away, forget about
the whole thing, see you next year or may be even the homeowner would sell
by next year and the problem be gone. It’s the crowd that they don’t
want to face. Just like the housing project when the city presenters said
at the beginning they would only listen and not answer any questions. In
that case it was an uncomfortable 3 hours that they put up with. It was
the crowd that had gathered that they didn’t want to answer to. Just
like ours they wanted the crowd to go away and forget, or be occupied with
other matters after a few months or so. They cared about the new construction.
Over here its pretty much the same thing. If there is a new remodeling project,
they try to have one of Tina’s bidders on the ground ready to go and
quick and finish it before homeowners can ask any questions. Are they on
such legal thin ice with having board members who are not owners of record,
Hurricane Ike documents redacted and etc. that they don’t want to
go beyond words? Do they have homeowner friends that they want to protect?
This shows even more that the homeowner here has to watch out for their
property. Do not believe what the Board says or puts out as resolution or
guidelines but see what it does. A push for a voting on this 100% to 80%
law would be the beginning of the end to condo ownership and most likely
living in the area for many current homeowners. Homeowners have to be very
aware of any new actual action on the ground and not to trust Board’s
May 21, 2016
80% rule and existing
We heard from some other homeowners who also did not attend the
Annual Meeting and who thought their new refinance or mortgage would stop
any sale. Nothing can be further from the truth. In cases where there are
existing or even new mortgages are in effect if the amount is low enough
the investor would pay it off or not pay it at all. The effect would be
the homeowner loses the title to his/her house and has to give up possession
but the obligation to pay will remain. They will be stuck with what is owed
on their property and the mortgage company could come after them for the
amount. The mortgage company cannot do anything about it because the 80%
is in Texas Property Code 82.068, that is if the homeowners allow their
100% rule become 80% . We all know with proxies and the election that cannot
be verified independently what happens. The 80% rule will win. A similar
situation would be if the property goes to a foreclosure auction and the
proceeds do not cover the mortgage, the mortgage company can sue for deficiency
and try to collect what is owed to them. You would be left to your own devices
and with the association dissolved by then , there would be no place to
go to get information and nothing else to do but to vacate the premises
for the investor to clear , build and sell or rent the new building(s).
Of course none of these were mentioned in that homeowner’s speech
and for 2 years in a row. Just that it would be a quick sale. You just cannot
let any voting that compromises your total ownership and freedom on when
and at what price to sell take place here. In other words there are no upside
to this , just a big downside.
Details on a 80% sale
Many homeowners who received our letter before the last Annual Meeting
were aware of the events that could be in the offing. They came with some
standing room only and watched and participated in a debate of events that
could directly affect their property. They knew they had to watch out for
a board that has no problem breaking our bylaws, redacting documents and
having one-contractor same-contractor Tina’s bids. In some of our
conversations with a few homeowners who did not attend the meeting however,
we found there were some homeowners who did not attend the Annual Meeting,
who thought the sale of their property would be impossible without their
notarized signature. In short they were willing to leave matters of utmost
importance and probably their biggest investment in their lives to chance.
They did not know about the 80% rule that has taken property away from so
many homeowners all over the US. The 80% rule is in Texas Property Code
82.068 section a.
(a) Unless the declaration provides otherwise and except for a taking of
all the units by condemnation, a condominium may be terminated only by the
agreement of 100 percent of the votes in the association and each holder
of a deed of trust or vendor's lien on a unit. The declaration may not allow
a termination by less than 80 percent of the votes in the association if
any unit is restricted exclusively to residential uses.
This is where that homeowner and we believe the Board also who
let her talk for 2 years in a row about the figure 80%.
They were trying to convert our 100% condominium project to 80% and then
use Texas Property Code 82.068 section to sell it. If that happens, the
association becomes a trustee and gets the power of sale on behalf of all
homeowners. The sale would be accomplished with much less than fair value
of your valuable property in your pockets and you will be left to find someplace
else to live and in a relatively short amount of time.
Another condo association, same
We just learned that the homeowners of a luxury high rise condominium
project in Inner Loop are experiencing some problems with their board. The
problems are similar to ours. The scale is of course much higher. It seems
like they have a board member who pretty much self-elects himself and his
friends, and has come up with an expensive and needless project. This board
member has decided to remodel a whole area that according to many homeowners
doesn’t need to go through what in effect is a revamping project.
The price for this project is about $3.5M. There are plans for an assessment
fee to be added to the 4-digit maintenance fees. There is nothing to stop
him. There is only one contractor assigned to this project (sounds familiar?).
The homeowners are trying to organize and oust him from the board. A good
place to start would be to verify his homeownership. They could be in for
a surprise. He might not even be an owner of record, just like ours.
As posted last year
As posted on January 4,2015 it is now confirmed that there will
be a bank at the intersection of Fountainview & San Felipe . This very
welcome addition will only help increase the already high values of the
properties in the neighborhood. Let’s hope the homeowner at the meeting
and we believe the Board, will leave the decision to sell or not sell of
each condo to its owner and stop trying to change the rules and bylaws of
our association. In other words, let’s hope they stop meddling in
other people’s business.
Another HOA embezzler
A condo manager admitted on Tuesday he stole more than $95,000
from the condo association of an HOA to feed a gambling addiction.
He, admitted in Lowell District Court to sufficient facts to one
count of an association officer embezzling more than $250.
"I'm truly sorry for what I've done," he said in court.
He was placed on probation until 2020, with his case continued
without a finding. He has repaid $43,826. If he pays the remaining $51,939
in full, his case will be dismissed.
April 25, 2016
Invoice for the driveway repair
Some homeowners living in the area 2201 and 2121 were aware of
the driveway repair being done in an area 20’x24’ or 480 square
feet just over a month ago. They notified CH and we asked and received a
copy of the invoice from Tina. As posted here earlier, this was a one bidder
and it was Tina’s guy who got this job as well while doing the fences
at 2121 building. The price for that relatively small area was $4230. This
came to $9.40 per square feet. We got some estimates of our own from contractors
called at random. We had 2 contractors that gave us bids and the average
was $7.20 per square feet. Tina told us that there were no future driveway
repairs scheduled. We didn’t believe that. There are more areas that
need repair and it just seems logical that they would be next and quite
possibly the same guy would get the job at the exclusion of all contractors.
This could be another excuse for another maintenance fee increase without
getting other estimates and only using Tina’s guy. We have notified
Tina and asked her to forward that quote to the Board. We will get more
estimates and send them to the Board in the coming days and weeks and post
here. The Board as you recall in the fencing case, did not like competition
either even though it could benefit all homeowners. If you see your maintenance
fee increase again next year you know it could well possibly be due to these
expensive one-bid jobs at the expense of homeowners.
Another HOA crime
This one happened in Massachusetts .
A condominium manager told the homeowners that she would need a
$1,000 assessment from each owner because there were insufficient funds
to pay National Grid for utilities.
An association trustees, said the request drove him to investigate the association's
finances. What he found prompted him and other owners to alert authorities.
The trustee who has since become condo manager -- and condo trustees met
with officers in August to discuss multiple bank statements from the association
credit union showing a man they identified as condo manager’s son,
allegedly cashing fraudulent checks for years, amounting to more than $100,000,
according to a police report.
Now, both of them are charged with stealing more than $180,000 from the
Condominium Association from 2010 to 2015.
And all 72 condo owners are now paying dearly to erase a debt of $163,596
related to the alleged thefts.
For two years,now one-bedroom condo owners are being assessed $80 per month
above their usual association fees.
At the end the mother told authorities that her son put her under
pressure to commit the fraud to pay for his child support, IRS fees and
other people and businesses. However she also wrote checks to herself for
$31,925 in the span of 3 years.
Please note that the homeowners had to call authorities, were lucky
to find detectives who would listen to them and pursued the case. Barring
that, they would have had to hire expensive forensic accountants, attorneys
etc. to prove their case. All these could have been avoided with a state
agency that would solely handle HOA complaints and not give them the dignity
of being treated as a sovereign governments. This is too much responsibility
for a commom man/woman to be able handle effectively.
April 9, 2016
Asphalt- another one bidder
The homeowners are in for another one bid job. This time is the
drive way between 2121 and 2201 and the asphalt repair. Tina’s main
bidder is at work again. He is still not finished with the fencing job at
2121 and they put him at work on the driveway. No other bids were solicited.
No other bids were welcome or accepted as we saw in the fencing project.
As a reminder, Tina’s contractor bid was 3 times as ours. The work
was not announced in advance perhaps thinking CH would get outside bids
for this one as well.
Chances are the homeowners will pay for this lack of competitive bidding
again in 2017.
April 7 , 2016
Theft - Same old story
in many HOAs
A former 42 year old condo manager admitted last tweek he stole
more than $95,000 from the condo association in Lowell, MA to feed a gambling
The apologetic manager admitted in Lowell District Court to sufficient
facts to one count of an association officer embezzling more than $250.
"I'm truly sorry for what I've done," he said in court.
He was placed on probation until 2020, with his case continued
without a finding. He has repaid $43,826. If he pays the remaining $51,939
in full, his case will be dismissed.
It can run in the
Theft and fraud can be rampant in HOAs with some members can work
together and even as part of a family . Its easy when nobody watches and
people who like to oversee, can't or the only recourse available to them
would be a lawsuit.
This happened in Florida .
A woman and her son were arrested a month ago after an investigation
revealed they stole more than $122,000 from an HOA from 2004 through 2015,
according to the Sheriff’s Office .
The woman, 59, and her son 32, were booked into the County Jail and charged
with one count each of grand theft and fraud. According to their affidavits,
she was appointed treasurer of the HOA in 2003. She had sole custody of
the HOA’s debit card and checks its bank account and was responsible
for making payments to various businesses on behalf of the HOA. In 2015
she was dismissed as treasurer, after the other board members discovered
a $27,000 deficit to the HOA lawn care provider, and responded to TD Bank
and found there was less than $50.00 in the HOA account, deputies said.
The deficit was previously undiscovered because she had falsified documents
showing payments to various businesses. The board members were alerted to
the deficit by the lawn care provider and contacted the Sheriff’s
Deputies said they collected evidence that showed the woman and her son
used the HOA debit card to make multiple items such as food, clothing, mattresses
and rental vehicles. Additionally, the son is listed as owner of a business
and in 2015 he used the HOA debit card to purchase equipment, vehicles,
and signage after he was hired by a regional medical center to work their
“Promise Run” charity event, deputies said. He also booked a
cruise with the card, deputies said.
Both confessed to using the HOA funds without permission, deputies said.
The woman told detectives that for 11 years she attempted to put money back
into the account. Detectives found evidence that she made four separate
deposits into the account, totaling $12,622.00. Detectives calculated the
total amount of funds stolen by her and her son equaled $122,779.47.
March 24, 2016
Yellow card investigated
We did call the advertiser from the card. He seemed like to be an
investor looking at tax rolls trying to find a bargain. He was trying to
find desperate sellers. In this great economy of Houston, he should be hard
pressed to find a seller who is ready to depart with his investment or a
place to live at half the market price. The guy seemed to be dealing with
the Houston prices of the mid 90s. More than that, he did not even know
the eye-catching developments and billion dollar investments at Fountainview,
the heart of Galleria. This is the reason we suggest, if you want to sell,
consult with real estate agents and people who know about the area. It is
not in every place that you see brand new 200-300 unit luxury apartments
within feet and yards of your place. That together with a brand new HEB
and more developments scheduled at 2401 and other places on this tiny stretch
of Fountainview makes this a developer magnet. Our advice is ,if you get
this card, don’t waste your time calling him and throw it away.
The fencing project on 2121 building started after a 6 months delay.
The delay was due to the 4 contracts provided by CH and an effort to get
rid of them by Tina and the Board. The work is going ahead at 3 times the
cost of 4 bids provided by CH’s 4 called at random bidders. The Board
didn’t care about howto spend our money . It did not even talk to
our bidders. So we decided to get an official copy for our files. Tina sent
CH a copy of the contract by the other bidder. This means that the
bidder who did the 2101 is not doing 2121 but Tina’s other bidder
does. Somehow it didn’t look good to do the job with the same bidder
that did the 2101. However, this bid comes with a typo which we addressed
in an earlier post. Tina said she had already crossed it. We asked that
she or someone from the Board initial the crossing. She refused. For now
we have a copy of the contract with a typo of the address and a crossing.
Lets think about this. This is a contractor who is very familiar with this
property and with about $22,000 worth of contract makes a typo ( address
of the whole building where he would be replacing fences) and Tina and the
Board don’t even ask him to retype this one-page contract. Like everything
else here , this is very suspicious. Could it be the contractor who did
the 2101 building is doing 2121 too and it just would have looked bad for
the same guy to do this job as well after a dog and pony show getting rid
of CH referred contractors? In other words ,could this contract be a fake
and the 2101 bidder is also doing this one behind the scenes? Remember faking
things like home ownership is a breeze to this people. We would need to
see who actually gets paid for this contract.
Yellow solicitation card
Recently a homeowner received a yellow postcard expressing interest
in purchasing his condo. The card was specific and had the address of the
property posted in all caps. It looked like it was coming from an investment
company with a website. If you have received such a card please let us know
at email@example.com. We'd like to know how widespread this solicitation
The other meeting
Homeowners who attended the March 9th meeting saw something similar
to our own Annual Meeting about 6 weeks ago. There were 500 or more homeowners
in attendance with questions and concerns about the planned government project
here at 2640 Fountainview. After the introduction by the Housing Authority
representative, homeowners started expressing concerns along with boos from
the audience ( like ours with the homeowner who was trying to sell our property
with 80% vote). As far as we could see, all homeowners were against it.
They saw it as an attack on home values . What was very obvious from the
beginning and to people who were following the whole process including HISD
trustees, was lack of transparency (like ours with our fencing and other
projects as well). There were hardly any notices to the public, but bunch
of misinformation (like ours). There was only one contractor (like ours).
This contractor was getting millions (6% of the cost). The project is ready
to go no matter the complaints or costs (like ours).
One attorney who is fighting this project asked a very simple and revealing
question from Housing Authority representatives : Is the project moving
forward because of kickbacks?
We all live in the real world. CH provided 4 bids at random and
at 1/3 the cost of Tina’s bidder. As you know our contractor meeting
was a sham and the contract with Tina’s contractor was signed a week
before the meeting with CH referred contrators. These bids were shelved
and only Tina’s bidder is proceeding with the project. We ask the
same question from the Board: Is the fencing project moving forward because
March 10, 2016
2121 Fencing & a typo
As many homeowners are aware the fencing project at 2121 has already
started. The contractor meeting was set for March 3rd. When the project
started a few days later CH asked Tina for a copy of the contract to see
who is doing the project. We got the contract. It was as we had suspected
for about $21,000. It is being done with one of Tina’s not awesome
for homeowner’s money twosome. The contract was signed on 2/26/2016
a week before the contractor meeting set for March 3rd!! This is a blatant
disregard for homeowner interest. It showed what a charade the contractor
meeting was. The contractors also saw through this charade and did not show
up. This is your money being spent unnecessarily for a job that 4 other
contractors were willing and able to do at 1/3 the price. These contractors
put a legitimate written contract, bound by homeadvisor.com regulations
and were denied even a chance to make their presentation at the appropriate
time. This was the Board wasting our money away. When CH received the contract
from Tina it was for 2101 building. Tina’s response to the question
as to why it was not 2121 was that it was a typo. What she wanted CH to
believe is to trust her at her word. She said she crossed it and put the
right address on it. When CH asked to see the final official contract with
her initials on the crossing or a retyped contract she refused to send it.
We will pursue our legal right to see what happened. Was that a typo? Its
hard to imagine Tina’s contractor with long history here making a
huge typo like the address of an entire building and to top it off Tina
refusing to turn over a contract to homeowners who pay her salary.
March 5, 2016
CH went to the contractor meeting held on March 3rd. As expected
it was what we believe a ploy to get rid of the 4 bids that that were 1/3
of Tina’s bidder’s. The Board truly showed it was no friend
of the homeowners as it waited 6 months for no given reason to hold this
meeting. The contractors, all professionals contacted from a legitimate
website gave legitimate written professional bids. These bids were on purpose
laid dormant by the Board to hopefully fade away and they did. No contractor
showed up. There was no reason for professionals to wait 6 months when many
things had changed and then come and at noon on a busy day ,take off their
busy schedule and go back 6 months or so and explain their bids. As we explained
in our latest letter to the homeowners, the Board could have contacted them
a week or so after they gave their bids and enthusiastically , if they were
really thinking of the homeowners pockets and meet them then and right on
the spot. They didn’t. As a result the homeowners can potentially
lose another $13-14000 for a job that 4 other contractors could do for about
1/3 the price. This is in addition to $13-14000 that we potentially lost
had the Board asked Tina to get more than 2 bids, rather than get her usual
Tina’s 2 and only 2 bidders. This was supposed to explain the reason
the maintenance fees went up. As you can see, they probably didn’t
have to, if they had just shopped around and stop getting Tina’s expensive
March 1, 2016
The upcoming March
Here we are March 1st , only 2 days away from contractors meeting
for the 2121 fencing project. These are the facts:
The Board asked Tina to get 2 bids for 2 fencing jobs at 2101 and 2121 buildings
early in 2015.
Tina got 2 bids from her usual 2 bidders.
The fencing job was done at 2101 very shortly after that.
CH got a copy of the invoice for the 2101 building and the specifications
for the 2121 building and got 4 outside and at random bids averaging 2/3
less than Tina’s.
The Board stopped the project at 2121 without any reason.
They set up a meeting for March 3rd , six months or so after the stoppage
with contractors introduced by CH.
Tina’s bidder won’t be attending the meeting, even though his
bid is 3 times as much as other contractors. He won’t be there and
is not asked to attend the meeting to defend the high bids.
When Tina is asked a month or so before the meeting, to make sure everything
is correct and the only questions asked would be of the pricing, Tina budges.
To correct whatever is wrong ,CH asks Tina to have the Board come out and
ask smooth over all the problems before the meeting, but the Board refuses
to meet with them.
Tina and the Board say there are problems with the bids. They won’t
specify which bidder or bidders and what the problem is.
Apparently the Board doesn’t mind us paying about $14,000 extra for
the same job, when there is a potential for saving.
What could happen on March 3rd : a dismissal of all 4 contractors and making
up stories that all 4 of them had something wrong with their bids , even
though they did not want to meet them beforehand. The result could be a
$14,000 loss for the homeowners in addition to another $14,000 or so for
the 2101 building, had they solicited other bids, other than Tina’s
for a total of $28,000 or more.
Money missing from
This happened in Corpus Christi but with these unfair HOA laws
that are biased towards HOA Boards who are accountable to virtually no one,
it can happen anywhere.
A lot of money is missing from a local homeowners association account,
and residents there met a few nights ago to get some answers.
The association is still working to figure out the exact amount missing,
but sources say it's definitely in the tens of thousands of dollars.
This money is collected every month from those who live there, and is intended
for things like improving the landscaping in common areas.
The emergency meeting for residents drew a large turnout.
It was intended to inform them of the findings so far and where they go
The current leaders of the association didn't name any names, but sources
say a person who recently held a leadership position with the HOA and had
access to the bank account is accused of making several withdrawals over
a period of at least several weeks.
A police report was filed in the past few days, the HOA has contacted an
attorney, and many people at the meeting made it clear they want their money
back, through whatever criminal or civil process is needed.
According to residents, the missing money was supposed to pay for improvements
to benefit the kids of the neighborhood, by enhancing the park space and
adding some playground equipment.
The neighborhood is now considering contracting with a company to collect
and maintain all the HOA fees.
Upcoming March 3rd
March 3rd at noon about 2 weeks from today is set for a meeting
of contractors and the Board for the fencing project at 2121 building. These
contractors were contacted at random (all 4 of them) by CH. The project
was stopped inexplicably about 6 months ago after the bids were submitted
to Tina. The bids averaged out to 1/3 of Tina’s bidder. It’s
fair to say that the Board and Tina did not exactly jump up with joy to
embrace CH’s bids. Instead of a meeting right away to see about the
new bids and in theory the new findings, they stopped the project all together.
Our subsequent emails with Tina showed a pattern of accepting the new bids
and then reversing her position. She finds faults with them but only states
they are unprofessional. There are no specific issues and even when confronted
with her own words, she either doesn’t say why they are unprofessional
or accepts it with some wiggle room. We still don’t know why they
are unprofessional. All 4 bids were unprofessional ? Really ? And Tina’s
bidder who up until a year ago only had a voicemail and not even a website
meets Tina’s standard for professionalism? A standard that is described
by many as being very unprofessional with her not even giving many homeowners
the courtesy of returning their phone calls.
The meeting on March 3rd which is planned to be at noon when these busy
contractors are at work, homeowners are at work with no time to attend,
is designed in our opinion, to sweep those bids under the rug. They will
then announce that either CH’s bids didn’t show up, or come
up some excuse to dismiss them. The fencing (both for 2101 and 2121) was
the reason stated for our 3% maintenance fee increase. At the Annual meeting
it was changed to “also need the drainage under it” to justify
even more, this unjustifiable increase.
If the fencing was the reason for the increase, why not jump up with joy
when you can save homeowners money and even ask for more bids?
CH puts the question to the homeowners. The homeowners can draw their own
1. CH’s 4 bids chosen at random from homeadvisor.com average
out around $7,000.
2. Tina’s usual bidder comes up with about $21,000 for the same project.
Will the winner come out one of the 4 bidders in number 1 or will
it be Tina’s bidder?
We think Tina’s bidder will win no matter the cost to the homeowners.
February 16, 2016
Homeowners angry at the HOA Board
This Annual Meeting of an association happened in Arizona about
the same time as ours. There are a lot of similarities between theirs and
ours. The number of homeowners attending was double the usual number, kind
of like ours. The room was packed to standing room only (like ours). They
had brought 2 attorneys (we have seen attorneys at our meetings too) and
a security guard (one uninformed homeowner who probably was attending our
Annual Meeting for only the second or third time suggested a police officer
for our next year’s meeting). Looks like with the unfair laws that
are stacked against the homeowners, this sort of thing happens all over.
A common man given powers that it is too much for him to handle. Apparently
the Board in Arizona, in a small association with about 50 or so homeowners
had hired a management company. The homeowners were upset that the Board
had subrogated their responsibilities to an outside management company that
was only interested in making money. They had started enforcing things they
hadn’t enforced before, like the gates were not the right color or
something equally insignificant. Of course we don’t have to worry
about code enforcement here. The Board itself doesn’t care about our
rules and regulations.
If the Board brings an attorney for the next year’s meeting may be
they can answer the question how come 2 Board members don’t have proper
credentials, like being owners of record?. Or does the violation of our
bylaws mean anything to them? May be the uninformed homeowner should have
been more worried about what had a lot of homeowners worried , mainly the
loss of our condos at half price and by force. Maybe if he was better informed
he would have been worried like us ,about the consequences of people on
the Board signing documents they are not authorized to sign, including one
that still is not an owner of record.
Fencing- a summary so far
The Board asked Tina to provide 2 bids for fencings for 2101 &
2121. Tina got her usual 2 guys and the one that usually gets the lower
jobs got it. The guy who until a year or so ago, had only a voicemail and
did not have a website. The fencing at 2101 was done with rush and at about
$21000. When CH got a hold of the contract and also what the specifications
for 2121 were, went ahead and got 4 bids at random. The bids came out as
2/3 less than Tina’s. CH submitted the bids to her that were supposedly
got to the Board. The work at 2121 was all of a sudden rescheduled. We now
know it will be March 3rd for a meeting of the contractors. Even though
Tina had said all the bids were ok and in accordance with the specifications,
we decided to do a last minute check. To our surprise she just had found
incompatibilities! We showed her, her own words and she decided they were
ok after all. When a week later we discussed the meeting, again to our surprise
she wasn’t sure about our bids. We asked her to meet with our bidders
on the ground and she referred us to the Board. Then 2 members of the board
declined to meet with the bidders. We asked her to come and defend the exorbitant
price her bidder charges and meet with our bidders and clear any issues
prior to the meeting. She did not want to address the issues and kept on
playing games. The meeting to us is scheduled to be a ruse. It will be a
meeting that n purpose is left convoluted so as to dismiss all 4 and get
on with Tina’s guy.
It is her bidder and looks like she wants to get him through at any cost
( to us), even though there are lower bids available. This is why our maintenance
fees go up ( according to the board). Only homeowners can stop this by calling
the Board through Tina and voice their concern and displeasure about expensive
bids and higher maintenance fees. In the meanwhile you can attend the meeting
at noon at March 3rd at the management office.
February 6, 2016
Tina’s game back on
We finally got a date for the contractor meeting for the fence project at
2121. The date is Thursday March 3rd at noon at the management office. The
time is difficult for interested homeowners to attend. It used to be a time
for the monthly Board meeting hoping less homeowners attend and was changed
due to homeowners protest.
The fences at 2101 were done fairly quickly and with Tina’s bidder.
When CH got involved and quickly got bids and outbid Tina’s bidder
by 2/3 , all of a sudden work stopped for 2121 , the building next to 2101.
This was very questionable. Why didn’t they just get all the bidders
together fairly quickly and continue the work? Did the new bids shock them?
They are all pros and could discuss it in a matter of days or couple of
weeks and let the most qualified, experience wise, price wise, etc. win.
Yesterday we got some clues as to why. First of all Tina said there
were 3 bidders. We reminded her they were 4. When the contractors provided
by CH (called at random) were contacted just recently, one of them had told
Tina that their bid was only good for 30-days. We haven’t heard from
the other 3. As you know in previous postings Tina had said she saw some
problems in the bids about 3 weeks ago. When we asked her to be specific
and also specify the contractor(s) with problems and that CH has emails
form her stating they were ok, she agreed they were ok.
We think she just let it sit for a while and then made an announcement about
the meeting and bring problems anew. By now which is about 7 months later
the contractors bids are older than 30 days, as example above, or just busy
and not being able to make it and the number could be cut from 4 to 2 or
may be 1 or even 0. She also hoped that we would not ask for a re-verification
at the last minute. The noon meeting could also be inconvenient for these
busy contractors to attend. By the way, wherever you see her mentioned please
add the Board. The Board is in on it. Tina technically and legally stopped
the work with their order. Tina brought imaginary problems with their knowledge
and then she and the Board retracted when pressed on. The problems came
back up again with their knowledge. The Board should have been very happy,
to see the new much lesser bids, and felt lucky to have homeowners saving
them money. Why didn’t they? Why it took almost 7 months to get on
with meeting these contractors that could save us all money? To add to the
mystery and let’s be frank about it, suspicion, Tina’s bidder
won’t attend the meeting. Why isn’t he attending to defend his
exorbitant price? This makes the meeting more like a dismissal meeting.
A meeting to be held at noon with probably few or nobody around, find problems
with all of them, dismiss them right out or quietly and with little notice
a few days later. We will get verification so all the questions asked at
the meeting would be the contractors credential and work experience. Just
to remind all, Tina’s bidder had only a voicemail and no website up
until a couple of years ago. They cannot argue about a missing fence or
incorrect measurement at this late in the game. The meeting will be held
when we are all in agreement that the bids are all up to par and with what
Tina’s bidder worked with. The amazing thing is that we had a 3% maintenance
fee increase with 2 buildings to be done in 2015. Only one was done after
we submitted the new bids, with 3 times the price of our bidders and the
Board still increased the maintenance fees.
Old fence dumping?
As many of you who have been following the postings here, the fencing
project at 2121 was stopped a few months ago. The Board wants to have a
meeting between contractors introduced by Tina (one of her usual 2) and
contractors provided by CH which turned out to average 1/3 of Tina’s
contractor’s bid. Frankly we can’t figure out why they are waiting
for about 6 months now. Recently some homeowners contacted us reporting
some old fences dumped in the trash bin by 2121 building. Three days ago
was the second case of dumping. We asked Tina in both incidents and she
pleaded ignorance. A quick look at 2121 doesn’t show any fences torn
down but some homeowners have reported hearing woods being sawed. There
is a Board member who the homeowners see frequently walking around pretty
much most of the day and a lot of times around the dumpsters. Also the president’s
condo is not far from the trash bin. How come they haven’t approached
whoever is dumping these old fences and tell them to stop it? Our trash
fees are paying for these reportedly illegal dumps.
If anybody has seen or knows something about this please contact us at firstname.lastname@example.org.
The dumping and the Board’s behavior is very suspicious to say the
Not For Sale Resolution
We didn’t want to dignify the pathetic Not For sale Resolution
presented at the meeting, but some homeowners who did not attend the meeting
were not clear on it. We have posted it here below. Of particular interest
is the last sentence in paragraph 1. This is the same argument that proponents
of 80% control like developers, investors make. Its what makes the job of
a developer easier to buy and demolish. It also makes it faster and cheaper
for them to build . To this date and with the 2 speeches this homeowner
has made and the Boards rambling in this resolution we have yet to see one
benefit for the homeowners. Only that it could be a quick sale. We also
found out that the 2 ½ bedroom (or what is called here a 3 bedroom)
was sold at the asking price of $199,000. This is again right along our
price analysis for these properties. All these help create comparisons that
will boost our properties’ prices and even if there is a take over,
would make it harder for the company to offer anything less.
Lets not forget that none of this, including Not For sale Resolution,
homeowner concern and this posting was necessary had the Board not listened
to this homeowner speech in silence for 2 years in a row trying to wrest
control from the homeowners in making their own decisions as to the sale
of their property.
Annual meeting- more
Some homeowners who were not able to attend the meeting have asked
for more clarifications about the Not For Sale Resolution. The letter basically
in all cap letters and in a panicky tone shows the Board trying to distance
themselves from this homeowner, who has talked about the quick sale of the
property as a whole for 2 years in a row. It “boldly” declares
our place is not for sale, never will be, they will not enter into negotiations
with developers to sell the property. It basically “boldly”
declares that “we will not sell” your property right under you
even though we know we are only proxy-elected Board members, i.e. we know
the Board is not the owner of the place. There will not be an 80% rule.
It is amazing that none of this would have happened if they hadn’t
let this homeowner start talking about it and them listening to her in silence
starting January 2014 and then again in January 2015. People who have attended
these meetings know that there are mainly questions that hover around, trash,
cable TV, maintenance of the place and other mundane homeowner issues. This
is the first time ever anybody heard and saw a homeowner get up and the
Board as if expecting it , had the room quieted and listened to her give
a speech. Why was there no announcement prior to her speech? Why didn’t
the homeowner ask permission to give a 5 minute speech while other homeowners
just ask a one sentence or two questions? After CH sent a lot of homeowners
and posted numerous times online alerting homeowners to this speech and
the Board allowing it, homeowners started expressing concern and started
talking to each other and CH. The Board thinking of a rush of very concerned
homeowners which actually did happen (a correct assessment on their part)
in spite of a cold January night (some standing room only), thought of a
way to “boldly” declare we had nothing to do with her. Nowhere
in the resolution even mentions why they let her talk in the first place,
nor to this date have we heard as to why this homeowner wanted to act on
everybody’s behalf without their permission. We have our suspicions
though. In their “resolution” however, we believe they inadvertently
tipped their hands in cooperating with this homeowner. In the condominiums
where the 80% rule has become the law of the place, the excuse for creating
such a rule has been that not to let one homeowner object to prevent the
sale of the whole property. This is also the exact wording in this Not For
Sale Resolution. That to us shows a veil attempt at telling us what could
happen and what we could be missing (which is a wholesaling of our property).
What if 5 people object? How about 10? How about 19%?
It just shows that when living under HOA you cannot let your guard down.
She could be back next year or we could get a letter from somebody, entity
etc.as we predicted before, telling us about the merits of a wholesale deal
and reminding us it wasn’t us and to remember the resolution. If one
or more want to hold the sale of a property, the developer will not be stumped.
They can take over the Board and quadruple the maintenance fees and force
the homeowner(s) out legally. The Board, homeowners or this homeowner should
not be spending time as to how facilitate the sale of our extremely valuable
property. Anybody doing that will only invite suspicions onto themselves.
January 21, 2016
Many homeowners remember when we had an Annual Meeting to decide
on a proposal to have a $1000/month assessment. Homeowners came with force
and the awful proposal which primarily was for borrowing was defeated. This
Annual Meeting was one of those nights. We had let many homeowners know
about the homeowner who had been advocating the merits of selling our property
on a wholesale level. This was a serious threat to all of us and CH let
many homeowners aware of her speech. She had talked about it for 2 years
in a row and the Board had let her spread this unsolicited , nonsensical
notion. We had questioned the reasons behind this speech and the Board allowing
it. Homeowners who attended the meeting saw a Not For Sale Resolution waiting
for them on the tables. It looked like the Board had taken notice of this
alert put up by CH and was trying to distance itself from this homeowner’s
The question comes up which is why now? Is that because they felt the homeowners
who had not heard her speech, were rightfully upset and were going to ask
the Board questions? It sure looked like a pre-emptive action. After going
through all the agenda they wanted to address the sale of the property.
By that time which was nearing the end, the Board had pretty much lost control.
The homeowners were upset. They took a show of hands resolution. It was
a pathetic attempt at demonstrating a hands-off policy towards this very
important issue. How would that matter if an investor steamrolls over us?
The action of this homeowner which has included direct talk (according to
her) with investors and the Board’s willingness to let her talk might
have already damaged our position. She and the Board might have already
turned an individual issue to an “us” issue. The homeowners
united let her know in no uncertain terms that she did not have their permission
to talk about their property. They also told her again in no uncertain terms
that she was welcomed to sell hers and leave. This is a subject that is
for each homeowner to decide. It is an unwritten rule of negotiation that
when a seller approaches the buyer the price is automatically reduced. She
tried to defend herself by saying that she started the talk when the gas
prices were not so low!! That did not even make sense. By that she meant
the market was hot. If it was hot why did she advocate a quick sale of the
property at a wholesale level? For her information, Houston has not cooled
at all and most certainly our property. This is not a one-trick pony kind
of city anymore. After the last oil price reduction, Houston city leaders
pledged to make the city economy a diverse economy. So far it looks like
it has worked. The real estate prices are still high and construction is
going up non-stop in virtually most areas of Greater Houston. You see signs
for hiring in many areas which were not there in the last recession. There
is a great medical center with visitors coming from all over the world,
a new International Hobby airport, a great high-tech field, more active
ship channel, a great climate and much more. The oil job losses could translate
to something else on the future but nobody can foresee the future. With
no visible signs of weakness this homeowner assumes we are in difficult
times and she wants to sell what that doesn’t belong to her. We found
out that a homeowner, reportedly just recently has sold her one-bedroom
here for $85,000. That is right along with our prediction that a one bedroom
here could be worth $100K. If she takes a hands-off policy and just minds
her own properties we could very well get that and probably more.
There was also the issue of the election. We had predicted that all 3 incumbents
would win re-election. This time however only 2 were elected and at first
glance looked like CH was off by one Board member. However this requires
more knowledge of these people. The Board member who was not re-elected
came to the meeting with the assistance of a walker. He was guided to his
seat. He was absent in last year’s meeting and had been absent many
times in 2014. The Board wanted to get done with the charade of elections.
His pitch for re-election lasted 20 seconds. The first 10 seconds were inaudible
and homeowners could only hear a mere 10 seconds of what he had to offer
for the upcoming year. This another one of the Board’s banana republic
type of voting looked more like a retirement ceremony for him and passing
of a torch to yet another relatively new homeowner. Someone who has not
been as familiar with the whole set of issues here like redaction of files,
closed elections , one-contract (Tina’s contractors) bidding and much
more emanating from a typical HOA with a management company, like the other
homeowners who have resided here for 30 years or so. Let’s hope he
turns out to be different. Some homeowners who were appointed ( we just
can’t use the word elected since we can’t monitor the election)
to the Board quit in disillusionment a couple of years later. Some found
out they were there to sign papers only or were there to agree with whatever
they say. Its worth mentioning that the losing Board member was also on
the Board when 2 non-homeowners were elected to the Board in 2008. Its amazing
that he had voted to remove the Board members in the 2005 removal meeting
and then switched positions and got on Board. He was also the one who gave
the disastrous pitch in that $1000/month assessment.
Going back to the issue of wholesale selling, the homeowners cannot let
their guards down. She could come back and the Board could let her talk
again under the guise of a new heading but with the same intent. Living
under this HOA ( and HOAs in general) means never resting comfortably and
plan for retirements or other things. If her plans had succeeded, we could
been out with measly amount in our pockets and move to much less valuable
locations. After all what could you buy in the still very expensive Galleria
There is a homeowner who is running for the second time in 3 years
in this election. There are also 3 current board members who are incumbents,
one of them a homeowner who has owned a unit here starting just in 2014.
She has been appointed as a temporary Board member since a few months ago.
The non-incumbent homeowner is asking homeowners who know CH to support
him. While no doubt he can be very useful to homeowners here with his expertise,
he is of no use to the Board and Tina which we see has an active role in
elections and even breaks our bylaws by letting non-owners get on the Board.
The Nominating Committee has not had any member in the last 10 years or
so who have nominated themselves and got elected. The Nominating Committee
is name only. We fully expect the 3 incumbents to be re-elected and this
homeowner lose. The election here is a sham. They want certain members which
would include yes men/women who are there sometimes to fill the quorum.
Expertise does not matter to them. Homeowner’s interest is of no interest
to them. You can see with the fact that they show no interest in fencing
bids provided by CH and just stop the 2121 fencing project all together
with no valid reason. Let’s not forget redacting the documents a few
years ago. Most important of all lets not forget the fact that elections
here cannot be independently verified. Last year the incumbents won all
seats. CH will not participate in any election held by Tina and this Board
until elections can be independently monitored. We cannot trust a bag of
proxies Tina brings every year and call it legitimate votes. We fully expect
the incumbents win again and this homeowner who apparently has a lot of
experience probably lose again. This is banana republic on display.
The bids were ok after
After a flurry of emails back and forth and showing Tina her own
words, she finally agreed the bids obtained by CH, and called at random
using homeadvisor.com were ok. We have asked to be present at the meeting
some time in February or March, and we know some concerned homeowners want
to attend the meeting too. We just want to make sure that all bidders get
a just treatment. We all need to go over this huge $13-14000 difference
and see why Tina’s bids are so much higher than the other ones. This
is after all what is causing the 3% increase in our maintenance fees.
Question: why did the fees go up by the full 3% when only one
of the two buildings was done in 2015?
January 12, 2016
2121 fencing project -The plot thickens
When we inquired about the proposed meeting all of a sudden Tina
said she had read them thoroughly and found that they left out a whole fence!
CH asked as to why she has taken 4 months to tell us that and only when
we inquired about the meeting. She replied “I am just assuming they
are missing a fence. I don’t know.”
When we brought that up that you said you went through them thoroughly and
now you say you just assumed she replied that she did go through them thoroughly
and that the proposals were unprofessional. We asked why she waited 4 months
and again after our inquiry to say so and which ones (or all of them), there
was no answer.
Homeowners have to remind themselves that she works work us and
we pay her salary. We have shown a potential of $13-14000 loss to us if
we go with her bidder. This already happened at the 2101 building. She is
in no rush to have that proposed meeting. Since the Board picks her bidder
and shows no interest in getting outside bids, we can assume the Board is
ok with that too. To sum it up, looks like the Board is Ok if homeowners
spend needlessly $13-14000. They look to be ok with us losing money
Janury 9, 2016
2121 fencing update
A few days ago we tried to get an update on that planned meeting
of the contractors. If you recall this was a meeting that was supposed to
be between Tina’s contractor, Concerned Homeowners 4 suggested and
called at random contractors, the Board and Tina( the property manager)
. The meeting was for the fencing project for the building at 2121. Lets
remind you that the average of the 4 contractors we introduced were about
1/3 of Tina’s. For some unspecified reason this fast track fencing
project stopped dead in its tracks after we introduced the 4 contractors
about 4 months ago. When we inquired about the meeting, she said it would
be in February or March. However for the first time ever she said one of
the fences from the 4 contractors were left out. We reminded her that we
already have 4 confirmation emails from her , one for each contractor ,
after we had submitted their bids to her that they were Ok. We also reminded
her that we have all those emails available. There has been no response
to that. Its also amazing that after a 4 month period of silence and no
activity and after our inquiry into the matter, all of sudden she says there
could be a fence missing in their bids.
CH has asked to be present at that meeting to make sure it will take place.
After all for 2101 building fencing project and other matters like signing
up with the gas provider one floor above the management company one month
before we could get rival bids they were not too concerned for homeowners
best interest. They signed up with the same gas company and before we could
get our bids in and have not used our bids for the 2121 fencing that clearly
are a lot lower than Tina’s.
This is a direct result of HOAs being treated like actual governments
except that they don’t have checks and balances. It is what happens
when leaving things in the hands of ordinary people without proper education
and training and then expect them not to succumb to human weaknesses especially
when they know nobody is watching or even is allowed to watch i.e. having
proper checks and balances.
The ex-president of an HOA in Ohio is charged with the theft of $66,000.
He had charges of grand theft of $20,000 or more, scheme to defraud and
money laundering of $20,000 or more filed against him. He was first elected
as the treasurer and president of the HOA in 2013. The treasurer's responsibilities
include maintaining all financial records, collecting dues, paying bills,
providing financial statements to the Board of Directors at meetings or
as requested and preparing all financial documents for the Board of Directors.
The current president claims that the ex-president stole $75,000 worth of
cash, keys, checkbooks and association documents during the previous past
two years. Reports said he depleted three certificate of deposits the association
had as well as its savings and checking accounts by spending the money on
unapproved transactions. Investigators also were able to verify, he used
the HOA bank account to pay $24,196 of his own bills such as mortgage and
utilities bill from the account.
We have seen many reports about HOA corruption all over the country and
there is still not a lot of movement tackling the main problem which is
that there is no state agency monitoring the common man to keep him honest.
It happens in Canada too
Recently the British Columbia Strata property Act was changed. It used to
be like what ours is, meaning 100% homeowners had to agree in order for
the building(s) to be sold. The change as you might have guessed it was
from 100% to 80% homeowner approval. Right after the change was made one
huge developer made an offer to the residents. The residents that didn’t
want to sell would now have to sell. The executive director of the condo
association was very happy about it. This is a person who is in reality
a regular homeowner. He is happy that now everybody has to sell. Why would
he be happy about this? If he was tired of his position and the responsibilities
that goes with it ,he could have resigned and become a regular homeowner
again, one without a title. If he wanted to sell on his own he had every
power to do so.
This brings us to our situation. Why is this homeowner which CH has written
extensively about , so busy trying to create a deal? Why does the Board
let her talk for 2 years in a row now in the Annual Meeting?
Fortunately there is no force of the government here to try to pass this
totally unnecessary law. Homeowners here have to beware and show up to the
Annual Meeting on January 19 and demand she stop representing us.This could
be here third unsolicited, unnwanted and terrible advice. If she and others
in cahoots with her succeed, you will be forced to give up your property
at a much less value that this special location deserves
and move to a less desirable area.
This happened in Florida. It happened in a retirement community
condo building. Nine unit owners are suing another owner who they say has
tried to wrest control of the building. This investor is trying to change
the rules and bring in young renters who are not eligible to live in the
retirement community. He has bought 15 units in the 26-unit building and
has obtained interest in 2 more. He is also the association president. He
contends that he has the rights to change the rules and lease out his units.
This could reduce the value of the remaining units by $15,000. He is a board
member so he might have his legal expenses paid by the condo’s officers
and director’s liability insurance.
This in effect what could be happening in our condos but with different
goal. We think there are plans to change our rules and regulations. As you
can see it can be easily done and rather quickly. The 9 owners contend that
the investor needs each owner’s approval as it states in their bylaws.
The investor didn’t care about that and proceeded to change the rules.
Only a lawsuit is putting what could be a temporary hold on that action.
If ours, which we think its the 80% rule becomes a law, it would be nearly
impossible to be overturned.
and the Mayor's office
Over the past two months the residents of 2121 have been complaining
to Tina about not having hot water. None of the Board members (including
the illegal ones) live in that building. The natural conclusion was that
nothing was done about it. One homeowner approached the illegal president
3 weeks ago was told by her they were getting bids. Meanwhile the residents
were taking showers and washing dishes without hot water. Finally after
much complaining to Tina and getting no or slow results, a homeowner complained
to the Health Department. After getting minimal results there, she took
her complaint to the Mayor’s office. They called Tina from there and
after letting her know they are calling from the Mayor’s office, it
looks like finally after more than 2 months they are getting a new boiler.
We can imagine these problems would have been solved long time ago and within
a few days of the problem if the boiler was at the 2101 building.
The Board did not want extra bids
About 8 months ago we inquired about the gas company’s contract
with Tina. This was particularly of interest to CH as the company was located
one floor above our management company. We asked Tina when the contract
would expire so we can provide additional bids. Tina let us know via email
that due to changing prices the Board would start getting bids around December.
We contacted Tina this past week and were told Board had already decided
to go with the same company!
They already knew about the fencing bids which were much lower than Tina’s
why not wait for more bids for gas? Why does the Board seem to always hire
Tina’s contractors which looks like they cost more?
If you see an increase of 3% in your March 2016 maintenance fees you know
it could have been avoided. We don’t know what the gas company rate
is but why not taking a chance on competition to help save everybody money?
Is 2121 Fencing project going on?
We received information from a homeowner today that a torn down
old fence was observed in the trash bin. It looks like part of the fence
between two units, or inside fence.
As people who have followed this site are aware, we have got 4
bids, averaging 1/3 of Tina’s bids. Apparently they are planning to
meet with all contractors, including theirs to see where the huge difference
comes from. We already know. Tina’s bids have always been expensive.
We asked Tina about it and she denied they are doing that.
The homeowner who notified us believes they are doing it bit by
bit so it would not be noticeable and when it is done; they could just say
the Board decided to go with them. If that happens, the homeowners who already
have lost about $12,500 could stand to lose another $12,500 totaling a loss
of about $25,000 for a few pieces of wood.
If you see any activity regarding the fences please send us an email at
As homeowners who live in 2101 building know, the fencing project
started and finished sometime in August . It was finished in about a week.
We asked and received a copy of the invoice and discovered the Board had
only asked for and received only 2 bids (Tina’s usual bidders). We
quickly got 3 additional bids ( 4 so far). The average of ours came up to
be about 1/3 of Tina’s usual contractor. By the third bid, we were
informed that the Board was planning to talk to all contractors, including
the ones we had called at random. The meeting according to Tina has not
been scheduled yet even though we were told it could be in January. For
homeowners who visit the property, you can look at an odd scene. On one
hand 2101 has brand new fences which were done over 2 months ago and next
to it, its 2121 with its old fences. This is not rocket science. It does
not need a whole lot of research to continue finishing the job. A question
comes as to why the job for 2121 stopped at all? If the answer is that they
needed to see if all contractors are on the same page, why not hold the
meeting sooner, like 2 months ago, a month ago, in November or December?
We think its just to let the whole issue be forgotten and without notice
you would see the usual contractor back at work again doing the 2121 building
at 3 times the price we got. He has done a good job at 2101, however if
the Board really didn’t want to “have to raise the maintenance
fees” they should have shopped around. If they really are looking
for the best interest of the homeowners they should get at least 5 bids
for major jobs .
12 , 2015
New Board member
According to Tina, the Board member who has been here the longest
is not there anymore. Some homeowners had reported some problems with him
and according to a homeowner he was not able to serve anymore. The Board
has the power to appoint someone else to fulfill his duties for the remainder
of his term. So how does this Board go about selecting anew Board member
and best preserve the interest of the homeowners? By selecting a homeowner
who has been a homeowner here only since May 2014. Somebody who barely knows
about the depth of the problems we have here as to the process of elections,
one-contract, same contractor bidding, redacting insurance documents, etc.
Somebody who barely even knows her neighbors let alone the rest of the homeowners
. In other words somebody who they conceive to be safe and won’t ask
questions, help with establishing the quorum and just sign what the others
sign ( by legal and illegal members both).
About the quorum however we don’t think it would be a deal
breaker. After all they didn’t care about a person on the Board being
an owner of record. So what does a little thing like quorum matter?
Maintenance fee increase
Every year around October or November the Board has its monthly
meeting to determine on some issues including maintenance fees. This Board
which has been operating illegally, with 2 illegal members ordered the fencing
project for 2101 and 2121 for the year 2015. According to what the illegal
treasurer said in the last Annual Meeting, they were going to raise the
maintenance fees by 3% because of this project. When they did the 2101 project
they only got 2 bids (according to Tina, it was the instructions of the
Board to her), and the homeowners got 2 expensive bids, from Tina’s
usual bidders. The less expensive bid did the 2101 building project, to
the tune of about $21,000. When Concerned Homeowners got the notice of such
an expensive job for a few pieces of wood, found 4 contractors and submitted
(so far) 4 bids, some at 1/3 of the 2101 price. As we know the work at 2121
was stopped pending a meeting of all contractors. We think the meeting is
just a plan to find faults with the bidders provided by Concerned Homeowners
that were picked at random and dismiss them and continue with the contractor
that did the 2101 job, meaning 3 times the cost. If the maintenance fee
increases this year, brings up couple of questions: Wasn’t the increase
supposed to be for both buildings with only one done? If they pick one of
CH bidders then why would the increase be 3% and not 1.5% or less? Of course
they should not raise the maintenance fees at all since it was a total disregard
of homeowner maintenance fee dollars and getting one or 2 bid contracts
from the usual Tina’s expensive bidders. In other words if they had
got more bids and not rely on Tina’s bidders they could have easily
saved us some serious money. This means they should account for their lack
of good judgment to say the least, and not raise the maintenance fees at
all for this coming year. They should realize that the days of one, two
or same contract biddings are over. CH will be providing competitive bids
for all major jobs if they don’t. It is now time to be held accountable
to homeowner’s hard earned money that pays for everything from A to
One of the results of no checks and balances with HOAs, is having
a common man/woman be burdened with huge responsibilities which is usually
way over their heads and can have disastrous results for the homeowners.
It makes perfect sense for good HOAs (unbelievable but there are some) to
send an invitation to homeowners at least 60 days in advance asking them
to come to the Annual meeting and help discuss issues relevant to their
property. Issues like how to better run our place, or addressing the needs
of the homeowners. In our place which by most measures is a bad association
and a group of people running the Board, this only used to happen. It stopped
happening when they saw Concerned Homeowners was serious about getting to
the truth. After all we have non-owners of record being on the Board making
decisions, signing documents when they are not authorized to do so, getting
property manager-only bids with expensive results ( as we see with the fencing
project) , homeowners not being able to monitor the elections, etc.
They hope the homeowners don’t show up at the Annual Meeting. They
hope they don’t have to account for increasing our maintenance fees
all due to a project that did not need to be done. We even think the quorum
has not been established in many years. Did anybody beside Tina count? Can
you trust Tina when she knowingly let 2 non-owners of record get on the
Board in Annual Meeting of 2008 and be currently in breach of fiduciary
This year’s meeting is very important and probably the most important
ever. The notice will probably be sent a week before hoping not a lot of
people would show up. Better yet if the weather is cold, so even less people
show up. This time we will count the number of homeowners to see if the
quorum is actually real. We cannot leave anything to trust here. Homeowners
should connect the dots. Let’s be on the lookout for what we perceive
to be a real concern to us, which is the homeowner who is attacking our
home values and tries to change our bylaws to that awful 80% ownership.
If she gets up to talk for the 3rd year in a row, let’s ask her why
she is doing this and for what purpose. More importantly let’s make
sure the issue of changing our bylaws to allow for such a terrible advice
never materializes by standing firm against it and reject any proposal for
such a vote. This could cost all of us potentially half of our home value
and a forcible move. All these can occur, have happened and currently happen
elsewhere and are very real.
26 , 2015
The fourth bid
As our ongoing efforts to get multiple bids, we received the 4th
bid last week. We sent that to Tina and after a minor question which was
answered, we didn’t hear anything more from her. We assume the bid
is acceptable since we told her to bring up any questions and told her that
if we don’t hear anything more, then the bid would be ok.
Recently the traveling salesman from the Board who walks around
and tries to sell this super expensive job on 2101, asked a homeowner what
he thought of the fencing job that it only cost over $21,000. The homeowner
was so shocked by the high price that he told him he couldn’t believe
it cost so much! This traveling salesman is the same guy that is not even
an owner of record and he is on the Board and wants to raise our maintenance
fees by 3% this coming year.
The fourth bid was actually the lowest bid of all 4. It came out
at $6616.00 and includes all the specifications given to other bidders.
As you can see the homeowners lost over $12,500 at least by the Board asking
Tina to get only 2 bids. She got 2 bids from her 2 contractors that cost
us a lot more than we could have by shopping around. Lets hope the Board
takes the right path and takes one of the bidders that we called at random
from homeadvisor.com. This should avoid the unnecessary 3% increase on this
fencing job that was not needed in the first place.
Forced sale situation
This is the continuing evolving situation in Florida. The state
has a law that if 80% of the owners sell to an investor the rest are forced
to sell theirs at market value (read appraisal district prices) to that
investor. Of course Texas doesn’t have this law, but as we mentioned
here, each condominium project can have its own rules and regulations.
The law in Florida states that homeowners should be compensated for at least
what they paid for it. However it was amended that this applies only to
homesteads. This means that multi owners who bought their property recently
and to rent them out could lose big in that forced sale. As example there
is this couple who bought their condo in 2006 for close to $250,000 and
now that they have to sell it by force of the law and the investor will
only have to pay $127,000 for it. That means a loss of about half of what
they paid for.
Let’s compare that situation to ours. If an investor is eyeing our
property ( very likely), then we have to pay very close attention to this
homeowner who is getting the floor to talk at the Annual meeting ( two years
in a row now). She is trying to sell us this nonsense that if we make changes
to our bylaws and make it 80% approval then we can sell easily (as if we
have any problem selling on our own). She is trying to convince the homeowners
that giving up your total control to a stranger is good for you. Once you
lose your control to make your own decision, the kind of garbage that is
happening in Florida could happen in our place. Homeowners can lose big
in this highly popular location. Even homeowners who have a free and clear
homestead can lose their property for half of what they can get for it themselves.
Please make all attempts to attend 2016 homeowner meeting. It is very crucial
for homeowners to attend this meeting. They could be talking about your
property hoping you don’t show up so they can sneak this all-bad proposition
into law here.
Every once in a while we get emails from people who want to comment
on the site. Most of these comments are about the Board and election. These
comments usually propose that, there is an easy fix to that and we can remove
the Board members ourselves and elect new ones. In essence they try to portray
HOA as a another type of government that is functioning properly and has
checks and balances. Nothing can be further from the truth. You are trying
to remove people who are in charge. People who are in charge are also in
charge of the election. In plain language it means you don’t trust
these people and you want them to be removed from positions of power. How
can you then trust the same people to hold the election for their own removal?
This is a catch-22.
It’s a dog chasing its tail. In order to hold a true election, when
there is no trust whatsoever, you have to be able to monitor the election
from start to finish. In the absence of any trust of the election results,
anything short of that would be meaningless. That means you should be able
to see the letters put in envelope, stamped and dropped in mailbox and then
be there everyday to open the mailbox and be able to open it and see for
yourself and tally the votes.
We have found out people who make these comments are either people who are
not informed but well-meaning and truly want to give suggestions or people
who are afraid that their beloved HOA industry; you know the one that feeds
them ,get another black eye. This industry includes attorneys who advertise
their services sometimes exclusively to HOAs, insurance agents and adjusters,
various contractors, utility companies and others. They have an interest
to keep the homeowner in the dark and only trust a certain group of people
to run the Board. What is amazing is that the laws governing HOAs are so
in favor of keeping the status quo and oppose any change. This is where
most people have made the biggest investment of their lives and yet they
can’t even effectively voice their complaints or do something about
fraud that is ongoing in many HOAs. There are no checks and balances. There
is nobody to complain to. The only option would be a lawsuit. The average
homeowner has virtually no chance to unseat people who at times could be
the least qualified and at the same time being protected by strongest laws
keeping them in power.
What we have in our HOA which is 2 Board members being on the Board in violation
of our bylaws ,could happen in any HOA across the US. Please remember this
has happened with the blessing of other Board members and they are still
there over a year after the fact. One of them still doesn’t have a
deed and technically should not even be allowed to be in any meeting involving
homeowners and their concerns. Yet he is still the treasurer.
The solution: A state agency with enforcement powers who can listen
to the two sides of a dispute and just like any other state agency be able
to rule with effective powers like removal, fine , and also be able to refer
corruption cases to District Attorney . The threat of being imprisoned can
usually keep many Board members who get under the table funding, honest.
This does not even have to be another agency to counter the argument of
some people who oppose yet another government bureaucracy. To get there,
keep calling your congressman and ask for more transparency. At some point
we will get to total transparency which is what homeowners deserve.
The office of Attorney General can open a branch just for HOA disputes and
be able to shut down HOAs that are corrupt just like any other business
and hold true and honest elections for new members. This is when you can
advise people to just remove the bad ones.
Shocking but expected- $2.8M embezzlement
by property manager
This happened in an HOA in California. She was charged with 2 counts
of felonies for stealing from the account of a 990-unit HOA from 2007-13.
This is what is happening pretty much all over the country. The shocking
part is the amount. It is amazing that one person was given so much control,
to allegedly steal close to $3M for so long while being a property manager.
It just depends upon the value of the property, location, number of units,
etc .The expected part is pretty much is the definition of insanity. It
is doing the same thing over and over again and expecting a different result.
Until there is no independent agency with enforcement powers starts looking
over HOAs , these would be the result we would be getting for the foreseeable
future. Who is looking when the manager or a Board member with access to
bank accounts starts embezzling? When a homeowner starts investigating on
his/her own they could get stonewalled. They could get denied been shown
documents. They could get documents but heavily redacted so they could be
rendered useless. They could get threatened with frivolous lawsuits just
to shut them up. They could have to conduct expensive forensic accounting
to get to the truth. These are steps that are normally out of the reach
of an average homeowner. As you can see a state agency with enforcement
powers is the only solution for this problem called HOAs run by ordinary
people. Ordinary people can have money problems like bills to pay, sickness
in the family , being behind in car loans, etc. The lure of easy money can
be very strong for some ordinary people with weak morals. The property manager’s
job would be to help the Board solidify their powers. This many times unsavory
duo can work against the average homeowner, in the form of hiring the same
contractor, getting under the table funding which could make the homeowners
pay with higher maintenance fees at the end; since the contractor would
simply jack up their price to make up for the bribe. The list of unsavory
acts can go on and on. A state agency would solve this problem. They could
look at rigged elections, access to records without delay or redactions,
making sure the Board members are qualified to handle the huge power of
foreclosure which can result from imposing fees and fines for sometimes
simple matters like not liking a homeowner’s door paint and getting
into a mutual disagreement and escalation of the matter. Let’s not
forget many foreclosures held at first Tuesday of the month Family law Center
downtown, result from HOA fees arising from fines and attorney’s fees
that could become too much for an average homeowner. This could result in
them losing their homes to sometimes a few hundred dollars. Only voicing
your complaint to your congressman can help things out. They are after all
worried about being re-elected ant that could be more powerful than any
lobbying on the part of HOA industry.
In this case the manager was pairing with a guy who had a faked company.
She created invoices, paid him and then the two split the money. They face
aggravated white-collar crime and could face 6 years in prison. We have
to re-iterate: Not all HOAs are corrupt.
Senility on the Board?
A few days ago a Board of Director member was observed at the 2101
building looking for coke machines. He was asking some homeowners as to
where they are on this property. One of them told him that there have never
been any here. The Board member responded that there used to be here 30
years ago! Guess it took him 30 years to get curious about their absence.
Interestingly enough he was standing right underneath where the mutilated
animals have been discovered. Looking disheveled he headed back in the direction
of his condo.
May be its time to replace the old timer. Notice we said “replace”
not “elect”. In this sham of an election where 2 Board members
are still there illegally, we don’t expect an open and honest election.
The elections here cannot be monitored independently.
This Board member was one of the members sitting across the table
from homeowners in January 2008 Annual meeting, when the 2 illegal members
got elected. Tine admitted that she knew about their illegality and illegibility
and we have no reason this Board member didn’t know. For sure he has
known it since August 2014 and ignored our request in writing to remove
them. Tina, him and the rest of the Board are in breach of fiduciary duty
at least since August 2014.
September 22, 2015
HOA and SPCA
On July 23rd there was a mutilated mouse on the home of Concerned Homeowner
activist. As posted here with the picture of the mouse, the police was called
and a police report was filed. On August 14, a mutilated bird was put on
the same spot. Again on September 10 another mutilated bird was put there.
It is apparent that somebody’s interests are in danger. Concerned
Homeowners has been very vocal in its opposition to one-contract (same contractor)
bidding, non-verifiable elections, redacted documents, etc. This is the
kind of stuff we can expect from HOAs with a common man in charge following
his/her self-interest with the power to fine his fellow homeowner and most
importantly in charge of interpreting laws sometimes with nothing more than
a high school diploma.
Due to the nature of these intimidation tactics and ghoulish acts, we contacted
SPCA and let them know about this cruelty to animals. They were very concerned
and told us when identified in addition to local charges; they could bring
additional federal charges which could range from misdemeanor to felony.
We have a good idea who that person is.
As we are making every effort to positively identify this person,
we ask anybody who knows about the identity of this night prowler who harms
helpless animals to deliver a message, to contact Concerned Homeowners at
832-685-8770. We are also looking for people who are possibly aiding him.
The third bid on fences
We received the 3rd bid for the fencing project. It was emailed
to Tina and we got a confirmation email that the bid was right. As you recall,
after receiving the bids, the Board all of a sudden suspended the fencing
project for 2121 and postponed it till next year. The 2101 project has been
completed without any other bids except Tina’s two bids. We later
confirmed with Tina, that the Board had asked her to get 2 bids! So she
went ahead and got her two contractors to bid against each other and they
picked the lower one. The contractor that got it usually gets the smaller
Here are the amount of the bids that we got:
First contractor: $7984.52
Second contractor: $8075.00
Third contractor: $9350.00
All these three were picked form Homeadvisor.com at random.
Tina/Board contractor: $20,800
So as you can see theirs is more than twice ours even the highest
one we got. If the Board instead of asking Tina, had asked interested homeowners
to help out and get extra bids, they, meaning us, could have saved $12-13000
on each of the building or a total of $25-26,000. We have already lost $12-13000
on the 2101 building. Now the Board facing this unforeseen, unwelcome and
unexpected new bids wants in our opinion to muddy the waters. They want
to meet in January with all contractors, ours and theirs. They want to repeat
the scenario that we posted on September 13 about roofing 8 years ago. They
want to muddy the issue so ours just go away, just like they made the roofers
we brought in and again at random, from the Yellow pages go away. We don’t
think they care about saving money. If they did they would have asked us
to help them get bids as we have constantly told them we could. We will
go to the meeting. We will follow up with our contractors afterwards and
we will see if as they say its “apples to apples” or apples
to oranges. Please keep in mind that we copied and pasted the specifications
given to the Board contractors and sent them to the contractors that we
called. Then they want to charge us 3% increase in maintenance fees because
of the fencing! Just watch how they will try to discredit our bidders or
show they are not the same or something to that effect. We will try to get
4 or 5 more bidders. Let the Board try to do away with 7 or 8 contractors.
Our records will be open and so what Tina sent us as specifications given
to their contractor.
We will attend the meeting
At the Annual meeting about 8 months ago the illegal treasurer (
the guy who is not an owner of record and violating our bylaws everyday)
brought up the subject of redoing the fences for both 2121 and 2101 buildings.
This was first announced at a staggering $56,000 for a few pieces of wood.
The “treasurer” also announced a 3% increase in our maintenance
fees as a result of what we believe a totally unnecessary repair, and certainly
at the expense of the increase. Apparently as we were discussing this with
Tina , the work had already been contracted for the 2101 building at the
price of about $21,000. Before long the trucks and the workers were there
and finished the job in no time. We asked Tina how many bids were involved
and she responded 2. We asked her who asked you to get only 2 bids and she
responded, the Board. So Tina went and got her usual 2 contractors and one
of them, the one that we see usually gets the lower priced jobs got the
job. Please remember the company did not even have a website until recently.
He only had an answering machine. We started getting bids for the 2121 building
to save homeowners money. We thought he price was too much and we could
save with the other building, the 2121 building. We got 2 bids. Both bids
were submitted to Tina and she, through an email was ok with them. We also
got a third bid which came up about $2000 more than our two bidders but
about $10,000 less than the Board bidder. We need to clarify that bid and
resubmit it. It shows all our 3 bidders if the Board selects one could save
homeowners over $12,500. So now the work has stopped. The project that was
supposed to be finished in fall, is now postponed till winter. They want
to hold a meeting with all contractors, theirs and the ones we found. Why
didn’t the Board get more than 2 bids for the other building? It appears
the Board is not interested in saving us money so we don’t pay 3%
increase in our maintenance fees. Now apparently they want to hold a meeting
to see if their contractors and the contractors we found agree on the same
specifications. Keep in mind that we copied and pasted the specifications
given to us by Tina and our bidders submitted bids according to that, so
they knew exactly what they were talking about. A fact that was further
confirmed by Tina that the bids submitted by us was ok. Our contractors
were found at random and through homeoadvisor.com. We don’t think
this meeting is real.
A similar meeting was held more than 8 years ago. That one was about a roofing
project. Concerned Homeowners invited 10 roofers to submit bids found through
Yellow Pages. A time was specified ( by our insistence) for all bidders
to attend. They all attended. The Board and Tina did not call back some
of the roofers we introduced to them and found faults with the other ones.
They ended up getting a predetermined roofer they had in mind all along.
We suspect they are trying to do the same thing. They want to invite the
bidders found by us and through some vague questioning and process show
they are different, or find some fault with their bidding and disqualify
them and go with their predetermined contractor. We don’t think it
matters to them if it costs the homeowners money and a 3% increase in their
maintenance fees. We don’t believe they are interested in saving us
money. If they did, they would have got more bids for the 2101 building.
We plan to get more bids and will attend the meeting that they plan to hold
in January only 4 months from now. We will also keep in touch with them
after the meeting to make sure their bids have been given consideration
in a fair and objective way. We will let the homeowners know if they decide
to go with their own bidder even if its twice as expensive and would also
cost us a 3% irreversible increase in our maintenance fees. At least this
is what we believe they plan to do. Lets see if they are serious and are
really interested in saving us money.
September 6, 2015
condo manager caught
This is a story that we posted here on July 5. It was about a property
manager in Florida who allegedly stole $228,000 form the HOA and then fled
across the state. She had a grand theft warrant against her.
If your browser does not support a link, just copy and paste it to your
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.
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.
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.
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.
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
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.
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
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!
Stan “The Man” and the Transfer fee
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.
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.
& 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!
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.
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
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.
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:
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your address box
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
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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!!
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 .
Community Associate Institute
Community Associate Institute (CAI) is an organization that works
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
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.
& 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?
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.
True & documented-Questions
about management company mishandling money-video
If your browser does not support it, just copy and paste it to the address
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.
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
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.
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.
the exit gate
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.
True & documented- Video
This happened in Florida. Homeowners accuse condo board
of cashing in on their positions
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
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.
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
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
Our developer is long gone , but this quasi government remains and so are
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
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
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
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.
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.
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
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
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 email@example.com with
the date and time.
Its time for the management company to go.
HOA-wrongful profit- click on the link below to see the video:
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.
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.
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.
For the record
Concerned Homeowners emailed Tina last week and what we got was a rhetorical
Q. Can homeowners come and inspect (the incumbent’s) deed.
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.
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.