For legislators: poster-child case of HOA extortion of homeowners

This Florida case is the poster-child for the “standard operation procedures” by rogue HOA boards. The situation heard too many times by this advocate, and amounting to legalized extortion because most homeowners cannot afford to go to court for justice. And the HOA, its management firm, and its attorney all too well know this!

The “see no evil, hear no evil, speak no evil” attitude of state legislatures and their misguided belief that the HOA, like any other business  are angels can do no wrong — and will protect the rights and freedoms of its members — must cease right now! This is another example of “us agin’ them” and the destruction of trust and social capital within HOAs.

The appellate court quoted,

“The trial court found that the complaint to foreclose the lien was premature. Agreeing with the trial court, the Third District noted, ‘Had the Association accepted and applied the tendered payments, the dispute would have been reduced to an inconsequential amount, and the Association’s attorneys could not in good faith have filed to foreclose the miniscule claim remaining.’ Ocean Two Condominium Ass’n v. Kliger, 983 So.2d 739 (Fla. 3d Dist. App. 2008).”

The court held,

“What can be gleaned from this record is that the association and its accounting methods were woefully inadequate to correctly ascertain and give notice of the amounts claimed to be due. Because of this imperfect record-keeping, the association did not make a proper claim of lien, nor did it give sufficient notice in its complaint of its claim. Had it done so, in all likelihood this case would not have even been filed. Saar showed that she consistently made the payments required and had detailed records to support her payments, many of which were not properly credited by the association. She paid all sums due in accordance with the notices and claim of lien.”


Published in: on September 8, 2011 at 7:56 am  Comments (2)  
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2 CommentsLeave a comment

  1. […] than property owners in HOAs AZ CAI’s reaction to the “new era of regulation” of HOAs For legislators: poster-child case of HOA extortion of homeowners HOA boards can be sued and not covered by insurance Will legislators stop CAI attorney acts of bad […]

  2. the favored Business model for corrupt HOAs: Throw false fines, false liens and every other POO you can dream up on a hapless homeowner – and something will probably stick, regardless of it’s complete invalidity. Then you, the Board, can split the proceeds with Trick’em, Stick’em and Dick’em – and pick a new target. Ah, life in the American Dream Home…I would only wish it on HOA Attorneys and entrenched crooked Board members , let them take turns fleecing each other, seems fair. There should be a law protecting anyone who DOESN’T have a law degree from buying into these unregulated cesspools as they exist now!

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