August 2011

I really enjoy checking out the keywords and search queries people submit that lead them to our blog.  Sometimes they are simple – looking up the attorneys or the firm.  Sometimes, I have no idea how that particular search query sent the individual to our site. 

 Today I thought I would give a quick and dirty rundown of some of the more recent searches that have brought people to www.cohoalaw.com.

1. "Homeowner responsibility if foreclosure when no equity is in home."  If your bank forecloses on your home, and you have no equity or are underwater, you may be sued for the deficiency between what the bank gets out of the foreclosure, and what you owed on your note.Continue Reading So…What Brings You Here?

EcoSalon republished a great story written by Lindsey Anna Toleda entitled Seeing Red (When the Homeowners Association Wants To See White). It’s a well written piece about the importance that heritage, images from their travels and color plays in lives of Lindsey Toleda and her husband.

Lindsey and her spouse live in a homeowners’ association (“HOA”) and really wanted a red front door. She wrote:

Continue Reading I LOVE Color – But My HOA Doesn’t . . .

According to the celebrity gossip website TMZ.com, Chris Brown’s condominium association wants his probation revoked.  As you may recall, Mr. Brown plead guilty to assaulting his ex-girlfriend, singer Rhianna, and as a result was sentenced to five years of probation.

A condition of Brown’s probation is that he will obey "all laws."  This seems like a pretty broad requirement – I mean, do they have a LoJack in his car to make sure he doesn’t go three miles over the speed limit?  What if he removes the tag from a mattress?

Brown’s condominium association alleges he is a nuisance, playing loud music, parking in handicapped spaces, and vandalizing association property.  The association thinks that Brown’s probation should be revoked because he isn’t obeying "all laws."Continue Reading Celebrity Justice, HOA-Style

On Wednesday, the Colorado Division of Real Estate distributed the following communication relating to HOA Registrations: 

“One of the purposes of HOA registration is to provide the Colorado consumers with basic information about HOA’s, including their physical address and contact information for the HOA. It is important to remember that when you register your HOA…

Have you ever attended or participated in an HOA board meeting that could be best described as an unproductive hostage crisis? You know what I’m talking about! These meetings last literally for hours with very few decisions being made. As a director, you really want to sneak out the back door but understand it’s your duty to participate in the governance of your community. These meetings reach a critical point when directors are found staring aimlessly into space or begin drooling with their eyes rolled back in their heads. 

Here are a few tips for just saying NO to these painful and unproductive meetings:Continue Reading Just Say NO to Unproductive HOA Board Meetings!

Bloomberg.com has just reported on a story where some homeowners’ associations (“HOAs”) in Florida have taken action to force banks to proceed with foreclosing on seriously delinquent mortgages or risk losing their interest in the property. In one case, JPMorgan lost its claim to a mortgage when a court found the mortgage was more than four years delinquent.

Unfortunately, it is not uncommon for some banks to proceed slowly with foreclosures in Colorado. Interestingly, major national banks seem to be particularly adept at putting off foreclosure sales and even withdrawing the foreclosure action only to re-file at a later date.   Continue Reading HOAs Forcing Banks to Pursue Foreclosures

A receivership can be a useful tool for associations to collect delinquent assessments and fees against homeowners whose property is tenant-occupied or vacant. Assuming there are paying tenants, the process is typically smooth and the association recovers its delinquents assessments together with the costs of the receivership. In some cases, however, the tenants refuse to pay their rent or pay reduced rent to their landlords if they are Section 8 qualified. The former situation allows the receiver to evict them for non-payment, but the later presents a problem.

An article in the SunSentinel reported that the Willoughby Estates Homeowners Association in Lake Worth, Florida was presented with such a dilemna when it filed a receivership lawsuit and was faced with collecting rental income from a Section 8 tenant. The tenant was only paying $275.00 of the $1,784.00 in rent owed each month with the remainder subsidized by the county Housing Authority. Not a bad deal if you ask me! The association, however, had other plans and demanded that the Housing Authority forward the rent that it sent to the landlord each month. Interestingly, the Court agreed and required the Housing Authority to forward all future payments to the association until it was paid in full.Continue Reading Another Victory for Receiverships

Ultimate Katy has reported on a homeowners’ association (“HOA”) in Katy, Texas that has been hard hit by the association’s treasurer who allegedly misappropriated over $78,000 of association funds. Making matters worse, it is alleged that Anthony Geffert used the funds to pay Advantage Lifeguard Services (a company Geffert owns) for services that were never rendered to the Association. 

Other than the obvious conflict of interest that Geffert had relative to Advantage Lifeguard Services, which was hopefully disclosed and handled appropriately, this theft of funds could have been prevented by the Association taking the following steps:Continue Reading Protecting Your HOA from Theft of Funds

Wrong.

Yes, you are a member of a homeowners association. With that membership comes rights and responsibilities, such as the obligation to comply with the association’s governing documents and to pay assessments, and the right to select the people who will represent you on the Association’s Board of Directors.

It’s important to remember that as a member of an association, you are represented by the Board – you do not have the power as a member to act for the association.  Much like you’re represented in Congress by Mike Coffman or Diana DeGette, you are represented in your association by your Board members.  It is the Board’s obligation to take actions for the association.  Sometimes, these actions are different than the action you would’ve taken in the same position.

Your difference of opinion with your Board does not, however, give you the right to interfere with the association’s actions, taken through and approved by the Board.Continue Reading But I’m a Member! I’m Allowed to Stop That Contractor…Right?