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Subject: How to Disband Your HOA
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Author Messages
GlenL
(Ohio)

Posts:5491


08/25/2013 10:39 AM  
Viva the HOA - Long may they last.
I see you're still going with the baseless accusations.

Amin's battle cry: Facts? I ain't got no facts. I don't need no facts. I don't have to show you any stinking facts.

Studies show that 5 out of 4 people have problems with fractions
GlenL
(Ohio)

Posts:5491


08/25/2013 10:40 AM  
Yeah seven pages, lets go for eight.

Studies show that 5 out of 4 people have problems with fractions
AminB


Posts:0


08/26/2013 7:37 AM  
Posted By GlenL on 08/25/2013 10:40 AM
Yeah seven pages, lets go for eight.





I don't care if it becomes 70 pages. Your bogus thread should be exposed to all.
AminB


Posts:0


08/26/2013 7:46 AM  
Posted By GlenL on 08/25/2013 10:39 AM
Viva the HOA - Long may they last.
I see you're still going with the baseless accusations.

Amin's battle cry: Facts? I ain't got no facts. I don't need no facts. I don't have to show you any stinking facts.



Check the dictionary for the difference between accusation and suspicion. Speaking of suspicion, I do suspect that probably something or somebody in your own community , might have made you come up with this BS thread. Your thread is a warning to those who want to dig below the surface or have had it up to here with their HOA and want to disband it. There must have been a reason for you to write this sham article. May be you see the tide is turning against the HOAs and the good old days of turning phony insurance claims and getting kickbacks are over. I get news of embezzlement practically every week or month from around the country as to some board member or property manager working in conjunction with a board member(s)gets convicted and sent to prison. The recent cases in Texas , Nevada and Virginia come to mind. Getting worried ,Glen?
GlenL
(Ohio)

Posts:5491


08/26/2013 11:56 AM  
Getting worried ,Glen?

Not in the least. But thanks for keeping the thread active.

Viva the HOA - Long may they last.

Studies show that 5 out of 4 people have problems with fractions
AminB


Posts:0


08/26/2013 2:33 PM  
Posted By GlenL on 08/26/2013 11:56 AM
Getting worried ,Glen?

Not in the least. But thanks for keeping the thread active.

Viva the HOA - Long may they last.



You're not the least worried because there's nobody like me over there to start digging into the financials. You should see how its working in ours. For the first time somebody is digging through their stuff and they are worried sick.Just wait till an honest homeowner over there would want to externally audit your HOA or request your financials.

Keeping this thread active is good. People should read this bogus thread started by you. Its real funny. A "how to" full of scare tactics as to what would bad things would happen to you if you do disband it. This must be a first in "how to"s.
GlenL
(Ohio)

Posts:5491


08/26/2013 3:07 PM  
Thank you, I'm glad you found it informative. But it's not a bogus thread (there you go with the accusations again) as you called it but simply a response to an e-mail I received. Instead of answering it privately, I chose to post my response to show exactly how much work is required to disband an HOA. The fewer the amenities the easier it is. I know you're not a big one on facts but I was as factual as possible in my lay understanding in what is required to disband an HOA.

1. Vote to disband which depending on documents could require between 90 - 100% affirmative votes.

2. Get someone i.e. the city to assume responsibility for all common areas, rain water retention basin, pool, tennis court, private roads, parking areas, entrance marker etc. If they do, which is a big if, they will often make you part of a "Special Taxing District" which means you now pay your HOA fees to the city instead of having a say in how they are used. And any amenities if they survive would be open to the public.

3. Distribute any HOA funds, after all the bills are paid and dissolve the HOA corporation with the state.

4. Remove deed restrictions which could still be enforced by your neighbors in a court of law.

5. May or may not need the approval of the mortgage holder since you are modifying the conditions for which they approved the mortgage, which may or may not invalidate the mortgage.

Studies show that 5 out of 4 people have problems with fractions
JohnC46
(South Carolina)

Posts:11507


08/26/2013 3:22 PM  
Glenn

A bit of tough love here. While I appreciate your posts and information, might I suggest you not respond to the TX dickhead as he might just go away if not baited.

Thanks
TimB4
(Virginia)

Posts:17766


08/26/2013 8:22 PM  
John,

I doubt if Amin is going away anytime soon. Allow me to explain.

First let's try and summarize Amin's main issue:

It appears that Amin owns property in a condominium complex. After Hurricane Ike hit their development, it appears [and I am speculating on this] that some homeowners spent their own money to repair some things that were the responsibility of the Association (perhaps framing or drywall) but that the Association couldn't afford to repair until they received funds from FEMA. Once those funds were received, 9 members submitted claims to be reimbursed. Of those 9 claims, 6 of them were Board members or friends of board members. Additionally, one of the members who was reimbursed owns a unit in the same building Amin owns his unit and, per admin, that building received no damage. Knowing this along with the fact that some of the claims submitted to the Association didn't have detailed receipts when asking for reimbursement led Amin on his quest to determine if the Association paid claims to member that they shouldn't have.

In this quest, Amin came upon this site and asked for advice.

Amin has made 142 posts so far. His first post was on July 17.

In addition to this thread, he has posted in three other threads:

Subject: Uncollected maintenance fees started by Amin on 7/17
Subject: External audit started by Amin on 7/26
Subject: Tiring of the Mike and Jon Contest where he made a single postin


Amin's initial postings were responsive and he was grateful for the information provided. As people asked further questions, Amin's responses became defensive and then simply went into name calling.

As a Review, Amin has asked for the following:

Uncollected Maintenance Fees for 2008 and 2009
Copies of all checks received for damage from Hurricane Ike
Budget Summaries (budgeted vs. actual) for 2009 and 2010
Auditors Reports for 2009 and 2010
Associations Tax Returns for 2009 and 2010
Copies of 1099's submitted to the IRS

He had an attorney send a letter asking for release of this information and the Association's attorney said it was privileged (personally I do think that the 1099's would be but not the rest).

His Association has made the offer for him to come in and view the documents but Amin has concerns of doing this alone. Therefore, he has chosen not to do this and apparently has also chosen not to send anyone else to act as his agent (as allowed by TX law) to inspect the records.

Amin said he Suspects Fraud because:

1) Checks for Damage by Ike were made out to Board members or Friends of Board members who, in Amin's opinion, didn't suffer any damage or less damage than claimed.
2) The fact that his Association (like most Associations) use general proxies vs. directed proxies.
3) The fact that the Board casts proxies assigned to them toward their own reelection.
4) That his Association refuses to provide basic financial information (like the amount of uncollected maintenance fees).
5) The fact that many Board members, after being reimbursed, purchased new vehicles.

Amin also appears to be annoyed at the cost for copies of the things he is requesting (50 cents per page) which the MC keeps. However, he says that he has hired (or has lined up for hire) a forensic accountant which he will pay for on his own.

Amin's questions have remained pretty much the same. From the initial "Is there anything in the charter of a non-profit corporation that would compel them to release this information to a member upon request? " to what it has become: Do you see any good reason why I am not allowed to view the following documents from my HOA? Financial Statements with Actual vs. Budget Comparison for 2009 and 2010 [and] Reports by auditors who reviewed the Financial Statements for 2009 and 2010"

Out of 142 posts,

Amin has asked his questions 55 times.

Amin has had his questions answered 23 times.
It should be noted that the crux of all of those answers were the same:
1) He legally has a right to most of the documents he asked for.
2) There is no good reason for the Board to deny him access to documents he is allowed to see (specifically the budget summaries and total amounts of uncollected assessments).
3) To our knowledge, there is no outside government agency in TX to file a complaint with to force the board to comply with the request (except the courts).
4) He should take the Association up on their offer and either go personally or send a representative (perhaps his accountant) to view what records the Association is willing to share (even if they are not everything he wants to look at).
5) Nobody is defending his Association for not providing those documents (they should provide them).
6) If the Association isn't giving you the documents and it's that important to you then take them to court.

Amin has chosen to insult (minor insults) individuals 44 times but to be fair, Amin has also received individual insults from posters.


Amin has said that he continues to post because:
1) "I have already told you that advice from board members is useless to me"
2) "I am on this site to get experience from honest homeowners that have been through similar situation"
3) "bogus thread should be exposed to all"


By the way, Amin also said " I have already told you that I know that lawsuit is my only resort to get to the bottom of this."

John, Since Amin already knows his options and believes that the advice he has received is useless to him but believes bogus threads like this one should be exposed to all, I seriously doubt Amin is going away regardless if he is ignored or not.

Hopefully this summary, verifiable by anyone who wishes to do the research I did, will aid in exposing such bogus threads.

MelissaP1
(Alabama)

Posts:10521


08/26/2013 9:51 PM  
Thanks Tim for the research and summing it up. Just wanted to clarify one thing. After 3 pages, it was revealed that it was never a FEMA claim at all. It was an HOA insurance claim. It was $150K and split between both board members and other members. One board member in particular had a check for $4K but showed a copy of a check at some point several times that amount. So they were indeed showed a copy of that check overall. They were also made a request for that information but discovered the envelop to have been "tampered" with by the MC before it got to them. However, the envelop would have been addressed to the MC and thus due to FEDERAL law, ONLY the addressee may open that mail. This made it too suspicious and untrustworthy to Amin to not trust their HOA in providing the accurate or the documents of their request.

We are here to help people as we are both homeowners and board members in HOA's. You ask for advice we are going to give it. Don't like it, do not take it. That simple. No need for insults or keep asking the same question over and over again expecting a different answer. So keep Tim's post in mind whenever you see responses to know we have tried and we have tried to understand. It's just pointless now because it's all in Amin's hands to take action. NOT OURS.

Former HOA President
FrankS10
(Kansas)

Posts:276


08/27/2013 5:21 AM  
Does this thread remind anyone else of the movie 'Groundhog Day'?
AminB


Posts:0


08/27/2013 7:22 AM  
Posted By GlenL on 08/26/2013 3:07 PM
Thank you, I'm glad you found it informative. But it's not a bogus thread (there you go with the accusations again) as you called it but simply a response to an e-mail I received. Instead of answering it privately, I chose to post my response to show exactly how much work is required to disband an HOA. The fewer the amenities the easier it is. I know you're not a big one on facts but I was as factual as possible in my lay understanding in what is required to disband an HOA.

1. Vote to disband which depending on documents could require between 90 - 100% affirmative votes.

2. Get someone i.e. the city to assume responsibility for all common areas, rain water retention basin, pool, tennis court, private roads, parking areas, entrance marker etc. If they do, which is a big if, they will often make you part of a "Special Taxing District" which means you now pay your HOA fees to the city instead of having a say in how they are used. And any amenities if they survive would be open to the public.

3. Distribute any HOA funds, after all the bills are paid and dissolve the HOA corporation with the state.

4. Remove deed restrictions which could still be enforced by your neighbors in a court of law.

5. May or may not need the approval of the mortgage holder since you are modifying the conditions for which they approved the mortgage, which may or may not invalidate the mortgage.




Your article is not informative. It is deceptive. This is not a "how to". It is a "don't do it or all these horrible things would happen to you". You're not factual. You're bogus article does not offer any help but warns of fighting your neighbors in court and selling your pool. How can somebody who makes a living in HOA ( the usual stuff, like getting kickbacks and more ) be expected to offer honest advice as how to disband an HOA?
AminB


Posts:0


08/27/2013 7:24 AM  
Posted By JohnC46 on 08/26/2013 3:22 PM
Glenn

A bit of tough love here. While I appreciate your posts and information, might I suggest you not respond to the TX dickhead as he might just go away if not baited.

Thanks



I called you not a man for not being able to express your opinion one way or another and then you use the word "dick". Funny how you and dick go together. I was right wasn't I? You have an affinity for it, don't you?
FrankS10
(Kansas)

Posts:276


08/27/2013 7:33 AM  
Just wondering since the NSA is in the news so much recently, what do you think they do when they come across threads like this? LOL! I bet Amin is on a watch list already Those guys are probably entertained so much it is putting our national security at risk!

I have another idea, when we capture potential terrorists, we don't need to waterboard them any more-just let them read this thread and have a one on one with Amin.
AminB


Posts:0


08/27/2013 7:39 AM  
Posted By MelissaP1 on 08/26/2013 9:51 PM
Thanks Tim for the research and summing it up. Just wanted to clarify one thing. After 3 pages, it was revealed that it was never a FEMA claim at all. It was an HOA insurance claim. It was $150K and split between both board members and other members. One board member in particular had a check for $4K but showed a copy of a check at some point several times that amount. So they were indeed showed a copy of that check overall. They were also made a request for that information but discovered the envelop to have been "tampered" with by the MC before it got to them. However, the envelop would have been addressed to the MC and thus due to FEDERAL law, ONLY the addressee may open that mail. This made it too suspicious and untrustworthy to Amin to not trust their HOA in providing the accurate or the documents of their request.

We are here to help people as we are both homeowners and board members in HOA's. You ask for advice we are going to give it. Don't like it, do not take it. That simple. No need for insults or keep asking the same question over and over again expecting a different answer. So keep Tim's post in mind whenever you see responses to know we have tried and we have tried to understand. It's just pointless now because it's all in Amin's hands to take action. NOT OURS.




You're not here to help people. You're here to preserve the power of HOAs over ordinary people and keep this power unchecked. You like to be left alone doing the usual stuff board members do in private, like getting kickbacks, submitting phony claims, etc. What made the envelope suspicious was that they went through it and then handed it over to me. If they had nothing to hide why didn't they just give it to me? I will take action but I have explained that many times , haven't I? I have explained that I am here to get any last advice from here, but all I get is people like you trying to dissuade me from going after HOAs. What happened to your post saying that there was no HOA fraud here?
Thats right, I read your advice , it didn't help me at all and didn't take it.
AminB


Posts:0


08/27/2013 7:45 AM  
Posted By FrankS10 on 08/27/2013 7:33 AM
Just wondering since the NSA is in the news so much recently, what do you think they do when they come across threads like this? LOL! I bet Amin is on a watch list already Those guys are probably entertained so much it is putting our national security at risk!

I have another idea, when we capture potential terrorists, we don't need to waterboard them any more-just let them read this thread and have a one on one with Amin.




I knew one of you shysters would start that. If I hadn't been honest and put a different name in here, you fraudster would have never written that. In short you didn't have any answer. Just don't like it when somebody wants to get to the truth. I think people should read this stupid post of yours and complain to proper authorities about this website for discrimination.Looks like discrimination is the rule of the day at Hoatalk.com. Can't answer him, then discount what he says on the basis of his name. As I have said before, with board members honesty has no meaning.
AminB


Posts:0


08/27/2013 7:46 AM  
Posted By FrankS10 on 08/27/2013 5:21 AM
Does this thread remind anyone else of the movie 'Groundhog Day'?



Only if you keep reading it and can't answer it.
AminB


Posts:0


08/27/2013 8:01 AM  
Posted By TimB4 on 08/26/2013 8:22 PM
John,

I doubt if Amin is going away anytime soon. Allow me to explain.

First let's try and summarize Amin's main issue:

It appears that Amin owns property in a condominium complex. After Hurricane Ike hit their development, it appears [and I am speculating on this] that some homeowners spent their own money to repair some things that were the responsibility of the Association (perhaps framing or drywall) but that the Association couldn't afford to repair until they received funds from FEMA. Once those funds were received, 9 members submitted claims to be reimbursed. Of those 9 claims, 6 of them were Board members or friends of board members. Additionally, one of the members who was reimbursed owns a unit in the same building Amin owns his unit and, per admin, that building received no damage. Knowing this along with the fact that some of the claims submitted to the Association didn't have detailed receipts when asking for reimbursement led Amin on his quest to determine if the Association paid claims to member that they shouldn't have.

In this quest, Amin came upon this site and asked for advice.

Amin has made 142 posts so far. His first post was on July 17.

In addition to this thread, he has posted in three other threads:

Subject: Uncollected maintenance fees started by Amin on 7/17
Subject: External audit started by Amin on 7/26
Subject: Tiring of the Mike and Jon Contest where he made a single postin


Amin's initial postings were responsive and he was grateful for the information provided. As people asked further questions, Amin's responses became defensive and then simply went into name calling.

As a Review, Amin has asked for the following:

Uncollected Maintenance Fees for 2008 and 2009
Copies of all checks received for damage from Hurricane Ike
Budget Summaries (budgeted vs. actual) for 2009 and 2010
Auditors Reports for 2009 and 2010
Associations Tax Returns for 2009 and 2010
Copies of 1099's submitted to the IRS

He had an attorney send a letter asking for release of this information and the Association's attorney said it was privileged (personally I do think that the 1099's would be but not the rest).

His Association has made the offer for him to come in and view the documents but Amin has concerns of doing this alone. Therefore, he has chosen not to do this and apparently has also chosen not to send anyone else to act as his agent (as allowed by TX law) to inspect the records.

Amin said he Suspects Fraud because:

1) Checks for Damage by Ike were made out to Board members or Friends of Board members who, in Amin's opinion, didn't suffer any damage or less damage than claimed.
2) The fact that his Association (like most Associations) use general proxies vs. directed proxies.
3) The fact that the Board casts proxies assigned to them toward their own reelection.
4) That his Association refuses to provide basic financial information (like the amount of uncollected maintenance fees).
5) The fact that many Board members, after being reimbursed, purchased new vehicles.

Amin also appears to be annoyed at the cost for copies of the things he is requesting (50 cents per page) which the MC keeps. However, he says that he has hired (or has lined up for hire) a forensic accountant which he will pay for on his own.

Amin's questions have remained pretty much the same. From the initial "Is there anything in the charter of a non-profit corporation that would compel them to release this information to a member upon request? " to what it has become: Do you see any good reason why I am not allowed to view the following documents from my HOA? Financial Statements with Actual vs. Budget Comparison for 2009 and 2010 [and] Reports by auditors who reviewed the Financial Statements for 2009 and 2010"

Out of 142 posts,

Amin has asked his questions 55 times.

Amin has had his questions answered 23 times.
It should be noted that the crux of all of those answers were the same:
1) He legally has a right to most of the documents he asked for.
2) There is no good reason for the Board to deny him access to documents he is allowed to see (specifically the budget summaries and total amounts of uncollected assessments).
3) To our knowledge, there is no outside government agency in TX to file a complaint with to force the board to comply with the request (except the courts).
4) He should take the Association up on their offer and either go personally or send a representative (perhaps his accountant) to view what records the Association is willing to share (even if they are not everything he wants to look at).
5) Nobody is defending his Association for not providing those documents (they should provide them).
6) If the Association isn't giving you the documents and it's that important to you then take them to court.

Amin has chosen to insult (minor insults) individuals 44 times but to be fair, Amin has also received individual insults from posters.


Amin has said that he continues to post because:
1) "I have already told you that advice from board members is useless to me"
2) "I am on this site to get experience from honest homeowners that have been through similar situation"
3) "bogus thread should be exposed to all"


By the way, Amin also said " I have already told you that I know that lawsuit is my only resort to get to the bottom of this."

John, Since Amin already knows his options and believes that the advice he has received is useless to him but believes bogus threads like this one should be exposed to all, I seriously doubt Amin is going away regardless if he is ignored or not.

Hopefully this summary, verifiable by anyone who wishes to do the research I did, will aid in exposing such bogus threads.





How come you didn't tabulate the insults I have received?
You're just another board member trying to stop me from going after your HOA industry which obviously you make so much money that like gang members or a pack of wolves attack. Its always the same characters who see their interest threatened and worry about the future. After all, how people like you who probably are unemployable make a living it wasn't for kickbacks from contractors or other illegal activities that obviously you are concerned that they be discovered if the state legislatures all over the country are reigning on you fraudsters?
I said I am here to get advice mostly from homeowners who have been in the same situation. All I have gotten, is there is no fraud, or HOAs never commit fraud or do anything else other than prosecuting them. I have started getting documents that I could and I will take proper action in the coming weeks. Just can't let a bogus answer or thread go unanswered here. What if another honest homeowner tries to go through financial documents and stumbles on this website and the same pack of wolves attack? The poor guy might give up as you made Mike give up.
TimB4
(Virginia)

Posts:17766


08/27/2013 8:53 AM  
Posted By AminB on 08/27/2013 8:01 AM

How come you didn't tabulate the insults I have received?




I didn't think about it at the time. As I was reading the threads I discovered that you were also being insulted. However, by the time I started seeing that, I had already spent far far too much of my time on the post.

I've provided links to all the threads you have posted in. Feel free to tabulate them.


Posted By AminB on 08/27/2013 8:01 AM

You're just another board member trying to stop me from going after your HOA industry which obviously you make so much money that like gang members or a pack of wolves attack.




You are free to go after the HOA industry. Personally, I don't like that industry either.

Do you have a suggest method of going after them?

Posted By AminB on 08/27/2013 8:01 AM

After all, how people like you who probably are unemployable make a living it wasn't for kickbacks from contractors or other illegal activities that obviously you are concerned that they be discovered if the state legislatures all over the country are reigning on you fraudsters?




Actually, I make a fairly decent living from my employer.
I volunteer over 40 hours a month to my Association and receive no kickbacks or salary.

Virginia actually has some very stringent laws. They also have an ombudsman that members may file a complaint with if the member believes any decision, action or inaction is not in compliance with Virginia law. Here are the links if you are interested (perhaps you can lobby your legislature to pass similar laws):

Virginia Property Owners' Association Act
Virginia Condominium Act
Virginia Nonstock Corporation Act
Common Interest Community Ombudsman Regulations
Office of the Common Interest Community Ombudsman website


Posted By AminB on 08/27/2013 8:01 AM

I said I am here to get advice mostly from homeowners who have been in the same situation.




Well we are all homeowners.
Some likely have had to jump through hoops to obtain information.
So far, none have responded that had potential fraudulent payouts due to Hurricane Damage.

You may want to also look at other sites or ask for help from exclusivly TX web sites (as they will be more knowledgeable of applicable TX laws). Here are a couple I found from a simple internet seach that may interest you:

HOA/POA HomeOwner Associations News, Laws, Information, & Discussions
Texas Homeowners for HOA Reform, Inc.

Please note that I have no idea if those sites are good or bad. I just pulled them from an internet search.


Posted By AminB on 08/27/2013 8:01 AM

All I have gotten, is there is no fraud, or HOAs never commit fraud or do anything else other than prosecuting them.




That's not a true statement. You did have one or two posters imply that it might not be fraud. However, there weren't that many postings of them.

By my count over the four threads, your questions were answered a total of 23 times in varying ways (I only counted the ones that specifically answered your questions). You have even stated that you will likely need to file legal action to obtain what you are seeking.

It has been suggested that, since it was offered by the Association, before you file for legal action that you either go yourself or send someone on your behalf to look at what records the Association is willing to offer you. I suspect your attorney would provide you with that same advice.


Posted By AminB on 08/27/2013 8:01 AM

Just can't let a bogus answer or thread go unanswered here.




I think many will agree with that statement. We just can't let bogus answers happen without clarification. This is part of the reason why I had posted a summary of your issue and provided links where that summary can be independently verified. Hopefully it will clear out some of the bogus answers.

Posted By AminB on 08/27/2013 8:01 AM

What if another honest homeowner tries to go through financial documents and stumbles on this website and the same pack of wolves attack?




I suspect that if another homeowner came to this site and asked for advice that they would receive advice and opinions. This was done with you as well.

Granted, not all the responses you received were helpful or directly answering your specific questions. This occurs whenever anyone asks for advice as that is human nature. It would be nice if it didn't happen but it does. I suspect that this may be the case with others who ask advice as well. It be great if that didn't happen but we all have our own personalities and methods of expression. The best we can do is provide the poster with enough information so they can make an informed decision. It's up to the person asking the question to decide if they will use some, all or none of the advice offered.


Posted By AminB on 08/27/2013 8:01 AM

The poor guy might give up as you made Mike give up.




Actually, we have no solid evidence that Mike has given up.

Perhaps he was embarrassed that he didn't make the changes he thought he would.
Perhaps he just wants to go on living his life without discussing the issue anymore.
Perhaps he is simply too busy building his airplane hanger.

Based on his many posts, I'm confident in my mind that Mike didn't just give up.
AminB


Posts:0


08/27/2013 10:18 AM  
Posted By TimB4 on 08/27/2013 8:53 AM
Posted By AminB on 08/27/2013 8:01 AM

How come you didn't tabulate the insults I have received?




I didn't think about it at the time. As I was reading the threads I discovered that you were also being insulted. However, by the time I started seeing that, I had already spent far far too much of my time on the post.

I've provided links to all the threads you have posted in. Feel free to tabulate them.


Posted By AminB on 08/27/2013 8:01 AM

You're just another board member trying to stop me from going after your HOA industry which obviously you make so much money that like gang members or a pack of wolves attack.




You are free to go after the HOA industry. Personally, I don't like that industry either.

Do you have a suggest method of going after them?

Posted By AminB on 08/27/2013 8:01 AM

After all, how people like you who probably are unemployable make a living it wasn't for kickbacks from contractors or other illegal activities that obviously you are concerned that they be discovered if the state legislatures all over the country are reigning on you fraudsters?




Actually, I make a fairly decent living from my employer.
I volunteer over 40 hours a month to my Association and receive no kickbacks or salary.

Virginia actually has some very stringent laws. They also have an ombudsman that members may file a complaint with if the member believes any decision, action or inaction is not in compliance with Virginia law. Here are the links if you are interested (perhaps you can lobby your legislature to pass similar laws):

Virginia Property Owners' Association Act
Virginia Condominium Act
Virginia Nonstock Corporation Act
Common Interest Community Ombudsman Regulations
Office of the Common Interest Community Ombudsman website


Posted By AminB on 08/27/2013 8:01 AM

I said I am here to get advice mostly from homeowners who have been in the same situation.




Well we are all homeowners.
Some likely have had to jump through hoops to obtain information.
So far, none have responded that had potential fraudulent payouts due to Hurricane Damage.

You may want to also look at other sites or ask for help from exclusivly TX web sites (as they will be more knowledgeable of applicable TX laws). Here are a couple I found from a simple internet seach that may interest you:

HOA/POA HomeOwner Associations News, Laws, Information, & Discussions
Texas Homeowners for HOA Reform, Inc.

Please note that I have no idea if those sites are good or bad. I just pulled them from an internet search.


Posted By AminB on 08/27/2013 8:01 AM

All I have gotten, is there is no fraud, or HOAs never commit fraud or do anything else other than prosecuting them.




That's not a true statement. You did have one or two posters imply that it might not be fraud. However, there weren't that many postings of them.

By my count over the four threads, your questions were answered a total of 23 times in varying ways (I only counted the ones that specifically answered your questions). You have even stated that you will likely need to file legal action to obtain what you are seeking.

It has been suggested that, since it was offered by the Association, before you file for legal action that you either go yourself or send someone on your behalf to look at what records the Association is willing to offer you. I suspect your attorney would provide you with that same advice.


Posted By AminB on 08/27/2013 8:01 AM

Just can't let a bogus answer or thread go unanswered here.




I think many will agree with that statement. We just can't let bogus answers happen without clarification. This is part of the reason why I had posted a summary of your issue and provided links where that summary can be independently verified. Hopefully it will clear out some of the bogus answers.

Posted By AminB on 08/27/2013 8:01 AM

What if another honest homeowner tries to go through financial documents and stumbles on this website and the same pack of wolves attack?




I suspect that if another homeowner came to this site and asked for advice that they would receive advice and opinions. This was done with you as well.

Granted, not all the responses you received were helpful or directly answering your specific questions. This occurs whenever anyone asks for advice as that is human nature. It would be nice if it didn't happen but it does. I suspect that this may be the case with others who ask advice as well. It be great if that didn't happen but we all have our own personalities and methods of expression. The best we can do is provide the poster with enough information so they can make an informed decision. It's up to the person asking the question to decide if they will use some, all or none of the advice offered.


Posted By AminB on 08/27/2013 8:01 AM

The poor guy might give up as you made Mike give up.




Actually, we have no solid evidence that Mike has given up.

Perhaps he was embarrassed that he didn't make the changes he thought he would.
Perhaps he just wants to go on living his life without discussing the issue anymore.
Perhaps he is simply too busy building his airplane hanger.

Based on his many posts, I'm confident in my mind that Mike didn't just give up.





Ofcourse you didn't think about it at the time. After all, you were just worried your buddies were getting insulted. I did not insult anybody until I got insulted and then I returned the insult. I was insulted early on and you just kept reading through the posts and only tabulated what you were looking for. This statement coming from a board member
is hard to believe. I don't know any of you. You might be somebody who makes a living, but board members are usually old retired people who have found a way to deal with contractors and make some extra cash, or submit phony insurance claims or other illegal activities. Some may do honest work and just volunteer. With all the circumstances that I have put here , people who tried to dissuade me, did not seem honest to me and fit the mold that we have here. May be the laws in Virginia gives more access but still you failed to show I can do anything else other than filing a lawsuit, which means if I was in VA I would have had to do the same thing. There is no accounting when many people live under HOAs dealing with little dictators and have to file a lawsuit to get their documents that they paid for to be created. People who come to this website and want to know how to find out what happened to their money and HOA financial issues, will not get any answer other than file a lawsuit. May be there isn't one, but that was why I came here, thinking there could be more or may be there are ways around it , hoping to hear from honest homeowners in the same situation. Not all responses were helpful? Need to be honest here. 99% were not helpful.
The reasons given for Mike, don't be too confident. The first two you mentioned could be a result of gang members attacking him and make him go away and making him think there are no real solutions to his problem which is the goal of gang (board) members here.The third one could be his business and also as a result of not getting any help here. I give you another reason. May be he found out this place is crawling with pack of wolves and shouldn't expect any help on this site and could be pursuing his HOA problems with his attorney.


GlenL
(Ohio)

Posts:5491


08/27/2013 11:16 AM  
Amin if you suspect insurance fraud which is a crime, why haven't you reported it to the insurance company? They have investigators on staff and go after fraud with a vengeance.

As to paying for financial documents you paid to have created through your assessments are you talking about copies? Because while I think $.50 a copy is outrageous, they are entitled to recoup their costs.

As to taking them to court if they are not fulfilling some part of the contract or state statute, that is because it is a civil matter. The same as if you have a complaint against any other business or entity, unless they have somehow violated a criminal code, you need to sue them in civil court.

Studies show that 5 out of 4 people have problems with fractions
JohnC46
(South Carolina)

Posts:11507


08/27/2013 12:19 PM  
People

I beseech you. Stop feeding him.

Thanks
AminB


Posts:0


08/27/2013 12:34 PM  
Posted By JohnC46 on 08/27/2013 12:19 PM
People

I beseech you. Stop feeding him.

Thanks



Look who is feeding . I think you've got some sexual hangups and coming here try to give "advice" to honest homeowners.

Why don't you try to answer questions I asked you, you jellyfish.
AminB


Posts:0


08/27/2013 12:42 PM  
Posted By GlenL on 08/27/2013 11:16 AM
Amin if you suspect insurance fraud which is a crime, why haven't you reported it to the insurance company? They have investigators on staff and go after fraud with a vengeance.

As to paying for financial documents you paid to have created through your assessments are you talking about copies? Because while I think $.50 a copy is outrageous, they are entitled to recoup their costs.

As to taking them to court if they are not fulfilling some part of the contract or state statute, that is because it is a civil matter. The same as if you have a complaint against any other business or entity, unless they have somehow violated a criminal code, you need to sue them in civil court.





They don't go after it with a vengeance specially if its for natural disasters. Thats when they become generous and will write checks to any shyster board member who would ask for money. I will explore along with their other documents with my attorney. Speaking of attorneys and also CPAs, for the millionth time probably literally here, I am not worried about 50 cents or a dime or money that size. I can assure you just the cost of hiring attorneys and CPAs is a few more thousands over that.
Suing them looks like the only option remaining which I have suspected all along. As I said I am here just to see if there are other options from homeowners being in a similar situation. Seems like nobody gets my purpose.
ValerieS2
(Michigan)

Posts:244


08/27/2013 1:49 PM  
People

I beseech you. Stop feeding him.

Thanks

John you are keeping the thread going as much as anyone.
GnomeX
(Washington)

Posts:253


08/27/2013 2:40 PM  
We used to get people like this at meetings and they would drag on for hours with the Board trying to defend against baseless slander. They always pop out with insane conspiracy theory laden accusations. I am not exaggerating either. I am evidently an agent of the "New World Order" according to one homeowner here.

What did we do to stop it? We just ignored them, their accusations, their questions, and move on to the sane homeowners. If they start acting hostile we call in the sheriff and have them removed.

So Valerie is right. People like this marginalize themselves with their insanity. They literally "feed" on "creating conflict" with lies, distortions, and baseless accusations. They want to use your own words against you. Anything you say is distorted and turned back against you.

Ignore them and most of the time they just go away. When they don't go away on their own, sometimes you have to just remove them from the equation.

SharonH9


Posts:0


08/27/2013 3:22 PM  
Posted By GnomeX on 08/27/2013 2:40 PM
We used to get people like this at meetings and they would drag on for hours with the Board trying to defend against baseless slander. They always pop out with insane conspiracy theory laden accusations. I am not exaggerating either. I am evidently an agent of the "New World Order" according to one homeowner here.

What did we do to stop it? We just ignored them, their accusations, their questions, and move on to the sane homeowners. If they start acting hostile we call in the sheriff and have them removed.

So Valerie is right. People like this marginalize themselves with their insanity. They literally "feed" on "creating conflict" with lies, distortions, and baseless accusations. They want to use your own words against you. Anything you say is distorted and turned back against you.

Ignore them and most of the time they just go away. When they don't go away on their own, sometimes you have to just remove them from the equation.




How dare those low-income, uneducated neighbors question you. Just ignore them or call the sheriff on them and they will go away. Just how do you remove them from the equation? No wonder you have problems getting people to pay. Members do have a right to ask questions. One might get hostile if the attitude you portray on this site is the attitude you display with your neighbors. Just saying maybe an attitude change will get you more results.
TimB4
(Virginia)

Posts:17766


08/27/2013 4:09 PM  
Posted By AminB on 08/27/2013 10:18 AM

May be the laws in Virginia gives more access but still you failed to show I can do anything else other than filing a lawsuit, which means if I was in VA I would have had to do the same thing.




That is an untrue statement.
Obviously you didn't take the time to look at any of the links to VA laws I provided.
Since access to documents is part of VA laws, IF you lived in Virginia, you could have filed a claim with the Ombudsmans Office. Once filed, the Association would have to prove that they are in compliance or risk fines.

You chose to live in TX and are thereby limited in options by the applicable TX laws.


Posted By AminB on 08/27/2013 10:18 AM

Not all responses were helpful? Need to be honest here. 99% were not helpful.




I'm sure that this is something you believe.
I'm also sure that there isn't anyone on this site that will be able to change that opinion.
Everyone has to make up their own mind.


Posted By AminB on 08/27/2013 10:18 AM

The reasons given for Mike, don't be too confident. The first two you mentioned could be a result of gang members attacking him and make him go away and making him think there are no real solutions to his problem which is the goal of gang (board) members here.The third one could be his business and also as a result of not getting any help here. I give you another reason. May be he found out this place is crawling with pack of wolves and shouldn't expect any help on this site and could be pursuing his HOA problems with his attorney.




It's obvious that you must know Mike far better than I.

If you recall, Mike was acting as his own attorney and actually had already initiated legal action and was already in the appeal process prior to seeking advice from this forum. Had he located this forum and asked for advice prior to initiating legal action, perhaps we could have been of more assistance.

Based on what you have posted, it appears that your Association has positioned itself so the next move is yours. Although you appeared grateful for my opinion and advice in your earlier postings, I'm sorry I couldn't have been more helpful. I wish you luck in resolving your issue.

GnomeX
(Washington)

Posts:253


08/27/2013 4:29 PM  
Posted By SharonH9 on 08/27/2013 3:22 PM
Posted By GnomeX on 08/27/2013 2:40 PM
We used to get people like this at meetings and they would drag on for hours with the Board trying to defend against baseless slander. They always pop out with insane conspiracy theory laden accusations. I am not exaggerating either. I am evidently an agent of the "New World Order" according to one homeowner here.

What did we do to stop it? We just ignored them, their accusations, their questions, and move on to the sane homeowners. If they start acting hostile we call in the sheriff and have them removed.

So Valerie is right. People like this marginalize themselves with their insanity. They literally "feed" on "creating conflict" with lies, distortions, and baseless accusations. They want to use your own words against you. Anything you say is distorted and turned back against you.

Ignore them and most of the time they just go away. When they don't go away on their own, sometimes you have to just remove them from the equation.




How dare those low-income, uneducated neighbors question you. Just ignore them or call the sheriff on them and they will go away. Just how do you remove them from the equation? No wonder you have problems getting people to pay. Members do have a right to ask questions. One might get hostile if the attitude you portray on this site is the attitude you display with your neighbors. Just saying maybe an attitude change will get you more results.





I have been falsely accused of everything from theft to being some secret agent of some ridiculous conspiracy New World Oder. I used to put up with it and give people the benefit of the doubt. No more.

I have had an attitude change and it's working. Putting up with idiots is no longer on the table. They start yelling at meetings and being disruptive to where we cannot even conduct business, they get to visit our County Sheriff. We also don't put up with deadbeats any longer. We are now taking a zero tolerance policy and anyone not paying is getting liens and foreclosed on.

And guess what... It is working... Revenue up 49% from this time last year...

We tried the carrot. It didn't work. The stick seems to be far more effective.
GnomeX
(Washington)

Posts:253


08/27/2013 4:47 PM  
It is called respect. You get back what you give to the world. Do not mistake me. We do address legitimate questions and concerns from CIVIL and INTELLIGENT homeowners.

But if some fool wants to come into the office or to a meeting yelling at the top of their lungs where business cannot be conducted, you WILL get dealt with by local law enforcement.

Gloves are off for these people.

Just 2 weeks ago the New World Order conspiracy guy comes into the office (all on tape by the way) where he is making implied threats and the office temp is LITERALLY shaking in fear, then when you are locked in a cage for your threats and incivility then you only have yourself to blame.

SharonH9


Posts:0


08/27/2013 4:50 PM  
Posted By GnomeX on 08/27/2013 4:29 PM
Posted By SharonH9 on 08/27/2013 3:22 PM
Posted By GnomeX on 08/27/2013 2:40 PM
We used to get people like this at meetings and they would drag on for hours with the Board trying to defend against baseless slander. They always pop out with insane conspiracy theory laden accusations. I am not exaggerating either. I am evidently an agent of the "New World Order" according to one homeowner here.

What did we do to stop it? We just ignored them, their accusations, their questions, and move on to the sane homeowners. If they start acting hostile we call in the sheriff and have them removed.

So Valerie is right. People like this marginalize themselves with their insanity. They literally "feed" on "creating conflict" with lies, distortions, and baseless accusations. They want to use your own words against you. Anything you say is distorted and turned back against you.

Ignore them and most of the time they just go away. When they don't go away on their own, sometimes you have to just remove them from the equation.




How dare those low-income, uneducated neighbors question you. Just ignore them or call the sheriff on them and they will go away. Just how do you remove them from the equation? No wonder you have problems getting people to pay. Members do have a right to ask questions. One might get hostile if the attitude you portray on this site is the attitude you display with your neighbors. Just saying maybe an attitude change will get you more results.





I have been falsely accused of everything from theft to being some secret agent of some ridiculous conspiracy New World Oder. I used to put up with it and give people the benefit of the doubt. No more.

I have had an attitude change and it's working. Putting up with idiots is no longer on the table. They start yelling at meetings and being disruptive to where we cannot even conduct business, they get to visit our County Sheriff. We also don't put up with deadbeats any longer. We are now taking a zero tolerance policy and anyone not paying is getting liens and foreclosed on.

And guess what... It is working... Revenue up 49% from this time last year...

We tried the carrot. It didn't work. The stick seems to be far more effective.



I too have been falsely accused of things like trespassing, lying, and being a malicious person and that I set out to defraud the association. So you see it depends on your perspective. I have been approached by 3 board members who stated they were on my side to have them behave in a totally different manner in the presence of the other board members. I pleaded with the board to sit down and discuss our issues face to face multiple times but they just ignored me.

So you have been successful in getting your revenues up 49%. Good for you. That's great. I hope you are getting a lot of satisfaction in putting those uneducated, low-income morons in their place.
GnomeX
(Washington)

Posts:253


08/27/2013 5:27 PM  
Posted By SharonH9 on 08/27/2013 4:50 PM

So you have been successful in getting your revenues up 49%. Good for you. That's great. I hope you are getting a lot of satisfaction in putting those uneducated, low-income morons in their place.



Satisfaction? I would much rather be out fishing and hiking this summer.

However I understood that if action was not taken against those that refuse to pay, then the association would fail and our private roads would not be maintained. The fantasy of the County taking over our rural roads is just that... A fantasy...

Living in a mountain community, the idiots not paying will be the first to complain when they cannot even leave their homes after a severe snow storm. ALL OF US face being landlocked in the winter should the association fail. And We WERE facing failure at the hands of deadbeat fools that refuse to pay until I started aggressively pursuing actions against them.

I personally gave them "a carrot". I setup payment plans so those in arrears would stop accruing late fees.

For those that still want to starve the association of funds and refuse paying and refuse getting on a payment plan, they get the stick followed by the reality hammer. They are going to be liened and LOSE THEIR HOMES via foreclosure.

The educated and the intelligent understand this. The uneducated morons do not. Sometimes one has to step up and do what is politically unpopular in order to save idiots from themselves.

JonD1


Posts:0


08/27/2013 5:30 PM  
So you have been successful in getting your revenues up 49%. Good for you. That's great. I hope you are getting a lot of satisfaction in putting those uneducated, low-income morons in their place.




So Sharon, as it appears you have found fault with this policy just what would you have done?

You know when folks come to the meetings and yell and scream and disrupt the meetings?

Or how about when folks decide everyone else pays but them? Is that fair to those who pay each month? I thought the Board members had a duty to act in the best interest of the owners those being the ones paying their fair share not the deadbeats.

Sounds to me like you hold the belief there are in fact no uneducated, low-income morons in existence. My guess there just might be.

How do you operate a property when people disrupt meetings?

How do you pay the property's bills when folks decide they have more
important things to cover?

Sounds to me like a 49% increase in revenues would be a GOOD thing.
Not for you though. Better to sit back, let things slid, and make sure everyone feels good about themselves?

Yes their are uneducated folks who live above their means and expect others to pay their way.

And yes there are folks who are uneducated, who buy into a property without having any understanding that THEY have responsibilities as OWNERS. That's the real world many of us live in today.

So whatever you wish to call them or the words you use to describe them the Board is left to deal with them in the best way possible. To make sure they live up to their half of the deal when owning in an HOA.

As an owner on this property I would applaud the effrots to collect dues and control out of control owners. Seems you might not.
GnomeX
(Washington)

Posts:253


08/27/2013 5:53 PM  
Last fiscal year total revenue was $59,000.

This fiscal year total revenue to date is $88,000

That is a 49% increase. And our fiscal year ends on September 30th so we still have one month left.

And all I have done so far is late fees reinstated in March, a friendly reminder in July and a certified mail return receipt FINAL NOTICE in August. We haven't even turned anyone over to the attorney for foreclosure... YET... Although that will start next month. I gave everyone in arrears an August 30th deadline to contact us before we bring in our attorney.
SharonH9


Posts:0


08/27/2013 7:22 PM  
Posted By GnomeX on 08/27/2013 5:53 PM
Last fiscal year total revenue was $59,000.

This fiscal year total revenue to date is $88,000

That is a 49% increase. And our fiscal year ends on September 30th so we still have one month left.

And all I have done so far is late fees reinstated in March, a friendly reminder in July and a certified mail return receipt FINAL NOTICE in August. We haven't even turned anyone over to the attorney for foreclosure... YET... Although that will start next month. I gave everyone in arrears an August 30th deadline to contact us before we bring in our attorney.



GnomeX,
You don't owe me an explanation. I'm just cranky today. Heat index of 104 in Iowa today and it's still 94 at 9:00 p.m. cdt.

Of course I do not condone yelling and screaming and disrespectful behavior. My board president displays that kind of behavior. He throws books and has been very disrespectful to me and my husband.

It appears to me that there is more to the issue than just neighbors not paying for road maintenance. You have a member wanting to view and/or copy 3 years of your records. You can't get any volunteers or even a complete board. You and some of your neighbors have a difference of opinion to disband the HOA or not.

I suggest you concentrate on the road maintenance and whatever liability insurance you need and forget the rest of the stuff.

I'm just posing this question. Why do you need the HOA if all you have are the roads to maintain? My association only has a sanitary sewer to maintain but we are all required to pay for it because we all use it. But we don't have covenants, rules, fines, liens, foreclosures. The Board files small claims lawsuits on people not paying. If you want to get to fishing and hiking the simpler the better. I know your attorney said that if you disband and form a road maintenance association it becomes voluntary and not everyone will pay. Couldn't the argument be made that if they use the roads, they have to pay to maintain them.



FrankS10
(Kansas)

Posts:276


08/27/2013 7:24 PM  
My post had nothing to do with your name, but your behavior. Lots of unfounded accusations repeated over and over. Bizarre behavior draws attentions and since it has come to light that the NSA may have access up to 75% of e-communications, I thought this circus might just draw their attention.

BTW, were your questions ever answered to your satisfaction?

GnomeX
(Washington)

Posts:253


08/28/2013 12:33 AM  
Posted By SharonH9 on 08/27/2013 7:22 PM

I'm just posing this question. Why do you need the HOA if all you have are the roads to maintain? My association only has a sanitary sewer to maintain but we are all required to pay for it because we all use it. But we don't have covenants, rules, fines, liens, foreclosures. The Board files small claims lawsuits on people not paying. If you want to get to fishing and hiking the simpler the better. I know your attorney said that if you disband and form a road maintenance association it becomes voluntary and not everyone will pay. Couldn't the argument be made that if they use the roads, they have to pay to maintain them.




4 years ago the old Board had an attorney do research on dissolution and disposition of the private roads after. Everyone would be responsible and OWN the portion of the roads directly in front of their lots to the road center-line.

But it goes even beyond that. The larger issue is legal liability. It is not just roads. Although the roads are the largest expense and responsibility. We also have other common areas like greenbelt parks with huge trees that we have to maintain.

The HoA is a corporation which essentially shields us from PERSONAL liability. Should the HoA and its corporation dissolve, and someone were to be harmed on any of the other common areas and sue for damages, there is nothing in place to shield ALL OF US from PERSONAL liability.

Each owner's PERSONAL ASSETS would not be protected in the event of litigation should someone be harmed in those common areas.

Now some might say, just sell those other common areas. Well all common areas including the roads have clouded title. Not insurmountable to gain clear title, just requires a quiet title lawsuit per our attorney. But even IF we do that and we gain clear title. Who would buy a bunch of green belts between homes with no road frontage? My guess NO ONE. Why?

Again... legal liability... These green belts are not marketable. No road frontage to any of them and buyer would just be getting a tax bill and a whole lot of legal liability.
SharonH9


Posts:0


08/28/2013 4:40 AM  
Posted By GnomeX on 08/28/2013 12:33 AM
Posted By SharonH9 on 08/27/2013 7:22 PM

I'm just posing this question. Why do you need the HOA if all you have are the roads to maintain? My association only has a sanitary sewer to maintain but we are all required to pay for it because we all use it. But we don't have covenants, rules, fines, liens, foreclosures. The Board files small claims lawsuits on people not paying. If you want to get to fishing and hiking the simpler the better. I know your attorney said that if you disband and form a road maintenance association it becomes voluntary and not everyone will pay. Couldn't the argument be made that if they use the roads, they have to pay to maintain them.






The HoA is a corporation which essentially shields us from PERSONAL liability. Should the HoA and its corporation dissolve, and someone were to be harmed on any of the other common areas and sue for damages, there is nothing in place to shield ALL OF US from PERSONAL liability.

Each owner's PERSONAL ASSETS would not be protected in the event of litigation should someone be harmed in those common areas.

Now some might say, just sell those other common areas. Well all common areas including the roads have clouded title. Not insurmountable to gain clear title, just requires a quiet title lawsuit per our attorney. But even IF we do that and we gain clear title. Who would buy a bunch of green belts between homes with no road frontage? My guess NO ONE. Why?

Again... legal liability... These green belts are not marketable. No road frontage to any of them and buyer would just be getting a tax bill and a whole lot of legal liability.



I know every state is different but my association is still incorporated which does protect you from personal liability. The association owns 2 recreational ponds and we all know water creates higher premiums for liability insurance. So we are incorporated, maintain the sanitary sewer and the 2 ponds. The articles of incorporation state their main purpose is to maintain the sanitary sewer but also includes a statement to promote the common good of the subdivision. But again no rules or covenants to enforce. Which does simplify things. Our president used to drive around the subdivision quite frequently looking for covenant violations then he found out they are not enforceable because of Iowa's 21-year time limit to preserve. He finally figured out he was wasting his time.

Sounds like you have a huge challenge on your hands and that you have worked with your neighbors to get them to pay up. I just have a bias against HOA's in general because of my negative experience with mine. Good luck. Have you considered moving?



AminB


Posts:0


08/28/2013 6:46 AM  
Posted By SharonH9 on 08/28/2013 4:40 AM
Posted By GnomeX on 08/28/2013 12:33 AM
Posted By SharonH9 on 08/27/2013 7:22 PM

I'm just posing this question. Why do you need the HOA if all you have are the roads to maintain? My association only has a sanitary sewer to maintain but we are all required to pay for it because we all use it. But we don't have covenants, rules, fines, liens, foreclosures. The Board files small claims lawsuits on people not paying. If you want to get to fishing and hiking the simpler the better. I know your attorney said that if you disband and form a road maintenance association it becomes voluntary and not everyone will pay. Couldn't the argument be made that if they use the roads, they have to pay to maintain them.






The HoA is a corporation which essentially shields us from PERSONAL liability. Should the HoA and its corporation dissolve, and someone were to be harmed on any of the other common areas and sue for damages, there is nothing in place to shield ALL OF US from PERSONAL liability.

Each owner's PERSONAL ASSETS would not be protected in the event of litigation should someone be harmed in those common areas.

Now some might say, just sell those other common areas. Well all common areas including the roads have clouded title. Not insurmountable to gain clear title, just requires a quiet title lawsuit per our attorney. But even IF we do that and we gain clear title. Who would buy a bunch of green belts between homes with no road frontage? My guess NO ONE. Why?

Again... legal liability... These green belts are not marketable. No road frontage to any of them and buyer would just be getting a tax bill and a whole lot of legal liability.



I know every state is different but my association is still incorporated which does protect you from personal liability. The association owns 2 recreational ponds and we all know water creates higher premiums for liability insurance. So we are incorporated, maintain the sanitary sewer and the 2 ponds. The articles of incorporation state their main purpose is to maintain the sanitary sewer but also includes a statement to promote the common good of the subdivision. But again no rules or covenants to enforce. Which does simplify things. Our president used to drive around the subdivision quite frequently looking for covenant violations then he found out they are not enforceable because of Iowa's 21-year time limit to preserve. He finally figured out he was wasting his time.

Sounds like you have a huge challenge on your hands and that you have worked with your neighbors to get them to pay up. I just have a bias against HOA's in general because of my negative experience with mine. Good luck. Have you considered moving?






He would never consider moving. He's got a good thing going and can do whatever he wants. When nobody is watching he could doctor documents, submit false claims to the insurance company , specially when natural disasters occur,
getting kickbacks from contractors and all sorts of fringe benefits which comes with an unchallenged board member. If some homeowner who sees the fraud and has no resources to investigate, but raises the question at a homeowner meeting anyway, he'll face the sheriff's office for disrupting the meeting. Thats how these people rule. Oh no, he would never consider moving. He would be without means of support.
AminB


Posts:0


08/28/2013 7:20 AM  
Posted By GnomeX on 08/27/2013 2:40 PM
We used to get people like this at meetings and they would drag on for hours with the Board trying to defend against baseless slander. They always pop out with insane conspiracy theory laden accusations. I am not exaggerating either. I am evidently an agent of the "New World Order" according to one homeowner here.

What did we do to stop it? We just ignored them, their accusations, their questions, and move on to the sane homeowners. If they start acting hostile we call in the sheriff and have them removed.

So Valerie is right. People like this marginalize themselves with their insanity. They literally "feed" on "creating conflict" with lies, distortions, and baseless accusations. They want to use your own words against you. Anything you say is distorted and turned back against you.

Ignore them and most of the time they just go away. When they don't go away on their own, sometimes you have to just remove them from the equation.





This is what I have been talking about. Regular , ordinary guys given power of foreclosure and other unchecked powers and they become ordinary thugs. This is how the process works. A guy , who in real life is probably retired, or living on some sort if disability, pension , whatever . They get to know some board member, become friends and if the board member retires, in his place they get elected with proxies.Nobody would ever know the new guy, outside a small circle of his friends. These people use the usual homeowner apathy , which is very prevalent in proxy-dominated HOAs and get elected. Over time when these same people , who do have immense powers under the faulty-on-purpose laws of HOAs , let power get in their head and this breeds little thick-headed dictators like this character. At best they become bullies and tell people where to park, or define common areas as they wish, or tell what color your front door should be. At worst , and I have no other reason to believe this character is any different based on what he says, they become thugs as well. If a homeowner dares to ask about financials, they become defensive and tell them go away you are insane or conspiratorial . They know that most homeowners don't have the resources to hire forensic accountants, attorneys to fight the HOA legal thug machine. So life goes on with them. With the help of the property manager from a management company who usually they are good at fraud, or sometimes they learn on the job without them, they become adept at dealing with contractors. When on of them steps forward and offers them some reward to give him the job and select him from others, a light bulb goes on . The they usually select the same guy and for the purposes of appearances they invite others to bid as well.The result however is the same and the same guy gets elected and a nice change goes to the board members that they would happily divvy up amongst themselves or leave the honest board member completely in the dark and make their own shares a little bigger. This behaviors from this guy and others like him is totally compatible with a gang member, or more specifically a white collar criminal. Ofcourse like this character they have good relationships with their local sheriff and have him on speed dial when they go to homeowner meeting, because they know , they get asked about financials or other issues he doesn't like to hear. They have no qualms with calling the sheriff on their neighbor. They know the homeowner in most cases is without help or money to fight them. Life is good for these guys.They don't work, and feel very threatened when their livelihood from these "non-profit" HOAs are under attack. Ofcourse they come on this site too and try to shut down any notion of dissent and general HOA attack too. Thats why like pack of wolves they attack me and others who dare say board members can be crooks. In this character's case they can be a bully and a thug, a true gangster.
AminB


Posts:0


08/28/2013 7:25 AM  
Posted By GnomeX on 08/28/2013 12:33 AM
Posted By SharonH9 on 08/27/2013 7:22 PM

I'm just posing this question. Why do you need the HOA if all you have are the roads to maintain? My association only has a sanitary sewer to maintain but we are all required to pay for it because we all use it. But we don't have covenants, rules, fines, liens, foreclosures. The Board files small claims lawsuits on people not paying. If you want to get to fishing and hiking the simpler the better. I know your attorney said that if you disband and form a road maintenance association it becomes voluntary and not everyone will pay. Couldn't the argument be made that if they use the roads, they have to pay to maintain them.




4 years ago the old Board had an attorney do research on dissolution and disposition of the private roads after. Everyone would be responsible and OWN the portion of the roads directly in front of their lots to the road center-line.

But it goes even beyond that. The larger issue is legal liability. It is not just roads. Although the roads are the largest expense and responsibility. We also have other common areas like greenbelt parks with huge trees that we have to maintain.

The HoA is a corporation which essentially shields us from PERSONAL liability. Should the HoA and its corporation dissolve, and someone were to be harmed on any of the other common areas and sue for damages, there is nothing in place to shield ALL OF US from PERSONAL liability.

Each owner's PERSONAL ASSETS would not be protected in the event of litigation should someone be harmed in those common areas.

Now some might say, just sell those other common areas. Well all common areas including the roads have clouded title. Not insurmountable to gain clear title, just requires a quiet title lawsuit per our attorney. But even IF we do that and we gain clear title. Who would buy a bunch of green belts between homes with no road frontage? My guess NO ONE. Why?

Again... legal liability... These green belts are not marketable. No road frontage to any of them and buyer would just be getting a tax bill and a whole lot of legal liability.




Here is something you might want to implement and could be of use to you. The new board member who got elected by proxies, made sure there is an insurance for dishonesty of board members that would pay before he took office.This is after he found out that I am looking to go over financails. One note, he was absent the night he got elected. You might want to check into that for future references. It might be of use to you , as some homeowner with means to take you to court over financial disparity , might move in.
AminB


Posts:0


08/28/2013 7:35 AM  
Posted By FrankS10 on 08/27/2013 7:24 PM
My post had nothing to do with your name, but your behavior. Lots of unfounded accusations repeated over and over. Bizarre behavior draws attentions and since it has come to light that the NSA may have access up to 75% of e-communications, I thought this circus might just draw their attention.

BTW, were your questions ever answered to your satisfaction?





Sure you didn't mean it. Right. This is your quote:

"I bet Amin is on a watch list already . Those guys are probably entertained so much it is putting our national security at risk!

I have another idea, when we capture potential terrorists, we don't need to waterboard them any more-just let them read this thread and have a one on one with Amin."

Yeah I believe you, after all you are a board member and should be believed!!
Board members terrorize their neighbors make life a nightmare for them , take them to court over fines arising from some notion as to the color of lawn furniture and etc and add on attorney fees and take their home away from them. Yes, whne nobody is watching which is the in most cases, you guys, get kickbacks, submit false insurance claims. There are reports of you guys handiwork all over the country.

Yeah you answer everybody with concerns over NSA and people named Mike or other non-foreign sounding names. I believe you!!!
AminB


Posts:0


08/28/2013 8:03 AM  
Posted By TimB4 on 08/27/2013 4:09 PM
Posted By AminB on 08/27/2013 10:18 AM

May be the laws in Virginia gives more access but still you failed to show I can do anything else other than filing a lawsuit, which means if I was in VA I would have had to do the same thing.




That is an untrue statement.
Obviously you didn't take the time to look at any of the links to VA laws I provided.
Since access to documents is part of VA laws, IF you lived in Virginia, you could have filed a claim with the Ombudsmans Office. Once filed, the Association would have to prove that they are in compliance or risk fines.

You chose to live in TX and are thereby limited in options by the applicable TX laws.


Posted By AminB on 08/27/2013 10:18 AM

Not all responses were helpful? Need to be honest here. 99% were not helpful.




I'm sure that this is something you believe.
I'm also sure that there isn't anyone on this site that will be able to change that opinion.
Everyone has to make up their own mind.


Posted By AminB on 08/27/2013 10:18 AM

The reasons given for Mike, don't be too confident. The first two you mentioned could be a result of gang members attacking him and make him go away and making him think there are no real solutions to his problem which is the goal of gang (board) members here.The third one could be his business and also as a result of not getting any help here. I give you another reason. May be he found out this place is crawling with pack of wolves and shouldn't expect any help on this site and could be pursuing his HOA problems with his attorney.




It's obvious that you must know Mike far better than I.

If you recall, Mike was acting as his own attorney and actually had already initiated legal action and was already in the appeal process prior to seeking advice from this forum. Had he located this forum and asked for advice prior to initiating legal action, perhaps we could have been of more assistance.

Based on what you have posted, it appears that your Association has positioned itself so the next move is yours. Although you appeared grateful for my opinion and advice in your earlier postings, I'm sorry I couldn't have been more helpful. I wish you luck in resolving your issue.





No you're not considered just a homeowner. You are considered a board member who can foreclose on people or like that caricature of a board member who is a bully and a thug, call the Sheriff when somebody probably inquires about financials or probably how come improvements were done to the board members or their friends and not to his section.
You noticed I mentioned their friends. They are board members to be or in training as to how to pass the torch of financial deceit and keep it in the family. Old board members never go away. they perpetuate this culture of corruption and they all bank on the fact that usually homeowners don't have the money to fight them.
I don't check into Virginian law since they are not applicable to me. I also don't go and correct your mistabulation ( I am sure you forgot to include my side. Right.)
That is an untrue statement about me knowing Mike. I just got here a few weeks ago and just saw one of his postings and knew the guy much like me was wasting his time here and left. It is good that he has initialed legal action. More like him are needed to deflate the balloon in board members heads. These "non-profit" HOAs need transparency so the honest homeowner doesn't foot the bill for a board member's kids or grand kids college education or a new car. This is why this pack of wolves is here, to defend their ill-gotten gains. I don't see any reason why they would defend an HOA that they don't even know its name or location. Do you?
Mike knew you guys were no helpers when it comes to anti-HOA issues like financials and thats why he left.You could not have been of further assistance as you noted. This site is not for giving the honest homeowner a rope to hang the HOA industry by helping Mike and others like him and me who seek the truth, give HOAs another black eye. HOAs are not for truth. You are here to preserve the power mostly given by proxies. These "non-profit" HOAs play politics and divide power among the pack or wolves.
Since you tabulated the insults , you need to correct this dishonesty you had in your tabulation. Go back and if you spend time, tabulate insults on both sides.
FrankS10
(Kansas)

Posts:276


08/28/2013 2:57 PM  
Amin,

Once again I am not a Board member, which just a few posts ago you acknowledged.

The comment about the NSA is meant that they would be laughing at this thread so hard when they came across it they would be ignoring the actual communications they should be watching.

You do like to play the victim card don't you. I have no idea of the origins of your name as I have never seen it before. I thought it was an attempt to hide your real identity and that is why you were so "brave" at making so many unfounded accusations.
SharonH9


Posts:0


08/28/2013 4:51 PM  
Amin,

I am not a board member and I am not a fan of the concept of HOAs. I do not want some of my neighbors to have that much control over my property or life. I am adamantly opposed to private citizens being able to fine each other and being able to file liens and foreclose on a neighbor's property. I have had similar frustrations as you. I can only tell you that if the documents you wish to inspect have been offered to you, then go take a look at them. Do not go alone. Take someone with you preferably your lawyer. Set up an appointment and just go do it. Then you can decide how to proceed. Just do it Amin. That is my advice.

Most of the posters on this forum are board members and have a different perspective than you or me. It is after all a forum for HOA board members to discuss issues. I really don't take much of what is posted that seriously. In some instances, I am entertained by the personalities who post here. It has also been a learning experience.

To be honest with you Amin, your postings have gotten weird and in some instances absurd. Give it a rest and just go inspect the documents.

The End. We hope.

TimB4
(Virginia)

Posts:17766


08/28/2013 5:18 PM  
Posted By AminB on 08/28/2013 8:03 AM

No you're not considered just a homeowner. You are considered a board member.




Amin, I do understand that based on your experiences that you do believe the worst in the individuals who serve on your Board. It's just a shame that you allowed that experience to paint everyone who has ever served in any HOA/COA with the same brush.

It's a shame when individuals have a bias based solely on what someone's job is without any regard to who the individual actually is or isn't. Unfortunately, this bias does exist. I wish it didn't.

Everyone has various filters that they view the world through. You can try to educate individuals so they are aware of those filters and hopefully they will try to look at things from different perspectives. Unfortunately, not everyone wants to learn this.


Posted By AminB on 08/28/2013 8:03 AM

You noticed I mentioned their friends. They are board members to be or in training as to how to pass the torch of financial deceit and keep it in the family.




It's also a shame when individuals are biased toward others simply based on who their acquaintances happen to be. The old guilt by association point of view.


Posted By AminB on 08/28/2013 8:03 AM

Old board members never go away. they perpetuate this culture of corruption and they all bank on the fact that usually homeowners don't have the money to fight them.




Amin, your trying to do your job as a member by being the checks and balances for your Association. I applaud you for this. If you would take it a little further and get others to name you as their proxy, you might actually control the votes at the next election. Then you could decide who did or didn't serve on your Board. The choice is yours.


Posted By AminB on 08/28/2013 8:03 AM

I don't check into Virginian law since they are not applicable to me.




Yet you made such a bold statement in your previous post that if you lived in VA you would only have the option of filing legal action. This, as anyone can verify, was an incorrect statement.

If anyone makes enough incorrect statements they begin to lose credibility.

Since you are trying to make changes within your Association, I would urge you to verify facts as best you can before making any statement that can damage your credibility. Otherwise, you may risk not being able to gather the support you need to make the changes you want.


Posted By AminB on 08/28/2013 8:03 AM

I also don't go and correct your mistabulation ( I am sure you forgot to include my side. Right.) . . . Since you tabulated the insults , you need to correct this dishonesty you had in your tabulation. Go back and if you spend time, tabulate insults on both sides.




Since you consider my numbers to be in error, I doubt you would believe any other numbers I provide. Perhaps it would be best if you took the time to do this as this way the numbers would be correct.


Posted By AminB on 08/28/2013 8:03 AM

That is an untrue statement about me knowing Mike.




I stand corrected.
You had made such a strong statement as to why Mike had quit posting on the forum that I expected you had been in contact with him after he had left. Again, I stand corrected.


Posted By AminB on 08/28/2013 8:03 AM

More like him are needed to deflate the balloon in board members heads.




Perhaps. I do think that his methodology in presenting what he believed wasn't the best. However, he would actually agree when the facts supported an argument even when he didn't want to. When there were differences in interpretation of those facts he would agree to disagree.


Posted By AminB on 08/28/2013 8:03 AM

I don't see any reason why they would defend an HOA that they don't even know its name or location. Do you?




I'm confused, am I part of the pack of wolves or an individual who's opinions you actually value?

Personally, I'm not defending your Association. As I stated in my summary, I don't think anyone is defending your Association. Can you provide specifics where this defense is occurring?


Posted By AminB on 08/28/2013 8:03 AM

Mike knew you guys were no helpers when it comes to anti-HOA issues like financials and thats why he left.




Again, another bold statement that gives the impression you actually know Mike better than we do. Yet in your posting you stated that this impression is incorrect.

Perhaps it would be better when you make statements like that to include the phase "in my opinion." This way, the wrong impression wouldn't be given and you would minimize the risk of losing any credibility.

Posted By AminB on 08/28/2013 8:03 AM

This site is not for giving the honest homeowner a rope to hang the HOA industry by helping Mike and others like him and me who seek the truth, give HOAs another black eye.




That is a very true statement.

In fact, the intro page to this site or the large yellow banner at the top of all pages of this site explains the purpose of the site. Therefore, anyone who may have thought this site would be one to help a homeowner give HOA's another black eye or the help members to "hang the HOA industry" would be incorrect.

Hopefully you took the time to read those pages.


Posted By AminB on 08/28/2013 8:03 AM

HOAs are not for truth.




You are correct. HOA's are not for truth. They should be truthful but their main purpose is to maintain the common areas, the common amenities and, typically, to oversee the terms of the contract (the CC&Rs).

Posted By AminB on 08/28/2013 8:03 AM
HOAs are not for truth. You are here to preserve the power mostly given by proxies.




That is an incorrect statement.

You might think that based on the biased formed by your experiences with your own Association, but that is an incorrect statement about me. In fact, I began the practice of using directed proxies within my Association and actually urge others to give their proxies to a trusted neighbor and not to the Board.

In fact, as I pointed out earlier, if you would take the time to gather support, you could actually gain the power (perceived or actual) in your Association by asking your fellow members to name you as their proxy representative instead of the Board. Better yet, perhaps you could encourage them to actually go to the meeting and cast their own ballot.




TimB4
(Virginia)

Posts:17766


08/28/2013 5:23 PM  

Amin,

You never answered my earlier question:

Like you, I also don't like the HOA industry. Personally, I believe that the best way to take it down would be to not purchase in developments that require such an association. However, I understand that this is likely unrealistic to happen.

Therefore, as I asked earlier, What do you suggest we do to accomplish this task?
AminB


Posts:0


08/29/2013 8:00 AM  
Posted By SharonH9 on 08/28/2013 4:51 PM
Amin,

I am not a board member and I am not a fan of the concept of HOAs. I do not want some of my neighbors to have that much control over my property or life. I am adamantly opposed to private citizens being able to fine each other and being able to file liens and foreclose on a neighbor's property. I have had similar frustrations as you. I can only tell you that if the documents you wish to inspect have been offered to you, then go take a look at them. Do not go alone. Take someone with you preferably your lawyer. Set up an appointment and just go do it. Then you can decide how to proceed. Just do it Amin. That is my advice.

Most of the posters on this forum are board members and have a different perspective than you or me. It is after all a forum for HOA board members to discuss issues. I really don't take much of what is posted that seriously. In some instances, I am entertained by the personalities who post here. It has also been a learning experience.

To be honest with you Amin, your postings have gotten weird and in some instances absurd. Give it a rest and just go inspect the documents.

The End. We hope.




I like to know some of the absurd ones that I wrote. Please specify. Please add some of the weird ones too. It may be in email they come out to you that way, but I can assure you I know what I am getting from these board members and their intention come through clearly. The intention is to dissuade me from going after one of their own. I know what I am looking for. If it sounds absurd may be its because I am answering absurd questions and points of view. If it sounds weird to you, its because I receive weird and nonsense answers and suggestions. Check my previous postings and you'll see that if somebody asked a common sense question I have answered it with common sense.
I have said multiple times , that I asked for specific documents and they refused. I have said multiple times that even when I asked for insurance documents it had to go through another layer before it was handed over to me. So the answer to your question is no. They have not offered me what I asked. They offered me what they wanted me to see. I will not spend my time and money plus attorney fees to see what I already know. They will not leave incriminating documents for me to see. They will go through it first and make sure that there will be some documents that will be harmless to them, no matter what they have done. Again the answer to your question is they have not given me what I asked for.
I can tell you the same thing that I have said some other people. I was hoping you would be different. Maybe not
If you are tired of reading my posts, don't read them. There are plenty of threads for you to read and be amused by their personalities. If this is for board members then the name Hoatalk should be changed to hoaboardmembertalk. I see a bunch of homeowners ,who come here and ask question answered sometimes by other homeowners. I cannot let go of absurdities be unanswered.
MelissaP1
(Alabama)

Posts:10521


08/29/2013 8:25 AM  
I believe we have stated to you to go on and get a lawyer and sue. Go on and get your CPA to get the documents. Go on and go view the documents yourself. Board members are homeowners too. They can't be board members without being homeowners. These again, and again, and again things we have told you.

Hire a lawyer already!!! Go get your documents you requested! Go hire your CPA to investigate. Why can't you do that??? We can't do that for you here ONLY YOU have the power to do that and ONLY YOU can get the answers your looking for in YOUR HOA. Gee imagine that a FORMER HOA BOARD MEMBER WITH NO HOA PROPERTY OWNED NOR ASSOCIATED WITH ANY HOA is even telling you this...

What am I protecting? Just YOUR checkbook and those of your neighbors... Suing your HOA is suing yourself and your neighbors. So go on and do what you got to do already. Just don't expect NOT to pay for it or be reimbursed. Plus when you do prove your fraud claims, expect to pay for that as well. It is NOT going to be the people you accuse. It is going to be ALL of you in your HOA. If it is the people you accuse, then you go OUTSIDE of your HOA to prove it with the INSURANCE COMPANY and the POLICE/DA office. Those are the LEGAL entities responsible for convicting people for fraud. Doing this inside your HOA is like going to church and announcing to everyone the preacher is a drug addict. It's enough to keep tongues wagging but it won't send the preacher to jail for buying/purchasing drugs. If you want jail time or punishment, you go to the cops...

It is just time to GROW UP and get a pair yourself. The things you accuse OTHERS of I have found has been EVERYTHING of the qualities you have shown yourself. Your responses have been nothing but proving what you claim of others are the very thing YOU are... So enjoy the ocean Jellyfish... There are other fish in that sea with spines... Fishy Fishy...

Former HOA President
AminB


Posts:0


08/29/2013 8:45 AM  
Posted By TimB4 on 08/28/2013 5:23 PM

Amin,

You never answered my earlier question:

Like you, I also don't like the HOA industry. Personally, I believe that the best way to take it down would be to not purchase in developments that require such an association. However, I understand that this is likely unrealistic to happen.

Therefore, as I asked earlier, What do you suggest we do to accomplish this task?



This is so typical of you. You read and read and read and then come up with a totally made up answer. I never said board members are all bad. I challenge you to direct me to where I even said that. I am saying the way HOAs are setup, they CAN be breeding ground for corruption. I still believe that. It has been said Trust but Verify. HOAs just want the homeowners to trust them. If a homeowner sees something that makes him suspicious , the way HOAs are set up, the verification process becomes non-existent, if they have done anything illegal and therefore could harm them. This is a system with no accounting. With attorneys ready and on deck, the average homeowner who pays for that attorney has virtually no chance. May be some board members have the right intentions, but over time an eager contractor can offer some kickbacks and buy their integrity. We are dealing with regular people with regular money problems who have become board members with huge powers who can be tempted. I have laid out my concerns many and many times and still you say I haven't answered. I have also laid out my solution. There should be 100% transparency as these are non-profit corporations minus the names of people who are late on their dues. Everything else should be open and on the table. More importantly there should be an agency to oversee HOAs. A homeowner should have a venue to complain and that agency should have teeth to make these complaints meaningful. I have also said this many times. It seems like you read and read and read and just pick and choose what you want to extrapolate. Lacking those ,it breeds corruption( again not all always). It also breeds thugs like the one who calls sheriff on his neighbor meaning it breeds little dictators.The homeowner who pays for everything ends up being escorted out for just asking questions which they guy "thinks" its just conspiracy theories.Funny how come he never even gives an example. As I wrote in another posting the name Hoatalk is misleading. It gives honest homeowners false ideas. If the name was hoaboardmembertalk , I wouldn't have browsed it let alone post on it. As I said before, I don't expect board members lend a helping hand to give their brethren Hoa get a black eye.

Why don't you answer these:

1. Do you have a problem with HOAs being totally transparent(minus that exception that I mentioned)?

2. Do you have a problem with an agency overseeing homeowner complaints and can act on it? It doesn't have to be a new one. It can be Attorney General of that state?
AminB


Posts:0


08/29/2013 8:53 AM  
Posted By FrankS10 on 08/28/2013 2:57 PM
Amin,

Once again I am not a Board member, which just a few posts ago you acknowledged.

The comment about the NSA is meant that they would be laughing at this thread so hard when they came across it they would be ignoring the actual communications they should be watching.

You do like to play the victim card don't you. I have no idea of the origins of your name as I have never seen it before. I thought it was an attempt to hide your real identity and that is why you were so "brave" at making so many unfounded accusations.



I hope you acknowledge or read the posts here that you are answering. I wrote that board members don't go anywhere. They don't even fade away. Sure they resign, quit or whatever their post but they hand around. One of the condos that received money from Ike belonged to a former board member. She got some money, probably to the tune of $20K when her check was only for $4k.
About me and your flimsy explanation, you did mean to make use of my name and change the subject on me. You put "terrorist", "water-boarding" and mentioned my name twice in the same sentence. The NSA thing has been going around for a few months. Direct me to one of your postings here from before, with a name that was not identifiable as middle eastern-sounding and you just voiced your concern about NSA looking through a homeowner forum.
AminB


Posts:0


08/29/2013 9:06 AM  
Posted By MelissaP1 on 08/29/2013 8:25 AM
I believe we have stated to you to go on and get a lawyer and sue. Go on and get your CPA to get the documents. Go on and go view the documents yourself. Board members are homeowners too. They can't be board members without being homeowners. These again, and again, and again things we have told you.

Hire a lawyer already!!! Go get your documents you requested! Go hire your CPA to investigate. Why can't you do that??? We can't do that for you here ONLY YOU have the power to do that and ONLY YOU can get the answers your looking for in YOUR HOA. Gee imagine that a FORMER HOA BOARD MEMBER WITH NO HOA PROPERTY OWNED NOR ASSOCIATED WITH ANY HOA is even telling you this...

What am I protecting? Just YOUR checkbook and those of your neighbors... Suing your HOA is suing yourself and your neighbors. So go on and do what you got to do already. Just don't expect NOT to pay for it or be reimbursed. Plus when you do prove your fraud claims, expect to pay for that as well. It is NOT going to be the people you accuse. It is going to be ALL of you in your HOA. If it is the people you accuse, then you go OUTSIDE of your HOA to prove it with the INSURANCE COMPANY and the POLICE/DA office. Those are the LEGAL entities responsible for convicting people for fraud. Doing this inside your HOA is like going to church and announcing to everyone the preacher is a drug addict. It's enough to keep tongues wagging but it won't send the preacher to jail for buying/purchasing drugs. If you want jail time or punishment, you go to the cops...

It is just time to GROW UP and get a pair yourself. The things you accuse OTHERS of I have found has been EVERYTHING of the qualities you have shown yourself. Your responses have been nothing but proving what you claim of others are the very thing YOU are... So enjoy the ocean Jellyfish... There are other fish in that sea with spines... Fishy Fishy...





I saw your name on it, I thought last time you had a relatively sane response(compare to before). When I read it I realized it was the stupid beyond the pale. Nothing had changed. Its like we have been through a cycle. Its just repeating that suing your HOA is like suing yourself even though they could have stolen money and suing the directors could bring the money back form their bank account to the HOA and put them in jail.Its the same that you started from the beginning , "there's nothing to see here or in any HOA as far as fraud is concerned". So my response to you is the same . Go back and do what you do best, meaning sleep with whoever advances your cause. After all you are Bonnie working with Clyde and he probably ripped you out of your share. Go bang that con buddy of yours which I don't know why too split. You two would have made a wonderful couple. You two are so good together that even the neighbors warned you about him you still dated him and got elected to the board. Why did you two split? You never explained that.


FrankS10
(Kansas)

Posts:276


08/29/2013 9:51 AM  
Amin,

Again, you really like playing the victim.

My wife uses her name spelled backwards when on the net, and it looks foreign, to keep her identity somewhat veiled. I just assumed you were doing something similar. My first post was on a day that FOX News was airing newly released information about the NSA's inaccurate statements about what they were collecting. Your odd behavior, not your name, would draw attention IMO. I am sure you will not get this point just as you asked a score plus of times the same question over and over-which is bizarre. If the Pope did this, he would be laughed at as you are. It has nothing to do with any back ground which I know nothing of and will not assume because of a name. It has to do with your behavior!!!!!!

Go cry somewhere else.
AminB


Posts:0


08/29/2013 10:14 AM  
Posted By FrankS10 on 08/29/2013 9:51 AM
Amin,

Again, you really like playing the victim.

My wife uses her name spelled backwards when on the net, and it looks foreign, to keep her identity somewhat veiled. I just assumed you were doing something similar. My first post was on a day that FOX News was airing newly released information about the NSA's inaccurate statements about what they were collecting. Your odd behavior, not your name, would draw attention IMO. I am sure you will not get this point just as you asked a score plus of times the same question over and over-which is bizarre. If the Pope did this, he would be laughed at as you are. It has nothing to do with any back ground which I know nothing of and will not assume because of a name. It has to do with your behavior!!!!!!

Go cry somewhere else.



I'm sure you are telling the truth!! After all you are a board member (or former which never fully becomes an ex-board member), aren't you?

I am not crying for anything. You as a true board member with selective memory that you have (probably resulting from years of doctoring documents and other illegal activities) choose to ignore it. I said I am here to get advice from somebody honest as to what can be done about my situation. I am the one that is seeking the truth about my HOA. My behavior , as your type likes to change the subject all the time ,by callingb it "odd", like the feeble attempt on my name, just asks question and answers the absurdities that come my way. My "odd behavior" as you like to call it, which what you don't like and thats why you label it , just is trying to find out why the financials are hidden from me. You and your type don't like anybody checking into financials and awake your own members and dig dirt when you were a board member. I believe fraud has a long statue of limitation. Go try to deceive somebody else , you shyster. I know your board-specific pathetic schemes.
You were and still are accountable to no one. Now you expect me to believe what you are telling me is the truth? You never had to tell the truth to anybody as a board member with internal auditing only, and now you are expect me to believe you as anonymous as you are that you did not try to change the subject by making a play with my name?

And just like the shyster board member that you are , you dodged a question:Where did you make a similar comment about NSA and terrorism, water-boarding on this site with a non-foreign sounding name?
TimB4
(Virginia)

Posts:17766


08/29/2013 4:45 PM  
Posted By AminB on 08/29/2013 8:45 AM
Posted By TimB4 on 08/28/2013 5:23 PM
Therefore, as I asked earlier, What do you suggest we do to accomplish this task [take down the HOA industry]?


I have also laid out my solution. There should be 100% transparency as these are non-profit corporations minus the names of people who are late on their dues. Everything else should be open and on the table. More importantly there should be an agency to oversee HOAs. A homeowner should have a venue to complain and that agency should have teeth to make these complaints meaningful.




Amin,

Allow me to rephrase the question.

What can you or I (or others) do to make sure that those things you mention happen?

Sure, we can agree that those things should be in place. But, to rephrase the question, what must (or can) be done by the regular homeowner to put those things in place if they are not already there?
TimB4
(Virginia)

Posts:17766


08/29/2013 4:57 PM  
Posted By AminB on 08/29/2013 8:45 AM

Why don't you answer these:

1. Do you have a problem with HOAs being totally transparent(minus that exception that I mentioned)?




No I don't have any problems with HOA's being totally transparent.
I've said this many times in other threads.
I've said many times that your Association should give these things to you.

I actually believed that my Association wasn't transparent enough. Therefore, I became involved and made it more transparent. Perhaps you can do that for your Association.

Posted By AminB on 08/29/2013 8:45 AM

2. Do you have a problem with an agency overseeing homeowner complaints and can act on it? It doesn't have to be a new one. It can be Attorney General of that state?




That question is too general for me to answer.

I would need to know more specifics such as: how that office is to be ran? what will it cost? what authority will they have [what actions can they take]? will that authority prevent me, as a homeowner, from perusing other avenues? will there be an appeal process available over that agencies decision? what complaints may be filed (violations of the CC&Rs, violations of law, both)?

As I said, the question is just too general for me to answer a yes or no. In principal I would say yes but the details may have me say no.
TimB4
(Virginia)

Posts:17766


08/29/2013 5:15 PM  
Posted By AminB on 08/29/2013 8:45 AM

This is so typical of you. You read and read and read and then come up with a totally made up answer. I never said board members are all bad. I challenge you to direct me to where I even said that.




That is true. You never actually said those specific words. However, you do imply this in your responses using generalized statements about board members. Perhaps you didn't intend to do this, perhaps you did. Perhaps you were kidding, perhaps you weren't. Regardless of the intent, this is the way I, and I believe others, interpreted what you have posted.

As an example, here are just a few of your comments [emphasis added]:

"You guys have nobody to look over you, can doctor documents, submit phony insurance claims and get kickbacks from contractors." - implies anyone who is a board member does illegal things (i.e. kickbacks)


"You like to be left alone doing the usual stuff board members do in private, like getting kickbacks, submitting phony claims, etc." - again implies all board members get kickbacks.


"I'm sure you are telling the truth!! After all you are a board member (or former which never fully becomes an ex-board member), aren't you?" - Implies that if you have ever served on an HOA/COA Board that you are untruthful.


"You as a true board member with selective memory that you have (probably resulting from years of doctoring documents and other illegal activities) choose to ignore it." - implies all board members doctor documents and participate in illegal activities.




TimB4
(Virginia)

Posts:17766


08/29/2013 6:59 PM  
Posted By AminB on 08/29/2013 8:45 AM

I am saying the way HOAs are setup, they CAN be breeding ground for corruption. I still believe that.




Amin,

You are absolutely correct.

The organizational methodology for Associations can indeed be a breeding ground for corruption. This is why it's imperative for members to become and remain active in the running of the Association. In my opinion, the minimum activity a member should do is:

1) Read and understand the governing documents
2) Read any newsletters published by the Association
3) Attend the annual meeting and ask questions to those things they don't understand
4) VOTE on anything the membership may vote on


The reason why it's imperative for the membership to become and remain active in the affairs of their Association is because of the way HOA's are set up. The current method requires the membership to serve as the checks and balances to the actions of their elected Board.

Let's be honest. The number of members who don't participate typically far outnumber the number of members who do participate. Using my own Association as an example, at our last annual meeting we had 17 lots represented in person. Those 17 carried an additional 27 proxies for a total of 44 or 33.8% of the membership. Some may say that those are great numbers. Others may say those are terrible. My point is, imagine what changes could be made within our Association if the other 66.2% of the membership decided to become involved. Heck, for my Association, that's enough to change the governing documents.

Sure the State corporation commission may fine for not filing the annual report on time. The IRS will certainly go after the Association for failing to file taxes. The District Attorney will prosecute if criminal laws are broken (example embezzlement). However if the Association doesn't comply with the Bylaws or a civil law, it's up to the membership to hold the Board accountable. The easiest way would be to recall the board or not reelect those same individuals. The more expensive option is to go through the court system.
TimB4
(Virginia)

Posts:17766


08/29/2013 7:23 PM  
Posted By AminB on 08/29/2013 8:45 AM

As I said before, I don't expect board members lend a helping hand to give their brethren Hoa get a black eye.




In my case, that would be a wrong expectation.

I don't know what else to say. You've asked for assistance and I've provided options as I see them. If they give your Association a black eye, so be it.

Unfortunately, you don't seem to want to exercise your biggest option, that of actually taking the Association up on it's offer to physically go and inspect the documents they will provide. If you don't want to go yourself you can appoint someone as your agent to go in your place. However, since you have chosen not to exercise this option, your other options are limited. These other options include:

1) Gather support and get yourself elected to the board at the next election (this way you will have additional authority which will allow you to see all the documents, even the privileged ones they don't want to show you).

2) Gather support and get others who will give you the documents you seek elected to the Board.

3) Gather support and recall the board then incorporate options 1 and/or 2 when replacing the recalled board.

4) Contact the media to place pressure on the Board (of course the fact that you haven't exercised your option to physically inspect the records might make this option mute).

5) Contact an attorney to see under what grounds you could seek an injunction to force the board to provide you with the records you seek (again, the fact that you haven't exercised your option to physically inspect the records may impact a judges decision)

6) Sell and move so you don't have to deal with your Board (not a great option but still an option)

7) Don't do anything else about it (again, not a great option but still an option)


The choice is yours to make and any consequences (both intended and unintended) that result because of your choice is yours to live with. Like I said, if what you do causes your Association to receive a black eye, so be it. If what you choose to do makes your Association better than it currently is, GREAT!

I honestly wish you luck in whatever course of action you choose.




GlenL
(Ohio)

Posts:5491


08/30/2013 1:36 AM  
Amin isn't interested in anything except stirring the pot. He's like a little kid jumping up & down and waving his arms, shouting: "Look at me, look at me."

BTW Amin if you are truly interested in proving the Board members committed fraud, you better shake a leg. Statute of Limitations for fraud in Texas is four years.

http://www.statuteoflimitations.net/texas_statute_of_limitations.htm

Studies show that 5 out of 4 people have problems with fractions
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