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Sunday, April 3, 2011 | 2:01 a.m.
Allison Copening
Sun archives
- Las Vegas judge blocks foreclosure by HOA collection agency (4-1-2011)
- 2 NV bills would set caps on HOA collection fees (3-24-2011)
- Las Vegas HOA collection agencies sue critics (3-21-2011)
- Another lawsuit filed over HOA debt collection fees (12-18-2010)
- State panel sets limit on HOA fee collections from foreclosures (12-7-2010)
- Judge halts state order on HOA collections from foreclosures (12-3-2010)
- HOA collectors want end to cap on delinquent fees on foreclosures (12-3-2010)
- Collection companies lose arbitrator’s HOA ruling (11-12-2010)
Sen. Allison Copening has introduced seven bills to regulate homeowners associations this session, the product of nearly 18 months working with industry experts.
During hours of hearings on her bills over six weeks, Copening, D-Las Vegas, did not disclose that she is also employed by an HOA. On Friday, after the Las Vegas Sun contacted her with questions about the bills, she disclosed that she works for a homeowners association for Del Webb, a subsidiary of one of the country’s largest builders, which has taken an active role in shaping the legislation she introduced.
Randy Watkins, executive director/vice president of Del Webb Community Management, who is Copening’s employer, was on a working group that helped develop the legislation. Copening began working for Del Webb in September as a lifestyle director for a community in Henderson.
“I needed a full-time job,” she said of the $40,000-a-year position. “They were kind enough to offer me a job.”
Copening’s job and her legislation have placed her at the center of a fight between real estate investors and collection agencies over fees those agencies charge homeowners who haven’t paid their dues.
Investors say collection agencies hired by the HOAs are gouging homebuyers — including families purchasing first homes — often for several thousand dollars to cover a debt of a few hundred.
Multiplied by the hundreds of thousands of homes in foreclosure — 276,721 houses have been issued notices of default in Nevada since 2007, according to foreclosure tracker RealtyTrac — the fees at issue in the legislation amount to huge sums.
But homeowners associations, such those under the Del Webb umbrella, argue the fees need to be high enough so collection agencies have an incentive to take on the task of collecting the debt.
•••
Nevada’s citizen Legislature makes conflicts between governance and day jobs inevitable. Lawmakers receive a salary of $8,373.60 per session, plus a per diem during the 120-day session that totals $18,480.
Still, lawmakers typically disclose relationships that could be perceived as conflicts before votes.
Copening, however, took her job while she was working on the home-owners association legislation.
With the Legislature in session, Copening works part time, on weekends, making about $600 a month, she said. She plans events at the Club at Madeira Canyon in Henderson and writes a community newsletter.
Copening disclosed her employment during a committee hearing on an unrelated bill on Feb. 15, after a citizen asked the committee if anyone was employed by an HOA board, she said.
Copening was director of public affairs for Pulte/Del Webb from 2002 to 2006, and served on the Sun City Aliante homeowners association’s board. She was elected to the Senate in 2008.
After the 2009 legislative session, she decided to gather industry insiders to develop legislation. The resulting bills, she said, were not influenced by her employment.
Watkins said her elected office and work on the legislation had nothing to do with her being hired. “Absolutely not,” he said.
He praised Copening’s work on the legislation. But homeowners associations, which regulate many quality-of-life aspects in their communities, often stir strong emotions, and Copening’s legislation has critics. The most controversial is Senate Bill 243, which would limit fees charged by collection agencies at $1,800 per home, plus some costs.
A group of investors argues the bill is falsely being sold as a cap on such costs.
Others said Copening’s employment is a conflict of interest and that she favors the industry that pays her salary.
Copening’s bills “are anti-homeowner and homeowner-unfriendly,” said Jonathan Friedrich, a Las Vegas resident and homeowners association activist. Friedrich said he has filed a complaint against Copening with the state Ethics Commission.
(It’s unclear if the commission would have jurisdiction; a state Supreme Court ruling found the commission can’t judge legislators performing a primary function. The Senate has a rule governing ethics, and a committee that could hear complaints against a senator. No such complaint has been filed.)
Stephanie Cooper-Herdman, a Las Vegas attorney who handles collections, said Copening’s involvement with the legislation while being employed by a homeowners association “is very disingenuous.”
When she learned of it, she said, “I about lost my lunch.”
During a hearing on the bill to impose caps on collection fees, Cooper-Herdman testified she charges a $1,200 flat fee per house that is going through foreclosure. She called the $1,800 cap “excessive.”
She also the bill is “not a real cap. There are too many loopholes.”
Cooper-Herdman supports another bill aimed at capping fees, Senate Bill 195. She testified in favor of the measure, proposed by Sen. Elizabeth Halseth, R-Las Vegas, which would limit collections at $1,475, including costs.
But Copening said the criticism is coming from a minority of unhappy homeowners.
Her bill is based on a year of work by the Common Interest Community and Condominium Hotels Commission. She said she listened to all sides and tried to balance the interests of homeowners, collection agencies and investors.
“HOAs will go broke if a collection agency doesn’t think it will be paid at the end,” Copening said in an interview. “That being said, (collection agencies) have overcharged.”
When she introduced the bill, she said investors buying up the foreclosed homes were trying to squeeze collection agencies. “Nobody is happy with the way the collection companies conducted their business these past few years, but we need to ensure that we do not put these companies out of business resulting in more Nevadans in the unemployment line,” she said.
In February, when Copening’s first HOA bill was introduced in the Senate Judiciary Committee, Watkins gave senators and members of the public an overview of HOAs. Studies find homeowners are overwhelmingly happy with their HOAs, he said.
Copening didn’t disclose at the time that Watkins was her boss.
On Friday, during a hearing on Halseth’s competing bill, Copening disclosed her employment. The legal branch of the Legislative Counsel Bureau signed off on her accepting the HOA job on Sept. 27, she said.
•••
Although the collapse of Nevada’s housing market resulted in an unprecedented loss of wealth for property owners, it has also been a moneymaking opportunity for investors to buy homes at deep discounts and rent or flip them.
Two such investors, Rutt Premsrirut and Rick Korbel, have formed the Concerned Homeowners Association Members Political Action Committee, or CHAMP, which is lobbying against Copening’s bill.
Collection agencies have also profited. Homeowners going through foreclosure stop paying HOA fees and their association eventually turns over that debt to a collection agency. When the home sells, the buyer is responsible to pay the back dues, plus collection fees.
Investors have shown lawmakers letters from collection agencies demanding thousands of dollars to cover dues totaling a few hundred dollars.
Chris Ferrari, a lobbyist for CHAMP, said it’s often at the last minute that a buyer, whether an investor or first-time buyer, learns of the thousands of dollars in liens placed by the association and collection agencies.
The 2009 Legislature recognized the problem and passed legislation that capped the amount HOAs could collect from a homeowner at nine months of dues.
The Legislature directed the Common Interest Communities and Condominium Hotels Commission, a regulatory body, to adopt regulations limiting fees imposed by collection agencies. That regulation, developed last year, would have set a fee cap of $1,950 per house for collection agencies.
But it never took effect. When Gov. Brian Sandoval came into office, he issued a moratorium on new regulation.
At the same time the commission was coming up with its regulation, Copening formed a working group of about 30 people from the industry, including HOA managers and board members, attorneys and collection agencies, to work on what would become her seven bills. She told the group to aim for consensus, but unanimity was not necessary. Disagreements would be noted when the bills were presented to lawmakers, she said.
They were all experts and every perspective was represented, she said. “In the homeowner association world, these were not friends. They were natural adversaries. We were going to have a good debate.”
The steering committee included Michael Buckley, an attorney at law firm Jones Vargas, with clients who are developers. Buckley is also chairman of the Common Interest Communities and Condominium Hotels Commission.
“The fact that the process was opened to a large group of people is great,” Buckley said. “Sen. Copening had the right idea to get as much input, to get as many ideas as she can through a well-thought-out process.”
Watkins sat on the group’s steering committee. He said he didn’t want Copening’s collection bill to go to the Legislature. Rather it should be passed as a regulation, which could be tweaked more often than every two years, when the Legislature meets. He was unsure about capping fees anyway.
“You let the fair market take care of it,” Watkins said. “Those associations that pay too much ... will migrate to other services. It would not make sense to stay with (a collection agency) that charges twice as much.” His reasoning: The higher the fee, the harder it would be for new buyers to close escrow.
Copening said, like her boss, she now supports pulling her bills and asking the Legislative Commission to pass a regulation setting a collections cap of $1,950, plus costs.
“This is a heated issue,” she said. “If the Legislature makes a mistake because of a lack of knowledge and hurts the HOAs, it can’t be fixed for two years.”
Copening said fellow lawmakers warned her not to get involved in legislation governing HOAs.
They said “this would bring me nothing but grief, as there are a handful of vocal anti-HOA people who dislike legislators who don’t buy into their ideas,” she wrote in an email. “Most people enjoy living in an HOA. I do, despite the occasional letter I get because of weeds in my yard!”
Good thing a "citizen" had the good sense to ask!
Disclosure should be mandatory.
Del Webb hires democrats? They were straight republican in my contacts with them..
Jonathan Friedrich is a resident that does not have the support of his community otherwise he would be elected to his board. He has done nothing but legislate to give his minority voice more say and litigate against his HOA costing him and everyone else huge sums of money.
The majority of people are happy, the only thing that needs fixing is the regulatory division so when the few HOA's that are overstepping they can quickly be addressed. The fact is that there are almost 3000 HOA and with less municipal governments in this state more people have gone to jail that have been on the city council, county commission and state legislatures.
While we are at it why has Assembly Munford who regularly gets a lien by the city and is late on his paid property taxes allowed to propose bills and participate in the legislative session?
Kind enough to offer her a job. If she didnt see this as a conflict of interest then she is too stupid to represent her constituants.
What exactly is a "lifestyle director?" Is that an actual job.
She should be impeached, these people forget who they are represnting.
No she did not forget who she was representing. She represents special interests, that is why she got the job! You know special gratuities for a job well done! She should resign!!!
Is this woman for real? "They were kind enough to hire me?" What, for her good looks or knowledge? Give Nevadans a little credit for being smarter than that! Watkins denied her being a legislator had anything to do with her hiring. Did Watkins actually say that with a straight face? It's little wonder many Nevadans hold politicians in contempt and don't trust them. This case is a clear example of self-interest trumping public interest. This woman should be indicted and, if found guilty, expelled from the legislature, fined and imprisoned. Watkins ought to be investigated as well.
Conflict of interest cannot be a problem, because if there was we wouldn't have elected government employees (in the legislature i.e. teachers, firemen and others) writing, voting on budgets and calling for taxes to be raised for their benefit as part of the legislature.
There couldn't be any conflict in government employees (in the legislature) voting to raise their own salaries or lawyers voting to make laws to benefit other themselves and lawyers.
COULD THERE?
Government of the government and by the Government.
She has got to go.
She seems to be one crooked peice of work.
She seems to lack brain cells too.
Plus, she is sooooo bad people give her a job out of charity. She has no real skills it looks like.
Does anybody really need to comment any further on this story? The headline alone pretty much sums up every politician in this crooked state. If she were Republican and worked for mining this would be a non story altogether.
HOA's and management companies are wrought with corruption in Nevada. Copening says there are a handful of anti- HOA folks???? She should be removed from the Legislature immediately, put in there as a tool for them.
David Schwartz you should also note the governor wrote the budget while being recruited by the same people that are benefiting from the budget while the rest of everyone else is being sacrificed. Shared sacrifice is a false statement when it shields the elite.
"If she were Republican and worked for mining this would be a non story altogether."
-------------------------
There it is..
Ms.Copening,
The letter about weeds is not the problem. The problem is the abuse of power, and absurd collection fees. Also, the people of Nevada trust their senators to disclose their connections to the industries they are supposed to be regulating.
Definitely, there should be an investigation into her work. Shameful.
This conflict of interest and non-disclosure is certainly outrageous. I spoke against one of Senator Copening's bill SB 174 that gave free rein to Community Management Companies to withdraw funds with no signature, no trail of who took the money. This bill by Senator Copening would allow Community Management Companies to invest HOA funds outside the government docs, in anything they wanted. This bill removed the requirement of Community Mgt Cos post a bond. Then her latest, SB254 that would force a complaint made by a homeowner to an expensive process that would bypass the omboudsman as a first step. If the complaint is labelled, "frivolous or harassment," two very vague terms, the homeowner would get stuck with thousands of $$$ of lawyers fees for attorneys who defend the HOA. Nice kettle of fish. These fees then become a lien on the house, and the house gets sold thru foreclosure. WOW. This bill is now in committee last I heard. I spoke against this bill too. Time to email and call your Nevada State Senators to kill this SB 254, a harmful bill to homeowners. Don't we have enough problems with the banks right now. Senator Copening keeps putting these bills out, and did not disclose she is paid by a large management company. If this is not an ethics violation, it certainly is a conflict of interest. Marlene Rogoff, Candidate for Mayor of Las Vegas. Isn't time to elect someone who will look out for the interests of the residents? And who has the background to do so, graduate of Columbia University, Masters degree from University of Chicago, 30 years in business and real estate.
She is a friend of big business developers.
She is not a friend of the people.
Also, she goes to a church that is strongly anti-abortion and strongly anti-gay marriage yet she is a Democrat? Something is not adding up there. Either she is a big hypocrite in her church or she is phony Democrat.
She is hooked up with Big Business and she is a Democrat????
She also ran on a promise to push for a state lotto.
She has not lifted one finger to do that either.
Nevadans can either complain about the conflicts inherent with a citizen's legislature, or Nevadans can pay lawmakers full-time salaries and give them full-time work.
These are the problems we get here doing everything on the cheap.
The real idiot here is Sandoval issuing a moratorium on a bill that the citizens elected officials passed. Who is lining his crooked pockets? Copening should resign immediately.
"HOAs will go broke if a collection agency doesn't think it will be paid at the end,"
That is nonsense! HOA members are NOT responsible for protecting the income of a collection agency.
"Nobody is happy with the way the collection companies conducted their business these past few years, but we need to ensure that we do not put these companies out of business resulting in more Nevadans in the unemployment line,"
So putting people to work in Nevada means we need to prop up collection agencies by allowing them to charge excessive fees? I'm with the lawyer who lost her lunch. This is vomit-inducing pandering to a vile, parasitic industry.
When I bought my house, nobody told me, "remember, we will occasionally charge you excessive fees because it is important to keep our collection agencies fully staffed". If anybody had told me that was the goal, I would have walked away FAST from any property in an HOA community.
Don't believe the regurgitated tripe about beautifying neighborhoods and preserving property values. The real reason we need HOAs is becoming perfectly clear. The real purpose of HOAs is to provide jobs for all of Allison Copening's many friends
Anything going to happen to her or will this go unpunished like everything else that these #@$@#$ do that is illegal.
Listen to the minions support another minion, she's done nothing, she's one us, she's a brainless troll. She did this for a reason, she's a typical politician sucking off one then sucking off the other, she'll suck money off whomever she can get the best deal from and get away with it. She's just another career politician lying, cheating, and telling her mindless minion troll whatever she wants and you'll believe anything she says.
Speaking of corruption, whatever happend to Rory's 90+ pac shell game he started to funnel over 750k to his campaign? Did he get a slap on the wrist or did it get swept under the rug?
I lived in an HOA community and know others who still do... I have never met one person who liked their HOA in Nevada....
Run this self serving ----- out of dodge!!!!!
The legislation that's needed is HOW TO END AN HOA. Residents DO NOT WANT AND CANNOT AFFORD TO KEEP PAYING FEES for HOA'S TO EMPLOY PEOPLE to call collection agencies for late fees. I've been in an HOA for 16 years and it's DONE NOTHING FOR ME OR ANYONE ELSE yet we must KEEP PAYING. I'm looking to buy a SFR but am NOT CONSIDERING ANY WITH HOAS.
Run em all out of dodge!!!!!!!!!!!
Great false dichotomy, Erin. Please.
It is time to hold elected officials accountable. This type of dishonesty justifies a respond with a recall petition to remove Allison Copening from office...Period!
Recall, Recall, Recall!!!
What this story exposes is in a word "corruption"
There is no better example of corruption than alliances between public officials whose continued employment depends on campaign contributions and large business corporations that have the ability to funnel large sums of money onto the campaign coffers of those public officials. That fact alone should trigger further investigation.
Also, when you consider the other facts of this case, and realize HOW MUCH HOA money is collected AND SPENT by Dell Webb Management company, it becomes even MORE obvious that an investigation is called for.
All management company's contract with hundreds of Nevada contractors in every field of endeavor from landscaping to painting and construction projects. What other form of government can you name that does not oversee the flow of money from the hands of the people into the pockets of contractors? There is also a lot of evidence of collusion between Management Companies and HOA Boards of Directors that needs to be exposed as well.
In my HOA the Management Company has even spent some of our money to hire UNLICENCED contractors. Why has there not been an investigation of the entire process?
Ms Copening says; "I needed a full-time job - They were kind enough to offer me a job." (a $40,000-a-year position). It's pretty apparent that Dell Webb has made a good investment.
Where are the FED's?
"VillaRep"
The only responds to this action should be a opposing action---RECALL Allison Copening!
It is time to take action against corrupt officials who openly flaunt their action against the voters of the State of Nevada! Allison Copening
actions paints the district where Allison Copening resides as equally corrupt for placing her in office.
....to add on Allison Copening and the district she represent.
The people who support Allison Copening, the people who worked hard to get her elected, are victims and supporters. The shows Allison Copening entire politicial operations as being corrupt, showing a personal and private structure of Allison Copening's character and integrity and family value.
It is way overdue that we the Nevada residents lanuch a recall petition on corrupt officials to send a message loud and clear---that enough is enough.
Time for real change in Nevada. Allison Copening will make a great example for our youth on what not to do as an elected official!
"The steering committee included Michael Buckley, an attorney at law firm Jones Vargas, with clients who are developers. Buckley is also chairman of the Common Interest Communities and Condominium Hotels Commission."
This is the real problem; the chairman of the Commission for Common Interest Communities has a conflict of interest because he represents developers.
Why isn't the playing field level--not hard to figure that one out.
Wish I could write that this is an isolated problem. It isn't. Near as I can tell Community Association Institute (CAI) runs the show. They do an excellent job for their industry; but for the individual homeowner, well too bad for you if you can't take a joke.
Bless her heart Sen. Copening cares so much about the people and industry that pay her full time salary she will protect them at all costs. Bravo.
A conflict. Also, many ranchers in Carson City backed the anti-wild horse Bills. Another conflict.
The HOA crowd also backed the insane growth that caused this problem. A growth cap, "ring around the valley" for housing and commercial development would have minimized the bust cycle. Time for stricter caps on growth and more regulations against theses "management companies" that the HOA's hire.
The yoke of institutionalized corruption that is born by those living in common interest communities (HOAs) requires a political solution. Regulation is by the state so the focus must be on legislators and the governor at election time. This is non-partisan.
Obviously many homeowners are victims but few have the time to really fight the injustice. Mom and dad are both working and struggling to pay the bills and keep up with the kids. The good news is that we are in the beginning stages of another "Great Awakening". The same grassroots effort that is putting a scare into the "good ole boy and gal" HOA industry needs to take it a step further and start targeting the bad performers out there. The outrage over a corrupt system needs to be the top election issue for the legislature.
Simply channel the anger and throw the bums out. Many incumbents believe that they are monarchs. When threatened by defeat, they will react accordingly.
SgtRock:
Are you trying to say that Sen. Copening is also Sister Copening and goes to the same church as Brother Harry? I am one of them too and a tad sensitive on the subject. But I will concede that I see more "Crooked Mormon Syndrome" here than all the other 20 plus places I have lived combined. Think I am safe criticizing my own but will observe that there is always a wolf or two among the sheep.
Diana:
"When I bought my house, nobody told me, "remember, we will occasionally charge you excessive fees because it is important to keep our collection agencies fully staffed". If anybody had told me that was the goal, I would have walked away FAST from any property in an HOA community."
I am confused. You have stated MANY times that you don't live in an HOA...but you have many investment properties in HOAs. Thus, let's not talk about when you bought your *home* if it's not in an HOA. Let's talk about when you bought your *investment properties*. Your argument over excessive fees is laughable. You mean fees you don't have to pay if you simply pay your bills on time? If I don't pay my bills on time, I expect to get hit with fees! This is why I pay my bills on time! I'm not about really to go crawling to the government to save me from paying fees when I caused those fees.
As for this article overall, can anyone show me a portion of legislation which Ms. Copening has voted for which benefits only Del Webb? If you can, there is a case for a conflict of interest. If not, there's just not a lot here to really discuss.
People always told me I needed to buy a house in an HOA neighborhood because they'd see to it my property values would never go down. So, how'd THAT work out for people in the last couple of years? People in HOAs should demand a REFUND for failed promises. For a country based on individual freedoms, HOAs are a throw back to being one of the masses - sheeple.
I have an hoa and I have been involved with 3 of them. This is the last time. I have been robbed and taken so many times by them. This time its just getting simple paperwork of what I have paid to them and they will not give it to me. And now this. I am looking to sell and my last house is not to be with hoa; or I will leave. And I have a job meeting out of state people who want to move here. I tell them to make sure there is no hoa then tell them the horror stories. They think twice about moving here. Copening is just one part of the problem here in Vegas. Its not only hoa industry. Its the culture of "I don't care". This is why this town is so transit. There is no community and the rich want to keep it that way. Its the attitude of "What can I get and not give anything" that this town has lived on for a century or more. That is the hoa industry. That is why Sandavol gets away with gutting the communties through education, busting the middle class, the rich get our money, the housing market is starting the flipping again, and no one knows nor cares because transit circling keeps the rich in control. Unless this "I don't care;something for nothing" attitude changes in both rich, middle class, and poor; nothing will change and the Copenings will always be here in power taking from us. I am tired of being a victim of Las Vegas. It is not them; it is us. Unless there is a way for Las Vegas middle class to reach the state government 400 miles north, we cannot do a thing. We do not have the money to get there so the rich hoa industry will win; unless someones with money cares. I don't see that happening because I have been here for 26years and this attitude has not changed. Its worse.
"Quoyn"
Nothing wrong with voicing your concerns and frustrations. However, nothing will get done unless you use your power of the vote. You can vote a person in office, and you can vote a person out of office. This is good example of a person that should be removed from office. Use your vote, and vote to recall Allison Opening. Dell Webb is equally at fault on honesty and integrity issues. Corruption is corruption.
If so many people living in HOAs are happy I would like to know why Senator Copening did not have ONE simple owner on her committee. She opted only for industry people, those claiming to be homeowners were CAI shills.
We that purchase into an HOA do so because we want to be in a nice neighborhood. We read and accept the CC&Rs at the time of purchase. It is all the bull that follows that causes the problems. The insane fines for stupid reasons, the uneven way violations are dealt out and the retribution against anyone who dares to fight back.
To the person who blasted Jonathan Friedrich, if you think you know so much how about telling everyone why he filed suit against the association. Does the fact that they didn't follow the law regarding budget ratification ring a bell with you? If not, do your homework sir before you attack someone!The cost to the association was the fault of the board, put the blame where it belongs.
HOAs have become a mammouth business for the lawyers, collection agencies and the managment companies. The sad thing is that CAI is pulling the wool over the eyes of the board and they are too dumb to see it. Meanwhile the owners keep paying and paying and paying and no one gives a damn.
So now the question is, is Allison Copening genuinely corrupt, or is she simply a weak-minded fool who is easily manipulated? Because frankly, risking her public image for a $40,000 job is a pretty sad effort at corruption. You kind of expect your corrupt public officials to hold out for more than that, unless they are lame and useless. I wonder if she was offered less because she is female? If so, we should protest that. Our corrupt officials should earn equal graft, regardless of their gender.
to longtimevegan:
I do vote and nothing changes.
Fausto - you are correct, I currently choose to live in a non-HOA community. If I lived in an HOA community, I would be afraid to speak out the way I do. These guys have ways of retaliating against homeowners who don't toe the line.
I'm not sure how you think my personal living situation discredits my opinion, or what relevance that has to this discussion. We are not talking about me. We are talking about Lifestyle Director Allison Copening.
What does a lifestyle director do, anyway? Does it involve planning parties? Perhaps these guys like to get together and sip cocktails and talk about ways to screw their constituents? I don't know, I can only speculate. It would be nice to know what her actual duties are. Is she even expected to show up for work in the morning? Does she do anything at all? Because if an HOA is paying her salary, then the homeowners in that community deserve to know what their money is being spent on.
Who is looking out for the Homeowner? It surely is not the HOA Industry who is getting richer by the day from people who make their living off the Industry and are supposed to be representing & protecting their constituents!
Many legislators are wooed by lobbyists who represent the HOA Industry with this Industry contributing to the campaign war chests of the candidates. Just follow the money.
Who does Senator Copening work for?
February 24, 2011 Mr. Randy Watkins Senator Copening's superior at Dell Webb Management Co testified before the Senate Judiciary Committee in favor of SB 174 just one of 7 BILLS Senator Copening is sponsoring this session all dealing with HOAs.
Mr. Randy Watkins a Vice President of Del Webb stated that HOAs are "Big Business".
The people who pay for all this are the homeowners They are also being subjected to many injustices at the hands of their Board of Directors and the HOA attorneys.The problems created deal with Bully Boards, Greed, Power Trips, Retaliation against homeowners, Biased Arbitrators and ruthless Collection Companies.
Who is taking all the money from the homeowners? It's the Management companies the HOA attorneys, the collection companies, and in Nevada its also arbitrators. Most of these individuals or companies are uncontrolled or find ways around the few controls that are in place.
I love how everyone thinks conspiracy. I love how this article attacks HOA's but where are the articles that are attacking the legislatures that work for the mining companies, or lawyers who represent the mining companies and many other companies.
Where are the articles talking about the legislatures that have filed bankruptcy and then are writing laws regarding owed moneys or have not paid their property taxes.
The fact is that HOA's are not an industry but homes within a community ran by the residents. This is the thing always forgotten. The homeowners elect their board which are homeowners and when the HOA is not working well for the greater community then you recall them and put someone in place that does well for them.
The truth is while we have unhappy people it seems like the greater majority want the rules and common grounds being maintained because we don't see riots inside communities, usually see people actually wanting the HOA to take care of the vacant home that is blight or be more proactive. I have seen many complaints posted that their neighbor has weeds that never get fixed. That is a homeowner that does not care and pulls down the rest of the neighborhood and for that reason the get fined, fix it and no fines, simple. Only the people that don't maintain their properties seem to complain.
Look at surveys and you do find the true figure, more people happy with HOA then not. For that reason regulate them but don't legislate them for the loud minority but protect the silent majority that does want well kept neighborhoods. Yes some non HOA areas are nice and some HOA areas are not so nice. It comes down to the collective whole of neighbors to be one way or another.
If the article was about speeding tickets everyone would be complaining about the blood sucker police that issue the tickets. But the majority of us want the police to set some order.
The Bills that Senator Copening has sponsored that have come forth are UNFRIENDLY to homeowners.
Senator Copenings BILL 254 which would drastically change how a complaint is filed with the Ombudsman's Office could result in a person being FORECLOSED upon & loosing their home!
Ms. Copening's SB 174 would allow a homeowner to be "convicted of misbehavior" and have to pay outrageous attorney fees. This draconian language would allow an HOA Board to hold a Kangaroo Court to define what "misbehavior" is & mete out "punishment". Just ask people who have been victimized by their Boards.
There are many other costly changes to a homeowner in this Bill, including making an individual
homeowner responsible for the repair & replacement of Community high retaining walls that are in areas such as Sun City Anthem or Summerlin. It would allow for "Secret Meetings". There are many other parts in this Bill of Senator Copening's that are harmful and costly to owners living in HOAs.
Senator Allison Copenings SB 243 deals with Collection Costs which are $150.00 less that what the Common Interest Community Commission had approved last December, but the Governor put a hold on this regulation. It must be noted that it took the Commission 22 months to write the regulation. The Legislature meets every 24 months. The Commission invited the Collection industry to propose what "Fees & Costs" they wanted in the regulation. The industry got most of what they wished for!
On the flip side there are 4 other Bills in both the Senate & Assembly which greatly reduce what a collection agency can charge. The collection companies get the lion's share of the money with the Associations only getting 9 times the monthly assessment. The collection companies selling point is that they DO NOT CHARGE the Associations any fees. They just charge outrageous amounts to the struggling homeowner.
Emmcor1- That's pretty good. Del Webb finds a way to bribe an official without even paying for it themselves. Instead they make up an unnecessary job and award it to a state senator, and they are not even responsible for her paycheck. They just tack it on to the expenses of an HOA and let the homeowners pay for it!
Using our own money to screw us is nothing new. In fact, it's a favorite tactic. It's kind of like the way they use our own money to sue us. They hire over-priced lawyers who can run up huge bills by delaying a case for years, and win or lose, it's always the homeowners who pay. ALL the money for this behemoth industry comes out of our pockets, and you have to wonder, what is this industry really doing for us? Are we getting any benefit at all for all this money we are shelling out?
This country is corrupt from top to bottom. Time for the next revolution.
Most of those that complain about HOA's are those with refrigerators on the front lawn, pink shutters, barbecuing in the garage and simply don't pay their bills on time...or at all.
Keep your property clean, abide by the rules, no garbage strewn around, pay your bills and you'll never even know you live in a HOA community.
It isn't rocket science. It's common sense upkeep of your property for the benefit of you and your neighborhood. When I hear people tell me about the "terrible" collection agency..that means that you have ignored your bills to the point where the person owed has to take a drastic step. Collection agencies are a last resort from billing you, calling you or getting you in some way to address the money you owe. Can't just throw your bills in the garbage.
Collection agencies are at times not the last resort for the HOA but the first resort to get rid of a homeowner who complains about HOA violations and yes HOA boards do violate the law & governing documents all the time. Say for example your payment is refused by the CAM or HOA , a violation of NRS & NAC , or the hoa does not cash your checks eventhough you have the receipts ! Hard to believe but it happens. It's called a non-judical foreclosure, no court no nothing except the honesty of the collection agency who wants to cash in and the hoa who wants you out. No checks No Balances. Regarding garbage : Sen. Copening stated I believe , SB222 , that her trash after a week in her garage in the summer does not smell ! Well using that same reasoning I believe she thinks her sh*t does not stink either and it shows. Please pardon my rather rude remark to her crazy statement.
TomD - Your argument is specious. I'm complaining about HOAs and I don't have crap on my lawn, and I am not behind on any bills.
HOAs are advised by management companies, and management companies are interested in exactly one thing: profit. They need to collect a certain amount of fines every month in order to meet their budget. It's all about the money. It's all about greed.
If people are not violating enough to meet the management company's ever-expanding budget, then they just make up new violations. They change the rules at will, and catch you on something you never dreamed was going to be a problem.
I've received violation notices for tire tracks in a muddy alley, for an ashtray on a picnic table, for a bit of wire sticking out under a closet door, for a bicycle on a porch, for outdoor furniture that looks like indoor furniture, oil stains in a carport, and my favorite, unlicensed cats.
Relentless enforcement of trivial or imaginary infractions does NOT improve a neighborhood. It turns neighbor against neighbor and makes everybody miserable. But that doesn't matter to the management companies. All they care about is the money, and if it is not coming in fast enough, they will make up even more trivial infractions to bludgeon homeowners with.
dgruber - your statement about fines for the management company meetings its budget is where you are wrong and don't understand how anything works. If any management company is taking a percentage of fines then they should be fired by the HOA.
Fines go to the general fund of the HOA which are all the homeowners and not the management company. HOA's should not be using fines as an income when they figure out their budget as they should be balancing the budget on assessments.
Then turning neighbors against neighbors take the time and be a board member to ensure better balance of rules or vote for someone that will. Management can run the association or the people can with the assistance of management. It all comes down to who is elected on the board and the basic guidelines they give to management.
Welcome to nevaDUH. Add a big #1 in political corruption to our list.
HOA bullying and very selective enforcement is why we left So. Highlands.
Forthetruth, have ever seen your complete community management agreement some like RMI have a 5% upcharge/commision or whatever you want to call it. 5% for anything done by the CAM. If there is a property damage claim for 50K the HOA pays 5% of the 50K to the management company. So it does happen or can happen not at all the time but sometimes at least. Regarding elections: we do not have the money to run and have already donated years on a committe. Some election years in my HOA require money. Can you believe who would spend dollars running for a board spot just to donate their time for free !!!! We have had mailings , websites and even office space rented for candidates. As you may have figured out only the hoa with money catch the eye of management companies.
Welcome to free market. Go to another management company that gives a better rate and does not charge the 5%.
Regarding money to run for the board, if you live among your neighbors they should know you. Perhaps in a big HOA money might be needed to get your name out but going door to door just takes some effort.
Yes a donation of ones time. But there are many people out there that donate their time and money everyday for no reason but for the better good of the community, if it is volunteering at a food bank or helping the elderly neighbor. Often people just want to make their community a better place and you can't do that by coming home pulling the car into the garage and closing the garage door behind you.
@dgruber - are you 100% sure that Del Webb is using HOA money to pay her salary? I don't see how that can be correct unless the entire Del Webb HOA board is corrupt. Our Management Company works for US - not the other way around - they DON'T get to spend OUR HOA funds without getting approval from the Board. They would NOT be allowed to just willy-nilly hire someone and then pay them from our coffer. Who is the Management Company for Del Webb - or besides being a Community Developer are they also a Management Company (that would be news to me). If a person lives in a planned community someone has to pay to fix the streets, someone has to maintain the common area grounds, someone has to replace burnt out street lights - the City won't fix the streets, maintain the grounds, change the lightbulbs.... so just who, if not the homeowners are supposed to do this and just who, if the thru HOA dues, is supposed to foot the bill? Any Management Company that doesn't recognize that they work FOR the HOA would be toast on my list. The Management Company can't (or they're not supposed to) operate outside the letter of the law BUT anytime an HOA is not happy with the job the Management Company is doing the HOA can 'fire' them and look for a new Company to handle their business.
Think this out now. We have a citizen legislature and as such, most if not all of them have real "jobs". Do you not suppose that other legislators vote on issues related to their professions, the professions of their friends and family, etc.? Of course they do!
I for one would prefer that a legislator with real knowledge of an industry be involved with crafting legislation which affects that industry.
As for eliminating HOA's, the government will never allow that to happen. Why would they, when it is the government that requires developers to build communities as an HOA.
Why? Money. It is the developer (and homebuyers) who pay for the installation and maintenance of the infastructure. The State and County collect all of those wonderful taxes, but have no obligation to maintain the roads, lighting, etc. The home in the HOA pays at the same tax rate as the home outside of an HOA.
I for one very much appreciate all that Sen. Copening has done over the past year for my HOA and all others in the State.
I had my car towed in an HOA hood I lived in. Got refunded every cent back that I paid to get the vehicle out of the tow lot. I was helped by a Special Agent that oversees towing companies. Seems that the HOA and towing company had a scam going. They would only tow at night and mainly on the weekends. It costs a lot more to get your vehicle out when it's towed at night and on the weekend (kickbacks going to the HOA) They didnt report my car towed for over 4 hours so Metro was looking for a stolen car. I thank that Special Agent with getting to the bottom of the story. I loved getting that check from the towing company. Sorry, I didnt even read the article but just saw "HOA" and fumed.
Diana Gruber:
"We are not talking about me. We are talking about Lifestyle Director Allison Copening."
But, you are NOT. Rather, sure you are attempting to NOW. You started off this reply as though you are affected by living in an HOA. You so clearly are not. You admit, you don't live in an HOA. The people you rent your investment properties to are, and they apparently can't follow the rules. That's a problem for you. That's why fines were imposed by the Board of Directors against your home and thus you. Your response was to come up with a name-calling website instead of work to change the rules or directors YOU don't like.
I would believe most reasonable people would try to deal with the Board of Directors who imposed those fines. If they could not reasonably work with those people, they would work to remove them from office and step forward to serve themselves. When I've approached you in the past about doing just this you blow the idea off. You simply continue to name call. Who's being unreasonable?
Just more unreasonableness, you have proceeded to (in replies to other articles) call those people who seek to make a profit "evil". Somehow, I bet you make a profit on your *investment properties* at University Crest. Somehow, that's not evil though. Odd.
Yes, Diana....you want to make this so much about other people...and yet it's simply so much about yourself.
Fausto well said.
Funny first so many people don't want anyone to make a profit but mean while their salaries are based on profit in the job they work. If that is a person at a supermarket or clothing store they are making money off of someone through the profit of the goods they buy. You want to buy food in a supermarket or clothes in a clothing store instead of raising your own food someone is making a profit off of you. Actually a lot of people are making a profit from the rancher or farmer to the distributor and packer.
People talk about the right of owning a home. Owning a home is a financial privilege and comes with additional responsibilities in upkeep. Investing comes with the same privilege and responsibilities. It is all good until the house that you are maintaining is surrounded by unmaintained homes and if you need to move can't sell it for what you bought it for because of the neighborhood, not because of the housing market.
Brian_D the tow companies are regulated by an agency specific to them. There are for sure bad tow companies out there as I have experienced rogue tow companies where I live. They were fired and being sued by the HOA on behalf of all us homeowners that were wronged. It all comes down to the Board and our HOA attempts to do right.
Are there some people that will never be happy, absolutely but our large area has the majority of the people happy. We don't need legislation that will affect us homeowners that like things how they are and don't want to be responsible for picking up the slack of the people not paying or be ill affected harm by the properties of blight in the neighborhood.
I wish everyone could be a courteous neighbor but then again I wish a pot of gold was at the end of every rainbow.
"She is hooked up with Big Business and she is a Democrat????"
-------------------------------
What? You think only republicans eat $1000 lunches? Geez...
Not ONCE in the entire article was the Senator's political affiliation mentioned. Let me save you a google search:
DEMOCRAT
DEMOCRAT
DEMOCRAT
SHE IS A DEMOCRAT
forthetruth - Fines as part of an HOA budget was documented by Darcy Spears, in her "HOA Hall of Shame" series. For example, the Summerlin HOA budget includes a projected $116,000.00 in fines for this year. That's a big number. If everybody in Summerlin behaves themselves, then how will the HOA meet their quota? It will be up to the management company to strong-arm the funds from residents, because their budget absolutely depends on finding someone guilty of something! Link is here: http://www.ktnv.com/story/13406544/hoa-h...
Fausto - I'm not sure what your point is, but if anybody would rather talk about me than Senator Copening, I'm willing. My story is here: http://www.universitycresthoa.com.
1) HOAs are made up of the people who live in them. If you don't want to live in an HOA don't buy a home that is in one. If you live in an HOA get involved and make your community better.
2) Senator Copening is my Senator and not Bob Beers , nuff said.
Ron,
"HOAs are made up of the people who live in them."
That's not really true. HOAs are made up of more than the residents of a community. The influeces on HOA communities include the profit-driven management companies, the Nevada Real Estate Division (NRED), the Community Associations Institute (CAI), lobbyists, lawyers, law enforcement, and apparently, Senator Copening.
"If you don't want to live in an HOA don't buy a home that is in one."
When you buy a home, nobody tells you about all those bonus people who are going to have a say in how things are run in your community. And nobody tells you how much of your money is going into the pockets of all those people.
Because that's a lot of people, and they are getting paid a lot of money, and where do you think that money is coming from? Whose pockets is it coming out of? And what benefit are we getting in return?
It sure isn't an improvement in property values, I can tell you that for sure.
To TalkingMan,
I have to assume that you are a product of the Clark County school system and as such, cannot read.
The second sentence of this article, "...Copening, D-Las Vegas..." indicates her political party.
dgruber of course the property value is not improving because we were over built by the greed of investors. Then the market crashed because of greed of everyone, investors and homeowners walking away. As well how much money do you pay to other people everyday when you go shopping, what do you do as a job as someone is paying for your services? Part of life that someone will be getting paid to do something. I can never understand this argument.
I know my area is better even in tough times because the HOA has given us things the city has not. Parks in the community that are well maintained and used by the families and the HOA has exercised its right to attempt to fix some of the worst of the properties. While we are taking a bath on the home prices I can't blame it on the HOA. And yes
Yes some walked away because of lost jobs and could not pay the bills anymore, but the fact that a large # walked away even though they could afford it did not help.
Yes , Del Webb does indeed have a community management company. The HOA here sent a RFP to them and they did in fact bid and are a finalist.
forthetruth - Do you know what does not help? Banning bicycles in my community. University Crest is student housing. It's on Maryland Pkwy, directly across the street from UNLV. I own 4 units. When I bought, everybody was so nice, everything was so laid back. Then FCCMi took over property management, and they banned a whole bunch of stuff, including bicycles. There are no bike racks, and residents are forbidden to have bikes on their patios or in their carports, or anyplace convenient and visible.
What is the point of banning bicycles in a student community? These kids are poor and most of them can't afford cars. They are already stressed out because of classes and tuition hikes. They don't need this additional bicycle stress.
I wish one of the important people watching this thread would call up Thomas Kelly at FCCMi, and tell him to lay off the bicycle violations. Give my tenants a break. They are good kids. Let them have their bikes.
In my opinion what we have here is a gathering of scumbags.
This goes beyond conflict of interest. It's dishonest. It's corruption. It's what is wrong with politics at every level.
The idea that HOAs can collect from buyers the past due bills from previous tenants should be illegal. The further idea that vulture collection agencies can tack on outrageous fees that aren't regulated just to pad their profits and legally get away with it is extortion.
I'm in the market for a home now. I'm just beginning to look and I'm glad I have learned the extent to which this theft has been sanctioned. I will not buy a home in an HOA under any circumstances. I would move first.
That this state senator didn't disclose her conflict of interest until asked is outrageous. That she didn't take the HOA job until after she was working on the HOA legislation should be enough to get her thrown out of the senate. She is nothing more than a lobbyist using her senate job to make money.
No one is likely to convince me that the two are not connected. Had she not been working on the legislation the job would have likely gone to someone else if filled at all. There is no doubt in my mind the HOA/collection cabal knew about her efforts and that is the only reason she was contacted and hired.
The whole group ought to be put behind bars. HOAs need to take their chances just like anyone else, lenders & buyers. That they think they should be exempt from risk and given state sanctioned tools to rip off buyers is wrong. If they go out of business so what? What other businesses have that kind of protection? If the grocery, the pharmacy, the tire shop, the plumber, the dentist can't collect what's due from previous clients, customers and patients, are they allowed to collect from future patients and customers and sanction collection agencies to rip off future customers and patients? Of course not. If I don't pay the garage that fixed my car assess fines and fees plus interest and past due amounts from the next guy that gets his brakes fixed or a tune up? Of course not. And raising prices to cover losses is not the same thing, no need to go there.
This is nothing but corruption top to bottom and all those involved should be run out of town... on a rail.
Crooked politicians in league with other crooks, thieves and bums. That's what we have here and nothing more, in my opinion.
Dgruber
When you buy a home with an HOA you sign the CC&Rs , you agree to them and become part of the HOA. The residents elect the members of the board of the HOA and the HOA hires the management company that handles and helps oversee the money and legal affairs of the HOA. HOAs are a form of government as such people that don't participate throw rocks from afar.
HOAs all over this town are forcing bank owned, abandoned properties to be repaired and maintained helping secure quality of life for those that chose to stay in their homes.
The HOA is a " secured " lien not like a credit card " unsecured " lien. Further HOA collection agencies do NOT purchase the lien so the only upfront costs and risks is the letters sent usually two or three hopefully certified so about 20 bucks max. Good investment 20 bucks for 5K on a secured lien too.
Amen , HOA's are a form of government. Please keep that thought when discussing HOA's power over the unit owners. As for abandoned properties , that's a good thing keeping them in a safe condition but let's not get carried away in the fees to do that good act.
I've seen more HOA failures than successes. I've always steered clear everywhere I've bought, learning from the problems others have. Too often, those who run for office and campaign for leadership are the problem. I have seen members feud with each other, sue the association and even each other. In one I'm very familiar with, one member hired an agency to spy on the members who disagreed with him and filed many frivolous suits. When he managed to be elected to a position he tried to use it to harass and harm those who didn't like the little Hitler.
If the HOAs would confine their activities to going after the owners (banks, defaulting mortgagee, etc.) and reasonable rules and enforcement I would have a different opinion. But they almost never do. They try to force their personal opinions on the owners and regulate their very lives. I've experienced the ridiculous rules on the height of trees and plants, the type of landscaping, overzealous denial of outbuildings otherwise legal and attractive and much more. I've seen personal political issues shoved down owners throats as restrictions. When some in my previous neighborhood tried to form and HOA I knew what was coming from attending neighborhood security and sanitary district meetings. One idiot told my neighbor to take down his flag pole and keep the America Flag out of site as "wearing your patriotism on your sleeve" offended him. There were many active duty and retired Marines living in the neighborhood so we all put up identical 20 Ft poles and flew the flag. Most put permanent lights on the flags to enable them to be flown 24/7 according to Title. I personally put up not only the National Ensign but the Marine colors and my wife and I planted a new garden in the front yard with red, white and blue flowers as a signal to him to shut up or take his yankee butt back where it came from.
HOAs are nothing more than little fiefdoms where local nit wits try to control others lives by enforcing their idea of what should be in the name of protecting property values. Urban twiterdom.
Well it's probably had to believe but in four hours this outrageous story provoked 73 comments which is probably a record. The reason for that to happen is because there are so many people who have been affected in one way or another.
There are some people who keep saying over and over again that it "only a small minority of malcontents who do not represent the whole picture, and all they are is slobs who want to destroy the community are just trying to mis-inform the public.
This basic FACT is evident;
The story authored by David M Schwartz is about CORRUPTION IN GOVERNMENT and any one who tries to misdirect your attention to that fact is probably motivated by the same twisted logic.
Just once I would like to see the Nevada Attorney General or the FBI take a good look into the money that flows from our pockets, through the Management Company's, and into the hands of contractors and lawyers.
If Sen. Allison Copening gets off the hook for this one, there's no hope. It will only prove that the corruption goes too deep to be operable.
There is a vocal minority anti-HOA movement taking place in Nevada. The truth of the matter is that most developments built today, and over the past ten years or more have been developed around the HOA model. Under this model homeowners who buy into a development agree by contract to adhere to requirements specified in the governing covenants of the HOA.
Homeowners elect a Board whose members have a fiduciary duty to the HOA with an obligation to act to maintain and increase property values in the development, ensure the right of homeowners to receive the benefit of "quiet enjoyment" to the use of their property, and to enforce the terms of the governing covenants of the development, including the HOA's rules and regulations.
There are essentially two broad categories of homeowners--those who do not want to be bothered by rules that govern their property's use. These are generally those people who are willing to tolerate semi trucks parked in their neighborhoods, weeds growing in their neighbor's front yards, or neighbors who park their cars in the street ,whether or not the cars are operational . If these conditions are not objectionable to you then you probably do not require an HOA development.
The second type of homeowner generally wants the aesthetic surroundings of his or her neighborhood to be maintained to some quality standard . If you are this type of person, an HOA development is probably for you.
The fact is that on a general basis, the HOA controlled development should in the long run do more to protect your property values and, is far and away the best model for maintaining the appearance of a community. HOA Boards must treat homeowners fairly and consistently in the way they perform their duties in these developments. HOA's and their Boards are strictly controlled by the Nevada Revised Statutes under NRS 116.
Good Evening Bob ,
I do not mean to sound rude but it is evident that you have never filed any sort of formal complaint with NRED or the Ombudsman. I agree with your last paragraph and wish it were true !!!!! But it is not. You have read NRS 116 and hopefully 116a and NAC 116 , 116a. That's the academic part but the real world is totally different. In fact I could live at ease if what you wrote above is reality.
I fell for the NRS 116 thing until the HOA tried taking away my home and they are still trying too. The HOA alleges non payment BUT I HAVE ALL MY RECEIPTS and now they do not cash my checks. NRED has my receipts too but they advise they have no authority to stop them.... The HOA wants me out because I complained about NRS 116 & NAC violations some of which their own attorney admits occurred but no harm no foul. The internet has documented cases of HOA abuse. The feds will hopefully be making arrests very soon of HOA board members.
Nonsense.
Yes, you do have to tolerate the other homeowners freedom and some are not as tidy as you would like. That is determined as much by the buyers selection of neighborhood as anything.
I've seen to many HOAs that don't treat the home owner with respect or even common sense. My wife and I did the landscaping for our son in San Diego in a very nice development to help them out. We are not professionals but my wife may as well be. The results were spectacular and as always the best around. We planted a Norfolk Pine in a very large pot with a sturdy moveable wheeled platform underneath to enable it to be moved from time to time. It was one of thousands of plants that were put in by the time it grew tall enough to notice from the street. Originally place beside the house to provide some nice looking foliage while the landscaping matured it was never intended to stay there. My son got a nasty letter from the HOA telling him the tree violated the height requirement for trees between homes. The supposed reason was that the height of the tree posed a hazard to the house next door. It was probably 9 or 10 feet tall including the pot. There were Bouganvillea and other showy plants almost as tall planted along the fence but they didn't care about them because they weren't considered trees. They threatened to fine him if it wasn't removed within a specified time. He took a picture of the tree showing the pot on the very nice looking platform to the HOA office and notified them that the tree wan't permanently planted that it wasn't in the ground and would be moved. They tried to make him get rid of it altogether until I visited their office, introduced myself as their landscaper and gave them my lawyers card with an invitation to continue the idiocy. They backed down as well they should have.
A friend who lives near the coast in NC is a member of the Coast Auxiliary and a CG certified Captain has a boat in a slip he owns in the Marina within the HOA controlled area got in trouble because he was giving his kids lessons in seamanship and sailing. Their rationale was that he was operating a business in a residential area not zoned for it. The battle went on for months and got nasty until John got himself voted in as President of the HOA. He then gathered his supporters, voted in changes to the rules and sued the offenders. I've seen too many nasty little Hitlers to ever consider an HOA. I'll choose my neighborhood carefully and accept a little freedom for my neighbor to protect my own. One can take pride in their property and improve it greatly without harassing his neighbors.
If this story is in fact true, it is a direct conflict of interest and we the public should not really be wasting our time or tax dollars on her. FIRE her and then she can go back to working for the HOA (AKA "Yard NAZI's") where she will be so appreciative of the job that the HOA gave her.
In the words of Donald Trump, YOU'RE FIRED!
Time to reign in the HOA's. HOA's should not be able to place any penalty on any property without a written verified notice of the infraction and required specific actions for remedy of the infraction. Collection Interest Penalties should be reasonable and listed as a lien on the property. No need to send collection agencies and force a foreclosure driving neighborhood home prices down further making the community Less desireable. Look at setting a high dollar limit on where Legal Action will take place, and Publish it.
HOA's should be required to sign off on any Home sale at the time the property is placed on the market. This would place all parties on notice what is requied for the HOA. Many states have rational, responsive HOA's, if corrupt Nevada cannot fix the problem its time to eliminate HOA's. Legislators not disclosing conflicts of interest should be subject to lawsuits.
HOA's are busybody groups, yes, but we voluntarily buy into them. Therefore the HOA groups are less of a problem than the elected busybodies in the state legislators and city council. I think people would sorely miss their HOA if it was replaced by the city council or state legislature.
I must say there are alot of us with horror stories like mine. From what I have been reading, they management companies and the lawyers involved want to keep us in the dark. Have any of you ever read CC&Rs and by-laws? You have to be a lawyer just to understand them. The more they stroke board members while fleecing the homeowners, the more they want more of our money. They treat us like dirt. Believe me. There maybe a few decent places here without an hoa and I hope I can find one. I refuse to buy another home with hoa in it. There is no organization or power to help us. The best way is to get out and not be in it. I pray for release and relief from my anger with HOAs and to find a home where I am not fleeced by these legal longsharks with their vigs who want to bleed us dry.
Pretty amusing to see the "don't tread on me" types falling all over themselves to justify the tyranny of management companies and HOAs. They get the vapors pondering gubbermint light bulb restrictions, yet have no problem at all letting the HOA dictate how they should live.
Oh, but for the horror of residents parking their cars--hyperventilating-- on the street!
Dale:
\
What is nonsense is that you would
junk the entire HOA model based of two examples
of unreasonable application of rules.
That's the same as junking all law enforcement
because in your life you have had two bad experiences with the cops. On balance HOAs provide a substantial benefit to society. As I said in my post above, they are not for everybody. If you don't like them live somewhere else.It's your choice.
After reading the last statement by Houstonjac, I don't think it could be any more obvious. I have heard that phrase one too many times. He said;
"If you don't like them live somewhere else."
The same old crap comes out of the mouths of the "Bully Board" members who are in control of Sun City Anthem in Henderson in Henderson. I have some bad news for all the arrogant people who think that way.
GET USED TO IT ----- THE "LITTLE" PEOPLE HAVE A FIRE STARTED AND THE TAR IS ALMOST READY !
Bob , my governing documents were written BEFORE NRS 116 existed !! I like my ccr's and purchased based upon them. Then later " they " created NRS116 and in some aspects were contrary to my ccr but the law over rode them. There was no warning that these documents could change without the required 2/3 vote of the unit owners. Further there was no warning that I would be subject to the personalties of the board. It is not like buying a home under the approach or departure end of LAX within 4 miles and then complaining about the noise and pollution. Now if you purchased a home in Inglewood BEFORE they built LAX then complained about noise AFTER they built LAX well you know.. As far as unreasonable application of rules your example is correct assuming the unreasonable part does not grow or increase and with HOAs the trend is increasing and now HOA's want even more power withOUT any checks or balances. If I could move I would but well you know how things are now with rel estate and the economy.
Dgruber, you must have lived in the same neighborhood I did. My neighbors were cited by the HOA for having an oil stain in their driveway that was left by the builders own repairman. They bleached it out and were cited again. I have gotten a "violation" letter for not replacing burned out light bulb in a dusk to dawn light fixture outside my garage. And your right it turns neighbors against each other with the mentality of if I'm gonna get cited for this then I'm gonna turn my neighbor in for that. We tried to overthrow our Board of Diretors when a large group of use showed up at the Annual Board of Directors meeting and they cancelled the election. I got so disgusted I finally moved out. I put a "for rent" sign in my yard and got cited because it was supposed to say "for lease". I was told "for rent" sounds cheap. I told them to take that sign and shove it where the sun doesn't shine. Finally sold the place and couldn't be happier.
Vote out your HOA board members! Make the change. We did it here. I got on the board and wore out a box of pens using the 'line item veto'! Now its actually a normal place to live! Let your property management companies know that they can and will be replaced. Only agree to 'year to year' contracts. The homeowners have the power, you CAN change it!
I hope that a thorough investigation of Senator Copening and all her Steering Committee is done. The blatant conflict of interest is something that her bias will not uncover.
We have owned several homes over the years. Sure, there are people who want to do whatever, whenever on their property. We were unlucky enough to be next door to one of these neighbors for a number of years. When we were moving, we sought out a community within an HOA. Junk cars, trash on the lawn, and unkempt homes are not allowed in an HOA. There is nothing wrong with wanting to maintain a pleasant neighborhood; our HOA does that. Please, if you do not care to abide by the CCR's of your potential HOA, do everyone a favor: do not buy a home there. Should it happen that your board of directors is not being fair to all homeowners, then vote them out; by the way, the homeowners can call an election at any time to do just that. If you cannot get a new election, go directly to the Ombudsman's office at (702) 486-4480 or Toll Free Phone (877) 829-9907.