Ex-executive among 11 indicted in Las Vegas HOA case
Another shoe fell today in the valley’s huge Home Owners Association scandal. The feds have indicted 11 more people in the long-running scheme to take over homeowner associations and funnel construction defect work to a law firm and construction company. Among the 11 indicted is Leon Benzer. the former owner of Silver Lining Construction, who, the feds claim, was at the center of the scheme to earn millions.
LAS VEGAS (AP) — An ex-construction firm executive and two lawyers are among 11 people indicted in Las Vegas in an ongoing federal probe of southern Nevada homeowner associations steering business to favored attorneys and businesses.
Former Silver Lining Construction Co. chief Leon Benzer and attorneys Barry Levinson and Keith Gregory face conspiracy to commit mail and wire fraud and other charges in the U.S. District Court indictment handed up Wednesday.
Benzer is the accused leader of the scheme. He’s named in all 17 counts.
The indictment comes after 28 other people including property managers, a political consultant, community board members, attorneys and police officers have pleaded guilty since August 2011 and agreed to testify in the case.
Benzer’s attorney didn’t immediately respond to messages. Efforts to reach Levinson and Gregory were unsuccessful.
Loyal Dog Waits 30 Minutes for Master to Be Rescued from Freezing River
This loyal pooch waited 30 minutes for the rescue of his owner (photo: AP Photo/The Grand Junction Daily Sentinel, Dean Humphrey)
As if there wasn’t enough evidence that dogs are just plain awesome, now comes the news that a man’s loyal dog waited and watchedfor 30 minutes as the fire department rescued his owner after he crashed through thin ice on the Colorado River.
The unidentified 60 year-old-man and his canine companion were out on the banks of the river for an afternoon of duck hunting. The man fell through the thin ice when he walked onto the ice to retrieve a duck.
Nearby hunters witnessed the accident and called 911. But while they waited for help, the man’s dog refused to leave the scene. Like a worried relative in the waiting room, the dog paced back and forth, trying to reach the man, who repeatedly waved the dog off, fearing for its safety.
This story is just one of many heart-warming tales of animals who put their lives in danger to protect their owners. So, seriously, why are dogs so heroic and awesome?
“This is simply who dogs are,” Dr. Karen Overall, an Animal Behavior expert, told Yahoo! Shine. “We have had a close, cognitive, emotional and working relationship with dogs for tens of thousands of years, and we have both been changed by that history. Dogs are heroic to us because they live up to that relationship.”
“Dogs are genetically primed to bond with people,” Dr. E’lise Christensen Bell, a board-certified Veterinary Behaviorist, told Shine. “Thousands of years of domestication coupled with a loving, healthy family can create a bond that can’t be stopped by mere ice or near drowning.”
When help arrived, a firefighter swam out on a board to rescue the man, who was clinging to a piece of ice with one leg exposed in the 14-degree weather. Out of the water, the man was treated for hypothermia.
Just after Christmas, the Colorado Springs Gazette issued a warning about thin ice to “people and pets alike.” Capt. Nathan Mascarenas with the Fountain Fire Department told the paper that “the ice out there will not hold,” and emphasized that both children and pets should be kept off the river.
Luckily, this story had a happy ending. Back on solid ground, the man and his loyal friend were reunited. But many people are not so lucky.
In Madison, Wisconsin, there were three deaths caused by thin ice just after the New Year. Department of Natural Resources conservation warden Todd Schaller had several pointers on ice safety. If you must venture out, look for clear ice, which is generally stronger than ice with air bubbles or ice covered in snow.
All safety tips considered, there’s something to be said for having a companion who is genetically predisposed to want to protect you against all odds. Did we mention we love dogs?
Written By: Jessica Ferri in Pets Publish Date: Wed, Jan 16, 2013 1:46 PM EST Published On: http://shine.yahoo.com/pets/loyal-dog-waits-30-minutes-master-rescued-freezing-184600112.html
Indianapolis Creates Efficiency Teams to Study Public Safety
INDIANAPOLIS - The City of Indianapolis announced the creation of efficiency teams aimed at improving the Department of Public Safety.
Mayor Greg Ballard, along with DPS, made the announcement Tuesday. The city wants to make DPS more effective, efficient and transparent to the public.
The teams will evaluate current DPS infrastructure. That includes Indianapolis Metro Police, Indianapolis Fire, Department of Homeland Security, Animal Care and Control, Indianapolis Emergency Medical Services and Public Safety Communications. The teams will also analyze budgets, daily operations, administrative processes, staffing and resource allocation.
“The purpose of the efficiency teams is to provide a means of responsibly, effectively and efficiently reshaping and redirecting the components of the DPS, and we also believe this should be a transparent process to best serve our employees and the community”, said DPS Director Troy Riggs. “We’d be remiss if we didn’t take advantage of this opportunity for internal review and assessment.”
The first four efficiency teams are the DPS Business Plans Team, the Police Morale Team, the DPS Vehicles Team and the Police Personnel Allocations Team, which will review IMPD’s current staffing model and develop a strategy to optimize the number of sworn officers in patrol functions. Those teams will meet Wednesday. Another six teams will get started in the second quarter of 2013, with additional efficiency teams being formed as needed throughout the rest of the year. The first four teams are expected to present their recommendations by June 1, 2013.
The efficiency teams will be comprised of city and public stakeholders, and may include representatives from the community, City-County Councilors, the Mayor’s Office, the Marion County Prosecutor’s Office, DPS employees, and other relevant stakeholders or experts.
If you have a complaint or suggestion, you can email it here.
You can follow the teams’ progress here.
Posted On: http://www.wthr.com/story/20650569/indianapolis-creates-efficiency-teams-to-study-public-safety Posted: Jan 22, 2013 3:21 PM EST Updated: Jan 22, 2013 3:21 PM EST
13 Investigates: Homeowners Associations
JENNINGS COUNTY - More than 62 million Americans live in homes governed by a Homeowners Association, and many of those homes are here in Indiana. While HOAs can enhance your home’s value and protect your investment, they can also lead to a neighborhood’s demise. Why are some HOA neighborhoods literally crumbling? 13 Investigates shows you what happened, and what steps you can take to prevent a HOA nightmare.
Ray Meador owns waterfront property in southern Indiana.
His retirement home sits along a picturesque lake in Jennings County – a quiet, scenic spot that Meador describes as love at first sight.
“When I drove through here the first time, it was just beautiful,” he recalls. “This place was great. People were jolly and having a ball.”
The Country Squires Lakes subdivision doesn’t seem jolly anymore. Take a short walk down the street and around the block from Meador’s home, and you’ll understand why.
Burned out houses. Piles of trash. Weeds the size of mailboxes. A neighborhood plagued by neglect and severe disrepair.
It’s not at all what Meador expected when he moved in.
“This area is a blighted area compared to what it was ten years ago,” Meador said, shaking his head in despair. “It really went downhill fast.”
Broken promises
Country Squire Lakes, which locals refer to simply as CSL, is one of the largest subdivisions in Indiana. With almost 4,000 lots spread over 1400 acres, it’s bigger than some cities.
It was built in the 70s as a private, secure family resort community featuring boating, fishing, beaches, tennis, hiking trails, and swimming pools. Advertising materials promised residents “the good life” and brochures claimed an “investment in tomorrow” would “assure a lifetime of fun and happiness.”
That’s not what Meador and other CSL residents got.
Hundreds of CSL homes are now vacant or abandoned, lots are overgrown, the marina is empty, the lake is full of algae, the bath houses are closed, the roads are crumbling, the beaches are littered, the hiking trails are no longer recognizable, the guard house is locked and the guards were laid off years ago.
And at the center of Country Squire Lakes is an Olympic-size community pool filled not with crystal-clear water, but with chunks of broken concrete, mud, dirty rain water, weeds, frogs and trash. What’s left of the pool sits behind a locked gate and a badly-vandalized bath house where a sign reads “the pool will be closed till repairs can be made.” The sign has been posted for years as the pool has sat as a community eyesore. But residents are still paying for the pool through annual assessments from the CSL neighborhood association.
“I’m disgusted, heartbroken,” Meador said, looking through the chain-link fence that separates residents from what they refer to as their “pool of shame.”
His dreams — and his investment — have taken a serious hit.
“Property values, a lot of them are half what they used to be,” Meador said. “Some of these [lots], you couldn’t give them away.”
HOA failed early
The CSL Homeowners Association was supposed to prevent that. Over the past 40 years, it has collected millions of dollars from property owners like Meador to protect and maintain the community.
So what happened to all that money?
13 Investigates visited the CSL main office to ask, but the office manager declined to talk. Instead she closed the blinds and, through a glass window, directed WTHR to speak to a property management company located in Indianapolis.
Jesse Angel, general manager of Elite Property Management, told 13 Investigates he was hired by CSL to clean things up. He admits that will be a monumental task.
“That neighborhood needs a lot of help. The people who live there are in a very bad situation. I feel disheartened and sad for them. It’s not a community you want to come into on a day-to-day basis and feel happy you live there,” Angel said.
According to the property manager, CSL residents and board members began fighting over the direction the community should take. Many residents stopped paying their dues and assessment fees. At the same time, the homeowners association neglected to collect fees and stopped enforcing many rules spelled out in the community’s regulations and covenants.
The result: lots of problems and little money to fix them.
“Right now, CSL sits on about $3 million of uncollected money that we have tied up in lawsuits or bankruptcy court. A lot went wrong before people finally started standing up and going ‘what’s going on?’ explained Angel. “I believe this HOA failed early on and they’ve struggled to figure it out for many years.”
Earlier this month, just a few days after 13 Investigates visited CSL and met with its property manager, CSL decided to bulldoze its Olympic-size pool, burying what was once a centerpiece of a thriving neighborhood with hundreds of tons of dirt.
The eyesore is gone. Residents’ financial responsibility is not.
Angel told WTHR he is now entertaining proposals to build a children’s water park at CSL. He did not say where funds for such a water park would come from.
Playing by the rules
Around central Indiana, there are plenty of HOA success stories … homeowners associations that help manage beautiful neighborhoods with waterfalls, manicured lawns and lots of activities.
But living in those neighborhoods means playing by the rules.
Joe Plankis is president of the Centennial homeowners association in Westfield. He says Centennial residents face lots of restrictions, from the color of their houses to the size of their fences to the placement of their flowerbeds. Plankis says he looks for HOA violations as he drives around the neighborhood.
“Above-ground pools are not allowed. Sheds are not allowed at all. No boats in the driveway. No trailers in the driveway. We don’t permit overnight street parking. If you have a weed problem or a grass problem, then we’ll go in and cut it and bill the homeowner for it,” Plankis explained. “I say to those who don’t want to maintain their property, you can move and go move somewhere else.”
Centennial homeowners pay $760 in annual dues. In return, they get neighborhood swimming, basketball, baseball, soccer, a sledding hill, community garden, a dog park and lots of inviting green space — all maintained by the homeowners association.
“Our main mission is to preserve the property values of the homeowners in the association,” Plankis said. “When you have a [HOA] board that’s lenient, you lose the character of the neighborhood, the conditions deteriorate and then the property values drop.”
Another pitfall for homeowners associations … failing to plan ahead for long-term care and improvements.
The Austin Oaks subdivision in Zionsville is now approaching 15 years old – a time when homes and neighborhood infrastructure begins to require increased maintenance and expense. The Austin Oaks Homeowners Association has been setting aside reserves to plan for that.
Decorative signs throughout the neighborhood are now being replaced, and the HOA president says residents may soon see a small increase in their $180 quarterly dues to help pay for pool, tennis court and clubhouse maintenance that will be necessary in the years ahead.
“I think people buy into a neighborhood like this because they want to maintain value, so they understand the need for occasional increases,” said Austin Oaks HOA president Rob West. “This really is a comfortable place to live, and we want to keep it that way.”
Shaky repairs, shaky finances
At the Pointe Retreats neighborhood near Bloomington, failure to plan ahead has taken a costly toll.
For years, residents have been complaining the 80-unit condo community, surrounded by golf courses and lakes, is literally falling apart.
“Anytime anyone walks up the steps, I can be in my living room which is in the back of the building and the whole building will shake,” said Craig Terrell.
Condo owners showed WTHR broken stairs and decayed railings, leaking roofs and crumbling parking lots. They say when the HOA does make repairs, it cuts lots of corners with cheap labor and materials.
“This is new construction, but there’s a nail and it’s not going anywhere,” said Mary Baynes, pointing to a cracked and broken handrail leading to the front door of her condo. “My dog can easily fall through that [hole].”
After WTHR began investigating last summer, the homeowners association began replacing roofs and making some minor repairs, but most of the problems still exist.
Around every corner, residents point to deteriorating wood, broken concrete and badly faded paint. They wonder what’s happening to the hundreds of thousands of dollars in dues they’ve paid to their homeowners association.
“We can’t figure out where the money is going. All we know is they keep asking for more of it,” said Terrell.
“We have a concern because our understanding is that the homeowners association is out of money,” Baynes added.
Susan Slaven, president of the Pointe Retreats Homeowners Association, admits the HOA checkbook is running very low.
“The funds are not there that we would hope to always have,” Slaven said. “But you know, there’s only so much money you can work with. I mean this is expensive stuff. It’s not just something people can just pull out of their handbag and say ‘Here’s my credit card.’ This is expensive.”
Mistakes = sudden fee increases
Slaven says she took control of the HOA board after the former president abruptly resigned last summer. She says previous board leaders didn’t plan for upcoming expenses, leaving the HOA with little money to make major repairs.
Now Pointe Retreats homeowners are facing consecutive 20% fee increases in the form of higher dues and an annual assessment to pay the repair bills, and it will take years to make things right.
“Things wouldn’t be this way if there had been assessments,” said Slaven. “With these [condo buildings] getting older, that really should have happened a long time ago.”
The management company representing Pointe Retreats says the community’s former HOA leadership made another mistake by signing a long-term contract with one contractor to do many different jobs.
“The homeowners association tied the hands of the future [HOA] board and the management company by hiring one company to do all the landscaping and maintenance,” said Sharon Dalton, owner of Pegasus Properties.
Financial records show the HOA hired that one company for snow removal; painting; deck, stairway and walkway construction; mowing and landscaping; and roof replacement.
“I can tell you that company has been terminated,” Dalton told WTHR. “We brought in separate companies to come in and do quality work.”
The switch occurred after Pointe Retreats homeowners began asking questions and demanded to see financial records for the work performed.
Steps to take now
The lesson: if you belong to a homeowners association, ask questions and get involved – and do it sooner than later!
“Every HOA needs to have involvement from everybody who lives there,” said Angel. “You can just drive in and out the neighborhood every day and assume things are going to be OK.”
Property management experts recommend all homeowners who live in a neighborhood governed by a HOA take these important steps:
Regularly attend your neighborhood’s HOA meetings. Some HOAs formally meet once a year while others meet several times each month. Get a list of your HOA scheduled meetings, attend meetings and get to know your neighbors who are on the board. This will not only help you to stay informed of HOA decisions and neighborhood issues, but will also help if you should ever have your own concern to bring to the HOA’s attention.
Carefully review budgets and expenses. Make sure the numbers add up. Look for expenses that seem odd, too vague or don’t make sense. If necessary, ask for clarification to make sure you understand how your money is being spent.
Elect qualified board members. This again means getting to know your neighbors who are running for positions and, of course, voting during HOA elections. Choosing unqualified candidates can cause big trouble. An HOA election should not be a popularity contest. The financial well-being of your neighborhood is at stake.
Volunteer and join the board yourself. Some board positions are elected (in many cases uncontested due to a lack of interest). Other positions are appointed. If you have the time and interest, volunteer for a board position or for a committee assignment to help shape the decisions of your neighborhood.
Know your neighborhood rules and restrictions. You are bound by the covenants of your HOA. Those neighborhood rules have the weight of law. Not knowing the rules is not an excuse for breaking them. If you don’t like the rules, make sure you are taking the other steps listed above.
Homeowners rights
If you break the rules of your homeowners association, be prepared to hear about it.
Most HOAs contract with a property management company to enforce the rules, and that usually begins with a letter in your mailbox.
“We don’t physically go knock on doors and harass our residents. That’s not what we signed on for and not what we do,” explained West. “If there is a repeated problem, our [property] manager will send a letter explaining the concern, and the concern is usually addressed right away.”
If you receive a letter alleging a violation of HOA rules and believe you are wrongly accused (or that the HOA is overstepping its authority), West recommends you contact the property management company or HOA president and calmly discuss it.
If the situation cannot be resolved, take a another close look at your HOA covenants and restrictions, and decide whether it’s worth your time and expense to fight.
“For most of these cases, court is not the way to go,” said Phil Nicely, a longtime real estate attorney in Indianapolis. “As a practical matter, the best way to proceed with an overzealous HOA is to get a new board of directors. If they are not doing their job, get the people out that are running the association and vote some new ones in that are more reasonable.”
Last year, Indiana lawmakers passed a new law that allows Hoosiers to hold their HOAs accountable for acts of mismanagement and fraud. The law allows the attorney general to file legal action against a HOA and its board members that engaged in illegal or fraudulent activity. The AG may seek injunctions against illegal conduct or seek restitution and civil penalties of up to $5,000 per violation.
Indiana’s attorney general applauded the new law.
“Because they impose fees on and require certain things of residents, homeowners associations exist almost as their own form of government,” attorney general Greg Zoeller said last summer. “Therefore it is appropriate that they be publicly accountable and subject to review.”
The new law was triggered by complaints from Ray Meador and what was considered to be highly questionable funding allocations by the CSL Homeowners Association.
Residents at CSL and at Pointe Retreats say, so far, the attorney general’s office has not been willing to assist them further by actually pursuing a legal case against their HOAs.
“They haven’t done a thing for me,” Meador said.
So he decided to fight back on his own.
Legal setback for HOA
Meador decided to take the CSL Homeowners Association to court, claiming the HOA violated its obligations to homeowners by not enforcing restrictions and by not providing services and amenities promised when residents first purchased homes and moved into the neighborhood. Meador argued he should not be required to pay his HOA assessments for services he was not receiving.
To the surprise of the HOA and many legal experts, the judge ruled in Meador’s favor.
For now, Meador does not have to pay hundreds of dollars in assessments. CSL is appealing the ruling.
“I don’t see any way possible the court of appeals would uphold this ruling,” Angel said. “I’ve never seen anything like that.”
If the ruling is upheld, it could set an important precedent that impacts other residents at CSL and at thousands of other homeowners associations around the state.
Resources
According to the Community Associations Institute, there are more than 314,000 homeowners associations in the United States, impacting more than 62 million people. The following resources are for those who currently live in a HOA or who are considering moving into a neighborhood governed by a HOA:
Questions before you buy a home in a community association
130 tips to guide you and to ensure that your community association experience enhances your life and your community
Indiana Law Regarding Homeowners Associations
What to Know About Homeowner Associations
What Homeowners’ Associations May Regulate
Homeowner associations: Devils or angels?
10 Things a Homeowners Association Won’t Tell You
Written By: Bob Segall Posted: Jul 23, 2012 9:45 PM EDT Updated: Sep 19, 2012 1:51 PM EDT Posted On: http://www.wthr.com/story/19094292/13-investigates-homeowners-associations
“No Dogs” Policy Did Not Violate Fair Housing Act
Sun Harbor Homeowners Association, Inc. v. Bonura, No. 4D10-3038, Fla. App. Ct., June 13, 2012
Federal Law and Legislation/Covenants Enforcement: A Florida appeals court ruled that a homeowners association did not violate the federal Fair Housing Act’s disability discrimination provision by enforcing its “No Dogs” policy.
Vincent Bonura owns a townhome in Sun Harbor, a community in Broward County, Florida. In 1997, the Sun Harbor Homeowners Association’s (association) declaration was amended to enact a “no dogs” policy. Bonura purchased his townhome after the amendment was adopted.
In 2009, Bonura’s fiancée, Natalie Vidoni, moved into his townhome with her dog. The association sent Bonura a letter advising him that the dog violated its policy. Bonura responded that the association was misinformed and that no dog was living in his residence. After other residents reported the dog was living in Bonura’s townhome, the association sent another letter demanding the dog be removed within 25 days.
Bonura subsequently admitted in a letter to the association that his fiancé’s dog was living in his townhome, but that it was a “registered service dog” needed to assist his fiancé with an unspecified handicap. The letter included a “Registered Service Dog” certificate purchased from an online vendor.
The association promptly advised Bonura in writing that he needed to make a formal request for accommodation at the next scheduled association meeting. The letter explained that he would be required to provide evidence that his fiancé suffered from a medical handicap and demonstrate how the dog would reasonably accommodate that handicap. He would also be required to show that the dog had special skills or training that would set it apart from an ordinary pet.
Bonura did not request an accommodation, but the parties subsequently participated in unsuccessful mediation proceedings. When an agreement couldn’t be reached, the association sued Bonura to enforce the policy.
Bonura filed a counterclaim, alleging the association violated the federal Fair Housing Act (act) by failing to make a reasonable accommodation to Vidoni’s handicap. The court ruled in Bonura’s favor, finding that Vidoni was a disabled person as defined under the act. Accordingly, the court ruled that she was entitled to keep her dog. The association appealed.
The association argued on appeal that Bonura had made no request for accommodation before the suit was filed. Thus, he could not demonstrate a request and denial of an accommodation, which is required to make a claim under the act. The association also asserted that there was neither substantial, competent evidence that Vidoni suffered from a disability, as defined in the act, nor evidence that the dog was a qualified service dog.
The act defines “handicap” as “. . . a physical or mental impairment which substantially limits one or more of such person’s major life activities. . . .” Federal regulations interpret “major life activities” as “functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.” The appeals court observed that the duty to make a reasonable accommodation does not simply spring from the fact that the handicapped person wants such an accommodation to be made. A plaintiff must first establish that, at the time the accommodation is requested, the handicap exists. Once the handicap is established, a violation occurs if the disabled person is denied a reasonable accommodation. Without the denial of an accommodation request, there is no discrimination under the act.
Bonura argued that evidence of Vidoni’s handicap was presented in letters sent to the association in March and May 2009 by his attorney, the medical testimony at trial, and Vidoni’s testimony during mediation. Furthermore, he asserted that the association’s refusal to accommodate was evidenced by the failed mediations.
The association maintained that neither letter provided by Bonura contained any evidence of a need or request for an accommodation. It further contended that the medical testimony did not support the statutory definition of a handicap. The association further argued that the communications taking place during the mediations were privileged and barred at trial.
The appeals court concluded that the letters failed to establish Vidoni’s handicap and the trial’s medical testimony didn’t establish a handicap. Reviewing the record, the court found no evidence that indicated a substantial limitation on one or more of Vidoni’s major life activities. Based on this, the court reversed the trial court’s order and remanded the case for entry of judgment in the association’s favor.
©2012 Community Associations Institute. All rights reserved. Reproduction and redistribution by CAI members or nonmembers are strictly prohibited.
500 Festival Seeks Volunteers Ahead of May Events
INDIANAPOLIS (WISH) - The calendar may say January, but organizers for the 500 Festival are already looking toward May. They’re recruiting volunteers to help run the month-long community events, including the Mini Marathon and the annual parade.
Individuals, families, companies and community groups can sign up to help on the festival’s Website . Volunteers will receive a 500 Festival T-shirt and pin.
Updated: Thursday, 10 Jan 2013, 10:11 AM EST
Published: Thursday, 10 Jan 2013, 10:11 AM EST
Published On: http://www.wishtv.com/dpp/news/local/marion_county/500-festival-seeks-volunteers?ref=scroller&categoryId=10011&status=true0
Arts, Culture Trail Expanding
Ann Lankford of Homestead Primitives in Martinsville paints a gourd in her shop, one of 13 new Morgan County locations on the Rural Routes to Main Street Cultural Trail. (Provided photo / Hendricks County Convention and Visitors Bureau)
DANVILLE, Ind. (WISH) - A tourism feature in Hendricks County promoting local art, farms and more has been so successful, it is expanding into neighboring Morgan County.
Since Rural Routes to Main Street Cultural Trail, a self-guided driving tour, has been in place, visitor spending has increased, said Hendricks County Convention and Visitors Bureau, and art galleries have gained in popularity.
This coming year, a new Morgan County loop will be added, featuring sites such as a honey farm, candy kitchen and a Cajun hot spot, thanks in part to a grant from the Indiana Office of Tourism Development. That will bring the number of participants to 24, HCCVB said, and eight other sites will be open during the second Saturday of each month.
Hendricks County features include a brewepub, bakery, winery, the county historical museum, several art galleries and more. The Morgan County features also include a winery, an antiques market and more.
Three events also promote local arts and culture: ArtsGo! in the spring, Artisan Marketplace in the fall and Holiday Open House in early December.
Updated: Tuesday, 08 Jan 2013, 2:39 PM EST Published : Tuesday, 08 Jan 2013, 2:39 PM EST Published On: http://www.wishtv.com/dpp/news/local/west_central/arts-culture-trail-expanding
Assessment to Fund Repairs is Proper and Valid
Lowery v. Allenmore Ridge Condominium Association, No. 41571-2-II, Wash. App. Ct., Oct. 2, 2012
Assessments/Powers of the Association: A Washington appeals court affirmed a finding that repairs to a condominium building for water intrusion damage did not require the approval of unit owners.
Ray Pederson owns a unit in Allenmore Ridge, a condominium in Tacoma, Wash. The community is governed by Allenmore Ridge Condominium Association (association), and its declaration empowers the association to pay for maintenance and repairs out of the common expense fund.
In 2006, the condominium suffered significant water damage. The association retained a project engineer to install a $2 million “rain screen” to replace the deteriorating building envelope (the physical separator between a building’s interior and exterior environments). A special homeowners meeting was held to discuss the project and to introduce the homeowners to the project manager and general contractor.
Before the meeting, the association issued a “Notice of Members Meeting,” which informed members they would be provided with consent forms that stated each member’s proportionate share of the special assessment for repairs, which was estimated to be $4.2 million. Although the board ultimately concluded it didn’t need 75 percent of the homeowners’ approval to levy the assessment, it nonetheless sought homeowner approval because it would be a “better way to go.”
The consent forms were distributed to members on December 5, 2006, and were due by December 31, 2006. Although the board did not receive signed consent forms from 75 percent of the owners by December 31, 2006, it continued to collect consents after the deadline and eventually received approval from more than 90 percent of the owners.
After the project had begun, the general contractor discovered extensive, unanticipated water damage to the buildings. He submitted change orders, which were approved by the project manager, before performing additional repairs and replacements. Ultimately, the project cost $1.2 million more than the original estimate and took approximately three years to complete.
In 2008, the board held a special meeting to vote on an assessment to fund the additional construction costs. It failed to obtain the 75 percent member approval rate required by the lender, and the lender refused to advance the funds to finish the project.
After the lender’s refusal, the association sued Ray Pedersen and several other owners, alleging they failed to pay their initial assessments. Pedersen filed a counterclaim, seeking a declaration that the association lacked authority to collect the assessment. The association moved for summary judgment (a determination made by a court without a trial), which the court denied because there was an issue of material fact (a disagreement between opposing parties on facts legally relevant to a claim): it was unclear whether the construction project was a repair, which did not require approval of 75 percent of the unit owners, or a capital addition, which did.
The association filed a renewed motion for summary judgment on the alleged voting requirement. It argued that the rain screen installed during the initial construction was a repair, and the necessary owner approval had been obtained, making it irrelevant whether the rain screen was a capital improvement. Pedersen opposed the motion, arguing that the association did not have authority to enter into the construction contract or impose the initial assessment.
The association sought summary judgment against Pedersen for his unpaid assessment. Pedersen responded that the association breached its fiduciary duties by making misrepresentations to the unit owners, failing to obtain the necessary owner approvals for levying the assessments and improperly allocating the assessments.
The trial court granted the association’s motion for summary judgment against Pedersen. The court found no issues of fact and believed the assessment was appropriate. The court ruled that Pedersen did not have standing to oppose the association’s motion for summary judgment because he had not paid the initial assessment. The court also ruled that the association was not negligent, did not breach its duty in the way it managed the restoration and repair project—including not requiring approval from 75 percent of the homeowners—and the declaration did not require the association to obtain approval for the project’s necessary obligations or overage costs. Accordingly, the trial court dismissed Pedersen’s counterclaims. Pedersen appealed.
On appeal, Pedersen argued that the trial court erred when it concluded that he did not have standing to challenge the assessment because he had not paid the assessment in full. Since the trial court had ruled that the assessment was proper, the appeals court declined to address his argument.
After reviewing depositions of unit owners who testified that the restoration project was necessary, the appeals court concluded that the project was a necessary repair authorized by the declaration. Because there was no issue of material fact that the project was for the repair and restoration of the condominium, and the board was not required to obtain member approval, the trial court did not err by granting summary judgment to the association.
The trial court’s judgment was affirmed.
©2012 Community Associations Institute. All rights reserved. Reproduction and redistribution by CAI members or nonmembers are strictly prohibited.
Indiana Attorney General Greg Zoeller, state Sen. Pete Miller want more cops in Indiana schools
Indiana Attorney General Greg Zoeller and state Sen. Pete Miller, R-Avon, Thursday said they believed more cops — called school resource officers — in schools will keep them more safe and proposed a bill aimed at making that happen. / Star 2012 file photo
Indiana Attorney General Greg Zoeller and state Sen. Pete Miller, R-Avon, Thursday said they believed more cops — called school resource officers — in schools will keep them more safe and proposed a bill aimed at making that happen.
“It’s particularly important that these positions be expanded in light of the tragedy in Connecticut,” Zoeller said. “There could at least be an argument made that not having a school resource officer could make a school a softer target.”
The bill would set aside $10 million in state money and allow public schools to apply for matching grants to hire officers to work in schools.
School safety, Zoeller said, is likely to get a lot of attention in the upcoming legislative session. Several lawmakers have spoken to him about bills they are working on to address the safety of school children. But this bill, he said, was already in the works.
Zoeller’s office surveyed more than 1,100 parents, teachers, school administrators and police officers around the state about school safety and the benefits or concerns about officers in schools. He estimates between a quarter and a third of all schools have officers assigned to campus.
The survey showed wide satisfaction with the work of the officers, both in law enforcement and in other roles at schools, including mentoring and educational instruction.
The bill would define the duties of a school resource officer, which vary from school-to-school, as focused on assuring schools have a safety plan, enforcing school rules, connecting with local law enforcement, emphasizing a reduction in bullying and mentoring and educating students when needed.
It has support from the incoming state Superintendent for Public Instruction, Glenda Ritz, who said in a statement that she believed the bill would help ensure safer schools.
If enacted, the bill would require officers to be trained through a police academy and submit to an annual review.
Written By: Associated Press
Posted On: http://www.indystar.com/viewart/20130103/NEWS/130103025/Officials-call-10M-pay-police-Indiana-schools
