Fine, Lien, Foreclose • George Bush • John Carona's HOA Management Empire
NEWS TODAY: November 23, 2007
The news summaries provide links to the full text of the story. You can add your comments and ideas to each of these stories by clicking on the story link, and clicking "Comments" at the end of each story.
Senator John Carona Authored of Texas Property Code 209 and "games" it [An Article]
He convinces his HOA Boards to adopt home foreclosures for fines resolution which primarily benefit his management company
Nov 21, 2007
by Texas HO
Although everyone references Texas Property Code 209, no one seems to be publicizing the fact that Sen Carona WAS THE AUTHOR of that bill. He is intimately familiar with the bill and it was "gamed" from day one to protect the practices of his management companies. In Austin, Senator John Carona engages in the same home foreclosure game via Alliance Association Management - another Associa company. . He convinces HOA Boards to adopt these foreclosures for fines resolutions which primarily benefit his management company. Although the Patton Boggs attorney seems to suggest that it was the HOA Board that was responsible for this policy, all one needs to do is look at the county clerk's office wherever Senator Carona's Associa companies operate
Texas Senator John Carona pulls the same foreclosure stunt on Bear Creek Homeowner Association [A Letter]
Carona's Principal Management Group attempts to change non-fining by-laws to arbitrarilly applied fining procedure
Nov 21, 2007
by Texas Homeowner
I have a great deal of information for Amy McCorkle on her Principal Management Group (PMG) managed Homeowners Association Rockwall Timber Creek Estates Residential Association. Texas Senator John Carona et al pulled the same stunt on Bear Creek Homeowner Association, Euless Texas. I have names, a court case number, information on a bought and paid for board member [government employed attorney] living within Bear Creek Homeowner Association completing some of this dirty work ....
Texas Homeowner Association Fines, Liens and Foreclosures [An Article]
Bush gave HOAs foreclosure powers and Carona curbed foreclosure reform
Nov 23, 2007
by Sandy Meyer
George W. Bush gave "all sorts of powers to Texas Homeowners Associations" in 1995 when he was the governor of Texas. In 2002, Senator John Carona authored and passed Texas Property Code Chapter 209 to limit foreclosure reform when the legislature in response to public and media outrage for abusive foreclosures, attempted to curb foreclosures by HOA lawyers and managers. Texas Property Code Chapter 209 which prohibits HOA's from foreclosing on property if the debt is solely due to HOA imposed fines or attorney's fees. ( Senator Jon Lindsey had filed three homeowner advocate supported bills, two of which barred foreclosure altogether but were later dropped.)
Texas Property Code Chapter 204 by CAI [Legislation]
Powers of Property Owners Association
Nov 23, 2007
by AHRC News Services
Property Code Chapter 204, Powers of Property Owners Association relating to Restrictive Covenents in certain subdivisions - Added by Acts 1995, 74th Leg., ch. 1040, § 2, eff. Aug. 28, 1995 - Added to Texas Law by George W. Bush
Case studies on America's homeowner association foreclosures
Nov 22, 2007
by Ohio Sociologist
Foreclosures are everywhere in this pricy neighborhood and instead of working to help people the policy seems to be fine them, get the lien and start a foreclosure action. How about someone who has nothing better to do than drive around every week like gestapo police - your trash cans aren't in your garage 15 minutes after the pick up; your mailbox is dirty, your roof needs pressure washed, your ladder needs put away quicker. It goes on and on. You can't park on a street in your own neighborhood. I haven't figured out how a home owners association can legislate rules on a county street.
Homeowner Battles to Stop Home Foreclosures for Fines [Press Release]
Texas Senator John Carona's management company manages her HOA
Nov 20, 2007
by Amy McCorkle
I received the attached letter from Benjamin D. Wood - Patton Boggs Attorneys via certified mail this weekend. "...I read with interest your specious and inflammatory public accusations regarding Principal Management Group's involvement in a purported 'foreclosure extortion scam'......While it is not productive to address each of the false statements found in your vituperative canards, allow me to correct some of the more flagrant prevarications... Benjamin D. Wood - Washington, D. C. - November 7, 2007". I have done nothing but tell my story as it has been unfolding. Everything I have written has happened to me. I was there at the board meeting when the Principal Management Group (PMG) representative presented the fine policy to the board members for their review .
ENCINITAS RANCH HOMEOWNERS ASSOCIATION MANAGED BY TEXAS SENATOR JOHN CARONA'S MANAGEMENT COMPANY INTRODUCES MASSIVE PARKING FINES [Question & Answer]
Board threatens owners with unlimited lawyers fees, towing and storage charges, and $250 fines for parking in front of their own homes
Mar 26, 2006
by Sue Mclean
We have trouble brewing in Encinitas Ranch Homeowners Association. The board members and their vendors have employed a towing company to fine and tow our cars, and use lawyers to charge us unlimited lawyers fees if we park our cars in front of our houses or on our private driveways. This is clearly is a SCAM, and the association is just FORCING this issue down our throats, without any chance for rebuttal or otherwise. Lots of people are up in arms about this - and rightfully so! We can't park on the driveway or street in front of OUR house??? This is B.S.!!! Would you mind reading through our CCRs and notices and letting us know what you think about this situation?
Homeowner Alleges that Texas Senator John Corona is involved in a homeowner association foreclosure scam [An Article]
Maintenance dues homeowners pay to his management company will be used for fines so he can foreclose on homes
Jul 16, 2007
by Amy McCorkle
We received notice last week of a new foreclosure - extortion scam being perpetrated on the homeowners in Rockwall Timber Creek Estates by Senator Carona's management company - Principal Management. Principal Management has convinced our board to institute an illegal fining policy without a vote of the membership. They will now apply the maintenance dues homeowners send in to the fines they charge so they can ignore the Texas Property laws and foreclose on our homes for non-payment of arbitrary fines by homeowner association boards and Carona's management company.
LEGISLATIVE FRAUD BY TEXAS SENATOR JOHN CARONA [An Article]
TUPCA is a lengthy bill full of traps for homeowners deliberately written to give the appearance of providing "protection"
Nov 5, 2006
by StopTexasHOARackets
If you read Community Association Institute's (CAI) "Public Policies", they seek to establish a consensus that the Federal Fair Debt Collection Practices Act does not apply to Homeowner Associations. John Carona, the owner of the largest management company, is at it again with the Texas Uniform Planned Community Act (www.tupca.org). This legislation is absolutely horrible for homeowners. Carona is trying to create HOAs even where HOAs never previously existed. TUPCA now authorizes this "priority of payment" scam §83.102(14). Carona is trying to ensure that all disputes have to be sent to arbitration rather than the court. Generally every section of this lengthy proposed bill has a hidden trap for the homeowner. The text is deliberately written to give the appearance of providing "protection" until you understand how Carona and his organization behave.
An Overview of The Texas Homestead Law [An Article]
Nov 21, 2007
by Mark T. Curry
Texas homestead law exempts qualifying real property from forced sale by general creditors. In Texas, every family and every single adult person is entitled to a homestead exempt from seizure for claims of creditors, except for encumbrances properly fixed on homestead property. Senate Bill 496, which was forwarded to Governor Bush for signing on May 31, 1999, would eliminate the statutory definition of a rural homestead and add a new definition for the urban homestead. The bill deletes the rural homestead definition of Texas Property Code §41.002(c) and replaces it with the following definition: A homestead is considered to be urban if, at the time the designation is made, the property is: located within the limits of a municipality or its extraterritorial jurisdiction or a platted subdivision; and served by police protection, paid or volunteer fire protection, and at least three of the following services provided by a municipality or under contract to a municipality: electric; natural gas; sewer; storm sewer; and water.(13)
Movement to Force Recorded Votes in Texas Legislature [An Article]
Senator John Carona, the CAI Certified Manager
Dec 9, 2004
by Barbara Sowell
Texas is one of only 10 states that does not require a recorded vote on final passage of every bill. A movement to force recorded votes is gaining wide-spread support including the support of CAI supporter, Senator John Carona.
HIT THE JACKPOT WITH COMMUNITY LIVING? [An Article]
Homeowners must man the barricades and stop these CAI vendors
Jul 5, 2007
by Marie in America
in 1989 a group of California homeowners, some targets of harassment, fraudulent liens and foreclosures because they asked to see the financials of their homeowner associations, began investigating the lawyers and managers driving the conflicts, litigation and foreclosures in their neighborhoods..They discovered that the judges, lawyers and managers who were stripping their home equity, were the leaders and organisers of a trade group called Community Associations Institute (CAI). The homeowners also discovered a Casino Ad put out by these lawyers, headlined "STRIKE IT RICH!" - an invitation to other vendors and politicians to come to their trade meetings to learn about the financial opportunities available to them in homeowner associations
Unconscionable Arizona HOA foreclosure sales [An Article]
Speculators preying on the homeowners seek windfall profits
Nov 23, 2007
by George K. Staropoli
A recent Arizona appeals case relating to insurance policy enforcement reveals great news for homeowners facing HOA foreclosures. The courts have and will set aside HOA foreclosures: "foreclosure sale may be set aside if price 'is so gross as to be proof of fraud or shock the conscience of the court'". But, the homeowner must file a motion to set aside!!!
Lawyers in America created Homeowner Association Corporations (HOAs)to facilitate the taking of citizens' life savings and homes. These corporations transfer control of private property and assets to the HOA Corporations that lawyers (they also work as judges and politicians) milk, just like CEOs milk public stock market corporations. These news stories will familiarize homeowners with Racketeering, RICO, Class Action Lawsuits, Illegal Judgments, and Fraudulent Property Seizures in America's HOAs.
The abuses in the homeowner association governed community [An Article]
A private party capable of "fining" you unlimited amounts, the ability to foreclose for trivial, disputed amounts and the "priority of payment" scam
Oct 28, 2006
by Bill Davis
Apparently you have not been exposed to the abuses in the HOA governed community - or perhaps as an officer you are immune from fines, accountability for assessments, etc., etc.? Also, exactly what evidence do you have to prove that home values in HOAs are rising faster than homes not in HOAs? That is certainly the claim made by many in the industry, but I have yet to see support for it. Even if it were, that is no reason to mandate the creation of and mandatory participation in HOAs for homeowners who own property free and clear of any such beast like what they are trying to do in Texas. I submit to you that having a private party capable of "fining" you unlimited amounts without any recourse and the ability to foreclose for trivial, disputed amounts as a result of the "priority of payment" scam is hardly a value preservation move.
HOMES AT RISK WITH THE CAI LAWYER POWER GRABS [An Article]
Texas legal system manipulates cases, strip homeowners defense and evidence to help HOA lawyers take our homes
Oct 28, 2006
by Chris Calvin, Ph.D.
Rolling the Legal Dice - Welcome to the Backroom! - October 21, 2006 - By Taffy Rice. We here in Texas appreciate your coverage of the backroom dealings going on and will keep you all in our thoughts and prayers in this one-sided fight against homeowner associations. We too are experiencing similar court backroom dealings and just went through summary judgement whereby the judge knocked out all of our counter-claims except one which will force us to move. It's as if our evidence was invisible. He allowed their defamation and tortious interference SLAPP-suit to move forward thus stripping us of the meat of our counter-claim and defense.
The Homeowner Association Organized Crime Protection Racket Scam [An Article]
Texas Senate Intergovernmental Committee only includes foreclosure lawyers and political beneficiaries on government witness panel
Oct 13, 2006
by Richard Craig
On September 30, 2006 Richard Craig, a veteran homeowner advocate who has authored many informative articles about Texas homeowner association scams, sent the following alert about a hearing that the Texas State Senate Intergovernmental Committee had called to discuss new homeowner legislation. This government committee only invited CAI homeowner association foreclosure lawyers who wrote the legislation that makes it easier for them extort and take the homes of property owners in Texas, and the foreclosure lawyers' political allies:
TEXAS HOMEOWNERS FOR HOMEOWNER ASSOCIATION REFORM [Press Release]
New organization will work to protect homeowners from abuse of power by management companies and attorneys
Aug 1, 2006
by Beanie Adolph - TexasHOAReform.org
Because we want to protect the citizens of Texas from HOA abuse, we, a group of Texas homeowners throughout the state, have formed a new organization - TEXAS HOMEOWNERS FOR HOA REFORM, INC. - to try in some small way to give Texas homeowners a fighting chance for protection against the almost unlimited powers of HOAs. Our goals are:• To eliminate the HOA foreclosure threat to Texas homeowners. • To correct Property Code Chapters 204 through 209, restoring homeowners' control of their own property as opposed to HOA boards having "all powers".• To seek justice and equal treatment for Texas homeowners under the Constitutions of Texas and of the United States. • To correct Property Code Section 5.006 so a homeowner has an equal opportunity in any HOA suit to receive an award of attorney fees. • To make all Texas HOAs subject to the Open Records and Open Meetings Acts.
OBJECTIONS TO TUPCA BY THE TEXAS HOMEOWNERS ADVOCACY GROUP [An Article]
Homeowners are not going to watch CAI attorneys and industry advocates eat away at our constitutional and property rights
Mar 21, 2006
by Harvella Jones - THAG
TUPCA is perpetuating the "forced membership" concept which is against our basic property rights and Constitutional rights to choose. This is a democratic society and we have the right to choose. We should not be forced to be a member of a homeowner association, even if we are personally obligated to pay the fees and there should not be any foreclosures even if the fees are not paid. This is a debt and nothing more. Associations should not be given more rights than any other debt collector. It is wrong to take someone's home because of nonpayment of maintenance fees and we are asking you to correct and change it next session. We have been patient long enough.
TEXAS REPRESENTATIVES, PLEASE DENY THIS TUPCA PROPOSAL [An Article]
Please amend the Property Code so that homeowner association foreclosure is no longer a threat to homeowners
Jul 16, 2006
by Beanie Adolph - HOAdata.org
CAI foreclosure lawyers using a new identity for lobbying activities, the "Texas College of Real Estate Attorneys" wrote a bill they call TUPCA. The following is the text of homeowner advocate Beanie Adolph's speech to the Texas Legislature's Committees on Land and Resource Management and Business and Industry against TUPCA: "It amazes me that they are never satisfied with the power that they have taken from homeowners. They are here again seeking yet more power, seeking yet again to take away the rights of Texas homeowners. The main power behind all of this has been the Community Associations Institute. ... Most of you have not been in the Legislature for 23 years, so I want you to understand the context of this latest effort...."
Please tell me where the justice is! [Press Release]
My condo - my first home which I poured my heart and soul into, was illegally foreclosed on by the Condo Home Owners Association
Oct 3, 2003
by Mark Taylor
My condo - my first home which I poured my heart and soul into, was illegally foreclosed on by the Condo Home Owners Association for unpaid fines which to this day I have no clue what the fines were for.
I was never notified, warned, nothing! It was not uncommon for a new rule to be passed by the President who literally took complete control of the HOA, occasionally I would receive notice of the new rule (generally something quite ridiculous) and many times the new rules would solely apply to a single person/owner.
My name is Steve Miller .. I am in Hood County in Texas I need some help I am disabled on ss in need of an operation and I am being sued by a tryrant homeowners association and I'v got the the nicest piece of property in my area ..of this trailer park that they want to call a homeowners association I'm hurting. Please help me. My telephone number is....
Abbey Park Gardens [Directory Entry - Homeowners Associations]
West Palm Beach, FL 33415
Abbey Park Gardens 292 units."This is a copy of the email I have sent our property manager. Where are our records? This is not the first time I have asked. I have asked where to send a certified letter requesting them but he says I don't need to do that that etc. etc. just putting me off. I am only of many trying to get results. They are stealing. It shows in the condition of our property, they laugh at us in the meetings, we have a conflict of interest on our board - always have had a board member running the management company. They own a lot of property around here and we don't think they are paying their maintenance on theirs. Our president installed his own personal gym in the clubhouse that no one else has access to, they kick anyone off the board who tries to get answers. We have tried a recall but they just threaten to kick us off the board again. Illegally. They are in control of us. Please advise what to do. Go to the police, hire a lawyer. WHat? Any advice you can give will help. We are just middle class people trying to have our homes." Homeowner - Apr 25 2007 - West Palm Beach, Florida
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