"You don't achieve harmony by everyone singing the same note" - Doug Loyd

Thursday, November 15, 2012

AT&T's Proposed Tower

Folks, this has got to be an embarrassing moment for AT&T.  The FCC if forcing AT&T to install a tower in Mesa to cover gaps in coverage.  The proposed tower is supposed to be disguised to make it look like something other than a cell tower.  In this case it's supposed to look like a palm tree. It looks more like a photo of what we can expect it to look like in 5 years or after a Haboob?   Because it is just unacceptable by any standards.  
 Read on to see photo.

Monday, October 29, 2012

Protecting the Ownership

HOA BoD has a duty to take reasonable steps to protect the ownership from liability from losses.  This includes keeping owners safe, ensuring that vendors are supervised and aren't breaking into peoples homes or cars, taking steps to keep kids from getting run over, etc.

The one thing that I haven't seen homeowners complain about or even think about is ID theft.  As homeowners we can take steps to protect ourselves from ID theft.  However, there is one simple step that can be taken to possibly prevent ID theft that isn't being done by HOA boards. 

Monday, October 15, 2012

SB1468 - The Only Way to Keep Board Members in Check!

I recently ran across a site that appears to be a Community Associations Network site.  It's very well written and has great tips.  And expresses how we all feel about HOA boards who just don't get it.  Those of us who suffer from headaches and hope that common sense will prevail in HOAs.  Suffer from them due to head trauma from banging out heads against the wall, desk, floor, or other hard surface hoping the horse will drink the dam water.

Thursday, September 6, 2012

How does Your Board Interpert the Declaration and Statues?

The rules and regulations of the community are adopted from the provisions within the declaration.  However, there are portions of the declaration that are ambiguous and only act to restrict or limit the board.  The board may have policies and procedures to follow but, these aren't derived from provisions in the declaration.

Thursday, August 30, 2012

Maintaining Landscaping is More Than Mowing and Trimming

It amazes me the amount of people who think you just water, mow, and trim trees and shrubs thinking that is all landscaping is about.  They must think that if you just put gas in your car and keep the tires inflated and your done.   No No No!   If that is all you do to your car it isn't going to last very long. 

Monday, August 20, 2012

Board Members Have a Duty to Protect the Communities Best Interests

When owners elect board members they are placing their faith and trust into them.  We trust that they will not just focus on one area of the community.  That they will benefit the masses not just themselves.  We are trusting that these people will take more than a few seconds to consider if something should be done or not.  Just because the law gives the board members an out if they rely upon the advice of a professional.  Does not mean that the court will allow this as a viable reasoning if board members did not use common sense. 

Board members still have to take into consideration who the information is coming from.  It doesn't matter if it's a law firm, landscaper, utility company, the city, or builder.  Every company even if it's an individual is in business to turn a profit.  Therefore, everyone at the company is nothing more than a salesman.  For the company to get the contract the person you are talking to must make you like them and make you comfortable.  Hence, they must sell themselves. 

To do so they must act as if they are your friend and are giving you some really good deal.  Then they turn on the charm to get you to trust them and remember them.  It's the same as interviewing for a job.  Because that is what they are doing after all. 

In the creative process board members will and should allow the contractor to point out possible problems and make suggestions.  However, keep in mind they are in business to make money.  So, some suggestions are going to be viable and great ideas and some are not.  When dealing with something that is charged by the square feet the larger the area the lower the price per sq ft becomes. 

For instance, if you have a community with 200,000 sq feet of grass that is maintained and the goal is lower water usage.  The contractor may suggest converting small areas to a desert landscape to save water.  The area they may suggest could be only 300 sq ft or 600 sq ft. and cost $15,000.00 or $25.00 per sq ft. to remove and redesign and plant.  This is when you have to pull out the thinking cap.

Let's say the current water bill runs $40,000.00 a year and the cost to mow is $60,000 a year.  If we use 600 sq ft and figure out the percentage it is of 200,000 sq ft.  We get .003 or .3% of the total sq ft.  Of the total 200,000 sq ft only .3% would be converted.  Now .3% of the yearly water consumption comes to $120.00 per year and of the mowing costs is only $180.00.  Meaning the 600 sq ft costs $300.00 annually to maintain.  The cost to convert 600 sq ft is $15,000.00 meaning it would take 50 years for the money saved in water and mowing before any savings would be seen. 

Common sense tells us that 600 sq ft is an insignificant amount of area to convert when there is 200,000 sq ft to maintain.  Common sense also tells us that the only person or persons benefiting from such a project is the contractor.  This project is not in the best interest of the community. 

The community is better off just shutting off the sprinklers and stop maintaining it the area than to pay someone to dig it up.  Because even if you get a bid that is for $5,000.00 it will still not be in the best interest of the community.  Your better off just letting the grass die off by its self and covering it with rock. 

Board members need to use common sense and logic.  Business is business and those in business are in it to turn a profit.  Nobody is in business to lose money!  Not even an HOA.

Wednesday, August 15, 2012

Which Reserve Study Items Have to Be Replaced Now and What Can Be Delayed?

You've got your reserve study updated, now what.  If your surprised at the increase in replacement costs your not alone.  But, the first thing you should do is break down the list of items by way of importance.

Tuesday, August 14, 2012

How HOA Boards Get Around a Required Vote to Charge a Special Assessment

The blog article below is written by Robert M Nordlund, PE, RS founder of Association Reserves.  I'm including his biography as an example of the backgrounds of the people who evaluate and prepare reserve studies.  I find it to be very disrespectful and a huge waste of money when board members purchase studies and act like they don't have to follow them or it's a scam.  I once heard a property manager say that it's just a guide you don't have to follow it.  To them I say, architectural guidelines are just a guide and we don't have to follow them.  I wish!

Friday, August 10, 2012

Not All Licensed Contractors Are Created Equal

If your like most people when you need an appliance serviced or some other repair or maintenance work done.  You pick up the phone and call a few places to get prices ask if they are licensed then select one to do the work.  The person who comes to do the work may come alone or with another person.  Depending upon the type of work being done the repair person or people will be independent contractors or employees of the company.  It's common among appliance repair industry for the person to be an independent contractor or subcontractor.  These guys typically have to purchase the parts they carry on the truck.  Other in home service companies like landscapers; are employees of the company that you called.  We assume the person or people doing the work are licensed contractor but, that isn't so.

Tuesday, July 31, 2012

Former Climate Skeptic Now Says Global Warming is Man-Made by Liz Goodwin Yahoo! News


Details I found interested are highlighted.


About-face: Former climate change skeptic now says global warming is man-made

By Liz Goodwin, Yahoo! News | The Lookout

National Affairs Reporter

He finally came around to what other climate scientists have been spouting for years. Richard A. Muller, a physics professor at the University of California-Berkeley, announced over the weekend that his much-publicized investigation into climate data has found that humans' production of carbon dioxide is causing the world to slowly warm up. And this process could speed up dramatically in the coming years.

Cummlative Voting vs. Single Non-Transferable Voting (SNTV)

There has been some talk over the years in some communities to change board member terms and how votes are cast.  Trust me the authors of the governing documents are not stupid people.  They may not have been able to predict how people would twist and justify the words in the documents.  But, they know a thing or two about the structure of a governing body and politics.

Sunday, July 29, 2012

Scottsdale Candidates for 2012 City Council - Not Much of a Choice

After reading the statements written by the candidates running for Mayor and City Council.  I was left with the feeling that nothing will change.  It really doesn't matter who wins, when they still don't get it.  It cannot be business as usual anymore.  They city has to focus on the individuals and families of Scottsdale and not on big businesses. 

Thursday, July 19, 2012

More twists as Zimmerman takes his case public - Trayvon Martin - MiamiHerald.com

                                  $200,000 in 11 Days

That is what Zimmerman managed to get in donations according the article in the Miami Herald (See link below).  I just want to know why are they donating to begin with.  It's likely that if he is found guilty that the HOA will be the ones ultimately responsible They asked him to become the watch captain, knew he carried a gun on community property but, did not govern how the position was to be done. 

Here's what is unclear to me with regards to the donated funds.
If Zimmerman is guilty and the HOA is determined to be the one ultimately responsible.  Zimmerman still goes to jail but, expenses from his defense become the responsibility of the HOA.  Since those costs are already paid for by the donations.  Zimmerman would be reimbursed, right?  Are reimbursements of donated money still considered donations?  If not, then he profits from a crime which is still illegal, right?  Or does his wife and family benefit from the crime since he would be in jail?  Or does it get returned to the people who donated the money?

More twists as Zimmerman takes his case public - Trayvon Martin - MiamiHerald.com

Zimmerman: Trayvon’s death was “God’s plan” - Trayvon Martin - MiamiHerald.com#moreb

Wow!  I'm left speachless.   It's shocking.  You can also view the video of the actual interview by using the link below.

Zimmerman: Trayvon’s death was “God’s plan” - Trayvon Martin - MiamiHerald.com#moreb

Tuesday, July 17, 2012

Think Twice Before Placing Blame on Owners

You may want to think twice before pointing the finger at other owners in your HOA.  My HOA has falsely accused owners of damaging common areas.  Doing so causes owners to get suspicious of others and causes fighting within the community.  This is when cameras start going up. 

Saturday, July 14, 2012

Maintance of Existing Common Ground Before Doing Projects

Maybe it's a gender thing, maybe it's excitement, maybe it's being to worried about the project getting canceled, maybe it's lack of help, maybe it's the intentional but, it's a problem for many HOA boards.  Once the focus is shifted from maintenance of common areas to redesigning or redecorating projects they neglect to maintain it and everything else.

Friday, July 13, 2012

Timeline and Map of Events Leading to Zimmerman Shooting Trayvon Martin

This is the best visual aid that allows people to see the big picture. 

http://www.miamiherald.com/trayvonmartin/

Defense: Zimmerman judge biased - Trayvon Martin - MiamiHerald.com

Zimmerman wants a new judge because he feels that the judge is biased based on the things the judge wrote in the July 5, 2012 bond order.  I posted the actual order written by the judge and the Miami Herald article below.
The judge isn't bias against Zimmerman.  Zimmerman and his wife lied in the first bond hearing.  Then decided to argue his case at the second hearing.  If he could convince the judge that the states case was weak against him the bond would have remained the same.  He could also determine the direction the judge was leaning in the trial.  If Zimmerman didn't want the judge to respond to his argument he should not have raised the issue.   Although this is just my opinion. 

Read the article and judges order using the links below and tell me what you think.


Defense: Zimmerman judge biased - Trayvon Martin - MiamiHerald.com33

http://media.miamiherald.com/smedia/2012/07/05/13/18/1h9ymt.So.56.pdf

Medical records: George Zimmerman had black eyes, painful broken nose but no head trauma - Trayvon Martin - MiamiHerald.com

Although this isn't new news I found it interesting that Zimmerman suffers from so many conditions and is over weight yet was still able to run.

Medical records: George Zimmerman had black eyes, painful broken nose but no head trauma - Trayvon Martin - MiamiHerald.com

Sunday, July 8, 2012

Zimmerman changes details, makes claims inconsistent with other evidence

Zimmerman changes details, makes claims inconsistent with other evidence



By Rene Stutzman and Jeff Weiner, Orlando Sentinel





6:22 p.m. EST, June 27, 2012

George Zimmerman talked to Sanford police a half-dozen times, going over what happened the night he killed 17-year-old Trayvon Martin. In the retelling, parts of his story changed. His account also does not line up with other evidence.



Here are some of the most prominent inconsistencies:



Where the confrontation happened



In his first recorded interview with police the night of the Feb. 26 shooting, Zimmerman said Trayvon popped out at him from "the bushes."



By the time he re-enacted the shooting less than 24 hours later, however, Zimmerman was much more precise, and the spot he pointed out had no bushes nearby.



As he walked police through what happened where, he said Trayvon approached him from his left rear and at a spot near the intersection of two sidewalks.



What Trayvon said



In that first taped interview with Sanford police Investigator Doris Singleton, Zimmerman said that when he and Trayvon came face to face on that sidewalk, Trayvon said, "What the [expletive][is] your problem, homey?"



During the next 24 hours, Zimmerman's version of what Trayvon said would change slightly, becoming less offensive with each telling.



In another interview later that night, he told Investigator Chris Serino that Trayvon said, "You got a problem?"



During the re-enactment the next afternoon, he told police that Trayvon yelled, "Yo, you got a problem?"



Also, a 16-year-old Miami girl told prosecutors she heard something different. She said she was on the phone with Trayvon at the time and heard him say, "What are you following me for?"



Dispatcher asked him to find Trayvon



After first spotting Trayvon and dialing a nonemergency police number, Zimmerman parked his truck while he talked with the dispatcher, asking that an officer come to the scene.



While still on the line, he drove a short distance down the street before parking again.



Why did he move his truck?



During the re-enactment the day after the shooting, Zimmerman told detectives it was because he had lost sight of the 17-year-old, and the dispatcher asked him to find him.



A review of Zimmerman's recorded call with the dispatcher, though, shows there was no such request.



Did he follow Trayvon?



In his call to police before the shooting, Zimmerman can be heard huffing and puffing as if he had been running or walking fast.



"Are you following him?" the dispatcher asked.



"Yeah," Zimmerman answered.



"OK, we don't need you to do that," the dispatcher said.



"OK," Zimmerman said.



But after the shooting, he offered a different reason for getting out of his truck. Serino pressed him for an explanation three days later.



I was "just going in the same direction he was," Zimmerman said. He had exited his truck, he said, to get a street address for authorities.



"Did you pursue the kid? Did you want to catch him?" Serino asked.



"No," said Zimmerman.



Serino challenged him further: "How do you not know the three streets in your neighborhood [where] you've been living for three years?"



Zimmerman replied that he had a bad memory and attention-deficit hyperactivity disorder.



Other inconsistencies



Investigators also pointed out to Zimmerman in a Feb. 29 interrogation several other discrepancies, but he did not clear them up:



•He had said that during their struggle, Trayvon covered Zimmerman's nose and mouth with his hands, but in a recorded 911 call from a neighbor in which someone can be heard screaming for help, none of the cries sound muffled.



•Zimmerman had injuries but not ones that matched the severity of the attack he described, according to Serino. If Trayvon had been banging Zimmerman's head on the sidewalk, the Neighborhood Watch volunteer should have had skull fractures, not just cuts, Serino said.



•There were no defensive wounds on Zimmerman's hands and just one small scrape on a finger of Trayvon's left hand, Serino said — little evidence of life-and-death struggle.



rstutzman@tribune.com or 407-650-6394. jweiner@tribune.com or 407-420-5171.



Copyright © 2012, Orlando Sentinel

Sunday, June 24, 2012

Reducing Utility Expenses is Easier Than You Think

Take a look at your communities electric bills.  You probably see several meters being billed to the community.   Now take a closer look. 

How many meters are billed for small dollar amounts?  Something in the neighborhood of $15.00 to $30.00 per month.  Now look closer.  How many are billed for 3 to 5 KWH each month?  I found 5 meters being billed for small amounts of usage.  In fact the taxes and usage costs were around $1.50 per month for each of the 5 meters.  The meter rental fee is more than the cost of the electricity around $17.00 per meter. 

If these are meters running to the irrigation system then get controllers that use batteries.  It could add up to a savings of around $900.00 per year.   

Friday, June 22, 2012

Look at the Soil in Your HOA as the Source of Landscaping Problems

The soil in which you are cultivating dictates the plants that will grow and how much water needed to grow them.  Soil that is good for growing sugarcane is considered to be poorly draining soil for growing wheat.  Growing plants purchased from a nursery may be grown in the area but, aren't growing in native soil.  These plants are growing in rich black soil that drains well with organic matter and lots of nutrients. 

Thursday, June 14, 2012

Scottsdale Water Rates Increase July 1, 2012 Updated

Some board members have been using the scare tactic that if we don't reduce usage the city will go to a tiered billing system.  Scottsdale has always been on a tiered billing system for water.  The base fee is based on the meter size and the usage is based on gallons used and has been for many years. 

Sunday, June 10, 2012

Information Missing from Your HOA Budget

A budget is more than just determining how much will be spent based on historical costs. It's more than just numbers on a paper to use as a guideline. It provides the information needed to make economical decisions and determine what is a bargin and what is not. The only problem is that most budgets are missing the information nessasary to know bargin shopping.

Thursday, May 31, 2012

2012 HOA Related Legislation

This is a list of House Bills and Senate Bills proposed and those adopted during the Jan 2012 - May 2012 session.  Only two were placed into law (title in red).  I'm surprised that some of these failed because they are exactly the kind of legislation needed to change the way board members and owners behave.  I hope to see a few of these bills get resurrected and passed into law in the very near future.

Saturday, May 19, 2012

Atty.: Civil lawsuit likely in Martin shooting -Orlando Sentinel

This is a prime example why all associations should maintain more money in the reserve fund than the reserve study says is 100%.  For my community a $2,000.00 special assessment would come out to be only $348,000.00.   Wrongful death suits award millions of dollars to the survivors.  It would cost each owner in my community around $5,747.00 each to cover a 1 million dollars and $19,500.00 to pay a 3.4 million dollar suit like the one in Hawaii.  With most policies covering only 1 million leaving the owners to cover the balance, it would still cost 11k each. 

How much would you have to pay if your community had to cough up this kind of cash?  Everyone thinks it can never happen to them until it does. 

http://articles.orlandosentinel.com/2012-03-29/business/os-trayvon-martin-hoa-20120329_1_cyber-citizens-homeowner-crime-watch-members

http://www.orlandosentinel.com/videogallery/69134959/News/Atty-Civil-lawsuit-likely-in-Martin-shooting

Atty.: Civil lawsuit likely in Martin shooting -Orlando Sentinel

This is a prime example why all associations should maintain more money in the reserve fund than the reserve study says is 100%.  For my community a $2,000.00 special assessment would come out to be only $348,000.00.   Wrongful death suits award millions of dollars to the survivors.  It would cost each owner in my community around $5,747.00 each to cover a 1 million dollars and $19,500.00 to pay a 3.4 million dollar suit like the one in Hawaii.  With most policies covering only 1 million leaving the owners to cover the balance, it would still cost 11k each. 

How much would you have to pay if your community had to cough up this kind of cash?  Everyone thinks it can never happen to them until it does. 

http://articles.orlandosentinel.com/2012-03-29/business/os-trayvon-martin-hoa-20120329_1_cyber-citizens-homeowner-crime-watch-members

http://www.orlandosentinel.com/videogallery/69134959/News/Atty-Civil-lawsuit-likely-in-Martin-shooting

HOA Could Face Hefty Bill If Sued by Trayvon Martin's Family or Asked to Pay Shooter's Defense Costs - News - ABA Journal

I've been wondering when someone was going to address the role the HOA played.  It goes to show that anyone put into any position of authority like; a neighborhood watch committee chair, without any guidelines, policies, procedures, or limitations to follow will make decisions based on thier own beliefs. It also shows how people in authoritive roles are looking for fame or make a name for themselves in the community.   
This article in the ABA was written before Zimmerman was charged. 
HOA Could Face Hefty Bill If Sued by Trayvon Martin's Family or Asked to Pay Shooter's Defense Costs - News - ABA Journal

3 More Lawyers Are Charged in Las Vegas Homeowner Association Fraud Case - News - ABA Journal

More arrests with more to come.  Make me wonder if it isn't happening here in AZ.


3 More Lawyers Are Charged in Las Vegas Homeowner Association Fraud Case - News - ABA Journal

Sunday, May 6, 2012

CAN HOA RULES CROSS THE LINE?

A law that took effect July 2011, allowing videotaping and tape recording open portions of monthly board meeting and meeting of the membership.  The law reads as follows;

Tuesday, May 1, 2012

The Structure of a CID or HOA Board Could Be the Why Owners Do Not Get Involved

How your board is structured can either support more people to get involved or cause them to not want to get involved.

Friday, April 27, 2012

George Zimmerman: Prelude to a shooting - Yahoo! News

   Judge is reconsidering Zimmerman's bond amount because they never told their lawyer they raised $200,000 via his website.
If you want the details leading up to the shooting here it is.  It's really a great article.
George Zimmerman: Prelude to a shooting - Yahoo! News

Thursday, April 26, 2012

Summer Time & the Meetings Aren't Easy by Kellie J. Callahan

It’s about that time again...the temperatures rise and our residents head to cooler climates. As a result, this is the time of year when many associations run into issues with absentee ballots, achieving quorum, and meeting attendance in general.

As you know, since 2005 the Condominium Act at § 33-1250 (C) and the Planned Community statutes at § 33-1812(A) have prohibited condominiums and planned communities from allowing votes allocated to a unit or lot to be cast pursuant to a proxy (assuming the period of declarant control has expired). Instead, these associations must provide for votes to be cast in person and by absentee ballot, and may also provide for voting by “some other form of delivery.”

It’s important to remember that an absentee ballot must set forth each proposed action, provide a space to vote ‘for’ or ‘against’ each proposed action, specify the date and time for the ballot to be delivered in order to be counted (must be at least 7 days after the ballot is delivered to the owner) and can only be valid for one meeting or specified election.

The “other form of delivery” allows an association to use a ‘mail ballot,’ specifically authorized by the Arizona Nonprofit Corporation Act at A.R.S. §; 10-3708. The requirements for a written ballot by mail pursuant to A.R.S. § 10-3708 are nearly identical to the requirements for an absentee ballot. In addition to the absentee ballot requirements, a mailed solicitation for a written ballot (the cover letter) must indicate the number of ballots that must be returned to meet the quorum requirement and the percentage of approvals necessary to approve each matter other than election of directors. The cover letter must also specify the time by which a ballot must be delivered in order to be counted (must be at least 3 days after the date the ballot is delivered to the member). In the last few years many associations have also moved toward voting by other delivery methods such as email or online voting.

There have also been some relatively recent changes in the law that impact attendance at and participation in meetings. For example, in 2011 the Legislature made it clear that a quorum of the board of directors of an association is permitted to meet by telephone conference call if a speakerphone is available in the meeting room that allows board members and owners to hear all parties who are speaking during the meeting (for meetings after the expiration of the period of declarant control) (A.R.S. §§ 33-1248(D)(3) and 33-1804(D)(3)). This tool may be particularly helpful during the summer months when vacations are the norm. Don’t forget, however, that even if the board is participating in the meeting via telephone conference, a meeting agenda still must be available for any members who choose to attend the meeting in person (A.R.S. §§ 33-1248(D)(1) and 33-1804(D)(1)).


Finally, in 2011 the Legislature also clarified that, in addition to members’ meetings and meetings of the board, regularly scheduled committee meetings must also be open to all members. So, to the extent your association’s committees continue their ‘regularly scheduled’ meetings through the summer, those meetings must be open, even if attendance is at a minimum. More generally speaking, it is simply a good idea to remember that, even though attendance may be low at summer meetings, associations must still be sure to stay in step with statutory requirements.

Kellie J. Callahan

author
Copyright © 2012 Carpenter, Hazlewood, Delgado & Bolen, PLC All rights reserved.










Tuesday, April 24, 2012

Why are HOAs being Built?

I went on a quest to find out why so many HOA communities were still being built even with all the problems created by having them.  Evan McKenzie's explanation below is the best one I've found.

Sunday, April 22, 2012

George Zimmerman Released From Florida Jail on $150,000 Bond - Yahoo!

When you consider that Zimmerman fled Florida and still turned himself into police.   I think it only fair that the judge set a reasonable bond amount. 

George Zimmerman Released From Florida Jail on $150,000 Bond - Yahoo!

Saturday, April 21, 2012

Having Problems with Your HOA?

Eventually, everyone has a run in with the board.  It's just one of those things everyone gets to experience.  When trying to clear up bogus violations there are things you need to know that will make all the difference in the world. 

Wednesday, April 11, 2012

Zimmerman charged with second-degree murder in Trayvon Martin shooting | The Lookout - Yahoo! News

Finally, the truth will come out and justice can be served whatever the outcome of the trial.  I'm just as guilty for being quick to judge.  But, then again I know what it feels like to be followed by someone while walking down the street.  Your scared and enraged hoping they just go away.  If approached inappropriately it becomes fight or flight. 

Zimmerman charged with second-degree murder in Trayvon Martin shooting | The Lookout - Yahoo! News

Tuesday, April 10, 2012

George Zimmerman attorneys quit as counsel | The Lookout - Yahoo! News

Shocking turn of events.  There is more to them "quitting" as counsel than just not returning phone calls.  Looks more like these lawyers are using this as a means of showing metal anguish to either sue someone,  show mental illness (insanity plea) or, claiming that putting Zimmerman in prison would put his life in danger.    If prison scares Zimmerman more than Trayvon, then Zimmerman wasn't in fear for his life. 

Zimmerman's former counsel have it so wrong.  It's not about shooting an unarmed person or who swung first.  It's the fact that the 17 year old had done nothing wrong for Zimmerman to follow him or think anything strange.  Zimmerman labeled him a threat to himself before he ever called police. 
George Zimmerman attorneys quit as counsel | The Lookout - Yahoo! News

Attorney in homeowners associations probe found dead - News - ReviewJournal.com

Update on the huge HOA scheme in Nevada. 

Attorney in homeowners associations probe found dead - News - ReviewJournal.com

Jury Awards Owner 3.87 Million in Hawaii

I'm in shock that adults would act so unprofessionally on the job and not get fired.  The jury gave the board 3.87 million reasons why these people need to be fired.  


http://themolokainews.com/2012/03/27/ke-nani-kai-residents-receive-3-87-million-jury-award-against-condo-association/

Monday, April 2, 2012

Tuesday, March 27, 2012

Trayvon Martin Investigator Wanted Manslaughter Charge - Yahoo!

I agree with the lead investigator, Zimmerman's story doesn't add up.  If Zimmerman was walking away from the teen how could he get punched in the nose?  Zimmerman ignored instructions to not approach the teen or follow him but, he did it anyway.    In my opinion Zimmerman does not have a valid claim of self defense since he initiated contact with the teen.  Now had it been the other way around it would have been a different story.  But, it's not.  Justice must be served!  

Trayvon Martin Investigator Wanted Manslaughter Charge - Yahoo!

Monday, March 26, 2012

Trayvon Martin Shooter Told Cops Teenager Went For His Gun - Yahoo!

Trayvon Martin Shooter Told Cops Teenager Went For His Gun - Yahoo!

This entire situation makes me so sick.  First off you have a teenager who is walking down the sidewalk
minding his own business.  How is that suspicious? 
Secondly, the community is gated so he had to use a code or a key unless the community did not install locks on the pedestrian gates.  At which case the community is saying it's ok for anyone to walk around. 

Thirdly, would it have made a difference if Trayvon was walking around during the day?  Would Zimmerman or anyone have questioned or thought he was suspicious then?   This is why everyone has a car!  Had he been driving would this have happened?

Was Zimmerman trained by the police to be a neighborhood watch captain?  In Scottsdale the police will educate owners who want to start a neighborhood watch. 

Did Zimmerman I.D. himself as a neighborhood watch captain? 

Why would the HOA allow Zimmerman or anyone to carry a concealed weapon when on neighborhood patrol?  There are non-lethal methods that could have been used instead.  Had they been this kid would still be alive. 

Zimmerman should be in jail, he admitted to murder at the scene!  I'm sure the 17 year old was in just as much fear for his life as Zimmerman.  I would be scared if someone was following me as I walked home and I'm not 17.  Then for them to get out of the car carrying a gun, you bet I would be in fear of my life.   The teen used what he had to protect himself, his fists.  The only lethal weapon brought to this fight was by Zimmerman!  Just having the gun escalated the situation. 

HOA Street Maintenance

Any driving surface installed requires maintenance.  If you install concrete streets once the useful life is exhausted you put an asphalt overlay on them.  This adds oil to the concrete to keep it flexible thus preventing cracking and pot holes.  If you install asphalt streets you still have to do seal coats to add oil to the asphalt to keep it flexible.   

Monday, March 19, 2012

Legislators want fewer HOA rules on streets

I find this almost humorous.  Why are they making this harder than it is?  HOA CC&Rs cannot dictate to ANYONE what can and cannot be done on land it does not own.  Just because it is written in the CC&R doesn't mean that provision is legally enforcible by the HOA.  When did the HOA become the agent for the city or deputized?  If legislators allow this to continue then they will have to admit that HOA's are a quasi government entity.  Otherswise, they have to force the city to enforce thier ordinances and the laws. 

Instead of calling the Sheriff's office for those cities with little to no law enforcement presences needs to start hiring a few meter maids.  The creation of new jobs will create income for the city.   

If you cannot park your car in the street in these HOAs can you stand on the sidewalk all night if you want to?  The sidewalks are public as well. 

I say (which doesn't mean much legally), it's a form of fraud for any HOA to collect fines for parking on a public street.  There isn't much difference between that and selling land you don't own!  Your profiting from something you have no legal right too.

Read the story and tell me what you think.

Legislators want fewer HOA rules on streets

Wednesday, February 29, 2012

We Need Solutions to HOA Problems Not More Problems

Over the years I've had my run-in's with homeowner boards. I've done searches on the net attempting to solve those problems. What I found was a multitude of websites with the same theme and end solution. That HOA's are quasi government entities that should be dissolved and legal information for filing suit against the HOA to solve the problem. They believe if everyone with a problem with their HOA files a lawsuit. It will eventually become to costly for the government changes will be made. There are flaws with this line of thinking.

Sunday, February 26, 2012

Are You Really Saving Money by Reducing Water Usage?

I've pointed out how the water conservation movement has caused people to spend thousands of dollars to reduce water usage.  As a residential water consumer you may never see any dollars in your pocket from money spent to reduce usage.  As an HOA it will be impossible to see any savings from money spent to reduce water.  Here's why.

Wednesday, February 15, 2012

Attention: Suntree HOA (Indian Bend Village) Members

 This information is not intended to anger, frustrate, or do anything else which will cause your  blood pressure to rise.  But, as people buy and sell within the community things aren't known about, things change in our lives, and people forget about shortfalls in our financials that must be fixed.  This post is intended to catch new owners up to speed and remind everyone else what the situation is in our community.

Thursday, February 9, 2012

Water Reducing Measures

When your HOA or anyone says they are taking steps to reduce water, question it.  Plants need what plants need.  If they don't get enough they die or get sick.  You must know how many gallons each plant needs including the grass and trees.  If you don't know you don't know if your over watering or under watering. 

Suntree HOA Board Lack of Priorities Resulting in Lowered Property Values

I always thought that adults learned from other peoples mistakes and from our own experiences.  But, I'm finding out that for some adults on HOA boards it isn't so.  I don't care how sweet or nice or smart they are.  It doesn't matter if they know people, are smart, how honest they are, or if they go to church.  Some people don't get the big picture of how HOA's operate and only want to give the community an extreme make-over and don't care about the costs.  And don't understand why others don't agree with them.

Saturday, February 4, 2012

Make Sure Your Read Your HOA Financials


Take the current years figures and find expenses that were from projects; things that were not budgeted in and were over and above regular expenses.  Irrigation repairs are normal but, an irrigation audit may not be.  If the dollar amount is very large and the budgeted amount was zero or has a large negative variance then it's not a normal expense.

Proof HOA Board Members Don't Read Governing Documents!

Here is a perfect example why board members should be fined for violating the governing documents and any policies and procedures adopted by the board.  

Monday, January 30, 2012

How Many Gallons of Water Does Your Landscape Require?

Just because Phoenix is in the desert doesn't mean you have to use lots of water.  The number one killer of all plants and lawns in the desert is caused by overwatering.  For some reason people think that everything has to be watered every day.  This is just not true and is a waste of water. 

Friday, January 27, 2012

Desert Landscaping

 Like most people when I thought of the desert I thought of lots of sand, cactus, dry, tumble weeds, and how thirsty I had just made myself. I thought of the movie, Spy's Like Us. We think of this because that is what TV says it looks like. Arizona is a desert yet it still has more than sand, rocks, and cactus. Even the Sahara has green landscape in some parts of it. It doesn't all look like Egypt or Iraq.  If it grows in one desert it will grow in another.


Small Shrub Grows in the Sahara in Algeria
 
Small Silvery Leaf Shrub Grows in Sahara in Algeria



Sahara in Algeria

Sahara - Algeria


Sahara - Morocco
Even part of the Sahara in Morocco has
palm trees and grass


Wow - The homes blend so well with the desert that they are virtually invisible. 
This only makes the plant life of the Sahara Desert in Morocco stand out! 
[ I would bet anyone who lives on a golf course would want to to the same thing & make the golf course stand out.  It would cause the value of their home sky rocket but, devalue the homes around it. ]

 
It goes without saying that sand dunes are present in both the Sahara Desert and AZ Deserts.  Notice that grass alive and growing in the pictures above and is dormant in the ones to the left.  In areas in the Sahara in Algeria when it rains small lakes or ponds will be created and grass will begin to grow around it.  Since nobody is there to water it, it just doesn't grow.  It is there, it's just laying and waiting for someone to water it. 
So, why does everyone try to mimic a desert landscape without grass?  Our entire world would have a grass carpet if water was available.  To me this means that our earth needs grass or it would not grow in the desert from just a little bit of rain.








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