Told You So!
(The Association Sounds Off On Their Own Incompetence!)

Have you read the October 2015 Lime Tree News today?

If you haven't then I must suggest you read it because it is a doozy.  Everything this website has stated was pretty much touched upon in the newsletter, ranging from managerial incompetence violations of fiduciary duties to pursuit of invalid debts.  The association's list of accomplishments is evidence of a group of know-nothing amateur-hour board members who accept zero responsibility for their actions against the homeowners of this neighborhood.

Here are some highlights from their list of incompetence accomplishments:

The early termination of the Associa Management Co. contract (6 months early), for Breach of Contract and mismanagement in many areas, we agreed to sever the relationship.

As this website had reported in the past, the association bragged about the amped-up enforcement of the expired covenants and restrictions by Associa, and, also reported by this website, Associa could not act in anyway to enforce the expired covenants and restrictions.  The board of directors were probably upset when homeowners refused to listen to the demands of Associa, which leads to this next highlight...

Replaced legal counsel and researched accounts to pursue collection from only 5 of the 17 that needed further legal follow up.  Seems once again, no one was tending to business.

The business the association is probably referring to is the illegal action against homeowners who have decided to enjoy their unencumbered property.  The board of directors wanted to enforce some super strict set of rules on the residents of Lime Tree Village so they sent out enforcement letters against homeowners for things like dirty mailboxes, fences, rubbish in the driveway, or nonpayment of assessments.  If homeowners rightfully ignored those illegal demands, the association would then send their attorney after the homeowner in hopes that they would pay.  While some probably paid the association off to leave them alone, others fought back with a response grounded in statutory law and legal precedence.  What do you think happened when their attorney was faced with the hard facts?

Also, what exactly does it mean that they "researched accounts to pursue collection from only 5 of 17 that needed further legal follow up?"

What about those other 12 homeowners?

Consider this fact - The association was notified years ago that they cannot enforce the covenants, collect mandatory assessments, or pursue legal action because of the Marketable Record Title Act (MRTA).  MRTA caused the C&Rs to expire in 2009.  The year is 2015, 6 years after the expiration of restrictions and 3 years after notification that they were violating the law, and yet they are still attempting to enforce legally nonexistent rules and regulations.

Maybe they changed legal counsel because they were trying to find a lawyer who would give them the answer they wanted.  That is what has happened with disastrous results in other neighborhoods, like Sand Lake Hills.  They had the same attorney as Lime Tree Village 15 years ago.  They wanted to convert into a mandatory HOA (much like Lime Tree) and found an attorney who was willing to play fast and loose with the law to do so.  They were eventually sued and lost big.  Lime Tree is not too far off from that eventuality.

Letters finally being sent to Homeowners with "late payments" and badly in arrears.

Again, homeowners are not late when they choose not to pay because the restrictions no longer exist.  This means that they are really not "badly in arrears."  This means they are simply homeowners who decided not to pay to be members of a social club.  The association uses these letters, either from their management or from their attorney, as a method of intimidation knowing that most people when faced with a threatening letter demanding payment or face exponentially more in legal fees will pay.

As a reminder: YOU DO NOT HAVE TO PAY!

Pursuit of money owed from Associa: $10,000. Water Bill, Estoppels that were incorrectly presented and charges for excessive office supplies and fees.

This is laughable.  The association is upset for charges of excessive office supplies and fees yet they try to impose an illegal assessment on every homeowner in the neighborhood, as well as the collection of exorbitant legal fees for the pursuit of delinquent illegal assessments.  Hypocritical much?

Also, as mentioned on this website (see title "Told You So"), they have been illegally notifying lending institutions of obligations a potential homeowner may face and collecting estoppel fees from said homeowners for amounts due.  It possible that these "incorrectly presented" estoppels were not incorrectly presented, but merely correctly presented and rejected estoppels?

In basic terms, an estoppel is basically a certificate that tells a lender how much a parcel owes an association.  Since the restrictions no longer exist, a property may not be obligated to pay the association any assessments, but the association believes otherwise.  What they have been doing is telling banks that homeowners who do not owe them a dime are in debt to them.  It is possible that Associa did their job and presented the correct information - that the association was owed no money - and that is why the association now believes they are in the hole to the tune of $10k.

Pursuit of $1100, unaccounted for gift cards issued by previous Board.

How would you feel if you lost $1100?

Horrible, right?

That is exactly what the association has done - they threw away money.  Who knows what they sued it for?  New golf clubs for the vice president?  A car wash for the treasurer? A birthday present for the secretary?

Remember when I mentioned zero accountability?  There were members of this current board that served on this previous board.

Interview and hire a second LCAM after the first one quit without notice.

This one is a no-brainer.  They hired a guy who supposedly had years of experience managing HOAs but his resume consisted of years working at Lockheed Martin as some kind of engineer - not a business manager.  And now their new one being "trained" is nothing more than a real estate agent.

So basically this letter made a few alarming but not surprising admissions.
  1. The amateur board swindled hundreds of homeowners and mismanaged their funds.
  2. The association will continue to swindle Lime Tree residents, attempting to enforce illegal covenants and restrictions and collect on invalid fines, fees, and assessments.
  3. Whatever happens, the board of directors believes nothing is their fault.
So, as a helpful reminder, remember that the covenants and restrictions on Lime Tree expired and that you no longer have to pay them money.  You sort of did not have to pay them before, being that their conversion was invalid because they did not acquire 100% approval to convert the neighborhood into a mandatory association, but that is a whole different story and that point is moot since MRTA took affect, so just be safe and never let your guard down.  There are always some incompetent folks out there who will stop at nothing to tell you how to live your life in your own home.

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