Huge Fraud by Condominium Board President (texas)

[texasfraud]

Texas



We are homeowners that are victims of a huge fraud in a condominium community here in North Dallas. Roughly a year ago we had another home owner that owned multiple units vote himself and his family as the board president illegally in an illegal email only ballot (most homeowners were not even aware of the election and the elderly were not tech savvy to participate).

Since then we have been in constant misery and have been victims of fraud and deceit. Here are some key bullet points for starters:

* Charged thousands in emergency assessments of which he has no clear financial record of
* Actively foreclosed on elderly and disabled and ended up buying those units for himself
* Built upon common areas of the condominium complex (that belong to every home owner) with permission possibly risking more homeowners with foreclosures as mortgage companies dont like that
* Illegally used an off duty constable (in uniform) to scare the elderly and disabled if they questioned him.
* Due to his illegal construction, other home owners suffered foundation damage/wall damage to their units
* Defrauded the federal government possibly by charging illegally to section 8/fixed income tenants
* Illegally accepted HOA payments into his own personal account as opposed to the HOA company (we have proof of this)
* The board president has been sued for 5 million dollars by a home owner and we as home owners have to pay the legal costs
* All of us risk losing our homes as he is illegally building on common areas and our homes need serious work as he has embezzled all the money


Please help us as there are a lot of us home owners that feel we have been seriously victimized. We have contacted the attorney general but no result.

[HomeGuru]

Originally Posted by texasfraud

Texas



We are homeowners that are victims of a huge fraud in a condominium community here in North Dallas. Roughly a year ago we had another home owner that owned multiple units vote himself and his family as the board president illegally in an illegal email only ballot (most homeowners were not even aware of the election and the elderly were not tech savvy to participate).

Since then we have been in constant misery and have been victims of fraud and deceit. Here are some key bullet points for starters:

* Charged thousands in emergency assessments of which he has no clear financial record of
* Actively foreclosed on elderly and disabled and ended up buying those units for himself
* Built upon common areas of the condominium complex (that belong to every home owner) with permission possibly risking more homeowners with foreclosures as mortgage companies dont like that
* Illegally used an off duty constable (in uniform) to scare the elderly and disabled if they questioned him.
* Due to his illegal construction, other home owners suffered foundation damage/wall damage to their units
* Defrauded the federal government possibly by charging illegally to section 8/fixed income tenants
* Illegally accepted HOA payments into his own personal account as opposed to the HOA company (we have proof of this)
* The board president has been sued for 5 million dollars by a home owner and we as home owners have to pay the legal costs
* All of us risk losing our homes as he is illegally building on common areas and our homes need serious work as he has embezzled all the money


Please help us as there are a lot of us home owners that feel we have been seriously victimized. We have contacted the attorney general but no result.

**A: you need to get together with as many homeowners as possible and hire your own attorney. First step is a TRO on the bank accounts and the ongoing construction.

[zimtekcom]

Note: I'm not an attorney, but am an association president, and I have seen a few things over the years.

Where is the management company in all this... Try to contact the attorney of the association probably provided by the management company (this may be difficult as they may not be authorized to talk with anyone but the board.)

Gang together, hire an attorney and threaten to sue the management company, as it is clear that the Association President isn't afraid of legal action. Unlike the President of the association who is normally indemnified for his actions as a board member... the management company idly standing by is not. If in fact he did have a vote that did not comply with the minimum quorum or other requirements of the CC&R's, By-Laws, and local laws governing the association and the management company is made aware, then they too will be liable.

I'm curious, is he an attorney? if he is, then report his fraudulent actions to the appropriate disciplinary commission.

Sue the association itself for damages...! Also, Make claims for any losses or damage to the property (common or individual) due to his board actions to the HOA Master insurance policy, these could be covered under errors and omissions liability... and could help get the big guns involved.

If there is provable fraud, contact your state attorney general...

Who are the other board members? Review the CC&R's to find out what percentage of homeowners it takes to remove an officer. If you have enough support, then by all means get the number of owners required to demand an emergency meeting for a vote of no confidence and make it happen.

And Finally, if any common area element (or value of) is significantly changed it would normally take a significant owner vote and possibly a %100 vote of owners and mortgage holders affected to make it a legal change. So his building on common areas would affect all owners... Get the Mortgage companies involved, get all owners to contact them with specific provable details about how he is negatively impacting the value of the property contrary to the CC&R's... They too don't want to their properties devalued or damaged, have common elements altered, reduced, neglected or destroyed... and they too have attorneys.

It sounds as if this matter has quite a bit of momentum and didn't happen overnight... unfortunately, the board probably wont be reclaimed overnight either. Get a group of supporting homeowners together to get that legal counsel right away, because any effective counsel won't be cheap.

good luck,

--Bill Zimmerman--
President, Home Owners Association
Horizon View Condominiums, Seattle WA

[sambo584]

from what you posted here,there are some seerious crimes that have been comitted here.
contact your local DA and then seek the advice of the attorney general...if there is criminal activity they will find it and it would most likely be the quickest way to get him out!