ATTORNEYS FROM THE LAW FIRMS OF RMWBH AND HOOVER SLOVACEK, LLP ARE UNDER INVESTIGATION

By Harvella Jones

Texas 2019

If you live or lived in the Village of Town Centers Subdivision in Rosenberg, Texas, and you live or lived on one of these streets:  Hemple Drive, Divin Drive, Emilee Ct, Stevens Court, Taylan LN, Gibbons CT, Law Ct, Walid LN and Hemple Drive, you are or were illegally annexed to the homeowner association, The Villages of Town Center O.A., Inc.

 

If you have lost your homestead due to a Village of Town Center’s HOA foreclosure in Rosenberg, Texas 77471, you may want to seek legal action against the association.  If you are being extorted out of your money for assessment fees you are not obligated under the law to pay, you may want to seek legal action against the association.

 

This is an ongoing mortgage and annexation fraud in this community.  Take a look at your closing papers, which include your deed, title, etc., including a Planned Unit Development Rider, and if you see the name “Villages of Town Center Owners Association Inc”, your property is not legally annexed to that association.

 

The street names listed above are located in two sections—Sections 5 and 6, which were illegally annexed under the tutelage of the then President of the association, Wenonah Arthur, and Attorney James H. Leeland, Hoover Slovacek, LLP. 

 

This annexation and mortgage fraud started with the 2002 voting failure to pass the annexation.  Instead of trying again until they were legally able to pass the annexation, they took the 211 proxies they had collected (which transformed into 204 votes) and represented to the community and the courts when they filed the fake annexation documents that the annexation was successful.

 

The fraud was uncovered by me in 2009, but because of my earlier  exposure to the fake proxies, I was plagued with “res judicata” defenses on the part of the perpetrators.  Since I am the whistleblower who uncovered the ongoing fraud in this subdivision, it was very important for the association with their agents to destroy me as best they could.  First they tried to take my house but that did not work so then they orchestrated an illegal vexatious litigant charge against me.  That is not going to work either due to our checks and balance system to ensure all wrong is made right again.

 

It was not until 2011 when I received an intent to foreclose from the law firm of RMWBH’s attorney Clinton Faver Brown that I realized the attorneys from Roberts Markel Weinberg Butler Hailey (RMWBH) and Hoover Slovacek, LLP were working together to take yet another home from me.  (I lost one due to a HOA foreclosure in Kingwood, Texas December 5, 1995.) However, this time, their client did not have the jurisdiction to do so.  In the state of Texas, an association must be legally annexed to the lot they want to collect assessment fees on and foreclose on.

 

These particular attorneys are members of the Community Associations Institute (CAI).  The CAI are advocates for the homeowner associations and these particular attorneys (Thi “Nina” Tran and James H. Leeland with the law firm of Hoover Slovacek, LLP and Marc D. Markel, Clayton R. Hearn, Amy M. Vanhoose, Dawn S. Holiday, Jonathan Anderson and Clinton Faver Brown with RMWBH aka Roberts Markel Weinberg Butler Hailey) help perpetrate the fraud not only in the Village of Town Center Subdivision but inside the courtroom.  They personally counted the proxies and handed the proxies to me with the knowledge some of the proxies were duplicates and a fake proxy count.  They filed fake documents with the Ft. Bend County Courthouse representing to the court system their client’s annexation was legal.  Attorney James H. Leeland represented to me in a letter that he and others had counted the proxies and their client had more than enough proxies to pass the annexation.  This was a blatant lie.  They only had 211 proxies and needed 289 and of the 211 proxies collected, the vote was 204 for annexation.  There were 434 houses in sections 1, 2, 3 and 4 that were voting to annex sections 5 and 6 to them at the time this annexation election took place.  They needed  2/3’s of the 434 owners to cast a  minimum of 289 votes to annex the 2 sections to them.

 

The price paid for attempting to resolve this issue was to be illegally placed on the Texas Vexatious Litigant list with the assistance of Judge Jeffrey McMeans, County Court 2 and the reinforcement of it by Justice Tracy Christopher’s failure to review the one remaining point that would have started my path off the list. 

 

Christopher should never have been on the panel because I wrote a book, “The Texas Homestead Hoax’ and she has her own special chapter (Chapter 17, “The Black Robe” , page 97) because of her bias interference in a lower court’s jury process when she was serving in the district court.  She was recused back then but refused to recuse herself this time.

 

Judge McMeans had the opportunity twice to do the right thing and allow me to speak at two separate vexatious litigant hearings but he chose not to do so.  He became enthralled by the carnival atmosphere created by the attorneys who had conspired with the association to defraud approximately 200 families in the Villages of Town Center Subdivision.  He also refused to recuse himself.

 

The Fort Bend County Judicial System is flawed and corrupt right down to the clerks who selectively direct you to the same 14th District Court of Appeals to fail because more than likely your case will go directly to Justice Tracy Christopher or one of the other justices she may have contaminated with her bias rhetoric and failure to follow the law.  She is obviously considered the HOA expert in the 14th Court of Appeals and somehow ends up on panels for HOA-related appeals.

 

So corrupt are the attorneys from the above mentioned law firms that one of them hired the daughter of the judge homeowners in my community were before, unknown to us.  Judge Thomas R. Culver with the 240th District Court, Ft. Bend County, is now deceased.  His daughter, Courtney Culver Schaefer, worked for RMWBH, while they litigated against homeowners in my community regarding the annexation and mortgage fraud.   Not only do they hire relatives of judges, they also hire the judges when they retire.  They hired Judge Pedro Ruiz to work for them after he retired.  He now mediates for them.  He was in the 240th district court, Ft. Bend County, and heard my case.

 

These two corrupt law firms have brought havoc to my community and in the courtroom when I tried to get justice and when approximately 35 other families tried to get justice.

 

When we purchased our home, we were forced to sign the closing papers or it was represented to us that the company financing the loan would not close the deal unless the HOA was part of the closing papers.  Since we are homeowner advocates and had already had a bad experience with HOA’s, we did not want any connection with a HOA, not realizing at the time that we were actually not connected to a HOA.

 

It was ironic that I ended up being appointed to the board by Wenonah Arthur (former president of the HOA) which is when I was presented with all the annexation documents.  It was my subsequent running for the board that opened up Pandora’s box.

 

The developer’s (Intercontinental United Investors Group..I.U.I.) plan was to have “all residents of the Future Sections,” pay “$150.00 per lot Initiation Fee (“Initiation Fee”) and payment of certain costs (“Direct Cost”) of operation of the Recreational Facilities, shall have the right to full and complete use of the Recreational Facilities at no additional cost.” (Annexation and Use Agreement FBC 2003005157 8 pgs)

 

Sometimes our judicial system fails us as it did not only me but approximately 200 other families living in the Village of Town Center Subdivision.  However, unfortunate for those who do not respect the rule of law, in their haste to destroy the property and constitutional rights of others, they often leave a paper trail that cannot be erased.  

 

Therefore, since the judicial system failed the owners living in the Village of Town Center Subdivision, an official complaint has been filed and all evidence has been made available for inspection. 

 

It is recommended if you have or still live in the Village of Town Center Subdivision that you contact and file a complaint with the following:

Senator Ted Cruz

Russell Senate Office Building 404

Washington, DC 20510

 

Senator John Cornyn

517 Hart Senate Office Blvd.

Washington, DC 20510

 

Rep. Pete Olson

2133 Rayburn

Washington, DC 20515

 

FBI Headquarters

Attention:  Intake ID #3099514 and ID # 3249939

935 Pennsylvania Avenue, NW

Washington, DC 20535-0001

 

The 211 proxies have been sent to Senator Ted Cruz’s office in Washington, DC 20510.  The documents mentioned in this article can also be viewed on line in the following lawsuits :  Cause No. 06-DCV-148537 Harvella Jones, Karen Hawkins, Lawrence Hall, Lodegario Conongo, John E. Kolata, Carlos and Barbara Cavazos, Linok Sanchez, Jr and Sylvia J. Sanchez, Max Acciaga, Gonzalo Martinez, Kimbell R. Berry and Pamela K. Berry, Sylvia Inrogo, Linda White, Herman and Bessie Clay, Hona Van, Adolfo Aguilar, Armando and Linda L. Garza, Jackie and Stacey Johnson, Andrea Nelson, Heather and Nat Degges, Maria Mascorro, Ruben Fonseca, Tim Cantu, Maggie Baladez, Modesto and Ana S. Amega, Jr., Patrina Greer, Daniel F. Lopez, Moises & Dora Gonzales, Rodrick and Arika Jordon, Joskie and Rosalynn Jenkins, Candido Reyes, and William and Tammy Nelson v Villages of Town Center Owners Association, Inc.; Cause No. 11-DCV-DCV-192143 Harvella Jones v Villages of Town Center Owners Association, Inc.; Cause No. 14-CCV-052079 and 14-14-00216-CV Harvella Jones v Thi “Nina” Tran, James H. Leeland, Marc D. Markel, Clayton R. Hearn, Amy M. Vanhoose, Dawn S. Holiday, Jonathan Anderson, Clinton Faver Brown, Roberts Markel Weinberg Butler Hailey PC, aka Roberts Markel Weinberg PC aka Roberts Markel PC and 14-14-00216-CV Harvella Jones v Jonathan Anderson.  There is also a complete set in the office of Hoover Slovacek LLP.

 

 

There is no need to contact this organization.  Contact the above subject contacts in this article if you have a complaint and live in the Village of Town Center Subdivision, Rosenberg, Texas 77471 and want this matter investigated pertaining to your lot.

 

 

If you know of anyone who may have lost a house because of the Villages of Town Centers O.A., Inc., you can share this  article so that they can get instructions as to how to get their claim resolved.   Also, if you know of anyone who moved or have paid out excessive fees to the association for assessment fees they were not legally obligated to pay, you can share this article with them. 

 

 

This community have new owners and they are not aware of what has occurred in this community and may be the victim of harassment for assessment fees they do not owe.   Share this article with your neighbors and friends.

 

 

If you want to file a class-action lawsuit against the Villages of Town Center Owners Association, LLC, contact an attorney.  All the evidence is on file with the Ft. Bend County Courthouse as previously stated in this article and can be electronically obtained via the websites of the Ft. Bend County Courthouse and the 14th Court of Appeals.

 

 

Our job in this organization is to help homeowners protect their property and constitutional rights; to expose perpetrators that violate our property and constitutional rights and to be diligent about holding our legislators accountable to the rule of law that protect our property and constitutional rights.

 

 

We are always looking for like-minded advocates who believe in the same principles we believe in and if you are interested in joining us, please click the “join us” button you see on our website.  It is $42.00 annually to join and the $42.00 help us to pay our operating costs and administrative costs.   We are all volunteers and pay for everything we do out-of-pocket.  We do not get grants.

 

 

Our motto is “When you stumble into corruption, the only way to get rid of it is to speak out.  Silence is a passport to more corruption.”

 

The National Homeowners Advocate Group, LLC © 2019.  All Rights Reserved.

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LAW FIRMS RMWBH AND HOOVER SLOVACEK LLP FRAUD EVIDENCE

Attention:  Homeowners living in Sections 5 and 6 of the Villages of Town Center Subdivision, Rosenberg, Texas, count the proxies for yourself (204 votes is all they got)...they needed 289 votes and there are only 211 proxies...you do the math.    Also, for your inspection is the letter sent by Atty. James Leeland with the law firm of Hoover Slovacek, LLP, in which on page 3, he said he and others counted the proxies and the annexation was passed.  However, evidence indicates the annexation failed.   Also, read the minutes of the HOA which indicated Atty. James Leeland was there from the very beginning of the annexation scheme.  Also attached is the Annexation and Use Agreement the developer created that will give owners in Sections 5 and 6 the information pertaining to what was supposed to happen if not for the illegal annexation.

Hoover Slovacek LLP

MINUTES Atty Leelan

correct true 211 proxies 1of4

correct true 211 proxies 2of4

correct true 211 proxies 3of4

correct true 211 proxies 4 of4

Annexation and Use Agreement

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A HOMEOWNER SUCCESS STORY!

by
Joni Skibo

August 18, 2017: Joni Skibo is a member and officer of the National Homeowners Advocate Group. She has fought a long and hard battle with her homeowner association (HOA) and following is some good news from her—enjoy!:

- Hello Every One -

- I Just stopped in to Let my fellow Home Owners and HOA Reform Advocacy Group Members know, what has been Happening in my Life over the last 15 years-

- After Years of fighting against the Abuse's & Punishments being pummeled against Myself & My Husband by our HOA and it's Board of Directors - WE were forced to File a Lawsuit against them, ( cause # C-564- 02-D - filed in Hidalgo County, TX.), the Case was Filed against: 'Green Gate Grove Property Owner's Association & it's Board of Directors for: "Intentional Infliction of Emotional Distress" -

- Waiting 5 1/2 long Years for the Case to go before a Judge and Jury,.. we are happy to announce it finely went to Trial...

- The Trial lasted nearly 3 full weeks - We Presented over 200 peaces of Evidence and Called several People as a witness to give Sworn Testimony on the witness Stand,,,

- We where also called as a Witness - We Testified about How the Board continually Harassed & Threatened Us - We also gave examples & instances of How the Board intentionally made our Lives Miserable, adding how the Board had Abused their Powers by Denying Us our right to Vote, and Denied our right to Check-out the HOA's Books a & Records - Also Denied an Independent Auditing Firm ( which we had Hired) to Audit the HOA's Books, Banking & Accounting Records -

- We also Testified to the Fact that several Board Members Encouraged other Homeowners to do damage to our House and Lawn - the Board also Vocalized encouragements to everyone who lived and Attended Meetings in the HOA, " to offer-up Ideas of Different ways to Harass & Intimidate Joni, so she would No long what to Live in our Community & Attend our Meetings, because she is nothing but a Trouble Maker " -

- We as the Plaintiff's also Provided Medical Records/Doctor Reports and Photos showing the Physical Harm done - Cuts and Bruises resulting from a Physical Attack on TWO Separate Occasions by two different Board members

- We also provided and was allowed by the Judge, to show several Video Types that Proved the Board would Incite and Encourage Violence & Hate towards Us during several Community Meetings. -

- After carefully listening to all the Witness Testimony and Reviewing all the Evidence, a 12 Person Jury was excused from the courtroom to Deliberate, based on the Facts of the Case -

- TWO (2) Hours later, the Jury came back into the courtroom with a Unanimous Decision... They Found the HOA was GUILTY of: Forcing the Plaintiff's to endure years of Harassment, Threats and Abuse's by the HOA Board of Directors and thereby did; "Intentionally Inflict Emotional Distress upon the Plaintiff's" -- The Jury rendered a Judgment, which was entered into the Count Records: Monetary Damages shell be Awarded to the 'Plaintiffs' in the Amount of; $363,000..dollars - for Past and Future Medical Treatments that may be necessary. -

- Afterwards My Husband and I then Decided it was in our Best Interest to SELL our small Custom-built Retirement House, which had been located inside the gates of Green Gate Grove HOA community, located in Mission Texas - And Moving back to our home State of Michigan,..... where we decided to Place a Modular Home on Property we owned Up-North, in the Tip of Thumb -

- After Living in the Tip of the Thumb of Michigan for 10 Years ( enjoying the Spring, Summer and Autumn months... but then drive our RV south to avoid the Cold & Snow-staying in Florida during the Winter months ),, we eventually decided to Purchase a Pool House and permanently Move to Florida... so we Sold the House in Michigan and are currently enjoying the Warm Temperatures & Sunshine of Florida year round --

-- IF ANYONE, including the Members of this Group wish to Contact Me - feel free to Send an Email to:: Newquilter2003@yahoo.com

* * I'll send back a Reply with-in three days * *

Hope to Hear from You Soon ?
Sincerely, Joni

The National Homeowners Advocate Group © 2017. All Rights Reserved.

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The National Homeowners Advocate Group

The 1995 Jones Family Kingwood Texas Foreclosure

BEING THE FIRST TO LOSE YOUR HOMESTEAD SUCKS

By Harvella Jones

On December 5, 1995, the world of Johnnie and Harvella Jones was forever changed. This was the day we stood in the court house and watched our homestead be sold to one of the homeowner associations who had foreclosed against our property for nonpayment of maintenance fees.

We had fought a long and hard battle since 1990 when we first learned about homeowner associations. We did not know anything about them when we bought the house in 1988. Back in those days, buyers of second hand homes were not notified via actual notice of maintenance fees.

When we found out about the fees and what nonpayment meant to our property rights, we drove to Austin and made a copy of every piece of paper in the “Inwood vs. Harris” case law file. This case law allowed developer’s to place “contractual liens” on the land prior to you owning the land. We studied the file and then went to the Houston downtown court house to find out how many homes in our Kingwood, Texas community were being threatened with foreclosure.

What we found there was appalling. We found numerous foreclosure filings not only in our community but in other similar neighborhoods and generally the same law firm was performing the repetitive foreclosure filings—Butler, Ewalt and Hailey. We eventually turned our findings over to Geneva Kirk Brooks, with the hope she could do something about it.

At the time of our difficulty with our HOA, there were no organized advocacy efforts by other homeowners that we could contact for help. We checked across the country and except for a few blogs here and there, nothing was organized into a political homeowner advocacy group movement.

We decided to testify in Austin in front of a committee that Representative Craig Washington invited us to. Representative Washington had never heard of an HOA being able to foreclose on your homestead in Texas either and thought, like we did, that our homestead was protected by the Texas Homestead Act.

When we got to the hearing in Austin, there were no other homeowners there but us; however, there was a room full of attorneys who we found out later were cottage-industry attorneys and law firms and other people and organizations and services that thrive on the homeowner association foreclosures we have in this state, as well as California, Florida, Arizona and so many other states now.

On December 5, 1995, we finally realized that yes, in Texas, your homestead can be foreclosed by your local homeowner association It happened a few years later to Wenonah Blevins. Many people still do not believe it can happen to them here in Texas, but, yes, it can. They incorrectly believe that when Wenonah Blevins property was returned to her and there was a lot of commotion in Austin about it, the foreclosure issue was fixed. Not so.

The next year, my husband Johnnie and I, formed the first homeowner advocate group in Texas and in the nation called The Texas Homeowner’s Advocate Group, which is now a 501(c) 3 non-profit organization. The year I wrote my book, “The Texas Homestead Hoax,” Johnnie passed away October 30, 2004. The following year, I created the National Homeowners Advocate Group, LLC.

With Almighty God’s divine intervention, my organization and I, were able to bring about meaningful Property Code changes for the homeowners in this state living in homeowner association communities.

There is still much to do for condo owners because their ownership was not part of the 2011 legislative action that took place for single-family home owners.

We also need oversight for “all” property owners in the state of Texas because while we have better laws for most of the property owners, we still have to take the perpetrator(s) to court in order to enforce them.

We have advocates across the country now and all are involved in making things better for other homeowners as well as for themselves.

In order to get oversight, possibly through a strong Attorney General’s office, we need more homeowners to become more involved in this advocacy. The days of marches and protest around the courthouse and in various communities, may be a thing of the past, which is fine, because we have a more effective and faster process—the internet.

We ask each of you who read this article to start attending your homeowner association meetings so you know what is being done behind your back. Do not let a handful of die-hard retired people run your community. Also when the next legislative year starts which will be in 2019, make sure you know who your legislators are. Do not wait until a foreclosure comes knocking at your door before you decide to do something about it as it will be too late.

We know there is more still to be accomplished. There are more judges to be exposed. More corrupt lawyers and law firms to bring to justice. More homeowner associations to warn people about. There is much needed oversight.

We are all getting older and looking for a place to sit back and relax in and generally think a homeowner association community is the way to go. Perhaps so but there are still a lot of chaos going on, board meetings not going well, run away board members, excessive fines, fraud and corruption, and I could go on and on. We need a strong government agency either state or federal that we can take our issues to because taking them to the local court house is not working because the corrupt cancer cell has eaten away at our rights there and justice is no longer an option there. However, I personally don’t believe in giving up my property rights to any flawed judicial system or corrupt judges or attorneys litigating for a homeowner association. The power of justice is still in our hands, we just have to not give up or let go of our rights.

The video is a brief throw back to the actual foreclosure day  and surrounding events that triggered the homeowner advocate movement in Texas and Nationally.  It is my husband Johnnie and I more than twenty (20) years ago when we dug in and promised to keep fighting not only for ourselves but for others. Some of you who have gone through the same thing as us since that time will be able to relate to the pain and suffering:

The National Homeowners Advocate Group, LLC © 2017. All Rights Reserved.

 

 

 

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VTS 01 1

The December 5, 1995 Texas HOA Foreclosure of Johnnie and Harvella Jones’ Kingwood Homestead that created the homeowner advocate movement that eventually led to legislative Texas HOA Reform in 2011.

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VTS 01 1

The December 5, 1995 HOA (Homeowner Association) Homestead Foreclosure of the property of founders of the homeowner advocate movement Johnnie and Harvella Jones, Kingwood, Texas.

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UNDOING A REVERSE MORTGAGE


June 27, 2017
By Harvella Jones

About four (4) years’ ago, I wrote an article against obtaining a Reverse Mortgage called “The Peril of Reverse Mortgages in Texas”. You can find it on this website.

A reverse mortgage is one of the quickest ways to lose your home to overwhelming debt which accrues as you are living in it via interests at roughly 8% annually, taxes and penalties, which leaves nothing to pass along to your surviving relatives. In Texas, you lose the ability to defer your taxes when you obtain a reverse mortgage. This is something normally not revealed to you when you create this mortgage.

However, there is a little bit of good news. You can undo a reverse mortgage but sooner is better (3 business days). If you wait too long, you will be put into the position of any other mortgage debt you have that requires paying off the debt which by then is generally higher than when you first entered into the agreement.

The sad part is lenders feed on senior citizens living on fixed incomes who are drawn to the idea of having a large sum of money at once that they can use to take a vacation with, do repairs or help with other monetary needs. As long as you are in the home and it is in your name, there is no need to pay the money back. However, upon your death or move to a retirement home or assisted living facility and the house is no longer in your name, the tax collector will execute documents to collect the outstanding debt.

My opinion about reverse mortgages is the same as it was four (4) years ago. I suggested not creating a reverse mortgage on your home in 2013 and that is still my suggestion. If you have been fortunate enough to have a home paid for and you want to will it to your children, then it is best you do not take out a reverse mortgage on your homestead.

Contributing articles:
“How to Undo a Reverse Mortgage” January 29, 2011 by Jack Gerard
“Can You Get Out of a Reverse Mortgage” (Author unknown)
“How to pay off a reverse mortgage” September 26, 2011 Ilyce Glink

The National Homeowners Advocate Group, LLC 2017. All Rights Reserved. ©

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LOCAL VOTING IS IMPORTANT TOO

by

HARVELLA JONES

Texas. Let’s not forget about the downside of the voting slip. Judges are running locally for office as well. I would like to bring attention to one judge in particular—Judge Tracy Christopher. My husband and I had the misfortune of being in her courtroom back in the 90’s. We sued our former lienholder for wrongfully foreclosing on us when we no longer owned the house or were physically in the house.
Christopher took it upon herself to interfere with our jury trial by responding to a jury question in a way that stopped the jury from deliberating. We lost our case because of her. I devoted a chapter to her in my book—“The Texas Homestead Hoax”. She eventually ended up in the 14th Court of Appeals in Houston, Texas.

Several years ago, I appealed a case and interestingly enough, it went to the 14th Court of Appeals and Christopher was one of the jurist on my appeal. She should have recused herself because she is bias against me but instead she made a ruling along with the other two jurists and. of course, I lost what should have been an easy win for me.

There is an opponent running against Christopher. If you are a homeowner in the State of Texas, you just might end up appealing your case one day so this is a warning to you that you really don’t want Christopher sitting on a panel reviewing your case. She has no respect for homeowners litigating pro se, she is bias and she doesn’t respect the rights of homeowners. She is for big business.
The way to go is to vote NO for Judge Tracy Christopher on November 8th or before if you early vote.

Homeowner_associationsThe National Homeowners Advocate Group, LLC © 2016  All Rights Reserved.

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SATELLITE OFFICES

We have satellite offices across the United States and throughout Texas.  Our links do not  currently work on our website.  We ask if you are in need of information, etc., that you contact us on Facebook with your contact information so that we can get you to the correct office.  We will also be working on listing our satellite offices on our Facebook page.  Thank you

The Staff

 

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I-Team: Homeowners Vote Out Their HOA President

by Dana Fowle
Aired July 22, 2016

AUSTELL, GA -
Homeowner's associations often bring communities together, but when they don't they can create deep rifts. And that is what's happening in the case of a Cobb County neighborhood association.

Some of the homeowners in the Cobblestone Community Association got a lawyer, held a special election and voted in a whole new board. Sounds like that would be the end of it. But, it's still not over.

"We actually had an election April 30th. We invited our attorney to make sure we were following everything by the letter of the law," said Merinda Hutchings-Donovan, the newly elected board president.

In a letter to the years' long HOA president Blake Kenya, the new board informed him "your term expired" and demanded he turn over all of the "books, records" and "banking information."

"He decided to send his own letter that said, 'Oh no, that's not true,' Ms. Hutchings-Donovan said.

Yes. He sure did. Blake Kenya fired back calling the election "inaccurate" and "false."

The new president asserted, "It's a done deal."

On paper maybe, but not so much in practice, because when the Fox 5 I-Team talked to Blake Kenya he wouldn't commit to stepping down.

The newly elected board is tired of waiting, so they filed suit against Blake Kenya. The suit claims he continues to represent himself as the head of the Cobblestone Community Association and has "deposited and expended funds collected...from members of the association for unknown purposes..." They want him to walk away from the job and hand over all accounting and banking records.

But here's the problem, according to the new board's attorney, deputies haven't been able to find Kenya to serve him.

"We filed a lawsuit, but we can't even get it delivered to him," said Merinda Hutchings-Donovan.

The rift between these Austell homeowners and their neighborhood community organization goes back more than a year. We watched as a neighbor shouted roadside to Blake Kenya, at the time the sitting HOA president.

"Why don't you show up to the meetings with all the people? We're trying to vote you off," he said.

We were also there when frustrated neighbors met last November to talk about removing him from the board. Mr. Kenya tried to cancel their meeting, so a neighbor positioned himself under the sign to say it's still on. Then someone called police.

The neighbor explained what happened to the group.

"I just want everyone to know he's doing everything in his power to keep us from coming together."

And so here they are. A new board has been elected yet access to the Cobblestone Community Association's books is still out of reach. They don't even have the keys to the message board. They post handmade signs in their yards to deliver messages about meetings.

"We actually have to use this, utilize these signs. We have two, maybe three of these, actually have two or three of these," said the new president with one of those handmade sign.

And a basic question I asked Blake Kenya on the phone still goes unanswered....

"This is a volunteer position. Why won't you let go?"

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