I-Team: Homeowners Vote Out Their HOA President
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- Опубликовано: 21 июл 2016
- 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?"
probably because he's been embezzling money, if he turns over the books, he'll probably go to jail.
you sir, are correct me thinks. The second they have the books, he's doing 25years.
🎯
I had the same problem in Phoenix. Our HOA was taken over by a proxy. The man who took over bilked the HOA out of $250,000. To make matters worse, this guy had contact with some very high level lawyers and had managed to get over $6,000,000 out of four HOAs. The Arizona Attorney General at the time had to abandon prosecuting the case because this guy put up so many writs and motions that it would have cost Arizona $12.000,000,000 to prosecute this guy to get back $6,000,000. Good news - they actually got him for felony domestic violence.
You read my thoughts Russell, and I think anybody who is looking to buy a new home that has a HOA, I think it would be wise to talk with other home owners there to make sure that the HOA is a good one, and not a living nightmare to be apart of..
First thing I thought!!!! $$$$ money money money money money ............moooooney !
I've NEVER heard of an HOA bringing a community together.
A common enemy helps.
Then you are a youngling.
It’s the community coming together that gives birth to the concept of an hoa.
Development companies found out about hoas and abused this to milk new homeowners buying new houses.
@@YoYo-gt5iqThat's the ticket.
Never!
The only time I did live in an HOA, it technically did when they were wasting money and everyone got together to sort them out. The board tried to limit to "one question each" and then claimed that "Do you agree..." as an opening statement constituted the speaker's question. Someone pointed out that, so long as there weren't any other questions at that time then it could go around "again" to the original questioner. That stunt destroyed their credibility and they were all thrown out.
It's not hard to figure out he stealing the money
TODD G n
Right I was gonna say that there's a reason he's not handing things over
TODD G basically
The only reason he'd refuse to turn it over is that not only is he stealing the money, the money's gone. Like completely gone.
Easy enough to fix - Have the new board file a lien against his property.
Lein nothing. Sell the place right out from under the SOB.
If you don't want to go to jail for fraud, that action starts with a lein!! But people these days are crazy, maybe you like jail?
You can't put a lien on his property or sell it if you can't prove he's behind on dues. Without the books you can't prove it. I think he's paying himself a salary out of the dues. Because if he had a regular job they could of served court papers there.
Deeznutz ! He has been fired refuses to hand over keys books accounts. Lien on house inform court he's sell. Then one in control sell it to recoup what he's has embezzled.
They can’t prove he is behind on dues up to the point the new board took over. But after that point, if he truly believes that the new board isn’t legitimate, he won’t be paying those dues to the new board, and they will have proof that he has not paid his dues to them.
That would allow them to fine him - if I owe you money and give that money to the panhandler at the freeway onramp instead of you, I have not paid the money I owe. He’s in the same boat. If he fails to pay the resulting fines to the current board, even if he does ‘collect’ the fines himself, that would allow a lien to be filed, and eventually lead to the seizure of his house for non-payment.
I’ll be damned if I EVER bought a house where some strangers can tell me what I can and cannot do with my property
When shopping for property, look out not only for H.O.A.s but for C.C. & R.s (Conditions, Covenants, and Restrictions) too...
Virtually anywhere you buy a house there will be restrictions on what you can and cannot do with your property.
@@kajekage9410 thats so different,not ecen the same,have u seen stories?complained about ramp for disable person, a shade for children to pkay in the summer,color of the house doesnt look right ,roof is not looking good and etc...
@@Kreepinsgirl coherent sentences are hard.
That is all willing good. However, you still have to answer to the county if you do not meet county standards.
As an Australian I can't get my head around why anyone would buy into an HOA controlled property?
yeah, really... nothing like paying a mini mortgage on top of your regular one
Don Kinzett some people enjoy the way of pain lol
@@StalkerWolf Ah yes , an ever increasing mini mortgage .
body corporate is the closest i can think of,i dont know about gated communities,aussies arent such arseholes,they have their stoush and move on.
I agree with you because it's like owning your own apartment at this point lol
None of this would happen if there wasn't an HOA to start with!
Know how to make him step down? Quit treating him like he’s the President. Ignore him at all the meetings. Take away his power. If you listen to him it even give him a minute of your day, he’s winning the game.
This. People only have power when other people give it to them.
Don't think he's showing to meetings or else they could give him the supeona !!!
I think he still has books, keys, accounting, etc that he’s refusing to turn over.
I saw a picture of the president. All my questions are answered.
It's simple - the HOA's new board can have an attorney submit certified letters to the former board and CC the local police department and city attorney. If the old board fails to produce the books and funds which are property of the HOA, the new board can place a lean on the homes of the old board until the books are returned. If the books and funds are still not handed over to the new board, the new HOA board sells the homes to recover the losses - and the PD has arrest warrants issued for felony theft/embezzlement ("conversion" in Georgia). The books and funds were never the property of the board members, but rather the HOA. A crime has been committed here, and the police should be involved by this point. If local PD are unwilling to pursue these former board members, county or state police are always available.
He won't hand anything over because he has embezzled like mad and he doesn't want to go to prison. Simple as that. DO NOT BUY HOA HOMES people!
they need to get rid of the HOA all togeather
I don't think you can get rid of an hoa can you?
They can vote to disband it.
Not here. Our how has a baseline of responsibility it must execute
Have seen it done..but controlers seem to hinder the loss of the extorted, embezzled, and stolen funds. .
he was screwing around with the books now he's trying to buy time to fix it....
You know that guy is embezzling
Buying a home in an HOA is like walking into a bar and instantly becoming business partners with everyone in the place.
Yeah, business with a bunch of drunks & alcoholics & we know how that will work out, 100% failure!!
It's worse then that. You get told whether you can drink a beer or not !!
The bartender: youre drinking tequila tonight.
Me: can i get a beer?
The bartender: you can submit a request and we'll vote on it at the next board meeting
"HOA brings communities together."
Well he's technically right. Together against him.
That was my thought. The only time ive seen an hoa bring people together, its to remove the hoa. Its like saying an abusive company getting sued by its employees brought them together 😂😂😂
In my experience anyone going to that much trouble to stay in control is hiding criminal activity.
4 years later, any update
"Who's running the community?"
You should not need anyone to run your community.
Next step should be to talk to the DA about charging him with misapropration of the HOA funds, and issue a warrant for his arrest.
Up date!!!
Did they ever find the worm?
Why i won't ever belong to an HOA. They charge to be there, and have more control over the property that you own, than YOU do. It's like having to pay the mortgage on the apartment you are renting.
I hope these people went after that guy with a warrent for his arrest for not turning over those documents and funds.
When you dont want to hand over the books, the answer is usually in the books.
His ass going strait ti prison when they go over the books..thats why he dont want to leave lol!
He's a crook or he needs to hand everything leave the position. Probably the whole neighborhood doesn't sound like he's wanted. So go
I'm not even IN the HOA that is suing me for "back dues" of $5,400. They keep losing in court so they just keep appealing.
HAHAHAHA exactly what do they think is going to happen? The courts will be dumb to rule in favor of them?
Shohola PA why not sue them for harassment
Shohola PA can’t you counter sue them for emotional stress over constant harassment. Make sure that if you can’t get the entirety of HOA there sued, then at least the person in charge.
Maybe you can do that? Call your lawyer
Next time counter sue for harassment and loss of enjoyment with evidence of not belonging to HOA. Get a judgment against the HOA. If the HOA doesn't pay up then place a lien against HOA funds and common property. If you get this far you can have fun with the HOA.
Sounds like vexatious litigation to me.
Get your State Attorney General to investigate. Sounds like embezzlement.
Never buy a house in an HOA.
All about the money and the ability to tell other people what to do. Just a micro version of the federal government and shows why that is all messed up as well.
Pretty much.
He isnt handing anything over because he knows he will be found out! BUSTED lol
This happens often, in co-op apartments too. Get a judge to past an injunction. The residents are allowed to elect a new board anytime as long as they have the proxy.
Change the locks, go to the bank, get new signatories, take posession of the office. Simple stuff. You dont need him. You are the legal board
When an HOA treats individual's like an employee instead of a tenant, you know your complex is in trouble.
simple solution stop paying the fees desolve the HOA and if you like living under HOA bullshit and crimnals that run it then reorganize and for a new one. chances are the guy embezzled all the money which is why he won't turn over the books.
A couple things:
First, if personal service of a lawsuit can't be done after several attempts, the law provides for other methods of service. So hiding from the process server might delay things a bit, but not forever. The lawsuit *_will_* eventually go forward.
Second, this HOA has some serious organizational deficiencies if they have allowed one individual to single-handedly control all the keys to the kingdom. Bank accounts, business records, books...even the literal keys themselves! You *_never_* give one person unlimited exclusive access like that. No checks and balances. What were they thinking?
Probably one of the reasons people were fed up with the HOA, was because of that obvious concentration of power. It was likely impossible to notice, before it was too late.
Totally agree that you don't give one person exclusive access. We have a 5 person board and we all have access to the banking and books. If something has to get paid or anything is needed for the community we have 2 signatures required.
In this case a default judgement is useless. :(
I agree but if all members of the board are corrupt....
I have seen videos of entire boards being arrested for fraud, theft etc.
Guy is backing himself into a very tight hole. Sooner or later a search warrant may be issued to enter his house to get the requested items and maybe a warrant for his arrest. It would be nice to see this jerk in jail for a couple of years. You know it is coming where they find out he has been using the HOA funds for his own benefits.
Probably because funds have gone 'missing' so he's scrambling!! HOA's are a joke, in most cases!!
I've never seen a HOA bring anybody together unless it was against them.
me: whats the new word for the day elmo?
elmo: embezzlement
Yup I’m going through foreclosure right now due to fraud charges on my leisure that was placed by the secretary of the board
Just another reason I made sure to not purchase my home in a neighborhood with an HOA. They are evil.
Audit the bank accounts and financial records and you might find out why he won’t leave.
Don't pay your HOA fees and open up a new account. Change the locks...ect getter done
But all the back money he has stolen?
He needs to be imprisoned.
He won't step down is because he embezzed the money and hes trying to avoid going to jail!!!!!!
He DON'T wanna leave that MONEY!
Nice follow-up on this story FOX 5 Atlanta. OH WAIT, there HASN'T BEN ANY FOLLOW-UP!
....my bad.
"Home owners associations often bring people together" lol when?
When they need band together to fight off the HOA.
When they band together with torches and pitchforks and go after the the thieving board members.
Generally the Treasurer, not the President, Controls the funds.
Thank you for posting this insightful video.
Maybe they should file criminal charges against the board president that way the Sherriff could get a warrant to search his house for the HOA's property,
He's not giving up anything because he's dirty. He knows it, he just doesn't want anyone else to because it means jail time for him.
Sounds like that guy just doesn't want anyone to see what he's been up to with the homeowner's money all this time.
Abolish the board and the HOA. Send former president to jail.
He's hiding the fact that the money he's in charge of is probably gone!
He could just hand it over and walk away but he won't because he's trying to DELAY!!
What's he hiding?
"Homeowner associations often bring people together"
Said no one who lives in an HOA
I requested review of documents and they are not showing it to anyone.
He doesn't want them to ever see the books because once he does they'll see all the stuff he spent the money on assuming it didn't all go into his pocket.
I have scoured the Internet to see how this story ends but this video is the latest update I can find. I plan on contacting the I-Team.
They need to contact the IRS and have the auditors come down there to investigate all the book records.....he is hiding something obviously....where is the bookkeeper to give track of all expense and assets
I used to live in Austell, have friends in this community that still have issues. I would make them come to my house because this HOA used to have 200 rules just for guest parking and parking overnight.
Communist tyrranny on a local level & ole Kim Jung Whatever in North Korea is grinning ear to ear!!
Couldnt you just withhold the HOA due at this point. Have the People put each Months HOA due aside until the issue(s) is Resolved
So I'm watching this 4 years after the fact.... Do you think the Donald saw it and decided "hey, that's not a bad idea 💡" 😂 😂 🇮🇹
👍😂
HOA President is Shady as Hell..🙄
I am on a HOA board and no way any board members should have access to the funds! They only approve invoices.
Where is the management team who should have all that information.
Can't they get a court order to seize the bank account and get a printout of transactions
has he been found & also he sure be jailed
I've never heard of an HOA bringing anyone together.
They need an audit of the books.
I WATCHED A VIDEO ABOUT A DUDE THAT WAS HAVING TROUBLE WITH HIS HOA, OVER LIMITING HIS COMPANY AT HIS HOME SO HE WENT ON "ATLAS EARTH" AND BOUGHT THE LAND THEIR SHED SITS ON, NOW HE GETS RENT BY THE SEC FOR THE REST OF HIS LIFE. 😆😆😆😆 BRAVO!!! 👏
I'VE NO IDEA HOW IT WORKS BUT I THOUGHT THAT WAS A COOL DEAL.
HOAs often bring people together..." I spewed my drink all over the screen at that. Oh Fox. You ALWAYS crack me up.
He was 100% embezzling funds and just doesn’t want to be caught
Get a warrant for his arrest. He is officially a fugitive.
All of the homeowners should put a stop payment on all of their checks that they sent to the old HOA board. If that president has been voted out and is no longer valid, then the old board is no longer authorized to spend their money.
I found my dream house years ago it was in a neighborhood with an HOA, fired my realtor too, told that silly woman didn't want to live in a HOA neighborhood 😑 😒. They should file a million dollar mechanical lien against his property, bet that will smoke him out.
File a criminal complaint.
Sounds like he might be hiding some financial wrong doing?
Dismantle the HOA
He's gotten used to the extra money that he has control over! Anyone care to bet that he has no idea where the money is? He has a Napollion complex and isn't about to give that money up!
Had you had a conclusion to this story I would have subscribed to your channel but based on this I will only find it aggravating
The way you get the books is you get a search warrant to retrieve the books from everyone of his known legal residences. Once you get the books, if he has unlawfully withdrawn money from the HOA then file a lien for the money he stole, and foreclose on his house.
How to serve him, get a Search Warrant approved to get his GPS location on his cell phone activated by the Police so they can locate him and serve him a search warrant because he is intentionally avoiding being served (i.e. obstructing justice).
All of this for an HOA position? I mean I may be not in the loop or something but does that hold a lot of power? Why is this man refusing to let go
baby HOA president..... YOU CAN'T FIRE ME I AM PRESIDENT!!!!!! LOL big baby
was there any out come from this?
It seems the only reason he won't resign is...maybe he has something to hide. HOA's usually have a Secretary & Treasurer who also keeps records so where are they in all of this?
Homeowners should vote to disband the HOA.
I hope they just stopped paying the dues.
I suppose there's no way to serve by publication in Georgia?
This is 3 years old...how'd it turn out?
He probably embezzled money and doesn't want anyone to find out.
I like how the reporter pretended to be on the phone with someone.
Take a letter from the attorney to the bank. Show proof that the old president has been voted out and get control of the account.
Now to finish it off…….vote to get rid the HOA!
Any update?
I'm curious to know if there is any update to this story...
I would vote to completely vote out and disband the HOA
Why people purchase homes knowing full well the hell that can be brought into the community with these associations!
- Round up votes from all the homeowners,
- File an Community et.al. Emergency Motion with the State Civil Division. www.hg.org/homeowners-association.html
- Motion the Court for Emergency Injunction and Relief to access locked box under court order and either hire a locksmith or drill the lock open.
- Find a replacement to fill his position by community vote.
Writ should be served in his absence, much easier for all in involved against him; he's not stopping Court Bailiffs from entering his home and place of work to search for the documents and to stop them from taking collateral to force him to turn over the documents.
I'd also freeze his access to the Association Accounts and request that the Bank calls Police, should he contact them, either in person or via the phone, regarding the issue.
obviousy he has been skimming and cooking the books!!!!!!
Stop paying fees to old hoa. Set up a new account.
The story that the county can't serve him is nonsense, that is his address of record all the deputy has to do is pin it on his front door, then they can have a trial and he can be tried in absentia
Thank you for starting out with a positive statement. Professional management goes a long way. This is a terrible situation for the community to have to endure.
He doesn't want anyone to see the books, as in bank account!
He was still cooking those books