HomeLatest NewsFeatured HomebuildersHome Buyer ResourcesBinding ArbitrationResource LinksSubmit ComplaintsView ComplaintsTake Action 101!Report Mortgage FraudMortgage Fraud NewsForeclosure NewsConstruction DefectsHome DefectsPhoto GalleryFoundation ProblemsHomeowner Website LinksHOA Reform
Main Menu
Home
Latest News
Featured Homebuilders
Home Buyer Resources
Binding Arbitration
Resource Links
Submit Complaints
View Complaints
Take Action 101!
Report Mortgage Fraud
Mortgage Fraud News
Foreclosure News
Construction Defects
Home Defects
Photo Gallery
Foundation Problems
Homeowner Website Links
HOA Reform
Featured Topics
Builder Death Spiral
Report Mortgage Fraud
Foreclosure Special Report
Mold & New Home Guide
Special News Reports
Centex & Habitability
How Fast Can They Build Them?
TRCC Editorial
Texas TRCC Scandal
Texas Watch - Tell Lawmakers
TRCC Recommendations
Sandra Bullock
People's Lawyer
Prevent Nightmare Homes
Choice Homes
Smart Money
Weekly Update Message
HOBB Archives
About HOBB
Contact Us
Fair Use Notice
Legislative Work
Your House

 HOBB News Alerts
and Updates

Click Here to Subscribe

Support HOBB - Become a Sustaining Member
Who's Online
ABC Special Report
Investigation: New Home Heartbreak
Trump - NAHB Homebuilders Shoddy Construction and Forced Arbitration
Homeowner Protection One Step Closer to Approval in the Indiana Senate
Thursday, 31 March 2011
HOA Bill Passes Senate Committee
Legislation authored by State Rep. David Cheatham (D-North Vernon) that would protect the rights of families against illegal activities committed by homeowner’s associations has moved one step closer to approval in the Indiana Senate... “Through this bill, the attorney general will be able to respond to complaints about alleged criminal activity committed by a homeowner’s association or any member of the group’s board of directors,” Cheatham said. “These complaints could include misappropriation of funds, some type of fraud or other criminal activity.”
HOA Bill Passes Senate Committee

Press release from State Rep. Randy Frye

Indianapolis, Ind.) - Legislation authored by State Rep. David Cheatham (D-North Vernon) that would protect the rights of families against illegal activities committed by homeowner’s associations has moved one step closer to approval in the Indiana Senate.

Members of the Senate Corrections, Criminal and Civil Matters Committee unanimously passed House Bill 1058, which enables families to turn to the Indiana attorney general for help when a homeowner’s association fails to live up to contract responsibilities involving such areas as public safety and capital improvements.

 â€œThrough this bill, the attorney general will be able to respond to complaints about alleged criminal activity committed by a homeowner’s association or any member of the group’s board of directors,” Cheatham said. “These complaints could include misappropriation of funds, some type of fraud or other criminal activity.”

If a court case would result in determination of guilt, Cheatham said officials would be able to issue injunctions, order restitution and even order the removal of a board member.

The measure was inspired by recent incidents brought to his attention by constituents, many of whom were concerned that neighborhood associations were not living up to the requirement of the contracts that were signed by homeowners.

“Residents are finding that their streets are not being paved in the summer or plowed in the winter, or that there are no neighborhood safety patrols, even though they have paid fees for those very purposes,” Cheatham said. “If these duties are not being performed because of an illegal diversion of funds, then residents should have the right to pursue some sort of legal action.

“However, it is difficult for local prosecutors to devote the time and resources to pursue these cases, which leaves the cost of legal action to the individual homeowners,” he added. “Often, they end up paying double the costs, since they are not only paying their own legal fees, but the fees for defense of the homeowner’s association, which often come directly from the dues paid by the resident to the association.

“Since these are clearly cases where some type of fraud or other illegal activity has taken place, the homeowner should have the right to seek justice through our court system,” Cheatham concluded. “This legislation provides them with a way to use an impartial government agency to get relief as part of consumer protection.”

House Bill 1058 now moves to the full Senate for consideration. It is sponsored by State Sens. Richard Bray (R-Martinsville) and Carlin Yoder (R-Middlebury).

 
< Prev   Next >
Search HOBB.org

Reckless Endangerment
BY: GRETCHEN MORGENSON
and JOSHUA ROSNER

Outsized Ambition, Greed and
Corruption Led to
Economic Armageddon


Amazon
Barnes & Noble

NPR Special Report
Part I Listen Now
Perry Home - No Warranty 
Part II Listen Now
Texas Favors Builders

Washington Post
The housing bubble, in four chapters
BusinessWeek Special Reports
Bonfire of the Builders
Homebuilders helped fuel the housing crisis
Housing: That Sinking Feeling

Consumer Affairs Builder Complaints

IS YOUR STATE NEXT?
As Goes Texas So Goes the Nation
Knowledge and Financial Responsibility are still Optional for Texas Home Builders

OUTSTANDING FOX4 REPORT
TRCC from Bad to Worse
Case of the Crooked House

TRCC AN ARRESTING EXPERIENCE
The Pat and Bob Egert Building & TRCC Experience 

Build it right the first time
An interview with Janet Ahmad

Bad Binding Arbitration Experience?
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
or call 1-210-402-6800

top of page

© 2024 HomeOwners for Better Building
Joomla! is Free Software released under the GNU/GPL License.