Circumstances force woman from her home |
By Dan Kulin
Article Courtesy LAS VEGAS SUN Posted February 10, 2004 It was an agonizing choice for Judi Burns -- risk $45,000 and hope two courts would rule in her favor so she could keep her Henderson home; or give up her house, hold onto what cash she had and hope for the best in court. Burns had already lost Round 1 in court
to the homeowners association that sold her house because she stopped paying
her monthly association dues.
Burns, 53, said she stopped paying the
dues in January 1999 to get the association and management company to respond
to her complaints that she was wrongly fined by the association for vehicle
registration and parking violations. Burns said the
She could have prevented the sale up until
the auction began
Knowing what she does now, Burns said she would tell others heading into a similar dispute to pay whatever money they are accused of owing, or put that money into an escrow account, and then continue fighting their association. Eldon Hardy, the state ombudsman for common interest communities, gave similar advice. "If you owe $2,000 or $3,000, find a way to get the money together to pay it off and pay it under protest. ... and never stop paying your monthly assessment," Hardy said. Burns fought the sale of her home in court, claiming the association wrongly combined her unpaid fines and association dues. Homeowners associations are allowed to foreclose on someone's home for nonpayment of dues, but not for unpaid fines. She also argued that she was not given adequate notice of the sale of her home. But District Judge Sally Loehrer ruled against Burns. Loehrer also said Burns could post a $45,000 bond to stay in the home pending an appeal. Just before Christmas Burns appealed Loehrer's decision to the state Supreme Court, but without the $45,000 Burns and her family had to move out. Taylor said Burns agreed to move her family out of the house and give up her claims to the house in return for the buyers dropping their legal challenges to Burns' appeal. Taylor said under a best case scenario, unless there is a settlement in the case, the Supreme Court will return the case to District Court where it will go to trial. If Burns is ultimately successful she would be entitled to the value of her lost house plus attorney's fees. But Taylor said it could be a year before the Supreme Court hears the case. "I can't just give up," Burns said. "It's what I've worked for my whole life." Hardy said Burns' case could be a good test of the law that prohibits associations from mixing homeowners' bills for fines and association dues. "I think it has a chance," Hardy said about the appeal. "It may be a good test case to set a precedent on." Attorneys for the homeowners association and two management companies that have run the association could not immediately be reached for comment. |