HOAleader.com - Tip of the Week - October 4, 2019
Published: Fri, 10/04/19
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Michigan Resident Allegedly Seeks to Kill HOA Lawyers
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In this week's tip, we take very seriously an alarming incident recently in the news.
Sadly, this news doesn't really surprise our experts much. In August, a Michigan doctor was arrested for allegedly plotting to kill a condo association lawyer. The case, WXYZ reported, involved the doctor and a condo association in a lakefront community outside Detroit where the doctor owned a unit. The lawyer represented the condo association.
This case sounds extreme, but our experts say it's not, really, and that it must be taken seriously.
The doctor's name is Daniel Schwarz, a 56-year-old who lives in a community association in Waterford, according to Limaohio.com. He's charged with conspiracy and attempt to possess with the intent to distribute a controlled substance. The charges stem from an informant, who told authorities that Schwarz was "plotting and soliciting to kill Michael David McCulloch and frame Robert Meisner by planting fentanyl in his vehicle."
Those men are attorneys who practice in the community association field. The Washington Post reported that Schwarz was allegedly angry that he'd been hit with a nearly $60,000 judgment in a legal dispute with the community association, which McCulloch represented. Meisner was Schwarz's lawyer, the Post adds, and he was an alleged target because of "a perceived lack of effort."
The doctor and informant allegedly discussed sprinkling a heroin and fentanyl mixture on McCulloch's neck and in his coffee, reports Limaohio.com. Schwarz allegedly told investigators he "fantasized" about killing McCulloch and Meisner and discussed that with several patients.
Limaohio.com reports the criminal complaint states: The doctor told authorities he intended to plant the narcotics in the attorneys' vehicles or on their person, but said "the intention was never to cause harm to McCulloch rather to just introduce the narcotics into their system."
"I've seen it many times, unfortunately, where, you name it, a public defender, a prosecutor, or some other lawyer is targeted because someone doesn't like a legal result and wants to blame the lawyer," laments Frank Simone, general counsel at KW Property Management in Miami. Simone is on the board of his own condo association, but he doesn't represent or advise community associations in his legal role at the management company.
"I'm glad nobody got hurt," states Edward Hoffman Jr., founder of Barrow Hoffman, a law firm based in Warminster, Pa., who has represented community associations for more than 15 years. "It's a situation that could happen with any of us."
Our experts say nobody should laugh this situation off. Read their first-hand experiences in our new article: https://www.hoaleader.com/members/3990.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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An HOA Developer Was Doing Work It Didn't Have To; Can Owners Insist That Continue?
In this week's tip, we answer a reader's question about whether a developer can begin demanding owners do something it's been doing without an obligation to do so.
Click here to read full article:
https://www.hoaleader.com/public/HOA-Developer-Doing-Work-It-Didnt-Have-To-Can-Owners-Insist-That-Continue.cfm
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The Records That Are "Public" When It Comes to Condos and HOAs
An HOAleader.com reader asks, "Are documents prepared for the board, such as a reserve study or a quote for a construction job, considered in the public domain? That is, should any unit owner have access to documents such as these?"
Click here to read full article:
https://www.hoaleader.com/members/Records-That-Are-Public-When-It-Comes-Condos-HOAs.cfm
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As a Condo/HOA Board Member, Would You OK This Lawsuit?
In this week's tip, we ask our experts if a condo board's lawsuit would fly in their states. A condo board in Manhattan sued to block construction of a 50-block bike lane for many reasons, among them that the neighborhood will lose free parking. Though its lawsuit has so far been dismissed, the question is whether this is a proper use of condo funds. Our experts weigh in here.
Click here to read full article:
https://www.hoaleader.com/public/As-CondoHOA-Board-Member-Would-You-OK-This-Lawsuit.cfm
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Is This Lawsuit An Appropriate Use of Condo Funds?
A condo board in Manhattan sued to block construction of a 50-block bike lane for many reasons, among them that the neighborhood will lose free parking. Though its lawsuit has so far been dismissed, the question is whether this is a proper use of condo funds. Our experts weigh in here.
Click here to read full article:
https://www.hoaleader.com/members/This-Lawsuit-Appropriate-Use-Condo-Funds.cfm
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Who Knew Basketball Hoops Could Be So Complicated for HOAs?
An HOAleader.com reader writes, "A prospective purchaser has asked the board for confirmation of rules/guidelines for portable [basketball hoops] before buying. He sees our docs have none and is asking for written clarification. I'm told we've had two portables here for 10+ years, each located in the front of the garage just off the driveway (not located down close to street). No ARB applications exist, nor any documentation of how or if the prior boards reacted when the portables arrived."
Click here to read full article:
https://www.hoaleader.com/members/Who-Knew-Basketball-Hoops-Could-Be-So-Complicated-for-HOAs.cfm
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