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YOU ASK: Residents say HOA funds being misused

Posted: 5:52 PM, May 23, 2016
Updated: 2016-05-23 22:19:27-04
A group of homeowners contacted 13 Action News because of a laundry list of things they are taking issue with inside of the Duck Creek Village Condominiums.
 
"I'm angry, I really am," said Linda Parker, who just moved to Duck Creek Village.
 
A group of five residents met with 13 Action News.
 
There are several things on their list of complaints, one of which is the tennis court. Mark Feiner, who lives in Duck Creek and first contacted us about this story, said $25,000 a year was added to the budget to convert the tennis court into a sports park.
 
The tennis courts were closed for a couple years in anticipation of the change. However, Feiner explained the CC&Rs say it has to stay a tennis court. So where's the money?
 
"I and several other people asked at least a few times in meetings," Feiner said. "... And it was just always tabled, and we would never get an answer on that. So we don't really know where the money ended up."
 
Kurt Van Gorden, another resident at Duck Creek, said this is not the only misuse of HOA funds. Van Gorden requested credit card statements that he says showed HOA money spent on lunches and personal cell phones.
 
"They paid for gasoline for their own vehicles and other vehicles on the credit cards," said Van Gorden. "That's abuse of funds and that's our money."
 
They also shared a letter to the HOA from the county for two sheds the county said were built without permits.
 
"The county had asked several times for permits," said Feiner. "The Department of Building Inspection Division says, 'you've not responded to five violations' asking to permit the sheds. They just never responded to them."
 
The sheds are gone now, but they have been replaced with a garage resident say is much larger.
 
"It's a shame; it really is," Parker said. "I feel as though we've been duped."
 
13 Action News crews went to HOA president Maryann Bean's house. She did not answer.
 
But she called us later and said, "These are just people who are troublemakers and that's all I'm going to say about them."
 
We called the HOA management company, Epic Management, and spoke with Tanya Gale.
 
Gale said these residents' allegations of election fraud and missing money are empty.
 
Gale would not speak about a video Von Gorden shared with us. He said the video showed Bean purposefully hitting him with her car. Gale said they cannot comment because the lawsuit is still going through court.
 
As for the sheds that popped up without permits and the credit cards used for personal charges, Gale said that predated Epic Management's involvement with Duck Creek. But the head of the old management company has a claim against the HOA with the ombudsman.
 
We also called William Wright, the attorney for the HOA. He did not return our calls by deadline.