9-year-old boy’s fort causes a stir with the neighbors -- Austin

Nicholas Aarsvold, 9, built this wooden play fort between two shrubs on a strip of grass that separates his driveway from his neighbor’s. The Summerwood Homeowners Association wants the structure dismantled because it breaks homeowner rules. Nicholas’ mother, Ramona Aarsvold, is refusing to take it down.

Read the full story in the Austin American Statesman:

9-year-old boy’s fort causes a stir with the neighbors

Bank of America sues Nevada homeowner associations

Even financial giant Bank of America seems to get the run-around from some HOAs.

 

In Nevada, B of A has had enough, and on October 16, the bank filed a lawsuit alleging various modes of malfeasance by homeowners associations exercising control over properties foreclosed by the Bank.  

 

Here's a copy of the lawsuit.

 

The gist of B of A's complaint is one that Texas property owners regularly voice when they fall behind in HOA dues and assessmemnts -- the penalties, late fees, attorneys' fees and other collection costs are substantial, and are unjust.  It seems that HOAs in Nevada are rejecting B of A's tender of payments that don't inlude those annoying extra costs of collecting HOA assessments. Then, after refusing payment of assessments (only), the HOAs are refusing to remove liens, preventing the Bank from passing clear title to buyers at foreclosure sales.

 

However, the bank has a differnt angle on the HOA upcharges, which it alleges are not afforded priority lien status under Nevada mortage laws. That is, as a secured lender, with a securitized lien interest in the property, B of A believes that the attorneys' and related HOA collection fees don't have equal lien rights. Thus, the Bank has asked the District Court of Clark County, Nevada to decide what priority should be assigned to the various components of HOA charges against foreclosed properties.

 

The full story can be seen here: Bank of America sues Nevada homeowner associations - www.ktnv.com

Committee Finds Cinco Ranch HOA Board Violated State Law, Association Procedures

Committee Finds Cinco Ranch HOA Board Violated State Law, Association Procedures | InstantNewsKaty.com

'Party Rock Anthem' Halloween house shut down by HOA

Kevin Judd enjoys programming elaborate holiday light shows at his Riverside, Calif. home. But after a video of last Halloween's 'Party Rock Anthem' display went viral, his HOA decided that enough was enough.

Read the full article from MNN: 'Party Rock Anthem' Halloween house shut down by HOA | MNN - Mother Nature Network

UT Professors Relase Study on Contracts for Deed in Texas

San Antonio Texas Real Estate Attorney Trey Wilson wrote:

On October 19, Professors Peter Ward, Heather Way, and Lucy Wood from the University of Texas at Austin (my alma matter) presented their key findings of the Contract for Deed Prevalence Project, a year-long study examining emerging titling practices in low-income informal settlements in Texas. The study was commissioned by the Texas Department of Housing and Community Affairs, and focused on estimating the current number of recorded and unrecorded Contracts for Deed in Texas colonias in Cameron, El Paso, Hidalgo, Maverick, Starr, Webb and  Val Verde counties.

 

Here are some of the study's key findings with regard to RECORDED Contracts for Deed:

• RCFDs continue to be in use and recorded at significant rates in the border region and also interior counties far from the border.
• An estimated 16,261 total CFDs were recorded between 1989 and 2010 in the 10 counties, and that 5,451 of these CFDs are still active
• Most of the State's active RCFDs are in five counties: Bastrop, Travis, Webb, Maverick, and El Paso counties. The fewest outstanding contracts are in Starr, Guadalupe, and Val Verde counties.
• As one might expect, border counties with larger colonia populations had the largest absolute numbers of recorded CFDs.

Even more problematic, the study showed, is the widespread use of UNRECORDED Contracts for Deed. According to the study:

• approximately one of out of five recent purchasers in the surveyed counties purchased with a UCFD.
• UCFDs are most often used with consumer-to-consumer transactions, but can still be found in developer/land company sales.
• Consumers enteringinto UCFDs lack access to information about the land acquisition process and how to protect their interests.

The study also identified the following trends: 

• A “dramatic increase in clouded property titles” is anticipated in coming years as contract for deed properties are passed down to heirs, often without formal wills.


• Consumer-to-consumer transactions in older colonias, financed by sellers, are replacing sales by developers, with an accompanying lack of buyer safeguards such as title insurance and recorded deeds.


• Nearly half the homeowners in colonias and informal homestead subdivisions do not claim the homestead tax exemption to which they are entitled.

All persons interested in Texas Contracts for Deed would be fascinated by this terifficly informative study. The full report can be found HERE.

Child Support in Texas: So Many Questions!

Every week, it seems that several people ask me what they ought to be paying in child support, or how to change the amount of child support in their case. Child support is one of the most hotly contested matters in many Texas divorces, and often remains a bone of contention until the child is no longer eligible for child support.

In a series of topics in this blog, we’ll go over some of the most frequently asked questions about child support in Texas. The answers will be generic; you should always consult a family lawyer about the facts concerning your specific situation before making any decisions about setting, modifying or enforcing child support in your case.

By:  Cynthia W. Veidt, cindy@lpvlaw.com

Texas Employment Law Basics for Employers: Employee Discipline

Employers face the unenviable task of determining when and how to discipline employees for violations of the company’s policies or federal/state laws. Inevitably, the employer must consider whether taking disciplinary action will result in a claim by the employee of discrimination, harassment or other legal claims.

As an employer, you will never be “bulletproof.” But there are a few things that you can do to help minimize risk and maximize your defense when you must take appropriate disciplinary action.

First, make sure that you have communicated your policies and procedures to your employees in writing, preferably with a signed acknowledgment of receipt by each employee.  This should include your workplace rules and expectations concerning attendance, safety, employee conduct, and how you will address theft or other violations of criminal law, violations of non-discrimination and anti-harassment laws, and violations of workplace rules.

A progressive disciplinary policy is recommended, with a range of discretionary measures from an oral or written warning to immediate termination depending on the gravity of the violation. But if you do implement such a policy, be aware that you must BE CONSISTENT. No exceptions or exemptions for your favored or star employee should be allowed without a compelling and urgent (and reasonable) business necessity.

Make sure that the employee knows what your next step will be if the violations continue.

When you decide to take disciplinary action - document, document, document. Conduct an impartial investigation, obtain written statements from witnesses, make notes to the personnel file, and have the employee sign the warning or other disciplinary action.

Don’t act in haste or while emotions are running high. Take some time for reflection and consider all of the options available to you before deciding on a course of action.

When in doubt, run your proposed disciplinary action past another person. If you cannot articulate a neutral and compelling argument for taking that action, under these circumstances, you may wish to consider another alternative.


By: Cynthia W. Veidt, cindy@lpvlaw.com

San Antonio HOA Lawyer Trey Wilson wrote

Neighbors vs. HOA – A battle heats up in Houston

KTRK-TV: Neighbors vs. HOA: A battle heats up in Houston

Demond Fernandez

October 15, 2012

HOUSTON (KTRK) -- A group of neighbors is taking their homeowner's association to court. They say residents are paying up but not seeing results, and now they want to know what happened to hundreds of thousands of dollars. This is happening in the community of Pine Village North in northeast Houston. A group of fed-up homeowners who gathered in court Monday told us their HOA went too far when some board members were removed after questioning the spending.  Inside Pine Village North, there are townhomes with shattered windows and hazardous vacant units. 

Read more:http://abclocal.go.com/ktrk/story?section=news/local&id=8829464

Florida homeowners form anti-HOA group

This is an interesting situation out of Florida. 200 property owners rally against an HOA.

Lake County homeowners form anti-HOA group

San Antonio HOA Lawyer Trey Wilson wrote:

Do Texas HOAs Have Power to Limit Display of Political Signs?

San Antonio HOA Lawyer Trey Wilson wrote:

With presidential elections in full swing, political signs are a common sight these days. Campaign signs appear on almost every corner, but did you know that Texas law authorizes HOAs to regulate and limit the display of political signs?

Section 202.009 of the Texas Property Code governs HOA regulation of political display signs, and authorizes property owners' associations to adopt restrictive covenants prohibiting  a property owner from displaying on the owner's property  signs advertising a political candidate or ballot item for an election with the following limits:

No restriction may be adopted or enforced which prohibits the display of political signs on private property:

(1)  on or after the 90th day before the date of the election to which the sign relates; or

(2)  before the 10th day after that election date.

An HOA may, however, enforce or adopt of a covenant that requires a sign to be ground-mounted; or limits a property owner to displaying only one sign for each candidate or ballot item.

An HOA may also enforce or adopt of a covenant that prohibits (and is allowed to remove) a sign that:

(1)  contains roofing material, siding, paving materials, flora, one or more balloons or lights, or any other similar building, landscaping, or nonstandard decorative component;

(2)  is attached in any way to plant material, a traffic control device, a light, a trailer, a vehicle, or any other existing structure or object;

(3)  includes the painting of architectural surfaces;

(4)  threatens the public health or safety;

(5)  is larger than four feet by six feet;

(6)  violates a law;

(7)  contains language, graphics, or any display that would be offensive to the ordinary person; or

(8)  is accompanied by music or other sounds or by streamers or is otherwise distracting to motorists.

Political Sign Thief Wrongfully Relies on HOA Restrictions

Homeowner catches Obama sign thief

What is a BVS form in the State of Texas?

You will need to submit a BVS form to the Court for all divorces and other family law cases in Texas.



BVS stands for Bureau of Vital Statistics.



This form is sent to Austin to be filed -- it is entered into a central computer system available to people to "track" to see if you are divorced.



Before Texas started the BVS Form tracking system, attorneys had to call each county clerk's office to see if a person was divorced in that county.  It was time-consuming and inaccurate.



I think this tracking system started less than 10 years ago - but I could be wrong on the exact time of when it started -- quite frankly I've forgotten.  



Initially attorneys hated filling out the form because it required getting a lot of information from clients - Social Security numbers, dates of birth, Texas Driver's License Numbers, home addresses, city they were born in, race, maiden name, kid's social security number, kid's date of birth, etc.



Also, a lot of attorneys did not like a state agency having all of this information available on Texas residents - but now attorneys have gotten grown accustomed to it.



The judges will not grant a divorce without submitting the form -- no form - no divorce.



Now an attorney can just contact Austin and find out if a divorced has been filed -- quick and easy!

Do It Yourself Forms for Texas Residents - TexasLawHelp.org

Go to www.TexasLawHelp.org for assistance if you are doing a divorce or need other assistance in a civil matter in the State of Texas.



Texas Law Help.org



I talked to a Harris County Family Court judge 2 days ago and he does NOT like this website because he said the Final Decree of Divorce does NOT properly divide real estate!



So, if you own real estate -- BEWARE!  It will not give you proper title to the property so you will have trouble selling the real estate in the future since no title company will issue you a title policy if this is the only piece of paper you have giving you ownership of the real estate.  In other words, if you try to use this Final Decree of Divorce from the above-listed website as proof that you own a piece of real estate at a later date, you have a worthless piece of paper!



YOU NEED TO HIRE AN ATTORNEY TO DRAFT YOUR FINAL DIVORCE DECREE plus ADDITIONAL REAL ESTATE DOCUMENTS THAT ARE FILED IN THE REAL ESTATE RECORDS OF THE COUNTY THAT THE REAL ESTATE IS LOCATED IN SO THAT YOU ACTUALLY OWN THE PROPERTY THAT YOU ARE AWARDED IN THE DIVORCE BY THE JUDGE!!!!



But if you have no kids, no property...this website might work for you.



You will need to submit a BVS form to the Court for all divorces in Harris County.

This form is sent to Austin to be filed -- it is entered into a central computer system available to people to "track" to see if you are divorced.  Before Texas started the BVS (Bureau of Vital Statistics Form tracking system, several years ago, attorneys had to call each county clerk's office to see if a person was divorced in that county.  Now an attorney can just contact Austin and find out if a divorced has been filed -- quick and easy!

San Antonio HOA Lawyer Trey Wilson wrote:

This is funny and rings very true!

DWI Representation

Our Top Criminal Defense Lawyers are capable of fighting for your freedom, even if you are facing serious criminal charges. We do this because, amongs other things, our lawyers have prior DA experience and trial.

If you are about to loose your freedom, because of a criminal charge, you need top legal representation. You need a legal team that will fight for your rights. You need a law firm with the reputation that will help your case. You need The Báez Law Firm, P.C.

DWI cases can be complicated, if you do not have the right team on your side. Our lawyers use top experts and a sophisticated system to allow our clients to go through a "mock trial" that help our clients understand the process and predict future outcomes on their cases.

San Antonians have many festivities during the year that can implicate our citizens to DUI or DWI. If you are facing one of those charges, you need to call us (210) 979-9777. Your freedom may depend on it.

Dallas Police Officer Shoots Man 41 Times, Other Officers Investigated for Taking and Trying to Destroy Witness's Video and Photo Evidence

Last month here in the Dallas area -- actually, in the city of Mesquite, which sets smack dab inside Dallas' city limits -- a man named Michael Vincent Allen got into a high speed car chase with the police and it's reported that there were times that speeds exceeded 100 mph as police cars from various law enforcement jurisdictions joined in the chase.

Police Officer Crashes Patrol Car Into Suspect's Vehicle - And Shoots Him 41 Times

It lasted around 30 minutes, according to news reports - Mr. Allen behind the wheel of a pickup, speeding along - and it ended when Mr. Allen turned into a cul-de-sac and, according to the police officers that were there, then tried to exit the cul-de-sac by slamming his pick up through two police sedans that had slammed into position, blocking the cul-de-sac's exit.   Mr. Allen's truck didn't push aside the two patrol cars, and the chase was over.  However, other reports are that after Mr. Allen turned the truck around in the cul-de-sac, a Garland police officer named Patrick Tuter slammed into the pickup to prevent Allen from driving any further.

This second version of things has been verified by the police in an updated version of events issued several days later, with confirmation that Tuter's dashcam video confirmed the patrol car crashed into the pick up truck to stop it, and that Allen didn't try to slam his GMC pickup into the police car.


That was not the end of the story.  Because then Mr. Allen died - died after being shot there in the driver's seat of his pick-up truck, blocked by the patrol cars in a Mesquite cul-de-sac.  He was shot by Officer Tuter who fired over and over and over again: Mr. Allen was shot with police bullets FORTY-ONE TIMES.  (You can see video of the truck in the aftermath online here.)

41 times: it means that the police officer had to stop, think, reload his weapon, and keep shooting.  Some reports are that this took three clips from Officer Tuter's gun to achieve.  Which means he reloaded TWICE.   It's not disputed that Mr. Allen was not armed.  There was no gun in the pickup truck.  No one shot first at an officer. 

Officer Tuter defends his actions as not being excessive force but instead a reasonable response as he feared for his life.  (Read about Texas law and excessive force on our web site reference pages.)  Right now, he's on restricted duty.

However, as bad as this story is - and it's very bad - it gets worse.

Police Officers Take Mobile Phone From Witness -- and Destroy Video/Photos On It

Because other police officers on the scene are alleged to have tried to destroy evidence of what happened on that cul-de-sac.  Seems a man who lived in that cul-de-sac not only watched what was going on, but took video and photographed the event.  According to this man, Mitchell Wallace, he didn't see the shooting but he did see the female passenger (who was not hit by the bullets, wow) being pulled from the truck's cab by the cops and he did see the police send their dog into the cab, where the dog bit Mr. Allen on the neck and then drug him out of the truck to lay face down on the street.  Wallace documented all of this, plus the police turning the body over to check for a pulse.

Here's the thing:  Wallace's mobile phone video and photos were taken by law enforcement at the scene, and when the phone was returned to him, this stuff was missing from it.  Gone.  Erased. 

So now there are other law enforcement officers being investigated for messing with evidence.  As well as destroying property that didn't belong to them.  (There's some stories that the evidence may still be available and some investigator just took the SIM card out of Mr. Wallace's phone.)

Under Texas law, the police do not have the right to take personal property like Mr. Wallace's phone or anything inside it unless there is probable cause to believe it's been part of a crime that has been committed.  No one is arguing that Mitchell Wallace, using his phone from his own home to document what was happening on the street outside, was committing any crime.

It's being called not only a case of Excessive Force against a Texas citizen on a summer night here in Dallas that ended in a man dead on the street, but a cover up by his colleagues who didn't want to have filmed evidence of what happened that night. 

For more information, read our posts:

• Dallas Has Record Number of Police Shootings in 2012
• Dallas County Sheriff Arrests Motorcyclist For Refusing to Turn Over His Helmet Cam Video of Police

Do not let these stories stop you from using your phone to document things that you believe are important to record.  

Updating my website - www.familylaw4u.com

Stay tune for changes to my website!



James Strictland, my outstanding and creative web designer, and I talked for an hour today.

I authorized him to do a total over-haul of my website.

It's the first time in over 6 years that I'm letting him have full reign to do what he wants to do!

I trust him so it's time for my website to get a fresh, clean new look & feel.



He is totally re-designing the site and making it faster + making me the latest & greatest in technology.



He convinced me to add some new "techie" stuff to my site so "stay tuned" for some new gadgets to be added in the next month!



I want it to be "dazzling", fast and consumer friendly.



I want it to impress the under-30 crowd but not over-whelm anyone visiting my site.



I will now also have an abbreviated site for smart phones -- something that did not exist a couple of years ago.  Now that I surf on my own smart phone on a daily basis, I want my website to be accessible to people looking for a mediator.



Check back frequently in the next few weeks.



Additionally, this blog should be moving to my website to make it easier for me to post -- Google+ has been a nightmare -- I now have 4 Google+ accounts that I can't seem to all merge plus posting to this blog is getting harder with the changes in Google+.



(Google are you listening!##$@#$@#$#@$@$@#$@#^$@%^#$%&*#%^&!!)



I look forward to your input and comments.



If you see any typos -- let me know!



www.familylaw4u.com

www.crinfo.org - FREE mediation website

www.crinfo.org The Conflict Resolution Information Source website --  CRInfo (pronounced "See Our Info") stands for "conflict resolution information source."  It is a FREE service, funded by the William and Flora Hewlett Foundation.  As a "linking" site, their staff of editors maintains a keyword-coded catalog of over 20,000 Web, print, and organizational resources, as well as event listings and other conflict resolution-related resources. I just found it and it seems full of interesting sites to look at for mediation information.

I am now advertising with Mediation.com

I just signed on with Mediation.com and Arbitration.com for the next 2 years.



I checked with a mediator in Spring, Texas that has success with their services.



I have found it very difficult to get productive mediation leads but it never hurts to get my name out in the public.

I can add "arbitrator" to my list of qualifications

I just completed "arbitrator" training so I can now add that title to my list of qualifications.



In family law, arbitration is not often used so I don't think that I will use it much.



It seems to be used mostly for government work.



FYI: The Better Business Bureau (BBB) does some arbitration work for free or for low cost.

School Days: How Does “School” Affect My Texas Possession Schedule?

Most Standard Possession Orders (SPO) in Texas make specific reference to weekends extended by student holidays and teacher in-service days, or set the beginning and end of periods of possession by a parent at the time that “school” begins or ends.  But which “school” calendar controls these matters?

Unless defined differently in the specific possession order or divorce decree, “school” in a Texas SPO means either:

1. the primary or secondary school in which the child is enrolled, or  
2. if the child is not enrolled in school, the public school district in which the child primarily resides.

So, for children who are too young to attend school, parents should refer to the calendar for the school district in which the child would attend public school based on his or her primary residence (as established by the parent with the exclusive right to designate the child’s primary residence). 

For children attending private school, or who go to a school outside their “regular” district, parents should follow the calendar of the school in which their child is actually enrolled.

However, when all else fails, parents should remember that they can agree upon a different definition of “school,” and they can always agree to alter the standard possession schedule so that it makes practical sense for themselves and their child. Such agreements should be documented in writing, and signed by both parents to avoid any future disagreements or confusion.

By:  Cynthia W. Veidt

Texas Law Basics for Employers: General Recordkeeping Requirements

What records should Texas employers keep in an employee’s human resources file? And for how long should you keep them?

Each employee should have a separate human resources file which contains, as a general rule of thumb:

• their job application / resume, 
• any background checks or test results that are related to their job duties (see our previous blog post on this topic), 
• a description of their essential job duties and functions, 
• their I-9 form with copies of accompanying identification documents proving eligibility for employment, 
• any offer letters or contracts detailing their compensation structure, 
• signed acknowledgement forms for any company policies and procedures and/or employee handbook, 
• their W-4 form, 
• any applications for benefit programs offered to your employee, 
• records reflecting the hours worked each week by that employee, as well as all paid holidays and all leave or vacation time (paid or unpaid) used by that employee (see separate blog post on FLSA requirements for calculation of overtime pay due to non-exempt employees), 
• performance evaluations, 
• disciplinary actions, and 
• payroll records.

Federal and Texas state laws require that you maintain many of these records for at least two, and sometimes three years.  However, because the statute of limitation for many employment-related claims can be four years from the date of an incident, you may wish to maintain these records for a five-year period. 

By: Cynthia W. Veidt