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Village at Grassmere Residents Hit With Special Assessment and Increased HOA Fees
November 4th, 2009
Residents of The Village at Grassmere were asked this month to kick in additional money to the HOA account in order to replenish the funds that former developer/manager Stewart Heath allegedly stole or otherwise fraudulently squandered.
Is Tennessee Bank and Trust kicking in their fair share of the HOA dues???
Stewart Heath was allowed per the by-laws not to pay the monthly HOA fees for each unit he owned. TNB&T is different. They decided that they were not the “developer” so to speak and were simply investors in the rest of the units. This means that according to Grassmere by-laws, TNB&T is required to contribute equal amounts for each of the 38 units they own. It would seem that the increased dues would not be necessary if these contributions were being made.
$4 Metro Water Bill - Should be HOA covered expense.
October 19th, 2009
I received a $4 water bill for “storm water” charges. This should be an HOA covered expense and I relayed the info to Metro Water.
Teila Bartosh with Village Real Estate Used Photo Without Permission and Refuses to Pay
October 9th, 2009
I have received word from Village Real Estate’s attorney that they will not be paying for the unauthorized use of my photograph, which I hold exclusive copyright to. The homeowner, Jeremy Clarke, referred me to Teila Bartosh, the Village Real Estate agent in charge of the listing. She referred me to the Village attorney who broke the news. The use of my photograph was illegal and they both benefited financially from using it in their real estate listing.
I am asking for $250.
I will be seeking attorney’s to assist with this case.
4 Grassmere Units for Sale on Realtracs.com: Mortgages via TN Bank and Trust
September 25th, 2009
It appears, however, that current homeowners will not be able to take advantage of TB&T’s lenient mortgage policies. It is obvious FHA approval isn’t going to happen so there is still no option for current homeowners who wish to move. The units are listed at full price, I’m not sure who in their right mind would by a condo in a foreclosed, broke complex at full price.
Notice to Grassmere Owners: If you use my photos to list your units, I will sue you.
September 24th, 2009
Unit A18, Jeremy Clarke, just rented his unit using my photo, which was illegally obtained and used without my permission. I have spoken with Village Real Estate’s attorney and he is going to assist me with getting my standard fee of $250 reimbursed for the use of my photo in a commercial setting.
Jeremy successfully rented his unit and my photo definitely helped him do that. I should be compensated, according to copyright law.
Let this serve as a warning to other neighbors… DO NOT STEAL MY PHOTOS OR I WILL SUE YOU!!!
Should any of you question the seriousness of this offense, please visit the following website:
http://www.copyright.gov/legislation/dmca.pdf
The infringement can be found at:
http://nashvillescene.backpage.com/ApartmentsForRent/_895_2br_live_close_to_the_zoo/classifieds/ViewAd?oid=1183540
Home invasion victim sues over broken gate at gated community: Tennessean.com
September 15th, 2009
Here is what can happen when security gates are broken… unfortunate for everybody.
A resident in a gated community in Nashville who was shot in his home has sued his homeowners association and property management company.
The Four Maples condominium complex in the Donelson area has a gate that requires residents to swipe a pass or remotely unlock it for visitors. But Marquette Weaver said in a lawsuit filed in Davidson County Circuit Court that the gate meant to keep non-residents out was not working in June and had been broken for a month before people broke into his home at 2 a.m. and shot him several times.
Weaver is seeking $750,000 in damages, saying the home invaders couldn’t have gotten near his Coursey Drive home if the gate had been working.
Full Article:
http://www.tennessean.com/article/20090915/NEWS03/909150320
Security Gate Still Broken
September 11th, 2009
The security gate, first reported broken on Aug 28, is still stuck wide open. I noticed a few workers there last week but I guess they couldn’t get it repaired. It did not appear that the workers were with Franklin Deck and Fence, the original installer.
Stewart Heath on Docket for Sept. 4, 2009 - Julie Sherrill Listed as Co-Defendent
September 3rd, 2009
Stewart Heath and his real estate broker Julie Sherrill are listed as co-defendants on tomorrows civil court docket. I am not sure who Leon and Jannie Williams at this time… it appears Leon Williams is also the attorney for this case.
Still no mortgages nearly 3 Months after Grassmere management change
August 31st, 2009
It’s been nearly 3 months since HND property management took over and we still cannot sell our units. The foreclosure sites are full of Grassmere listings and there is no change to the FHA approval status of this complex. Residents are still unable to sell units AT ANY PRICE, unless a cash buyer is found. Many residents are also not aware that their THDA deed of trust prohibits them from renting out their units… a few owners are in violation of this.
Village at Grassmere condo values as reported online
August 31st, 2009
Not that these numbers matter much, especially since no one can sell their units here anyway…
Piece of Junk Security Gate Broken Again - BIG SUPRISE!
August 28th, 2009
The gate is stuck open once again and will remain that way for a few more days until it can be repaired. What a piece of junk! Thanks Stewart!
Yet another Stewart Heath Victim
August 21st, 2009
I received this email from yet another victim of Stewart Heath…
My troubles with Stewart Heath started just about the time I signed up with Equity. My payments were constantly late and I was supposed to recieve them on the 10th. I was constantly calling them up asking where my money was. A check bounced that he sent me, they wouldn’t return phone calls, it took 30 days for them to get my tenants dishwasher and toilet fixed. The week before he went out of business I drove out to his office to get my july rent and fired him. Unfortantely, i didn’t fight him for my renters security deposit or my $500 in reserve. So I’m out about $2750.
Hmmmm… $99 NES Bill Even Though Vacant and Nothing Turned On
August 10th, 2009
This is frustrating. We received a $99 NES bill for last month. We have had no A/C running, the water heater is turned off at the breaker, we have NO appliances in the unit at all and all lights are turned off. Why the bill? We have feared all along that the wiring was done incorrectly and suspected we were either paying for another unit’s power or possibly community power is being pulled from our account. Our bills averaged over $150 every month regardless the season.
NES won’t do anything about this, they instructed me to take it up with our property management, as they are responsible for incorrect wiring, not NES.
Another Stewart Heath Victim Speaks Out on Topix.com
August 6th, 2009
Posted by mrsbdesi at Topix.com
Mr. Heath owes a lot of people a lot of money. I own a property in Tennessee that was run by Equity Property Management. The rent payments to me over the past 8 year have been late, checks have bounced and were not paid unless I called to request that it be sent to me. In fact I have never recieved July’s rent at all. I have not seen the tenants security deposit or my owners deposit made to them at the time I first signed with the company. In total he owes me over $2300.00 not much in comparison to other but in today’s economy quite a dent in my pocket if not reimbursed.
3 Gates Repaired This Week
August 5th, 2009
The 2 pedestrian gates as well as the pool gate was repaired this week by our new mangement company, HND. They are still working on a solution to make them more permanently secure. Residents should be reminded not to prop the gates open for your visitors, as this creates an unsafe situation for the complex.
John Greene: Water Damage Reimbursement to be referred to HOA board
August 4th, 2009
It should come as no surprise that Stewart never paid my insurance company back for the $1858 claim made for water damage caused by Stewart Heath’s negligence. This means that I am out a $500 deductible that I was supposed to get back after Stewart reimbursed the money. Merita Vest told me this was going to be taken care of by the HOA, but it was not.
John Greene feels that this should not be covered by the HOA and that we should vote on it after the board is elected. I don’t feel the HOA should have to pay this but at this point there is no other way. I am personally out $500 because of this. Hopefully my insurance company will file suit if the bill remains unpaid.
2 important questions remain:
Whose responsibilty is it to fix the roof now that we have no developer? Whose responsible for interior damage caused by roof leaks?
On a positive note… HND Management A Much Welcomed Change
August 4th, 2009
I’ve received countless emails from neighbors echoing the following thoughts… I will never understand why they don’t post themselves. I have always promoted positive stories on this blog, I just haven’t had much of my own… regardless:
HND is a company with a great reputation in the Nashville area and from day one, residents at Grassmere feel better about the situation Heath put them in. HND inherited a mess that looks impossible to clean up at this time, but step by step things are being taken care of in a professional way with our new management. I fear it will take an enourmous amount of time before even they are able to dig through the financial records and get to the truth… or the truth may come from the FBI. Either way, it is comforting for the residents to know we have someone we can trust with HOA payments and taking care of the day to day emergencyas well as non-emergency issues that arise.
Another Stewart Heath Victim - This time a landlord
August 4th, 2009
Posted by PammaTia via Topix.com
He wasn’t just screwing condo owners and HOAs. I own two rental properties in the Nashville area. Equity Property Management has managed them since 2005. Up until last November, we were quite satisfied with their service. Apparently, Mr. Heath took over the bookkeeping duties that month. When we didn’t get our November rents until November 28, and then the check bounced, I knew we were in for some turmoil. Each month after that, he’d promise that “next month” everything would be in place and be all better. At this point, he owes us over $8000 for two months rent, security deposits and reserves. I’m just one of many! If I were him, I think I’d be carrying a cannon!
Franklin, TN CEO Stewart Heath Sued Homeowner for $250,000 instead of keeping his promises
August 3rd, 2009
Stewart Heath was so pathetic that he sued me for $250,000 for complaining about the quality of his work and his broken promises regarding a security gate among other things. He had no case thanks to the First Amendment and it was eventually dropped, but I spent a good part of 2007 in fear that I would lose a $250,000 lawsuit.
Click to view PDF of Stewart’s Original Complaint
Click to download the Chancery Court Transcript
Click to view post hearing letter from my attorney to Stewart’s attorney
He argued that by posting my complaints without going to arbitration, I was in violation of our purchase agreement. His argument was that we are not allowed to complain about the quality of his work, we are only allowed to do so in arbitration.
Oakcrest Condo Takeover - An account from a resident via Topix.com
August 3rd, 2009
posted by Artisticat - Topix.com
I missed the news, wasn’t home last night.
Thank you for posting this. I am once again blown away. The Village at Grassmere IS the place I and others were forced out of!! In fact I could see the entrance to the unit I lived in, in the swimming pool shots, caddy corner across from there the shots were taken.
Heath already had the construction going before many of us even moved out. I just about blew a gasket when I came “home” from work one day and found the concrete in front of my door cracked and with a hole in it! I raised you-know-what big time because it was another week before I was moving and that was unsafe. They came and put boards over it to make it level to walk on. The whole thing was a nightmare, and I was dealing with all that plus the deaths of two friends, one of who was like a sister to me. The whole thing was a nightmare. I went from loving where I lived (I’d been there 7 years) to where I couldn’t wait to get away from there.
Heath bought condos from former owners over a period of time. This included the 15 units he bought from the landlord I had before him. He continued people’s leases, but little did the renters know he was planning a takeover! There was a couple who had moved to the complex a year before Heath made the renters move, and this couple had relocated and rented a unit from Heath after Hurricane Katrina. They were just getting their lives back in order when Heath made us all move. So much for that couple getting a new start. The last I heard, the woman went back to New Orleans and the man wound up staying at the Mission in Nashville. I felt worse for them than I did for me. Then there was the elderly couple who owned and lived in their unit for 20 years, who didn’t want to sell and move. They held out the longest on selling to him, insisting that he was going to pay them the price THEY were naming, which was higher than what he was offering. I don’t know how that ended up.
So, by the looks of things, apparently, 2006/early 2007 was round one of hum causing chaos for people so he could line his pockets, and this is round 2.
All this came out of his GREED!