How do I find a low cost arbitrator -- who isn't connected with CAI?

February 02, 2004

By Sharon Stephens (View author info)

This will be much too long for any column, and even for one e-mail, so, I am just going to give you an overview of what has been happening in here, Shadow Crest Home Owners Association , in Cathedral City [next to Palm Springs].

It is a nightmare, with selective enforcement of the covenants: I planted a tree with provable verbal permission, and it is documented in a letter, from the previous board, but they continued to fine me, even when the old board vice president came to a meeting and said he had given me permission. There are at least three other home owners who planted trees without permission, but they have said nothing to them, nor have they been fined.

They have violated the law, where I was not been able to speak in meetings for four months, under our old management, but now I can speak but I am discredited before and after I speak, to the point the board has told the homeowners in public meetings, that I am "a drunk who lives on booze and pills, and have been arrested multiple time, owe association $10,000 and have filed multiple lawsuits against the association" -- all slander and lies.

One board member dragged me into court trying to find me a "vexatious litigant" and the judge denied his motion, and said "She is not a vexatious litigant!" -- But they continue to tell homeowners I am. They have told the same lies to the police, making false police reports to have me removed from meetings telling them I cannot speak because I have a fine! -- The police don't know if that is true. [I write an independent newsletter which reports what is said at meetings, and what homeowner rights are, and they want to shut it down], have been stalked by a board members, as have other women, and children who have had to be in counseling because they fear these men so much.

The board president pulled what looked like a gun on a group of children but because they didn't call the police until the next day, no report was taken. Three weeks ago I was deliberately hit by a board member with his car, while I was on foot [that is in the District Attorney's office] and another board member attempting to kick me in the face while I was in the pool. That is a story in itself -- how the judge turned that TRO hearing into an HOA hearing. He said he had no idea of the Davis-Stirling Act, and so the board members took advantage of that, and deliberately perjured themselves on the stand, saying that the CC&Rs, the Davis-Stirling Act, and Open Meeting act all say "She cannot speak because she has a fine."

The judge bought it, thought the only problem was I couldn't speak and told them to let my tree stay, and take away the fines, and threw out my restraining order, calling it bogus. Now the board has banded together, [I believe using the CAI book, "BE REASONABLE" and have taken out bogus TROs, lied and [provably] perjured themselves on the stand to get them, and now are calling the police at every chance -- e.g. I went to the Annual Meeting today, and they called the police and they had me physically arrested, hand cuffed -- for "stalking" them. I ended up in the hospital because on the way to jail I could feel myself getting upset, and my blood pressure shot up to 250/118 so the paramedics were there and transported me to the hospital. But, the officer went along and intended to take me to jail as soon as the I was released.

Finally the doctor told him I would most likely have the same thing happen if I went to jail, so, he issued me a citation but said he was asking the District Attorney to prosecute me for stalking. On the back of all their Taros, the judge had crossed out "can't be in public places" and stamped it, and so they only showed the officer a part of the TRO.

When we went into court to extend the time on one TRO, and I told Judge Wells that I could not even step into the public street without them calling the police and making three false reports that I was in violation of their TRO. The judge told all three of them that the TRO was with regard to their residence, NOT to the public street. {The meeting was held at the public area, and so I was not in violation of anyone's orders.)

One of these men previously, who was put on the board today, lets his dogs run off the leash, [against CC&Rs of course!] and when his dog came at me, I said "Get your dog off me or I will kick it." He then walked up to me, with in inches of my face, and raised his fist, and said "if you touch that dog I will kill you!" I slapped his hand away, hitting him in the chin and ran and said I was calling the police. When the police came, he asked for a Citizens Arrest, said I just walked up and punched him with no provocation, and I was taken to jail, in handcuffs, and ended up in the hospital with blood pressure of 250/ over 130. The District Attorney dismissed that case. But the board is still using it, telling people I was arrested.

Last May we discovered that the board was using invalid CC&Rs. We had suspected it for sometime, but actually saw them in use at this meeting where the board director read from them, and there are letters to that affect to the attorney, and the management company -- which were ignored. They were using CC&Rs that had been turned down by the homeowners, that gave them broad powers to even come into our homes, and back yards. [We are 42 single family homes.] When we received no letter that they had at least made a mistake, and it seemed they continued on apparently using them, I filed a Declarative Junction, and asked for a Restraining Order. I did not ask for any money.

However, I did not ask for Arbitration -- so the Attorney, Bruce Moreno wrote a simple Demurrer, and charged he $4, 300 but there was no explanation in his Memorandum of Cost for how he arrived at that figure, and he actually went against our Retainer cost in doing so. . I just dismissed the case, unfortunately "with prejudice" [I checked the wrong box] and then wrote a Motion to Tax Costs. Moreno then filed a Response and charged $2,000 dollars, and said he put 10 hours into writing his 4 page Personal Declaration.

When we went before Judge Christopher Sheldon [who has been publicly disciplined for not doing his job -- he was jogging up and down the back stairs rather than sitting on the bench during hearings!] I don't believe he even read my motion, and never made Moreno explain his costs, and awarded him the $6,350 - for two very simple documents, that other attorneys have told me is unconscionable.

Now, I have a Homestead declaration, so, no foreclosure, and Moreno knows that; I don't own anything, so no Sheriffs Sale, but I am not sure what else they can do to make me pay. They put a lien on my home the day after they sent me a letter giving me 30 days to "pay in full, or they would take legal action." They did not even wait for me to respond -- although I did write a letter asking for a payment plan - -they told me they did not need to give me a payment plan nor did they need to give me 30 Day Notice they were filing the lien. Moreno said in his legal papers, that the board had already paid, yet it was nowhere in our end of the year audit. I asked, "where is it they have paid" and on January 1, 2004 I made a request to see the books and the records and "all that I am entitled to under AB 104.

They made a meeting time, broke it the morning of the meeting, then the attorney made a meeting time, but when I got there the only thing they gave me was the copies of the last two meetings, and a one page, "End of October Budget, where it says they paid the money in full that month. [Then the attorney lied!]

They still are refusing to let any homeowner see what they have a right to see under AB 104. Yesterday at the Annual Meeting the manager said, "Unfortunately, there are contradictions between AB 104 and Corp Code, and until those are worked out, we can't show you anything!" Then the Treasurer told the people that, "The legal fund is $11,000 short because of 'you know who' but we are working on foreclosing on her to collect the money." They ignored other people who had sent in applications for the election, and got the board they wanted -- the tyrants who have total control now.

At least two of us know that there is fraud and collusion, but how to prove it. I have been to the police and filed a complaint, but it was incorrectly written, and the District Attorney rejected it. I went to the District Attorney and they told me it needs to be done again with proof, but how do I get the proof, except for what the attorney wrote, and what the bogus budget states, and what we suspect, if we can't see the records?

They have slandered me in letters, in public meetings, and only one homeowner who attended the Annual Meeting would even talk with me. When the police arrested me, the board, and their cohorts all applauded.

So, that is my story in a nutshell. There is a lot more.

The association attorney has hinted that he wants to settle with me, for all of the above, but I have no money for arbitration, nor for an attorney.

He told me the association is "not responsible for the board member hitting me with his car -- that is a personal matter -- nor is the association responsible for the slander, the lies, and the stalking, false police reports, they have made, etc."

How do I find a low cost arbitrator -- who isn't connected with CAI?