State Judges Transalation of Justice is Just Us!

February 18, 2005

By Willowdean Vance (View author info)
Copyright Willowdean Vance

On February 10, 2005 the U. S. Congress sent the President lelgislation they passed to take away class action lawsuits from state judges and juries.

President Bush said ''This bill is an important step forward in our efforts to reform the litigation system and to continue creating jobs and growing our economy,''

When it comes to homeowner associations, nothing gives homeowners more cold chills than the thought of going to state biased courts and being roobed of their homes and life savings. This new congressional ruling granting Federal Courts power to transfer all multi-state class action suits to the Federal Court, could be a blessing in disguise, so don't look a gift horse in the mouth?

When the Capitol Hill legislation voted 279-149 to BAN all state courts from hearing class action, the motive was reducing the huge profits lining the pockets of trial lawyers too greedy to share it with victims. For example, when the "Switch and Bait" suit settled against Sears, my total loss was $2,500 but the settlement mailed me from the lawfirm was only a $7.00 coupon to spend at Sears.

However, homeowner associations are a Federal problem because they violate more constitutional rights of more citizens than any other action filed because common interest developments glut the market.
And because congress made this housing a Federal Issue when they donated $75,000 to CAI(Community Association Institute, to get the new social experiement in housing off the ground and running with financial backing of federal agencies like HUD, FHA and VA.

But let's look at the benefits. There are currently 55 million or more citizens denied constitutional protection by these quasi-governments
completely controlled by trial lawyer firms with no intent except owning the richest housing market in the nation without spending a dime for upkeep.

Law firms always invested in property like apartment houses but the maintenance ate part of the profit and once you foreclose on HOA properties you don't need a landscaper,house, handy man etc because one bill pays all!

After thirty odd years of Home Association Court watch I can verify 99% of all HOA cases are awarded HOA Law firms because the only way state judges spell the word justice, is- just us!

But- the Federal Court has to put the constitution first. Equal Protection and due process cannot be waived in the Federal Court or any other right, such as the right to privacy, to confront the witness, see the evidence etc, all of which are tossed aside in State Courts.

In many cases, the State Judge is an old school chum buddy of the Law Firm using your HOA reserve money to sue you, and pals who passed the exams together in the same class room always work together behind closed doors.

A Federal Judge is far less likely to have any bias; school chum obligation or misplaced loyalty...the only rule of law he is interested in is making sure the constitution is not violated.

The Federal Judge does not depend on court fines to cover his paycheck or pension and doesn't have to make friends with any HOA board for favors or profit. There is no conflict of pay in Federal Court like State Courts who are always scrambling for operating cost in over burdened courts.

Ninety per cent of all HOA cases violate every constitutional right because Law Firms know the greatest road to riches is misleading directors , "to ask not what they can do for you, but order you to do for them," and keep the liens handy for anyone who demands rights.
One big class action suit like the "We The People, " IRS case won recently, could knock these property rights theives right out of the water and into the lap of over burdened homeowners.

The opponents complain this bill no longer allow judges to routinely approve large settlements for lawyers and pennies for victims. I
Career politicians are afraid the large contributions from trial lawyers will fall by the wayside...and nobody cares what happens to John Q. Public, because Corporations have ruled the courts so long, citizens have no voice.

The state legislatures have refused to exercise their duty to pass legislation for residents of HOAs because developers spend big bucks buying votes.

County Commissioners don't care what kind of housing exists in their district as long as price is right.

So when you look at the whole problem of homeowner associations there are only two solutions. A First Amendment Rights Hearing under the right to petition congress for any grievance or a Federal ruling on a class action to force nonprofit corporations to comply with state statutes requirements for reasonable actions and fair decisions
they have refused to enforce since CAI knocked opened their doors with out stretched hands.

Skip Daum might have to find a new job training lobbyists if we can get a good constitution rights Law firm to take a class action suit for HOAs and the prospect of so much free national publicity changes an unpopular case to a piece of cake at the same time it eliminates all the crumbs.

And-a Federal case would be far easier since the New Jersey Court already ruled all maintenance fees and reserve money etc is in fact a tax and the IRS has no authority seize property or money for failure to pay tax without due process etc.

One of the main complaints against HOA losses is the illegal seizure of property under nonjudicial liens and the tax discrimination that mnow forces HOA citizens to pay more tax for less service than public developments getting the same service free with property tax!
We all get tired of hearing citizens complain about discrimination but in the case of Common Interest Developments, these so called self-help communities were solely designed to double profits by discrimination.

In my opinion, this life saving legislation that was already approved may be just the law we need to save the American Dream because it eliminates the costly nightmares of county to county, state to state lawsuits wiping out everyone but law firms, and puts the whole debate into one court under rhe rule of constitutional law and our constitution does not grant authority for any housing association to lie, intimidate, harass, discriminate and use the victim's own money to steal his house.

The current congress has delivered very little help to "We The People, " since Lyndon B Johnson resigned from the Whote House, " in my opinion- but this legislation designed to deal a blow to class actions could move miilions of homeowner associations to the head of the class if the right law firm picks up the ball,

Keep an eye on Constitutional Law Firms and check out cases on the Internet, because the Senate Bill on Multi-State Class Action Suits passed Feb. 10, 2005 could be an early Valentine for homeowners in love with homeowner rights.

I don't always see eye to eye with President Bush, but this law may go further to save the American Dream than his efforts to stop frivolous lawsuits-because restricted communities are the only type of homes being built and no one files more frivolous lawsuits than HOA Lawyers, as the great Jackie Gleason would say, "How Sweet it is?"