40 calls to 40 voters urging them to call 40 more

August 16, 2006

By Willowdean Vance (View author info)
Copyright Willowdean Vance

The greatest cartoon on Homeowner Associations was sent to me by a cartoonist named Bilko, or Ernie Bilsland.

It showed a group of Homeowner Association directors holding a board meeting around a table, with a sign in front of the table reading, "Take The Ass Out of The ASSociation", because every HOA board seems to have at least one out of control, power oriented director taking advantage of the fact the Secretary of State never enforces the 501C(3) Articles of Incorporation that govern the fiduciary duty of the most incompetent, volunteer directors to serve any corporate board!

To start with the Secretary of State from each state should be removed from office for misrepresenting a HOA as a harmless neighborhood community association when they are well aware every CID HOA is a 'QUASI-GOVERNMENT' with dictatorial powers.

The truth is each of these HOAs should be abolished for making Americans prisoners by violating the Constitutional Bill of Rights most important to all homeowners - "Equal Protection" and "Due Process".

The main error made in the sales of an HOA property was the failure of real estate agents or providers to furnish each buyer a complete copy of the Articles of Incorporation.

For example, the most important thing agents tell buyers is, "Honor the CC&Rs, " but the fact is, the real power is knowledge of the directors fiducairy duty, "To treat ALL members in a fair and reasonable manner, and to AVOID any arbitrary decision or any arbitrary action, "which means, no liens,no fines, no evictions etc because all of these hostile acts involve an arbitray decision and an arbitary action that is forbidden.

So all victims should evidence of this Corporate violation of public trust and have the charter removed, on grounds the board violated the Articles of Incorporation!

An action should be filed against the Secretary of State in any state that fails to hold a HOA board accountable for failure to honor the fiducairy duty in the Articles of Incorporation as outlined in the state statutes you can find on line to print out and read under the State Civil Codes, which in California is Code Number 1350-1376.

These codes spell our how finances should be handled and each members right to access records ; receive certified mail, signed receipt if a violation is involved to protect both parties etc.

The truth is, most HOA managers do not grant members access to finance records, or grant them a vote on expenditures etc, except to make demands, "pay up or else."

The sad truth is common interest developments were built across America on the promise of affordable housing for local employers with easy care maintenance and private recreation, such as hdeated pools, club houses, even a golf course and no mow lawns under the care of paid landscape services, so owners could enjoy the good life.

The American Dream ended when homeowners learned the price paid for the good life involved losing all freedom to enjoy the new home at an affordable budget under the worst double standard ever seen in any social housing scheme since President Andrew Jackson forced the Native American Indians to face starvation death on the trail of tears march.

The early concept of 'neighbor helping neghbor I enjoyed in Garden Grove California from 1956 through 1967, was replaced by neighbor spying on neighbor, managers taking bribes from contractors and directors receiving special benefits for over priced contract work that robbed the reserve funds and burdened owners with bankrupt assessments.

Also, the State Bar Associations across America buried their greedy heads in the sand and allowed lawyers to violate the Code of Ethics which requires every lawyer to reject any claim or action that is NOT valid.

For example, a friend was sued for failure to pay a $5. late charge, which they did not owe, by a well known Orange County ,California law firm that advertises "Specialists in Homeowner Association Law, "on the internet.

This couple showed the manager and law firm their bank cancelled checks all fees were paid, but the law firm counted the fat fees offered and hauled them into court on a non-valid claim.

The Los Angeles, Calfirnia Bar and many other State Bar Associations have completely failed their responsiblity to disbar or fine any lawyer or law firm for prosecuting a claim that is not valid, because there is a serious conflict of interest between the Bar Association and the public due to the fact the membership fee is the only source of income to the bar.

The solution is pressure to have each US state sunset all bar associations and put law associations under state government control like the Dept of Real Estate, Dept of Education and other professions.

Last but not least, the IRS is guilty of "selective law enforcement" because they let these 501 C (3) nonprofit corporations enrich themselves in nonjudicial foreclosure fraud, which is unconstitutional because it does not permit due process or equal protection and allows directors special attention.

One of the best examples I found of this was the Lake Forest 11 filed by Feldsott and Lee some years ago after the board accused an Asian homeowner, of violating the balcony he built on his two story home with approval of his architect committee and the CC&Rs.

When the County Building Inspector signed off on the finished balcony as a job well done, the next door neighbor promptly talked the board into hiring Feldsott and Lee to sue him on grounds his balcony was two inches too wide.

The day I was called to inspect the second floor balcony, I was shocked to see the victims home separated from his Board Director by a wood fence two fee higher than the CC&rs permitted, and worse, to discover the reason for the illegal fence height was a fishing boat concealed in the back yard out of sight, the CC&rs forbid.

Unfortunatedly, when a board hires a law firm the lawyers act on privileged information that is biased, misrepresented and even fraudulent to win their case, unaware directors rarely honor the open access rule, or open hearings to all members, so the law firm is acting on hearsay, of a biased officer placing the board at risk for personal and board liability.

I realized the case was filed for two reasons. Some members were biased against Vietnam residents due to the Vietnam War and the victim was from Vietnam and two, the board member feared a second floor balcony would expose his illegal boat in the yard and force him to pay storage fees, if he could not get the balcony removed before word got out he violated the CC&R backyard storage and parking rules.

Orange County, CA has become the richest field for lawsuits in America because the developers and local commissioners earn twice as much profit on common interest developments as individual, private homes.

Americans are so naive they failed to realize the original battle won by George Washington was over tax...yet very member of a homeowner association is a victim of selective law enforcement property tax.

My home in Garden Grove was not in a HOA. If the street needed repair or sewer repaired, our property tax paid all expense, and also covered trash pick up etc, but in a HOA the owner must may more property tax because of the private club etc and a special monthly fee for maintenance plus special assessments for storm damage like a fallen tree etc,

Dear old friend, Lester Wilken called me frantic when his San Diego, California Condo Board almost bankrupted every owner with a special assessment of many thousands to cover a new roof. The contract was way over priced and owners warned failure to pay several thousand per condo would result in liens and foreclosures even though the roofing contractor was overcharging the board.

I directed my friend to the State Contractor's license board to deal with the over priced roofing contract and they were able to get the cost reduced without legal fees...and save the reserve funds that were too low to cover the contract to start with.

Again,one thing overlooked in all HOAs is the majority of directors are untrained, inexperienced, rarely seek second opinions, and over reliant on board insurance to protect them.

My good friend in Kentucky got sick and tired of property rights abuse a few years ago and came up with the best plan to restore property rights and govt reform I have seen work.

He sat down with a list of 40 local voters and called each on the phone to advise them what elected officials caused their property losses to warn them don't vote for them in the coming election and when they hung up the phone, telephone 40 other voters in their district and ask them to vote against any official who ignored all constitutional rights.

His grass roots plan removed three elected officials in the first year of free telephone alert and his neighboring state of Tenn was so impressed they invited a seminar in Tenn and use the same attack.

One childhood motto on my desk is, "If it's going to be, it's up to me, "and all this wise American did was to take responsibility for his property rights in hi sown hands and educate local taxpayers, we each pay a high price for all government officials so when they sell us out, the bets recourse, which is freeof charge, is remove them from office at the polls.

Some should be removed by the Attorney General for violating public trust, racketeering , fraud etc., and a violation of civil rights.

Our Founding Fathers made many sacrifices to the land of the eagle could be the greatest land of freedom the world had seen for all citizens, to enjoy the American Dream.

That dream is now a nightmare with so many foreclosures and bankrupting lawsuits, millions of middle income are helpless and living with relatives to have a roof over their head.

The only member of congress on Capitol Hill to stop this, is Maryland Senator Paul S. Sarbanes, who held a hearing on mortgage abuse and equity loan scams etc I had the pleasure to watch.
Senator Sarbane is from my home state of Maryland, and he tore into every govt agent mortgage firm, from HUD, FHA and VA etc to reform all lending with new protection for home financing,
Pick up your telephone and ask your elected rep who is over paid to contact Senator Sarbanes with a request for a hearing on common interest developments and homeowner associations just like he held on his committee for Banking, Housing and Finance etc.His hearing was televised nationally and the new lawsthat came out of the hearing now help many seniors to avoid losing the roof over their head from home equity loan scams etc. and young couples to save on closing costs etc.

My final words are the words of President Harry Truman, who kept a sign on his desk, 'the buck stops here, "and my fellow citizens, the buck stops with each of our telephones, our mail box, our ballot box and even our right to picket the legislator.'

My best tip to protest or picket the capitol is a plan I executed in Sacramento, California and Tallahassee, Florida with smooth success.I first called the Chief of police at the capitol tol learn what it cost for a permit to demonstrate, then sent him a check to obtain a permi tI could pin to my red,white and blue Betsy Ross jacket.

Then I sent each news station like CNN a bold press release with a cartoon of a weeping home crying for it's evicted family to advise them I would deliver casket to the housing committee draped in a flag to remind the capitol the American Dream is dying...

My friend Joan and I carried our five foot hand made casket up the capitol steps with no threat or incident except curious senators and representativess who were surprised to see two middle age women bring a flag draped coffin to their hearing room.

I am currently preparing a new book, "To take the ass out of the association, " and start a national HOA telephone requesting each caller make 40 phone calls requesting a HOA Hearing from the congressional master, Senator Paul Sarbane.

Don't take my word for his skill. Go on the internet and look up his record with hearings on housing and veterans rights ect then contact your own rep and pu thim or her in contact with Sarbanes Committee, because he is the chair.

As a World War 2 widow, my health and budget is limited to updating my book, "How to Survive A Homeowner Association Aftermath, from mayhem to murder, "because my fellow friends and countrymen, we have seen horrible mayhem, tell a friend foreclosures and bloody murder right here in Arizona and all across the USA.

My last tip is when I attend a public meeting I wear all black mourning including a black widow's veil overm my face and always wear an American flag in upside down on a black ribbon to let everyone know I am mourning for the death of the American Dream...

God bless you each with strength and determination to get those phones ringing and get those sell out officials removed from office and warn all others, we will not trade our Bill of Rights for a Bill of Wrongs, and we will not sit helpless while state officials or State Bar Associations throw their Code of Ethics in the closet to admire their bank account.

My ancestors arrived at Jamestown Village, Virginia in 1607 and three fought in the Militia of General George Washington, etc so I am bit more motivated than many to make sure the generations of sacrifice in my family were not in vain and Irving Berlin's song, God Bless America shall once again ring out with joy.

Now back to my phone assignment...40 calls to 40 voters urging them to call 40 more till we reach more people than Patrick Henry by using telephones in place of guns.

Yours for the American Dream
Willowdean Vance

Other Notes

• Make sure you also contact every Secretary of State and demand they enforce the Articles of Incorporation...or charge them with violating publictrust.
• Demand every home sold in any HOA deliver a complete copy of the Articles of Incorporation so every owner can understand the fiducairy duty of a director
• Hold boards to "no arbitrary decision or action rule
... then you won't find an eviction note on your door or process server because that IS an aribitrary decision followed by an arbitrary action.