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An Article
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The Homeowner Association Organized Crime Protection Racket Scam
Texas Senate Intergovernmental Committee only includes foreclosure lawyers and political beneficiaries on government witness panel
October 13, 2006
By
Richard Craig
(View author info)
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| Austin, Texas - On September 30, 2006, Richard Craig, a veteran homeowner advocate who has authored many informative articles about Texas homeowner association scams, sent the following alert about a hearing that the Texas State Senate Intergovernmental Committee had called to discuss new homeowner legislation. This government committee only invited CAI homeowner association foreclosure lawyers. They wrote legislation that makes it easier for them to extort and take the homes of property owners in Texas. More and more veteran politicians are using the legislative process deceitfully to enrich themselves and the lawyers that finance them, by passing laws that help them steal others' life savings and property.
Recently, , the chair of the California Assembly Housing Committee, Gene Mullin, and his consultants held held deceptive hearings, lied at the hearings, and denied veteran homeowner advocates a voice on the panel when they railroaded AB770 through the California legislature. URGENT! To Austin - Oct 2, 2006 - they're coming!! Organized Crime - Protection Racket Scam:
I've just been informed that the Community Associations Institute (CAI) is testifying at a meeting on Monday morning October 2, 2006. Hope to see Y'all there, too.
Below is the agenda for the Senate Intergovernmental Committee for this Monday, October 2, 2006. Although we had requested that we be advised in advance of this meeting so that we might register to speak, etc., we have just learned of the meeting.
When we requested permission to speak, we were advised that we would have to sign in at the meeting. All of those listed are for TUPCA. There are no homeowner advocates there. It is also Yom Kippur - a solemn Jewish holiday - but of course, that is of no concern to the TUPCA group.
Rich Several homeowner advocates and homeowners showed up at the meeting. During the public comments period at the end of the meeting, many voiced their objections and exposed the misdeeds of CAI lawyers, managers and board members.
One first time homeowner who was being terrorized by her board and their lawyer, and facing the threat of losing her home for lawyers fees, fines and liens over routine home improvements, talked of killing herself.
She made public the following letter that the board president of her HOA Crescent Oaks Homeowners Association , a sub-association of Stone Oak Property Owners Association sent her: ...... AHRC News Services
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Crescent Oaks Homeowners Association wrote:
Ms.Arshia:
Please find a copy of the landscape review that I hand delivered to you on 9/26/06 at 8:31 PM. Don Mabry was present as a witness.
Lee Cowey - President
Crescent Oaks Homeowners Association
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LETTER FROM CRESCENT OAKS HOMEOWNERS ASSOCIATION
September 27, 2006
Certified Mail, return receipt requested,
First Class Mail and Hand Delivery
Ms. Arshia
Crescent Way
San Antonio, Texas 78258
Re: Landscape review Crescent Way, San Antonio, Texas 78258
Ms. Arshia:
On September 12, 2006, you submitted plans pursuant to your appeal hearing held on September 8, 2006. You were given the opportunity to be heard by the Board of Directors of the Crescent Oaks Homeowners Association, which also serves as the Architectural Control Committee, in addition to the Stone Oak Property Owners Association. Crescent Oaks Homeowners Association is the designee charged with the responsibility for the interpretation and enforcement of the Covenants, Conditions and Restrictions of the Crescent Oaks Subdivision in which this address is located.
On September 17, 2006 the Board of Directors convened a meeting to review the plans that were presented by you. Below you will find the findings and recommendations of the Board:
1) All marble granite pavers and tiles are not approved and must be removed from the front and back yard and will at no time be acceptable.
2) Sunflower's are not an acceptable plant for use in Crescent Oaks. Therefore, all sunflowers on your lot must be removed properly as to not cause further problems with over-growth.
3) The green metal edging along the sidewalk in your front yard must be removed. It is currently unacceptable and also a safety hazard to the neighborhood.
4) The soaker hoses (if used) must be properly covered with either rocks or a pre approved mulch such that it can not be seen by the public.
5) The water hose area in the front of the house is not approved. All water hoses must be stored in proper containers such as hose reels and must be on the side of the house.
6) All debris and trash on the East side of the house must be removed immediately. (Boxes,cardboard and landscaping debris)
7) The plants on your submittal for approval with your landscape plans are not detailed enough for a complete review and approval. To avoid any misunderstanding, a new plan with names and photos of the plants you currently have as well as any plants you would consider using should be re-submitted for approval prior to use
8) All crushed white stone must be smoothed to ground level. This stone should be harmonious with the Stone Oak area.
9) Proper weed control must be used under the crushed white stone, (i.e., black landscaping plastic or a professional weed killer prior to putting down the crushed stones as to control the growth of weeds under the rocks. You must also have this weed control under the current crushed rocks in place.
10) Parking in your yard is a violation of the DECLARATIONS OF EASMENTS, RESTRICTIONS, COVENANTS AND CONDITIONS("DECLARATION") of Crescent Oaks and the Stone Oak Master Plan as well as San Antonio City Code. Further violation will result in fines against you.
11) Parking any vehicle on a sidewalk is also prohibited, including but not limited to motorcycles. This is also against the San Antonio City Code as well and will result in fines against you.
12) At no time whatsoever is any Stone Oak residence allowed to erect a clothes line in front, backyard or side yard. This request is not approved.
13) The request for granite walkways on your lot is not approved.
14) The timber wall is allowed to remain as long as it is properly maintained with approved stain. Only approved landscaping material or plants will be allowed in this area. A more detailed plan is required for the approval of this area.
15) At no time is the disposal of food waste acceptable anywhere on your lot, as described in Article XXI (Garbage and Refuse Disposal) of the DECLARATIONS OF EASEMENTS, RESTRICTIONS, COVENANTS AND CONDITIONS of the Crescent Oaks Homeowners Association.
16) All homes in Crescent Oaks as well as Stone Oak are to be maintained as a single family residence. No owner shall rent out rooms to others as this constitutes a boarding business transaction and is prohibited. You are therefore notified that you are not allowed to continue renting rooms from your home, to do so will result in the assessment of fines.
17) Stone Oak Master Plan does not allow driveway extension and this must be removed.
The removal of all non-compliant, unapproved material must be done within 30 days of the date of this document.
1. Violation Policy and Penalty Violations of any of the restrictive covenants, rules, regulations, policies or governing documents of Stone Oak or of any applicable neighborhood within Stone Oak; any violation of the General Deed Restrictions as set forth in the Master Plan, as amended from time to time, which are applicable to Stone Oak; and any violation of any policies, rules and regulations of Stone Oak, which may front time to time, by an individual owner, resident or tenant shall result in the following actions and penalties.
A. First Violation: A warning will be issued in writing to the owner and/or resident or tenant. The warning, which may be in the form of a ticket or a letter shall contain all statutory notices without limitation, the notice required under the Texas Residential Property Owners Protection Act, Texas Property Code, Section 209.006, as it may be amended from time to time, and as applicable.
B. Subsequent Violations: Owners shall be subject to the Penalties for any subsequent violation:
i. Non-continuing Violations: For a non-continuing violation recurring within six(6) months of the first violation:
$ 50.00 for the second occurrence
$ 100.00 for the third occurrence
$ 200.00 for each additional occurrence
ii. Continuing Violations: For continuing violations of the Master Plan, the General Deed Restrictions and/or policies adopted by the Association from time to time, which are not cured within the specified time period in 1A above, the fines shall be $50.00 per day commencing the day following the end of the cure period or the date specified in the Texas Property Cod, Section 209.006, whichever is later.
The above -referenced fines are in addition to fines permitted under the Texas Property Code, Section 202.004(c).
This letter serves as notice to you and encompasses the findings of the Crescent Oaks HOA Board of Directors review of your landscape submittal. Any non-compliance with the stated terms will result in but not limited to the above stated penalties. Your immediate response is critical as fines and attorneys fees are accruing from August 29th, 2006 as stated in the Cease and Desist letter you received.
Sincerely,
Crescent Oaks Homeowners Association
Lee Cowey-president for the Association
Board of Directors
Cc: Michael Thurman-counsel for the Association
Buz Buckley-Manager Stone Oak Property Owners Association |
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