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AHRC

An Article
HOAS: AMERICA'S NEW 'FORM OF GOVERNMENT' FOR OVER 50 MILLION AMERICANS

U S State and locally supported "Commune"ism

April 20, 2007

By Linda Gehring

Phoenix, Arizona -

Below is a copy of a letter I wrote to a number of Arizona legislators recently:

Letter to Arizona Representative Farnsworth


Dear Representative Farnsworth:

With all the constituents and others you must meet, I'm sure you will not remember me. I was the woman who visited with then Rep. Gorman regarding some, what I considered, fraud and graft going on in some of the HOAs in Arizona. Between the collection and foreclosure attorneys disguising themselves under the banner 'CAI' who have been lobbying the Arizona legislature for woe this many years, it is appalling what is going on the State of Arizona under the guise 'consensual' and 'community.' One victim of such 'community' is on death row right now, a man most likely, if my case was an indication of the behavior of these attorneys and their judges when confronted, was threatened and harassed within an inch of his life. My home was broken into. I lost over $17,000 and about $30,000 from the equity of my home. People's sanctuaries have become their prisons, and unfortunately the bullying behavior our children are experiencing has been learned within their own neighborhoods in most of these communities.

Between my experience in Arizona's courts, the judicial and attorney abuse that went on under the guise "under Arizona law," after 45 years I have left the State of Arizona, a state I dearly loved and grew up in. I hope many of your members and some of the judiciary in that state someday acknowledge that those funds coming from the CAI have been robbed from the citizens in blatant violation of a Constitution they have sworn to uphold, while instead their real 'government' pockets the cash, aids and abets, and looks the other way. Even a judge of such noteworthy repute as former Arizona Supreme Court Justice John Molloy agrees that the collusion between members of the bar and the judiciary is a known fact. With the tenor and greed of our government, within the next generation 'private property' ownership of any land will become a thing of the past, and one of the most basic rights of any citizen in this country. When 'big brother' is living next door, the idea of 'big government' has taken on a whole new meaning.

Between the immigration situation, HOA theft and abuse, growth without accountability nor even the basic provisions of adequate police protection (two serial rapists and killers in one year were enough for me, even absent the larceny and litigation abuse I faced this past two years. I paid my debt, by borrowing off an inheritance due my mother from an aunt who died during the travesty I endured. While I was attempting then to sell the home, even at the bargain basement price, it was broken into. And Mr. Glaser is on death row.

You might try investigating the real criminals - (named CAI affiliated attorney lobbyists). To claim a legal specialty that doesn't even exist or is recognized by the bar is fraud upon the public just for starts, and to lobby for laws as some have done all these years, and then preside, prosecute or even defend in cases regarding the 'illegal' laws they have written through the legislature robbing homeowners of their property and equity, in any sane world, would be a conflict of interest and self-serving 'unjust enrichment.' I wonder why the crime rates and bankruptcy rates are so high now in Arizona. The unconstitutional focus on "Jobs and the economy" are costing people their very lives, and the crook most likely lives next door, or wears a black robe or meets in a committee at the Arizona legislature, where 'partisan politics' is the order of the day rather than upholding a vow and sworn oath to uphold both the U.S. and Arizona Constitutions.

In reading those statutes which have been passed, I don't think the State has been 'upholding' obligations under 'private contracts', but rewriting them. And I'm sure the founding fathers, when making that provision, had no intention for the States (or cities) to be benefactors in private property 'contracts,' nor since they left their mother countries to escape unlawful property 'seizures' that crafty politicians, developers and lawyers would use this 'loophole' against 'we the people.' $17,000 in legal fees in a small claims matter, and no serious court reforms banning this type of abuse is appalling. As I said, the right to have an attorney was intended in this country for criminal actions, and the self-regulation of the attorneys in this country is not working when they are writing the laws to insure their own livelihoods.

For what it is worth

Letter to Arizona Representative Nichols


Dear Representative Nichols:

After having recently moved from the State of Arizona after more than 45 years due to the inability of our government to address the illegal immigration situation, and also having lost over $17,000 in a Scottsdale Justice Court small claims action against my HOA and then another at least $30,000 for the under market sale I was forced to undertake in order to escape additional harassment and abuse from the CAI affiliated attorneys/management concern/Board (all protected under a Farmer's indemnification policy which is being brokered through the CAI attorneys and management concerns for their illegal activities in these developments, and since it appears again that little, if anything, will be done by our legislature against this year to stop this abuse with one victim now on death row in the State of Arizona after, most likely, being harassed within an inch of his life and losing his home, I thought you might find the below article of interest to you and the committee members.

If you were terrorized in your own home, with no one to turn to because, in the name of commerce our legislature has turned its back on the U.S. Constitution with all the 'bought' and campaign contributed statutes which have passed due to the industry lobbyists (with the cities/developers also included in that since our cities, it appears, will stoop to any level in order to garner additional tax revenue), how long before you would resort to violence to protect your property?

Click the following link to see the concern of an Arizona citizen: PRIVATE PROPERTY OWNERSHIP IN AMERICA NOW MIRRORS CHINA - China's Private Property Ownership Rights Increase While Those in the U.S. Are Under Assault - March 22, 2007 - By A Concerned Citizen Flagstaff, Arizona

In the Friday, March 16, 2007 issue of USA Today on page 8A there was an interesting article on a change in private property ownership in China that those now living in HOA communities might find of interest (and every single other prospective homeowner now or in the future).
After 30 years of economic reform and 14 years of debate, China's legislature today is set to recognize the legitimacy of private property in a law that provides the first modest legal protections.

Since the Communist revolution in 1949, China has permitted only public ownership. The party stripped landowners and others of private property, persecuting them and declaring all property collectively owned.

The law basically ignores the constitutions upholding of socialist private property as sacred and not to be violated," says Gong Xiantian, a Peking University professor who worked to prevent a vote on a similar law at last year's NPC (National People's Congress) convention last session.

Changes in the new law are mostly symbolic. Legally, all property remains state-owned, but private individuals and companies can obtain the right to use it for periods of up to 70 years and sell those rights.

The relationship between the government and the peasants is worse than before," Wen Tiejun, a leading government advisor on rural issues says. "Local officials take land from the poor rural people, but at their back are the entrepreneurs, the rich people" who want development.

Activist Shu Kexin says rural residents will have trouble selling their land-use rights or converting them into real assets despite the new law. Even in the cities, he says, the lack of stronger property rights leaves people who have bought apartments and townhouses weak in negotiations with developers, who are often government-backed.

With the advent of mandatory HOAs in metropolitan cities in the U.S. with the cities/developers in partnership and collusion in reaping the rewards, while removing private property ownership rights from all future generations of Americans now in the making - how long before there U.S. citizens are in the same position as the Chinese, as land ownership changes hands to the developers by one generation and is resold as a 'rental' with a lien running with the land making it subject to seizure at any time again by this 'new' form of quasi-government, the HOA (which in reality is not the owners at all, but the unregulated, unlicensed and ethically impaired yet judicially and legislatively protected 'for profit' leeches, management companies and "community association" lawyers (and it is interesting to note, that although this 'specialty' is advertised by these trade affiliated, in reality, collection and foreclosure attorneys who began the CAI and have been feeding select legislative representatives with their ill-gotten gains to increase their members power in these communities over the years, this legal specialty although fraudulently advertised on their respective websites and in print, is not recognized by the American or any state bar that I am aware of).

The founding fathers came to this country to escape the land seizures that had occurred in their mother countries and to seek a new life without fear that what they had worked for would never be subject to governmental seizure again. First Kelo, now HOAs.

It appears 'tolerance' in America has become 'tolerate everything.' There was a wonderful line in the movie "The Patriot," that sums up where we were in 1776 to where we are now. In the moving when initially protesting the war, Mel Gibson's character states: "Why should I trade one tyrant 3,000 miles away, for 3,000 tyrants one mile away."

I guess that sums up the future for property ownership in America. Unless and until our 'representatives' truly become 'representatives' once again, and NOT politicians or, in some respects, the crooks it appears they have become and at the beck and call to whoever will fund their next campaign, at least with respect to property ownership and the other erosion of individual rights and freedoms which have occurred, becoming nearer and nearer to communism rather than the Constitutional Republic our founding fathers created, fought, sacrificed and died for over 300 years ago.


Linda Gehring
 
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For more information, please check out the articles listed below:
  • The Headaches of Homeowners Associations - Linda Geist Gehring
  • ARIZONA POISED TO PASS MANDATORY RESERVE BILL - Linda Geist Gehring
  • LETTER TO ARIZONA LEGISLATURE REGARDING PENDING ANTI-HOMEOWNER LEGISLATION - Linda Geist Gehring
  • HOUSE RULES COMMITTEE STALEMATE ON ARIZONA HOMESTEAD EXEMPTION BILL - HB 2352 - Linda Geist Gehring
  • LITTLE BOXES - Linda Geist Gehring
  • "One Nation Under God" Has Lost It's Way - Linda Geist Gehring
  • TERRORISM AND THE AMERICAN DREAM - Linda Gehring
  • CONSTITUTIONAL REWIND - Concerned Citizen
  • PRIVATE PROPERTY OWNERSHIP IN AMERICA NOW MIRRORS CHINA - A Concerned Citizen
  • Arizona Amending Homeowner Association Laws - HB2307 - AHRC News Services
  • HOA reform bill proposed - Garin Groff
  • Arizona Lawmaker Fights to Save Homes - Peter Amherst
  • Arizona Homeowners Association Bill SB1151 - George K. Staropoli
  • Enronitis and Homeowner Associations - Gerald Ainsley
  • Legislature is beating bushes for justice in neighbor matters - Laurie Roberts
  • Associations Do Not Need The Ability to Foreclose - Pat Haruff
  • Arizona Bill Fights To Restore Property Rights - Joe Haggerty
  • Was the Arizona reaffirmation of HOA homeowner abuse a politcal football? - Marcus Aurelius
  • DISABLED MOTHER FACES FORECLOSURE ON HER HOME FOR $400 - AHRC Community Services
  • Arizona HOA "journal" misleads homeowners on disclosure - George K. Staropoli
  • HOAs too powerful, critics say - Diana Wenner
  • Bill needed to stop frivolous and unsubstantiated HOA liens - George K. Staropoli
  • Greetings from retirees produce mixed reactions - Arizona Republic
  • May 2004 Build on the Success of 2003 - AHRC News Services Staff
  • Some legislators are truly working to make a difference for housing consumers in the state of Florida -- and possibly the entire nation - Monica J. Sadler
  • Arizona Legislators getting the message across with eleven homeowner association bills - Marcus Aurelius
  • The Arizona Legislative HOA battle in 2004 - George K. Staropoli
  • Homeowner Association Bills Deserve Attention - George K. Staropoli
  • Legislators shift tactic on Homeowner Association reforms - Chris Fiscus
  • Arizona Bill, HB2402, to put a break on foreclosures - George K. Staropoli
  • Unconscionable HOA Activities - George K. Staropoli
  • Homeowner Association 'reform' losing ground - Tim Hull
  • Over the Rainbow - George K. Staropoli
  • State Legislatures Beginning to See Homeowner Associations Foreclosure Abuse - George K. Staropoli
  • Homeowner Rights and Education - Audios and Videos - George K. Staropoli
  • Arizona Governor Napolitano responds to Homeowner Association problems - George K. Staropoli
  • OUTRAGE IN ARIZONA - Ken Albrecht
  • Why was foreclosure pursued against Timothy Carr? - George K. Staropoli
  • ARIZONA HOMEOWNER ASSOCIATION BILLS FOR 2005 - Barbara Epperson
  • ARIZONA INTRODUCES ELEVEN BILLS TO REGULATE HOMEOWNER ASSOCIATIONS - George K. Staropoli
  • Just Seven Arizona Homeowner Association bills will bring substantial reforms - George K. Staropoli
  • LETTER TO ARIZONA LEGISLATORS REGARDING FAILED COURT SYSTEMS - Linda Geist Gehring
  • Why the elderly, women, the disabled? - George K. Staropoli
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