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I am glad that you pursued your rights.
Posted May 9 2007 8:37PM CEST
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Denise Gaston
, Texas |
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Glad to here that the insurance company settled with you!
Posted Aug 23 2005 2:35AM CEST
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Username withheld
, Illinois |
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You are not alone. The 3944 Kentucky HOA in Los Angeles is one of the most abusive HOA's. Their attorneys, Robert Hillshafer and Dale Reicheneder, were sanctioned approximately $2,400 for failing to provide timely responses to discovery that was propounded by the plaintiff (a homeowner) against who the HOA had filed suit.
We must all fight to get state and/or federal legislation passed to protect homeowners from these horrific abuses. In the meantime, I do know that the HOA has committed crimes and will be filing a letter of complaint with the FBI.
Posted Jul 26 2005 4:10AM CEST
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Username withheld
, Illinois |
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5. We are now in the Court of Appeal for the second time
Litigitation is ongoing, with a few changes.
PCM Management company was replaced because of inept management. We are in the final process of filing 2 of 3 opening briefs, the first having been filed, the cases consolidated for the purpose of oral argument.
The entire legal process has been a nightmare for us becuase we have had no help from anyone, learning as we proceeded. We developed our own docs from scratch. But,thanks to the Internet, all statutes (civil codes & procedures) and relevant cases are available to print out. We could not have done this without the Internet.
In addition, my wife had emergency surgery on her neck with a titanium plate installed (she had been in bed with extreme head pain and had lost 25 pounds - she is not overweight - in one month; 14 months later she had two titanium rods installed in her lower back in an another emergency situation.
She has kept up with the pleadings and deadlines throughout all of this. This is not to mention my medical situation: I have postponed similar operations for myself for several years because of both my wife's condition and the ongoing litigal process and I am in daily pain.
I also use much of my vacation time to assist my wife. But we are both hardy and as I said in a previous message, "they have a 'Tiger by the Tail'" in my wife. One principal of the law firm we are suing said, "In 30 years of lawyering, I have never met anyone like her".
To continue, the lawfirm who had been representing themselves and kept telling my wife to get 'competent counsel' were directed by the Insurance Company to get competent counsel, which they did.
We are now up a against a large (250 plus attorneys) Los Angeles lawfirm. Also, both judges on our case have been transferred to lower courts - now, I cannot say with certainty that our case had anything to do with it, but is certainly is suspicious.
Thanks for your support.
Posted Sep 20 2004 3:04PM CEST
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Username withheld
Newpot Beach, California |
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For those who are concerned that Homeowner Associations do not reply to their letters"
Very Simple Solution - Write in your letter that unless HOA resolves the dispute according to the condo declarations, by-laws and state statutes, you will settle the dispute in a court of law and that if HOA does not reply to your letter, you will assume that HOA is at fault.
Keep the proof. If HOA goes the court, show the letter to the judge and tell him/her that you are not responsible for any legal fees or any other penalty whatsoever because HOA did not reply to your letter. Demand compensation from HOA for your time.
For those who consider HOA has abused its position or violated the laws, there is a simple solution. File in District Court an original petition with request to the judge to order the defendants to appear before the court and show cause for their acts. If HOA is at fault, it will not appear before the court because it would not have any cause to show for its acts. Ask the judge to issue an order of Cease & Desist and award you the damages.
For those who are in Texas, they can contact me. I am bent upon making the HOA bankrupt and so far have been fighting with HOA's experience attorneys for five years though I do not have a law degree. So far, they have not been able to win.
Posted Sep 16 2004 9:54AM CEST
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M. Ahsan Hashmi
, Texas |
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Comment 6. $250 fine by board and a damanged car they won't fix
Sue them in small claims Court and let the facts and evidence work for you.
Posted Apr 8 2004 3:07PM CEST
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Greg Kuiper
(View Profile)
Dallas, Texas |
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I am currently living in an HOA.
Ever two weeks the street sweeper passes by. Sometimes we the homeowners forget to move our vehicles. It doesn't happen very often but every time it does, our cars get towed and we have to pay $250 for one hour or two the most. We never have a warning.
Well, this time it happened to me and they damaged my car. I am demanding they fix my car but nobody will take responsibility and fix my car. It is frustrating.
RESPONSIBLE NOW,THAT I AM DEMANDING FOR MY CAR TO BE FIX.
A.W.
California
Posted Apr 6 2004 6:13AM CEST
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ana cebreros
palmdale, California |
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We too (my wife and I) are plaintiffs in a complaint against our HOA, we in propria persona. This litigation has been ongoing for 4 years, the defendants filing every pleading against us allowed by the codes and statutes but, in many cases, abusing those codes, this abuse overlooked by the lower courts. We are now in the Court of Appeal for the second time, having prevailed on a SLAPP statute the first time.
This Appeal, filed by us, is in response to the granting of Summary Judgements filed against us by a new judge who was assigned to the case as a result of a Peremptory Challenge filed by the defendants almost 700 days into the proceedings (a successfull attempt by the defendants at "forum shopping", albeit, another abuse of the process). It has cost us as pro pers about $20K thus far; if we had hired attorneys, my guess is that cost would have approached one million dollars if not more.
Also, as much as I don't like to admit it, we are "senior citizens" - I still work full time.
The ploy by the HOA that led to our complaint is that they, i.e., the Management Company, receive checks for monthly dues prior to the late charge date but submit the checks to the bank after that date, thus generating a late charge. Those charges were disputed by us but the dispute was disputed and attorney's fees followed, followed by a lien and foreclosure. In our case, we paid over $2K extorted from us; however, the lien and foreclosure took place after the checks for the approximate $2K were cashed. Even after the attorneys realized that, they kept the case open for almost six months hoping to usurp our property. This caused irreparable damage to us because of personal issues occurring at the time.
Posted Feb 13 2004 4:20PM CET
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Username withheld
Newpot Beach, California |
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I am a board director in a homeowners association in California. Our HOA lawyers have been misleading the other (blind) directors to violate state laws and our corporate bylaws, thereby forcing me to sue the other directors.
Our HOA lawyers are hoping to make tons of money on the lawsuit. And the State Attorney General will do absolutely nothing- in California their involvement is optional.
Posted Feb 11 2004 3:29PM CET
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Username withheld
, California |
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Please keep us informed insasmuch as we in Colorado are on the verge of a similar situation of the Pond Board failing to protect hundreds of thousands of dollars of reserve moneies - and not wanting to pursue the fiduciary trusteee(ie managment company) whicb has been the recipient of the monies for a considerable number of years.
Our covenants EXPLICITLY restrict the use of these moneys to be reserved for two specific purposes and are
paid into by 182 out of 350 homes - The Board acknowledges the monies are missing and contend that the monies were spent for purposes other than the ones called for by the explicit words of the covenant.
The outside CPA firm failed to audit for the missing funds. We have an Inside Audit Committee - but the Board fired it so that they could not continue to inform all the owners of their missing monies.
We have the city attorney's office getting involved and have them inspecting for fraud by bailee.
We are attempting to use the officials rather than filing our own lawsuit - and will also be using the media if the officials continue to drag their feet.
AN UPDATE ON THE HVLA LAWSUIT
This lawsuit was settled by the HOA insurance company - CHUBB Insurance..
Posted Jan 15 2004 9:00PM CET
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Username withheld
Arvada, CO 80005, Colorado |
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