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Press Release
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LEGISLATURE TO STUDY PROBLEMS OF HOMEOWNER ASSOCIATIONS
An advisory group to study and recommend revisions on the laws governing homeowner associations
June 04, 1997
By
AHRC News Services
Copyright AHRC News Services
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In our association the Board does and states everthing, to make the newspaper and everyone else beleives that they let anyone who will ask see the records. This is an out and out lie.
They will tell you there is a ledger in the library that you can look at. They do not in any way want you to see the true records. One person got a hold of a gas charge on one of the credit cards and because of this they reduced the cards from 17 to 4 and fuel consumpsion was reduced by two thirds..
Now they want to change the laws to keep us from seeing any cancelled checks. We will also be unable to see who they have contracts with.
Sun City Roseville
Posted Apr 29 2004 7:06AM CEST
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Username withheld
Roseville,, California |
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With regards to the more recent comments (4&5), Comment 4. We have just made a few changes to Jim's suggestion I would like to add some things as well.
Interestingly enough, Associations are considered creditors, yet unlike other creditors, they are allowed full reign to preditorily foreclose on a property without the DUE PROCESS that is guaranteed in our Constitution (5th and 14th Ammendments) and it must be noted that no State may deprive a citizen of those rights without DUE PROCESS (that means court proceedings). The culmination of this is that the Association Industry (associations, attorneys, lobbyists, etc, by and large (rule not exception) are propagating this misery by association because it is a HUGE money making scheme.
Nationwide, unconstitutional acts against the 5th and 14th ammendments are being carried out by this industry and State governments are idly standing by and permitting this.
Associations laws within the respective states presumably do not include criminal sanctions against criminal offenses, only civil ones. This is specifically by design to circumvent criminal enforcement, and thus associations are given full reign to lie, cheat and steal legally. Please do not misinterpret me, while there are decent law biding associations and citizens out there, these sought after legal reforms are for those whom chose to take full economic advantage of the purposely designed legal loopholes that permit the abuses.
The intent of the reforms is not to detract associations power, but to regulate against abuses. Therefore, lawbiding associations should not fear the proposed changes, only the ones abusing the power will have a problem with the changes, and if many speak up against it, that should be an indicator of just how bad the abuses really are.
With regards to the fourth item, making changes to the records-access provisions of the civil code similar to public records laws of the Government Code is a fine idea, but who will "enforce" these.
The matters of changing laws to be more consumer friendly is based on the notion that they will either voluntarily or involuntarily be enforced. The latter, more specifically, by government; however, it is a direct conflict in terms with the prominent lassiez-faire attitude of government who passes laws yet fails to enforce them.
Basically, forget the FAUX government, remember the naysayers on election day and vote for the real officials who labor to make the difference in the communitites and not in the BIG businesses!
I live in Fraud Friendly Florida and we are struggling angainst the big money of corrupt lobbyists who are only seeking to surpress the truth by pumping big money into the capital to either wash down the proposals or either kill them altogether.
In our state as well, our Governor Jeb Bush, also put together a HOA task force to study the matter. Coincidentally enough this task force was composed of multiple industry experts and few homeowners, the end result was not impartiality, but industry bias opposed to consumer rights.
At the end of the day nothing is done to protect the consumer, however, funny enough it seems that animals have more rights these days and that truly say something about the lack of focus that our government has towards the citizens.
Just my two cents,
Louis A. Gonzalez
Posted Apr 27 2004 2:47PM CEST
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Username withheld
Miami, Florida |
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Occasionally, we print an older article to provide our readers with something of the history of homeowner associations.
We printed this article to highlight the fact that nothing was ever done. Sometimes, governments appoint a commission to study a problem in order to prevent any real solution.
AHRC Staff
Posted Apr 24 2004 6:18AM CEST
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Username withheld
San Juan Capistrano, California |
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We have just made a few changes to Jim's suggestion in capital letters:
(1) BAN, NOT JUST limit non-judicial foreclosure while still protecting the ability of the Association to collect funds,
(2) make the Open Meeting Law similar and compatible to other existing open meeting laws of the State, WITH STIFF MONETARY PENALTIES THAT CAN BE IMPOSED BY THE HOMEOWNER BEING IMPACTED. He should be ABLE TO IMPOSE A FINE, FILE A LIEN AND COMMENCE NON-JUDICIAL FORECLOSURE PROCEEDINGS AGAINST BOARDS AND MANAGERS WHO FAIL TO COMPLY WITH THE LAW. (HEY, LET'S JUST LEVEL THE PLAYING FIELD A BIT)
(3) limit fees to what is reasonable and codified under other existing laws of the State, and WHAT IS REASONABLE SHOULD BE BASED ON THE HOMEOWNERS OPINION OF REASONABLE NOT THE BOARD's, THE LAWYERS, THE PROPERTY MANAGERS OR THE JUDGES.
(4) make the records-access provisions of the civil code similar to public records laws of the Government Code. Then the effort will be one in which all can be proud.
GEEZ - IF WE ARE GOING TO DO ALL THIS, THEN WHY THE HELL DON'T WE JUST BE A CITY - A REAL CITY THAT CAN FLY THE AMERICAN FLAG WITHOUT GETTING PENALIZED - A CITY WITH A SYSTEM OF CHECKS AND BALANCES. NOT A FAUX CITY, WITH A FAUX GOVERNMENT AND A FAUX SET OF LAWS WITH SOME SILLY LITTLE ELECTRONIC GATE AND IT'S PERCEIVED PROTECTIONS.
IT'S JUST ALL FAUXED UP!!
Remember - Your community begins with YOU - AND ENDS WITH THE INTRUSION OF AN HOA PROPERTY MANAGER AND LAWYER.
Posted Apr 24 2004 5:53AM CEST
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Username withheld
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Why are you sending out news messages on HOA problems that are not current? I want any new publications for this month and year (2004).
Regarding an article that appeared in the Sacramento Bee, that was written by a Mr.Kolber, and responded to in your newsletter by "Joe Homeowner" I tried to find the article that was referred to but couldn't find it. I subscribe to the Sac.Bee but must have missed it.
Can you please print it and send it out? I think most of us would like to see what Joe Homeowner was referring to. Thank you.
Another HOA resident with problems.
Posted Apr 22 2004 6:11PM CEST
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Username withheld
Roseville, California |
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Good start Jim. How quickly you came up with some good ideas for solving the abuses in homeowner associations. You should be on the California Law Revision Commission. Too bad appointments are made on the basis of how much special interest donate to political campaigns!
Unfortunately, this is a 1997 article.
In 1999, the politicians looking out for special interests gave this task to Nathaniel Sterling- a lawyer employed in California Law Revision Commission (CLRC), a taxpayer funded office. He has been "studying" for five years.
The Nathaniel Sterling is a member of Uniform Code Commission a non-profit group of lawyers and judges mostly promoting laws that benefit the litigation industry.
The commissioners on CLRC are political appointees who are protecting special interests. The two politicians - one from the Assembly and the other from the Senate are politicians beholden to special interests.
CLRC proposed a minor bill AB 512 in 2003. It was meant to appease the millions of homeowners who are furious with the financial losses, litigation, corruption and abuse that occur in homeowner associations.
CLRC lawyers Nathaniel Stering and Bryan Herbert have been using this taxpayer funded office to delay reform and further the interests of the litigation industy. In AB 512, Bryan Herbert is fighting the only pro-homeowner enforcement suggestions by Majorie Murray of the Congress of Seniors to get another toothless homeowner association bill that CAI, ECHO and CACM are supporting
Posted Apr 21 2004 6:35PM CEST
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Username withheld
San Juan Capistrano, California |
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On the surface this looks like a great organization. The proof, however, is in the pudding. let's see what sort of public input they solicit and accept. Let's see what recommendations they come up with.
Clearly, if it is more of the same then the effort was wasted. On the other hand, if there comes recomendations that
(1) limit non-judicial foreclosure while still protecting the ability of the Association to collect funds,
(2) make the Open Meeting Law similar and compatible to other existing open meeting laws of the State,
(3) limit fees to what is reasonable and codified under other existing laws of the State, and
(4) make the records access provisions of civil code similar to public records laws of the Government Code then the effort will be one in which all can be proud.
Remember - Your community begins with YOU
Posted Apr 21 2004 2:32AM CEST
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Jim Stilwell
(View Profile)
, Michigan |
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