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This is something that happened in 2001 six years ago. Why has nothing been done about the compaints of the owner all this time ?
Do we have to wait till the cows come home and our homes are gone ?
Posted Mar 25 2006 2:32PM CET
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Username withheld
los Angeles, California |
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The problem that was not addressed when Davis Stirling was created is that some homeowners assoiations .are under federal law because of having the meetings.insured by HUD and Davis Stirling cannot be used in many case.
I had spoken to Ms. Thornbury many years ago about this conflict.our by-laws (re above) require that the share must be surrendered if the violation is not cured in a satisfactory manner,and only then is unlawful detainer started .
Author profile
i am a shareholder and resident of a HUD 213 cooperative of 221 units.the problem arises when the board-and attorney attempt to apply Davis Stirling to our co-operative.we are totally under the rules of HUD and there have been many cases that confirm that fact,that Davis Stirling cannot be used in certain instances that supercede federal law.i;e:unlawful detainer,our documents for that purpose are totally different than Davis Stirling.
Posted Jun 29 2005 7:29AM CEST
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richard lavelle
(View Profile)
, California |
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Judge Charles Goff is rignt on the tryannical Boards are the ones who levy fines for alleged violations,and then become the JUDGE, JURY AND FINALLY THE EXECUTIONER WHO RUINS THE LIFE OF THE HOMEOWNER.
I am one of those being damaged over lot lines that are unprovable by the Association Board. They paved over all markers and refuse to make them available. I believe under Title 25 they must maintain the survey markers and make them visable. They are fining me every month over imaginery 2" over placement.
I just think this is unconstitutional. My attorney said although they are breaking the law, he cannot stop them.
So who can?
Posted May 20 2005 5:05AM CEST
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Richard Bubendorf
(View Profile)
, California |
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There are definitely not enough laws to protect Homeowners Associations from insurance companies, management companies, and the laws in particular regarding insurance are so stringent that it is next to impossible to get insurance.
The State needs to step in and help us.
Posted Jan 13 2005 8:59PM CET
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Username withheld
Burbank, California |
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I propose that the law allow the removal of directors by an affirmative vote of a majority of the total vote. This would
allow the unit owners to remove directors during a term.
I propose a change in the law to allow the winner in a legal fight of an owner and a board to recover attorneys' fees and costs so that the owner can afford to fight back legally against abuse.
Posted May 3 2004 7:08PM CEST
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Username withheld
, California |
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Re: Aren't the politicians suppose to represent the good for ALL the people? Seems we have legalized thievery going here
Ask and tell this of each of the legislators ....and publish your letters.
Homeowners are watching political talk and tracking their walk on the internet.
Each legislator on the Senate Housing & Community Developemt which is holding hearings on February 17, 2004 and Senator Thomas Oller's who is formulating a bill on foreclosures should hear from homeowners in homeowner associations..
Special interests and lobbyists using non-profits have been
• hi-jacking the legislative process
• monopolizing the hearings
• filing the government files with their twisted analysis
• flooding the media with their perspectives
Homeowners now have the internet to Write to each one of the legislators and Publish the letters so all voters can track the talk of each lawmaker with their walk.
Posted Feb 11 2004 1:42AM CET
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Username withheld
San Juan Capistrano, California |
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[1] How soon do you suppose we'll see any positive changes?
[2] As the battle ensues, do you suppose we'll see an excellerated process of foreclosures before the life destroying machine is disassembled?
[3] Why is it easier and faster for something like this fiasco to be pushed through, but, even with overwhelming evidence, almost takes an act of God to stop it?
[4] Aren't the politicians suppose to represent the good for ALL the people? Seems we have legalized thievery going here.
Posted Feb 10 2004 9:07AM CET
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Fran Williamson
Oceanside, California |
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Thank you Arnold Mcmahon! Your attendance and talk at the California Law Revision Commission meeting lifted my sagging spirits.
Living under the dictatorial private government in my CID can wear you down.
We simply must oust the CAI and the Associations and take back our rights as homeowners.
About the author
Aubrey McCarthy is the former Vice President and former President of Concerned Shareholders director of a not for profit Mutual Board in Lesure World, Southern California
Posted Feb 6 2004 8:35AM CET
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Aubrey McCarthy
(View Profile)
Seal Beach, California |
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I am curious on the comment about CC&R's being more restrictive. I am also a little confused by #2 at the bottom. Seeking out non-judicial means of resolving disputes was a disaster - That's how we got this foreclosure factory in the first place.
Who would responsible for making these non-judicial decisions on disputes and how would they be selected? The CAI has already proven to us that this kind of power in the hands of the unethical does not work.
Posted Feb 4 2004 1:05AM CET
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Mitch McDeere
(View Profile)
, California |
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This was an excellent, well-written, informative article. It sounds like common sense is starting to take hold and we may see some progress. Maybe knowing they don't have Davis to cover for them helped.
Just WHO told Rosenberry to keep WHAT lobby groups happy? If that is an accurate quote, someone needs to call for a Federal Investigation. Frankly, I don't care if the CAI supports a Homeowner Bill of Rights or not since they've never supported Homeowners in the first place.
Please let me know when the next hearing is, what progress is made, etc. I look forward to the day when we hold a bon-fire using the Davis-Stirling Act as kindling.
Posted Feb 4 2004 12:45AM CET
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Username withheld
, California |
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