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An Article
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AN UNJUST JUSTICE SYSTEM
Homeowners in Homeowner Associations Face Daunting Odds
March 28, 2005
By
Peter Amherst
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I was just going to write everything you said but you beat me to it!
Posted Nov 2 2006 4:57AM CET
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Username withheld
Phoenix, Arizona |
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Recognition is the first step toward change. I read the article and found some of my own thoughts reflected. You answered my question of how we could reign in the lawyers.
I agree with your suggestion and it would nicely fit in with my concept for change in the judiciary system. On my own web site "homeownerspower.com" which I, as a computer illiterate, finally got up and running, there is a page called "JUSTICE DENIED".
This page reflects my analyzes of the judiciary system based upon my own experiences (nightmares) and an idea with a formula representing a possible solution. It is my believe, that the judiciary must be independent from any allegiance to politics and the lawyers, if "Justice" is to be served upon "ALL", and in "Equality".
Posted Jul 17 2005 10:26AM CEST
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Doreece Hadorn
Tucson, Arizona |
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Peter Amherst wrote, As the wag observed, "You get as much justice as you can afford".
Actually, the late Johhny Cochrane said, "The color of justice is green".
Posted Apr 4 2005 4:23PM CEST
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George Staropoli
(View Profile)
scottsdale, Arizona |
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ITS ABOUT NO RESPECT...
You look at what is going on in this country and it boils down to lack of respect. We have no respect for government, our history, our political system. The "bundle of rights" that used to come with home ownership. We expect politics to cure everything but refuse to make changes and keep sending the same professionals back to office.
When in doubt blame the President, the Govenor, the Senator and when that does not work lets try the teacher, preacher, cops, mayor, parents, doctor or shrink. It is the fault of poor parenting or dysfunctional surroundings or poor neighborhoods. What is left for the HOA's to blame things on?
When you get up tomorrow and look in the mirror you see the problem in front of you....or like Ben Franklin said "I have met the enemy and it is me."
We have lost respect for ourselves and in the process we have lost respect for each other.
Neighborhoods used to belong to the people....not committee's. Not Board's. Not several people deciding what is best for everyone but each deciding together. No lawyers, no wasting the court systems time. People dealing with people. Until respect is restored a community at a time the problem will continue to grow.
God was a genius..."love thy neighbor..." he must have known the reality was even more difficult than projected because of the creation of HOA's....
People don't want to be bothered...not being bothered is allowing problems like this to exist. Make a difference and support and respect a neighbor. Things will change because amazing things happen when amazing things are done.
Posted Mar 30 2005 7:40PM CEST
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mac silver
Plano, Texas |
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Comment 1. Society would have to up rise against this system and change laws to permit others to serve as judges
To further clarify my earlier comment # 1:
It is my belief that in clarifying the entire Code of Law lies the restructuring of the law. The regular layperson does not have the training to fully interpret the law, cite references, precedents, etc. The tort system of law is a complex mechanism that requires formal and extensive training. By the way, the same fashion of wording is clearly represented, at least by what I can tell from Florida, in the electoral ballot referendums. For example, the composition of a double negative in many instances only favors the subject of the referendum (i.e. "no" means "yes" and vice versa). That is why lawyers write legal documents, even on ballots; however, I digress.
The perfect example lies in the fact that throughout our nation's history we have seen barristers evolve from "regular lawyers" to attorneys who "specialize" in some form of law or another (i.e. condo law, real estate law, divorce law, etc)
Coincidentally, while leaning to some level of deregulation, Florida recently passed a cap on lawyer fees, allowing plaintiffs to keep more of their court awards. While there is an inherent economic value associated with the level of work that a lawyer performs, in many instances this value is skewed by the fact that only a lawyer may perform that specific task. My intent is not just limited to judges' dependency on campaign contributions but an overall socio-economic reference point to the implications of the current situation. In other words, as one of my business law professors put it, "the law is made for those who have 'economic' access to it".
At the end of the day, we become slaves to our own creation; hence the biblical scripture of "the law was made for man, and man was not made for the law" comes to mind. Lawsuits have become so commonplace in our society that everything can be resolved with a lawsuit.
So yes, I agree that the "abuse" happens on different levels in our judicial system "way too much".
Posted Mar 30 2005 7:52AM CEST
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Username withheld
Miami, Florida |
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I agree. This society is out of control with the litigation and lawsuits and the CONTROL of the ONE over many.
Oppression and abuse of the people by these lawyers and judges are creating anger, violence and "back alley justice".
Posted Mar 29 2005 9:18AM CEST
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Username withheld
Iskand Lake, Illinois |
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This "faulty" system is not only in HOA suits, as I am sure you are aware. I have seen counties, towns and government agencies prey on their citizens.
I have seen officers of the law lie so that they "win" the case and collect the fines, etc.
I have seen "normal" justice put on the back burner as they "go out of their way" to "get someone". This is appalling to me, as a bystander, to see and witness. I want to yell, where is your common sense....what happened to logic, why are you doing that, is there really justice anymore?
I don't think this happens 100% of the time, but it happens way too often for my taste!
Posted Mar 28 2005 5:13PM CEST
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Username withheld
, Virginia |
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While I agree with the writer on permitting others to serve as judges, a deeper analysis would show that the core problem stems from the "letter of the law" itself.
Laws are made by lawyers and for other non-lawyers to serve, as judges without taking into consideration the complete redesign of the "letter of the law" would be detrimental to the system. To decipher the verbiage of the law, the translator must be schooled to do so.
In order for such a reform to be permitted would infer an unequivocal social reform. In other words, very similar to other scenarios throughout history, the social strife that many now face, as a result of this socio-economic system, society would have to up rise against this system. Society would then impose the reform since the probability of relinquishment of power, by those who hold it, is unfathomable and unlikely.
The root of this social problem is based on money, hence the qualification, "money is the root of all evil". While I applaud the concept of much needed reform, the success of such a reform is dependent on the changing our social view of money. Much how history repeats itself we, as a nation, must see the cyclical patterns and forecast the trends that would lead to this much needed reform.
In our modern day state, we are seeing that our forefathers' concepts of founding a nation based on capitalism and democracy are turning into nothing but a feudal system, where the warlords who control everything are those who control money while the rest of society suffers without it.
When our society gets to the point that it has had enough, then can the social reforms begin, until then they will not.
Posted Mar 28 2005 4:38PM CEST
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Username withheld
Miami, Florida |
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