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AHRC

A Letter      
A Hearing on Common Interest Bureau Proposal

March 9, 2005 at the Capitol Building in Sacramento, California

February 10, 2005

By Brian Hebert - California Law Revision Commission (View author info)



8. Where are the Homeowners?  
  WHERE IS "JOE HOMEOWNER" AT THIS TAXPAYER FUNDED CESSPOOL OF CID /HOA CONTAMINANTS, STATE ACTORS AND POLITICAL PROSTITUTES?

I am so sick and tired of the system in this country that makes believe that lawyers, lobbysists, and legislators are somehow important people?

The important people whose voices need to be heard on this matter are those whose only concern is to protect their American dream of homeownership and their life savings.





Posted Feb 28 2005 11:16PM CET
 
  Username withheld
, ot
 
7. I live in Nevada and there is no justice here! This is not an HOA this is HELL!  
  I live in Nevada and there is no justice here!

Don't use our laws as a template--the Ombudsman has no power, the commision is packed with CAI appointees.

My association of 315 homes has a Board that has been 'appointing' themselves to 'serve' for over 9 years of multiple terms even though it is required by law that they must be elected.

The Builders sold our common area but we are still required to pay for its maintenance.

The Board will not allow you to see the records—you are only allowed to buy a copy from their lawyer that has been edited to black out anything that they don't think you should know.

The cost of such copies is almost more than the dues you have to pay over a period of 4 years.

We only see the Board once a year at the annual meeting.

You are allowed to speak for up to three minutes before the meeting begins—you are not allowed to speak during the meetings or ask questions. The Board's lawyer is paid to attend the meetings. They have guards to remove any member who would speak out of turn or face arrest.

The homeowners petitioned the Board once to call a general meeting for the expressed purpose to remove the Board members and to arrange for new elections. The Board never even responded.

There were almost no restrictions when we bought the houses new, but this Board has twice rewritten the CC&Rs (despite vigorous opposition) to add restrictions on peoples property and added property use 'rules' regulating our neighborhood so tightly that you are not even allowed to have a party in your backyard without the Boards permission—let alone make any change to the property (like planting grass in your back yard).

The Board President personnaly chose the color of my next-door neighbor's house about 4 years ago. She moved and the new owner bought the house about 2 years ago but the Board's Lawyer is now citing him that the color is not an approved color and forcing him to repaint. The lawyer is a CAI lobbyist in Carson City (the State Capital).

The lawyer has cited over 100 houses in the association in the last month alone—including mine.

My entry gate on the side of the house was cited as in violation because it isn't a mesh gate—it was built that way as were all of the gates in the association houses, but the Board decided that any as-built features of the houses that didn't match the new standards that they keep making up were in violation and not 'grandfathered in'. Many of my neighbors have been cited for other modifications the original builders made to their properties over 12 years ago.

This is not an HOA this is HELL!
Posted Feb 27 2005 11:27PM CET
 
  Username withheld
, Nevada
 
6. Lisa Engel has put together a CAI panel of CAI foreclosure lawyers and their promoters in government offices  
  Lisa Engel has put together a CAI panel of CAI foreclosure lawyers, and government workers who use their offices to promote the CAI foreclosure industry

* Bill Weinberger (CLRC Chair) and myself.
* Nevada Senator Mike Schneider (author of bill creating Nevada's CID law enforcement agency) Nevadans report he's turned a CAI promoter
• Michael Buckley (Chair of Nevada law enforcement agency)- CAI
• Someone from California Department of Consumer Affairs (not confirmed)
• Tom Pool from Cal. Dept of Real Estate CAI promoter in DRE
• Herschel Elkins, Asst. Attorney General
• Marjorie Murray, CID Homeowner Bill of Rights Coalition A recent Sacramento lobbyist - at various she calls herself lobbyist for various lobby groups (Signal Hill Housing, Congress of Seniors, AARP, Grey Panthers, and other lobby names she creates) - called AHRC for permission to present the Bills of Rights by homeowners on AHRC website at a CLRC meeting 4 years ago and called herself "Bill of Rights Coalition"
• Arnold McMahon, AHRC
• Curtis Sproul, CID attorney CAI lobbyist
• Sandy Bonato, CID attorney CAI - ECHO
• Dan Mulligan, CID attorney
• Skip Daum, CAI CAI
• Someone from CACM (unconfirmed) CAI
• Someone from ECHO (unconfirmed).CAI
Posted Feb 22 2005 6:34PM CET
 
  Username withheld
, California
 
5. I know that many people distrust CID lawyers, but it is important to hear their views on the CLRC proposal  
  Mary H. asked about who would be attending the hearing. I'm not in control of the hearing agenda, but I've been told that the following people will probably attend:

* Bill Weinberger (CLRC Chair) and myself.
* Nevada Senator Mike Schneider (author of bill creating Nevada's CID law enforcement agency)
• Michael Buckley (Chair of Nevada law enforcement agency)
• Someone from California Department of Consumer Affairs (not confirmed)
• Tom Pool from Cal. Dept of Real Estate
• Herschel Elkins, Asst. Attorney General
• Marjorie Murray, CID Homeowner Bill of Rights Coalition
• Arnold McMahon, AHRC
• Curtis Sproul, CID attorney
• Sandy Bonato, CID attorney
• Dan Mulligan, CID attorney
• Skip Daum, CAI
• Someone from CACM (unconfirmed)
• Someone from ECHO (unconfirmed).

About half of those people are from government and can comment on the practical aspects of running a state consumer service agency. The rest represent (1) the various interest groups (including AHRC) and (2) a few CID legal experts. I know that many people distrust CID lawyers, but it is important to hear their views on the CLRC proposal. The proposal includes some thorny legal issues and it is a lot better if we can get all of the problems aired thoroughly before a bill is introduced. Nobody wants an enforcement program that's tied down in litigation because it wasn't set up correctly.


Posted Feb 22 2005 5:57PM CET
 
  Brian Hebert
, California
 
4. Count me in to attend this very important "informal" meeting.  
  Count me in to attend this very important "informal" meeting.

Kate Davis, J.D., McGeorge Law School
HomeownersUnited.org

P.O. Box 246494, Sacramento 95824

916-383-3230
Posted Feb 21 2005 10:09PM CET
 
  Kate Davis (View Profile)
Sacramento, California
 
3. Looks like a CAI coming out party to me  
  Former homeowner rights crusader- turned industry apologist- Nevada Senator Mike Schneider, and his CIC Commission appointee and chairman, Attorney. Mike Buckley, CAI's former chief lobbyist, will be speaking to promote their Nevada as "innovator" hype which has become a CAI "incubator" for perfecting taxpayer funded command and control over Nevada homeowners.

Given the line-up, it looks like a CAI coming out party to me.
Posted Feb 20 2005 7:45PM CET
 
  Username withheld
Reno, Nevada
 
2. We have been hearing through the grapevine that the CLRC hearings panel consists of representatives from the HOA industry - CAI, ECHO, CACM, HOA lawyers, etc  
  Dear Mr. Brain Hebert,

Any word yet on who will be attending this hearing?

We have been hearing through the grapevine that it may include representatives from the HOA industry, CAI, ECHO, CACM, HOA lawyers, etc.

When you do figure it out - can you please post this information on AHRC? Many homeowners would like to know in advance who they will be up against so they can be prepared.

Thank you.

Mary H.
Posted Feb 20 2005 12:23AM CET
 
  Username withheld
, ot
 
1. Yet another HEARING? Just stop the madness Brian. You are wasting our taxes.  
  Give us homeowners a break. Why in the heck does the legislature have to complicate things the way they do. This isn't exactly rocket science, eh?

Just look at Nevada. It's no secret that the Ombudsman idea has been a bad idea.

Following is just ONE of the posts from a Nevada homeowner:
------------------------------------------------------------

Well you know about Nevada. The ombudsman can only explain our laws to us and not take any action against the Homeowner Associations.

We have this commission set up who, if you can get your complaint as far as them they can remove board members, audit books etc. etc. But getting anything to the commission and have them step in is impossible to say the least.

The association I live in has not even cleared the sidewalks after thest last 2 snowstorms. Our children have to walk in the streets or trudge through the snow to get to school. Many tree limbs have broken and are still laying on the ground.

Suffice it to say that I have written complaints according to the Nevada Statutes, have asked the Ombudsman to intervene and never heard anything back..

If California sets up an Ombudsman it better be clear exactly what he/she can do for homeowners.
Posted Jan 31 2005 5:58PM EST

Mary Kay Beasa (View Profile)
----------------------------------------------------------------

Just stop the madness Brian. You guys have been doing studies and having hearings for years on end.

You are wasting our taxes.
Posted Feb 20 2005 12:18AM CET
 
  Username withheld
, ot
 
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