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AHRC

Press Release      
Informational Hearing - California Homeowner Association Ombudsman

The Role of State Assistance and/or Oversight

February 18, 2005

By California Assembly Housing Committee



Page # 1 2
12. California Homeowner Associations are government protected CAI traps to rob homes  
  I live in California where laws a made by CAI lawyers and judges.

They conspire and bribe one another with homes and home equity they rob.

Racketeering happens from government offices and courtrooms of California.

Beware of homes in homeowner associations. They are CAI the traps that will leave you homeless.
Posted Feb 28 2005 4:46PM CET
 
  Username withheld
, California
 
11. I live in Nevada where laws are by CAI lawyers to line their pockets with equity stolen from innocent homeowners.  
  I live in Nevada and the 'the fix' is most definately NOT IN!

The laws are built by and for CAI lawyers to line their pockets with equity stolen from innocent homeowners.

Shame on you!
Posted Feb 28 2005 8:55AM CET
 
  Username withheld
, Nevada
 
10. The fix is in...  
  Michael Buckley:

Another fix was reserve studies, which originated through the CAI, where associations had to not only have reserve studies, but fund reserves. Most of the new homes in Nevada are located in common-interest communities, particularly in Clark County. We believe that Nevada is in the forefront of community association laws.

The Ombudsman is doing a tremendous job of educating and getting the word out. Currently the Real Estate Commission, Real Estate Division, Department of Business and Industry, has ultimate authority over associations. It licenses permit holders and certificate holders. As mentioned by Senator Schneider, it is recognized by the real estate industry that association management is a completely different profession than buying, selling, or leasing real estate, both commercial and residential.

The first proposal of this bill is to create the Commission for Common-Interest Communities. When NRS Chapter 116 was created, it was completely self-administered; there was no state agency, the Attorney General and the counties did not help, not even the Real Estate Division helped. The Ombudsman was the first state intervention in associations.

The Ombudsman is a person who tries to educate people and work out problems by getting both parties talking to each other. There are a number of theories behind the Commission:

• To obtain a prompt result from a state body that has authority.

• Not costly since the plaintiff in the proceeding is the Real Estate Division.

• Involve experts in the industry.

• Consistent rulings, with ADR and different arbitrators we currently get different results.

• Promote guidelines on operating associations the best way possible.

[Michael Buckley continued.] I will walk you through the bill.

While it is Senator Schneider's bill, we think it is our bill too, since we have spent so much time working on it.

It reflects a lot of the ideas of all the different facets of the industry from the association managers, the developers' attorneys, association attorneys, and the homeowners.

See: Mike Schneider Nevada's CAI Senator comes sell the CAI Government to Californians - He suppressed and oppressed Nevada Homeowners with three layers of government – the board of directors, the Ombudsman, and the Commission – all totally controlled by the CAI foreclosure lawyers
Posted Feb 23 2005 7:58PM CET
 
Images

Source: Nevada Real Estate Division

Photo - Courtesy of Kevin Ruth. The Nevada chapter of the Community Associations Institute recently named its 2004 board of directors. Kevin Ruth, president-elect.
Source: Nevada Real Estate Division Photo - Courtesy of Kevin Ruth. The Nevada chapter of the Community Associations Institute recently named its 2004 board of directors. Kevin Ruth, president-elect.
  Username withheld
Reno, Nevada
 
9. "...it was one of the first consumer protection laws that we had in Nevada."  
  MEETING OF THE ASSEMBLY COMMITTEE ON JUDICIARY
Seventy-Second Session May 14, 2003

Michael E. Buckley, Attorney, representing the Community Association Institute (CAI) Legislative Action Committee:

[Introduced himself and submitted Exhibit D and Exhibit E.]

I have been involved with this issue since 1991, when it first passed. Nevada Revised Statutes Chapter 116 actually began in the Assembly Committee on Judiciary; it was one of the first consumer protection laws that we had in Nevada.

It originated from a Uniform Act, which we reviewed and modified for Nevada. It has been back to the Legislature every session since the statute was adopted in 1991 with different tweaks and fixes to the law.

In 1993, we amended the provision regarding plats. In 1993 or 1995, the Community Association Institute(CAI) promoted ADR (alternate dispute resolution) for Homeowner Associations so that you wouldn't have to go to court if you had a dispute, but you could go through arbitration; in fact, you had to go through arbitration. The idea was to lessen the costs.

In 1997, as Senator Schneider indicated, the Ombudsman for Owners in Common-Interest Communities was created.

The Ombudsman is funded through a $3 per unit fee on every association in the state. One of the provisions in S.B. 100 will try to better capture and ensure that everyone is paying that fee.
Posted Feb 23 2005 7:01PM CET
 
Images

Man With a Plan
Man With a Plan
  Username withheld
Reno, Nevada
 
8. 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 7:45PM CET
 
  Username withheld
, California
 
7. 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.


Brian Herbert
California Law Revision Commission
Posted Feb 22 2005 7:30PM CET
 
  Username withheld
, California
 
6. 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 22 2005 1:07AM CET
 
  Username withheld
, California
 
5. Listen to the sounds of CID stakeholders being led to slaughter...  
  California homeowners are being led like sheep to slaughter by the CAI foreclosure lawyers.

Click the attached link to listen to the sounds of CID stakeholders being led to slaughter...
Posted Feb 22 2005 12:50AM CET
 
Submitted Files
Filename Description File Type File Size Click to download
sheep.wav Click to listen to the California homeowner association owners cries. RIFF (little-endian) data, WAVE audio, Microsoft PCM, 8 bit, mono 11025 Hz 93KB Download
  Username withheld
, California
 
4. Nevada CAI on California panel: Mike Buckley is chairman of the Nevada Common-Interest Community Commission (CICC) - a powerful and influential position  
  Mike Buckley is chairman of the Common-Interest Community Commission (CICC). a powerful and influential position.

Senator Schneider has said "The CICC is like the Supreme Court."

There is much more to all this, much of it of public record.
Posted Feb 22 2005 12:32AM CET
 
  Username withheld
, California
 
3. A panel of foreclosure attorneys should not be the informational panel informing California lawmakers  
  I agree with the previous two who have posted --- people who have a vested interest in foreclosing on homeowners, such as attorneys who "advise" Homeowner Aassociations should not be on this informational hearing panel for an enforcement ombudsman in California.

I believe strongly that deliquent Homeowner Association fee's must be collected with as low a cost as possible to the individual homeowner - which is just the opposite of what seems to happen in todays nightmare power-mad homeowner's associations!

I know, I was forced into foreclosure over a $400 bill, even though I had a repayment agreement which was approved by the board!

This has cost me thousands of dollars, killing a refinance I was doing on my home, which would have put me in good financial shape, and may have cost me some job prospects, as many do a credit check now before hiring.
Posted Feb 21 2005 6:30AM CET
 
  Dennis Faulkner (View Profile)
Lakeside, California
 
Page # 1 2
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