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Legislation
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California Homeowner Association Bills for 2005
Politicians continue to protect the State's booming litigation and foreclosure industry
February 22, 2005
By
Sandy Meyer
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There is a DELUGE of laws being submitted by legislatures, or being requested by the VICTIMS in the HOA/CID's. This appears to me to be a reflection of an old adage "all it takes is a LAW", when it comes to problem solving.
Problems begin and end with human behavior, the result of human thought (philosophy) and emotional reaction (human nature). They have to be adressed where they start. Most HOA members are a bunch of lazy, ignorant, knee-jerk driven, cheapskate fools who figure an HOA or CID is a club. You pay your "dues", and somebody else runs it; they expect a "freebie".somewhat more participation.
Most HOA members will not excercise the basic rights that better guarantee that they cannot be misgoverned by boards -- paying attention, and recalling errant boards!
If dilitance is bad in the case of representative government, it is worse in corporate government; you don't have any representation. Homeowners must excercise your ultimate authority -- FIRE them! For those cases where boards will even ignore a recall, we need to be prepared to bring them down with the existing corporate codes, or else bring civil action.
Before a LAW can "protect" us, there must be someone willing to enforce the laws, including we ourselves. Purportedly, our California State Attorney General will not ever prosecute, or never has prosecuted an HOA board, or any member thereof.
Do we need to have the CRIMINAL codes instead for protection, specifically the law concerning FACILITATION? In our association, repeated attempts have been made by the boards to pass restated CC&R's containing provision for foreclosure on unpaid liens for fines. Two versions were presented by Lawyers, one by homeowner committee/board authorship (lawyer in background). The committee purported to have added the laws in the CC7R's "for your [the homeowners'] convenience".
The fact is that they were added more to allow illicit revision, then restatement as CC&R's. When the legislature won't do their evil for them, they do it themselves. The act of authoring, then promoting, these travesties was and is to me, FACILITATION. What they are facilitating is abuse of process -- illicit conversion of the purpose of the law and legal process to commit EVIL. And the civil system best allows it, because it allows 51% "iffiness"--something other than beyond-reasonable-doubt.
This is more reason to put the entirety of the solution under CRIMINAL law in the Criminal Courts! I believe that the lawyers, CAI (to which the dirty HOA lawyers belong), and errant boards who retain them year after year, need to be indicted for facilitation as well as for RICO act violations, by the Federal Grand Jurys and the US Attorneys.
Then maybe we will solve what problems the State attorney generals will not even address! In addition, we need to prosecute under local DA authority those acts having local significance such as fraud and racketeering in local business matters, as they relate to business done with HOA's.
Our association, and I suspect, others have, has a murky lake that is largely maintained as such. Is it a dump for evidence, bodies, hazardous waste containers? There may be plenty of other good reasons to prosecute locally!
Posted May 15 2005 5:34PM CEST
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Lee Lambert
(View Profile)
Victorville, California |
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Trading Non-judicial foreclosure for liens is NOT the answer.
Maybe the attorneys can't steal your home for the equity, but the a $2,500 lien can soon add up to $25,000 in a few months, as it did with me, with interest and attorney fees, and still the homeowner loses if they can't pay the lien to begin with. Or if the lien is illegal, as it was with me because our association was suspended by the Secretary of State and could not do any business, of any sort, let alone put a lien on a person's home.
This "law" that allows for such things is not constitutional, and violates civil rights continually. What we need is a change in the law that requires homeowner associations, and attorneys to obey the laws of the State, and the United States.
Attorneys, boards, and management companies constantly use illegal tactics to bully and harass homeowners, particularly those that are poor and unable to hire an attorney.
If the government really cared, they would take action to protect the poor, elderly, and disabled and not allow for the constant breaking of the law.
Posted Mar 9 2005 6:08PM CET
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Sharon Stephens
(View Profile)
Cathedral City, California |
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Many of these homeowner protection bills need intense lobbying with the legislature AND with our "Governator."
Kate Davis, J.D.
HomeownersUnited.org
Sacramento, California
Posted Mar 4 2005 4:58AM CET
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Kate Davis
(View Profile)
Sacramento, California |
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We recall hearing that as well. But why is anybody surprised? Wasn't it Shakespeare who said "Hell is full of Lawyers"?
Our Homeowners Association is Hell.
Posted Mar 1 2005 5:05PM CET
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Username withheld
, ot |
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Re: Comment 2. Can you please submit the entire quote, article, citation from John Van de Kamp re: Southern California and fraud?
You could check this out with the source - John Van de Kamp - President - California Bar Association
Posted Feb 25 2005 10:52AM CET
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Username withheld
, California |
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Can you please submit the entire quote, article, citation from John Van de Kamp re Southern California and "fraud"?
Thanks.
Posted Feb 23 2005 10:33PM CET
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Username withheld
LOS ANGELES, California |
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"Southern California, the fraud capitol of the world" John Van de Kamp - former California Attorney General and current President of the California Bar Association
California has 200,000. lawyers. Many demand $250. - $600. an hour.
Californians will be moved under in no time by their greedy politicians and lawyers.
Posted Feb 23 2005 2:26PM CET
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Username withheld
, California |
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