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AHRC

Press Release      
Elderly Face Retirement Nightmares in California Homeowners Association

Many losing homes and life savings to CAI collection lawyers' rackets

July 31, 2002

By AHRC News Services



Page # 1 2
19. Assemblywoman Bonnie Garcia has done nothing for these elderly in Desert Crest  
  It needs to be mentioned here that Assemblywoman Bonnie Garcia has done nothing for these elderly in Desert Crest, and still is doing nothing -- not even answering their phone calls and letters.

I recently met with Charles and Eva and still they get no help from the government.

We are thinking to hold another coalition meeting with Senator Ducheny, and ask Garcia to attend. However, she, nor any member of her office attended out last meeting, even though they were personally invited.
Posted Jan 29 2005 7:50PM CET
 
  Username withheld
, California
 
18. Elderly Face Retirement Nightmares in California Homeowners Association  
  Dear Mr. Wangler from sandiego.edu:

Judging by your comments it appears that you may not have graduated with a degree in CID/HOA housing. Your knowledge of the subject seems elementary at best, if not downright preschool level.

Full disclosure and choice can only be accomplished if the following conditions are met:

1. Every prospective HOA homebuyer MUST be provided with a full and complete copy of ALL applicable CID governing documents, including but not limited to the CCR's, ByLaws, applicable Civil and Corporate Codes, within days of placing a downpayment.

2. Every prospective HOA homebuyer MUST be given at minimum - 5 days to read those documents.

3. Every prospective HOA homebuyer MUST be required to initial every page of said documents and have signed and notarized that he has read and understood those documents with the caveat that the rules MAY change even before he has had a chance to move INTO his "home sweet home".

With regard to the comment about the freedom to "associate" - IF anyone were truly knowledgeable about the concept of CID/HOA housing they would know that Constitutional protections DO NOT APPLY to Americans living in HOA's.

Those living in San Diego should go ask Mr. Stirling - the "stirling" of the Davis-Stirling CID Code - if Constitutional protections apply in HOA's - after all, I believe he is a judge in the San Diego Superior Court. Who better to give you an answer?

Ima Burnin
Condohell, California

Posted Jan 30 2003 5:30AM CET
 
  Username withheld
, ot
 
17. Elderly Face Retirement Nightmares in California Homeowners Association  
  Mr. Wangler,

I have to ask, are you any relation to Margaret G. Wangler, the attorney with the Fiore law firm or is it just you Margaret?

Just curious, your comments sounded so, "CAI-ish."
Posted Jan 16 2003 2:54AM CET
 
  Username withheld
Fountain Valley, CA, California
 
16. There IS a solution to the entire HOA problem.  
  Those who feel that joining HOAs is optional are not in touch with the emerging housing structures in most of the country and particularly in California, Arizona, Texas and Florida.

Virtually no developments have been built in those states in the last decade where HOAs are not mandatory.

In earlier HOAs some residents agreed to a set of mild CC&Rs. But over time those CC&Rs became extremely restrictive and, in some cases, even punitive. Witness the huge number of non-judicial foreclosures occurring in those states. This happened without the consent of many, if not most, of the residents.

Moving is frequently not an option because residents will have liens on their homes that the associations refuse to remove. These are not the normal liens that come with membership in the associations. These are liens for a variety of issues that are separate from the maintenance of the associations and, in many cases, were improper in the first place.

Yet there IS a solution to the entire HOA problem.

Change the controlling civil code so that in litigious situations regarding HOAs the code would read “Absent a finding of bad faith, each side will bear their own costs”.

And the cottage industry of HOA lawyers will dry up over night.

Posted Jan 15 2003 10:31PM CET
 
  john robino
, California
 
15. Let's sell Gray Davis on Egray.org  
  Your rights were sold at www.egray.org

Here's a thought, let's list Davis and sell him.
Posted Jan 11 2003 3:02AM CET
 
  Username withheld
Fountain Valley, CA, California
 
14. Elderly Face Retirement Nightmares in California Homeowners Association  
  In response to both your comments, no Mr. Wrangler, we are not dense.

Paying dues is not the issue. Dues being misused is, however, a problem.

As far as rules are concerned, every association needs rules, but when the rules cease to serve the association, when the rules act as nothing but a means for non-profit organizations to make money, we have a problem Mr. Wrangler and clearly it goes way beyond Houston.

In response to your move out comment, let me ask you this: If the Governor of the State of California did things that we unethical and illegal, would you "move out" of the state?

The elderly stand out because they have been targeted. Perhaps because they are easier to intimidate, have less money to hire lawyers or because their homes typically have lower outstanding mortgages - something that is attractive to the foreclosure gang for all the obvious reasons. I hardly call defending them "coddling" and frankly, your comments are disrespectful.

Shame on you.
Posted Jan 8 2003 9:45PM CET
 
  Username withheld
Fountain Valley, CA, California
 
13. Elderly Face Retirement Nightmares in California Homeowners Association  
  This is a very important article. I wrote AARP informiong them that many, many seniors on fixed income will fall prey to the HOA foreclosure axe, because assessments are not geared to incomes levels.

As seniors retire, or fall upon hard times with the death of the bread earner, the HOA gives no sympathy. The remain true to their "constitutional" objective of maintaining property values and "the homeowners are irrelevant", as one CAI attorney in Arizona was heard to say.

But, neither AARP, nor financial advisors nor your state agencies are pointing this out to home buyers. And with more and more mandatory HOAs, where are our senior citizens going to live?

This is a sad commentary on an supposedly enlightened society.
Posted Dec 7 2002 1:53AM CET
 
  George Staropoli (View Profile)
scottsdale, Arizona
 
12. Elderly Face Retirement Nightmares in California Homeowners Association  
  You don't have to join HOA's if you don't like them. In America, we have free association. If members won't pay dues, members get sued. It's as simple as that. If members have a problem with it, they can move, or, better yet, NOT JOIN IN THE FIRST PLACE.

Geez, are you people that dense? HOA's exist because many homeowners like them. Those that don't, and this includes the elderly, can live somewhere else. What happened to respecting the old? When did it turn into coddling? The rules apply to everyone.
Posted Dec 4 2002 7:20AM CET
 
  Joseph Wangler
, California
 
11. Elderly Face Retirement Nightmares in California Homeowners Association  
  Are you people completely dense? If you don't like living in an HOA, move out. They exist because most of the people in them like rules for their neighborhood. If you lived there before the HOA existed, you don't have to join. What's the problem here? HOA's need represetation like anyone else. If you don't like paying dues, live somewhere else. Age is not an excuse. The elderly are to be revered, not coddled like babies.

It's not a "foreclosure racket." It's free association. Deal with it.
Posted Dec 4 2002 7:08AM CET
 
  Username withheld
, California
 
10. Elderly Face Retirement Nightmares in California Homeowners Association  
  It is depicable that the very people we entrusted to protect us have served us up to the vultures. I want to see every crooked-legislator, rent-a-judge, foreclosure-factory-fronting-as-a-non-profit-organization and lobbyist prosecuted and incarcerated. Since they clearly think so little of our Constitution, let them live in an environment where THEY have no rights for a change.
Posted Oct 24 2002 10:12PM CEST
 
  Username withheld
Fountain Valley, CA, California
 
Page # 1 2
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