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Dr. Chalupowski and viewers,
I have read your article (3) times now for many reasons. I find comfort in knowing I'm not alone. I'm in Chicago IL and going through the exact same thing as the Tuck Point couple. I could easily swap my name in for the Tuck Point couple throughout the article and it would be completely accurate.
I'm at the point where I luckily have the $20K my Board is demanding and has won in an eviction trial. I'll pay it to keep my unit. But, what to do next is my current dilemma. How can I recoup my losses? What angle? Anyone with any ideas out there?
Posted Nov 18 2005 6:51PM CET
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lisa sorrentino
(View Profile)
forest park, Illinois |
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Dr. Chalupowski,
Your article is outstanding in concisely describing the abuses and raketeering by lawyers to victimize condo owners for their own economic gain. I love your proposed solution! Let us fight to get LICO passed by Congress! America has a glut of lawyers and many of them are invading our civil rights in order for their economic survival. During my many years living in Europe, the joke about Americans was how we were stupid enough to let this glut of lawyers become our parasites in all domaine of our lives.
As a Massachusetts native, I was horrified to find the case you related transpired in that state which had always been a much more enlightened state than Florida where I now find myself the victim of LICO and multiple counts. I unfortunately live in a condominium where the General Counsel is Becker & Poliakoff, very active in CAI, and very notorious for the absolute lack of integrity, self respect, pride and intelligence on the part of its members. B&P, along with two or three other lawyers and the DBPR, State Regulatory Agency are in bed together. B&P screams their control over the agency from the roofs of Florida, and one of its member is the Chairman of the Advisory Board. Vive l'Amerique and it democratic concepts!
When I have shown my friends from foreign countries what has happened to "the American Dream" they say America would be better put to have the Iraquis establish the "rule of law" than the lawyers raketeering with civil rights and dreams.
We need to fight back. Thank you for your excellent observations.
Posted Jun 29 2005 10:16PM CEST
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Marily Leviss
St. Petersburg, Florida |
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I was on the board before being removed with an illegal petition because I wanted to see the business documents and records, I mean I was the VP, elected two years in a row.
However, a scheme to defame me was started and lies removed me. Anyway in the mounds of paperwork I did manange to get, there are several lettesr from an Attorney - RICHARD FONG - that describe the steps the board needs to take in order to foreclose and take away the member's home. to paraphase:
1. get the issue into the minutes at ANY board meeting
2. mention past due fees
3. material violation of the contract
4. AND HE WILL TAKE CARE OF THE REST.
Review any and all documentation you may have or request it from the office, maybe we can get them at their own game.
I am working hard to stop them - criminal activities are abundant.
Thanks - keep up the fight.
Posted Jun 23 2005 9:12PM CEST
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Username withheld
Richmond, California |
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Margaret is an outstanding writer. Both in concise logical, informative order, and very entertaining. I read this entire novelette.
Patti Sousa
Carlsbad, California
Posted Jun 15 2005 12:25AM CEST
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Pat Sousa
(View Profile)
, California |
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Dear Long Beacher --
I am working on an article right now that puts my case in perspective. I hope to publish it tomorrow.
In the meantime, if you look at my letter to Riverside County Grand Jury, you will see a bit of what is being brought before them very soon.
I am having an attorney write a Demand Letter today for me to the attorneys, board, and management regarding the money they have stolen not only from me, but from the associatin as well.
CAI has no answer for these member attorneys, boards and management people; CAI is the fox guarding the hen house.
Posted May 11 2005 11:42PM CEST
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Sharon Stephens
(View Profile)
Cathedral City, California |
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It is true, in California there are certain codes and statues that are supposed to "protect us" -- however, there is not a place to go for any relief from unethical HOA collection attorneys who don't obey the law, codes and statues, or manipulate them to their own advantage knowing that most homeowner are ignorant of the law, and even their own CC&Rs.
I know of homeowners who have had their checks withheld, by management, and then started into non-judicial foreclosure. Or, people started into foreclosure over fines, something that is totally illegal.
And, in the courts, judges do not treat homeowners, particularly those in pro per, equally at all. I have seen it happen time and time again.
Until attorneys and the courts get ethical and stop abusing the system, we don't have much hope of being treated fairly.
What we need to start doing is making these attorneys, boards, judges, and management people accountable under Penal Code for their crimes against society.
WE need to insist that police and the District Attorney take these cases as fraud and RICO --no excuses, such as "they are civil not criminal"
It is not criminal to steal a person's home, to harass and extort money, and, to embezzle monies from the Reserves?
THESE ARE CRIMINAL CRIMES, and all are punishable by fines and inprisonment.
The Attorney General who is suppose to oversee these places, neglects continurally to do his job, so what shall we do about that. March on Sacramento?
Attorneys need to be a part of the solution if they want to have the respect of homeowners.
Posted May 11 2005 11:33PM CEST
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Sharon Stephens
(View Profile)
Cathedral City, California |
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I am responding to Sharon Stephen's comments regarding the "How to Steal....", article. Could AHRC make Sharon's case available again? I know only that a Homeowner Association dispute escalated into a restraining order.
It is easy to feel secure, believing that you know the rules and have faith that they will be enforced, and then to feel as though your whole world has been shaken because the very people who are supposed to be safeguarding your rights, seem to be stifling them and suffocating you out of your home.
As I mentioned, I do not know the details of Sharon's case, but perhaps she will maintain her resolve to not allow herself to be dubbed "crazy", if she hears of a few cases in California that have not gone this route.
A few years ago my board was ignoring the text in our C.C.&R's which assigned responsibility for balcony repairs to the HOA.
I believe that the management company had convinced the board that Civil Code Section 1354 absolved them of this responsibility. One of the owners was unable to close the sale of his property because his balcony was expected to be repaired as a requirement of the sale.
Having no luck with getting the board to act on the matter, the owner had the balcony repaired and sent the bill to the HOA, who refused payment of it. The owner sued the HOA for the repair.
Meanwhile, the board was busy with an attorney, attempting to change the C.C.&R's which assigned responsibilty for the repair to the HOA.
The outcome - the owner won his suit in court and was awarded the cost of the balcony repair plus the legal fees, and the board stopped it's efforts to change the C.C.&R's, having learned that this action would require 100% of the owners' creditors to agree. This happened in L.A. county.
I also saw recently that an Orange County woman was awarded nearly $60,000 on appeal because her board of directors refused to make the minutes available to her.
It sounds as though Sharon is the one who is being assailed by thugs and in the name of justice. Please refresh us concerning the facts of this case or direct us to a source for the details.
Justice must prevail for homeowners in this state!
Posted May 11 2005 6:45AM CEST
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Username withheld
Long Beach, California |
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Sorry payment plans are a bad example of why a condo cannot be stolen in California in the manner described in Dr. Chalupowski's article.
Aside from the fact that only the meeting with the board to request a payment plan is mandatory, if requested within a specified number of days, payment plans are a bad example, because the couple, in Dr. Chalupowski's article, was not in arrears, and the law required them to pay up and fight later.
The California Civil Code Section 1367.1 (a) stipulates that 30 days before an Homeowners Association can file a lien against a unit owner, the HOA must furnish cetain documentation by certified mail.
Section 1367.1 (a)(3)indicates that one of these documents must be a statement that the owner is not liable to pay the charges, interest and costs of collection, if it is determined that the assessment was paid on time.
Thirty days prior to applying a lien, the HOA must also provide an itemized statement of the charges owed by the owner, and the owner has the right to review the association's records to verify the debt.
However my impression of what happened in Dr. C.'s case is that the courts assigned financial liability to the owners, regardless of who was right, and even though they proved that they did not owe any dues, they were still required to pay those outrageous legal fees. CA Civil Code Section 1367.1 makes several provisions which protect us in California., and the main one in this case would be that we do not pay the legal fees, if we do not owe the HOA any money.
Posted May 11 2005 2:29AM CEST
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Username withheld
Long Beach, California |
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THANK YOU DOCTOR!
You are just what the doctor ordered.
I have been fighting for quite some time now to get our criminal attorneys and board members into a criminal case through the use of Penal Code law in California. So far, the police have refused to take a police report, even though the District Attorney sent me to them to make a report, most of the members of our City Administration is a part of CAI, including the mayor and his wife.
I have been labeled not only a "trouble maker" but "crazy" "dangerous" "unstable" and OH, so much more. Every board member has taken out a restraining order against me, all by lying for each other, and I have been libeled and demonized even in the newspapers.
So, I have filed through the District Attorney Fraud Unit, and we shall see what shall come of that.
And, of course filed a complaint with the California State Bar, but I don't have much hope of that going anywhere; its the old story of "birds of a feather..."
I too know all of the law that proves their criminal behavior, and I am convinced, until we can get them on RICO charges, and othere violations of Penal Code and Federal laws, we will continue to be fighting this battle.
So, that is where my goal is at the moment. I keep pounding away at it.
So far, my association has stolen more than $25,000 from me, for which I had to refinance my home, and another $40,000 from the association through illegal taking of monies from the Reserve Fund over a period of a year.
All too often, if people would just read their CC&Rs they would not be taken advantage of, but they don't, so they are.
Thank you again for your very succient description of the way it is in the world of homeowner association law.
Posted May 10 2005 8:57PM CEST
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Sharon Stephens
(View Profile)
Cathedral City, California |
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I am very sympathetic to your plight and pray for a just outcome to a deplorable situation.
This could not happen in California, because our Civil Codes make it mandatory that HOA Boards set up payment plans and could not ignore proof that the assessment had been paid.
Best of luck with the criminal suits - I am assuming that you are headed in that direction.
AHRC Request
Dear AHRC Member:
Can you provide the authority for the claim:
This could not happen in California, because our Civil Codes make it mandatory that HOA Boards set up payment plans and could not ignore proof that the assessment had been paid.
Thanks
AHRC Staff
Posted May 7 2005 2:00AM CEST
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Username withheld
Long Beach, California |
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