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An Editorial
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SPROUL ON THE PROWL! HOMEOWNERS BEWARE!
A response to Curt Sproul's published opinion "Don't weaken homeowners' associations"
August 12, 2005
By
Ann Roth
(View author info)
Copyright Ann Roth
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I don't have a problem with Homeowners Associations as long as their authority is limited to the public areas of the housing addition.
I did like the new title, "Don't weaken the HOA- Weaken the homeowner". This is all too true.
HOAs allow your neighbors to harrass you as well as the HOA itself.
Posted Aug 17 2005 5:45AM CEST
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James Smith
, Texas |
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The statement of "Ann's Responder" - below - is very sad for a country which propagates democracy and so called "FREEDOMS" around the world.
Unless you "GO ALONG" with the majority - the "sleeping, silent, little heard of obedient sheep" that do not do their homework, never read the CCR's, much less, would be able to comprehend the content of them, are totally ignorant of the responsibilities as an HOA home owner, you face brutal mental, emotional, physical and financial abuse for "DARING TO SPEAK- DARING TO ASSUME YOUR RESPONSIBILITIES - daring to act upon abuse and mismanagement, daring to ask for accountability and proof of expenditures, daring to seek to right that which is in violation of applicable laws and contract and will potentially damaging the investment of the membership, in short: " you dare to be a responsible, home owner.
It should be noted: board members with their collaborators in tow, appear to fill their pockets and move on to victimize the next association.
A sad statement for the US:
"I'm currently witholding my name because I live in fear, and have been under threat and assault for a very long time. I need to save my life and my home, and in the doing, save hundreds at Studio Village as well."
Something to think about:
FREE SPEECH:
THE FIRST AMENDMENT OF THE UNITED STATES GUARANTIES FREE SPEECH WHICH INCLUDES A "FIGHTING CLAUSE." IN AN OPINION CONCERNING THE "FIGHTING WORD" CLAUSE IN TREMINIELLO VS. CHICAGO, 337 U.S.1 (1949), JUSTICE DOUGLAS (SUPREME COURT OF THE UNITED STATES) WROTE THE FOLLOWING:
A FUNCTION OF FREE SPEECH UNDER OUR SYSTEM OF GOVERNMENT IS TO INVITE DISPUTE. IT MAY INDEED BEST SERVE ITS HIGH PURPOSE WHEN IT INDUCES A CONDITION OF UNREST, CREATES DISSATISFACTION WITH CONDITIONS AS THEY ARE, OR EVEN STIRS PEOPLE TO ANGER. SPEECH IS OFTEN PROVOCATIVE AND CHALLENGING.
IT MAY STRIKE AT PREJUDICES AND PRECONCEPTIONS AND HAVE PROFOUND UNSETTLING EFFECTS AS IT PRESSES FOR ACCEPTANCE OF AN IDEA..."
Posted Aug 16 2005 9:44PM CEST
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Doreece Hadorn
Tucson, Arizona |
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We noticed that Mr. Sprouwl said something about homeowners "signing" the ccrs. We purchased a home in a Homeowners Associiation and never once did we physically sign any CCR's. We apparently agreed to those controlling documents by default - and that is because we signed a real estate purchase contract.
In fact - one of the things that homeowner advocates have asked for is that the controlling documents - CCR's - actually BE signed AND notarized with the caveat that the homeowner 'has read and understood' them - and with a requirement that every page of the controlling documents be initialed.
Fine Mr. Sprouwl - you say homeowner associations need to be able to foreclose on homeowners. If that is what you want - then why not require that homeowners actually sign and have notarized the following very simple paragraph:
"By virtue of our purchase of this property - we understand that in the event that we become over 90 days delinquent on our homeowner association dues, we are aware of and agree that the homeowner association board has the power to non-judicially foreclose on our home, with or without our day in court, with or without our approval."
How about THAT for something to sign and agree to along with the controlling rules?
Sincerely,
P. Flamingo
Irvana, Caliphoney (aka Irvine, California)
Posted Aug 15 2005 6:57AM CEST
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Username withheld
, ot |
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Ann -
I read the article by attorney Sproul, and your very intelligent and revealing comments. I wonder if you would read the the articles about the fraud and corruption at Studio Village HOA.
If this interests you, would you please go to villagechatter.com and read all of the articles and comments related to the Board of Directors fraud.
It is my opinion, having experienced and investigated this fraud, that it can become a landmark case leading to better Homoenwer Association laws that protect association homeowners from corrupt Boards.
While there is already groing public outrage, and news coverage, of condo homeowners who lost their homes because of Board's abusing condo laws, the situation at Studio Village in Studio City, California presents a different scenario. As you'll read, this Board has engaged in an ongoing fraud, defrauding homeowners out of millions, and how the destruction of one particular condo is at the heart of the fraud. The evidence against this Board, and others involved, is overwhelming.
Help is needed to focus on what's going on at Studio Village, get the info to the news media and public, and then hold these corrupt people legally accountable for their actions. I believe that this is the case that can be a powerful legal stepping stone for scores of other defrauded association homeowners in need of similar resolution.
The villagechatter web site shares more info than I can share here. I'd like law enforcement involved, including the FBI HOA fraud division. After Sept 1, millions of dollars are slated to leave the pockets of innocent Studio Village homeowners.
After Sept 1, homeowners without the thousands of dollars to pay out the fraud based assessment are in danger of being foreclosed on.
After Sept 1, 48 homeowners will have their roofs torn away for at least 2+1/2 months - as well as having their air/heating removed and detroyed during that time. This is happening, just after Sept 1, in the middle of the summer and lasting through the rainy season. None of these 48 units, with over a hundred people and many pets, needs to be subjected to this treatment. It's only happening as part of the fraud being played out.
There are 343 units at Studio Village, and the innocent can be
saved - if this fraud is stopped before Sept 1. Even a court injunction would at least delay the Board's scheme while an investigation is launched by the FBI and law enforcement. Go to the web site, where so much evidence is there to read, and let me know if your voice' can help in any way. After Sept 1, the further damage done is beyond calculation at this time. However, logic dictates that it's easier to stop the transfer of millions, then to try and retrieve it.
I have sent you a private e-mail - on site - so you will have a way to reach me. A reply here is also appreciated. I'm currently witholding my name because I live in fear, and have been under threat and assault for a very long time. I need to save my life and my home, and in the doing, save hundreds at Studio Village as well.
Posted Aug 13 2005 4:02PM CEST
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Username withheld
, California |
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