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Re: Comment 6: Do you know that California and Nevada are different states with different laws? Does your attorney know this?
And what is your point? I have reason to believe that both California law and Nevada law are alike on this particular issue, namely that in both states foreclosure based on fines and penalties is prohibited.
If you have contrary information, please post it. If you do not, your statement above is not of any value. Maybe you are the attorney that inserted this questionable device in the proposed CC&Rs of Escondido Estates?
Posted May 22 2006 6:50AM CEST
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Robert Holloway
, Nevada |
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Do you know that California and Nevada are different states with different laws? Does your attorney know this?
Posted May 20 2006 9:02AM CEST
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Joe Swanson
, Nevada |
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A poster asked for additional information about the attorney who drafted the proposed new CC&Rs for Escondido Estates.
The attorney who wrote an intemperate defense of the proposed new CC&R's was William Wright of the law firm of Angius & Terry. I don't know for sure but I assume he was also the attorney who drafted the documents. I do know for sure that it was his law firm. I use the words "intemperate defense" of the documents because Mr. Wright threatened to sue my attorney for writing that the "Individual Special Assessments" was an attempt to "get around" state law which prohibits, in those situations of importance to my community, foreclosure based on fines and penalties.
But it seems that the words of my attorney were simply an obvious conclusion that most anyone would draw having read the proposed document.
Incidentally, the new documents did not get the required two-thirds majority needed for approval in an election on April 19th. This unusual device is something to watch out for in any proposed new CC&Rs.
It probably would not pass a court test but homeowners would have to go to some effort and expense to get it overturned if it is made a part of the CC&Rs.
Posted May 13 2006 10:06PM CEST
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Robert Holloway
, Nevada |
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I know exactly what you are talking about!
Talk about corruption... sleezy Homeowner Association attorneys to insurance companies to state agencies to judicial branches.
Where can the homeowner go for a GENUINE REDRESS?? Surely nowhere in this state! What about the Federal District Court? Any luck there?
I am working with KLAS TV newsteam to uncover & expose this corruption. Any one care to share their info. WE MUST BAND TOGETHER TO END ALL THIS... AND THE FIRST STEP IS EXPOSURE!!!
Posted May 1 2006 10:12PM CEST
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HomeOwner Adocate
, Nevada |
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Since you live in Nevada are you familiar with the fact that Las Vegas District Court, Judge Ron Parraguirre dismissed a lawsuit a homeowner filed, declaring CC&R's were not a contract.
This was then upheld by the Nevada Supreme Court which he is now on. He was rewarded along with 2 other judges dealing with this lawsuit, stating the CC&R's that said the community golf course could not be sold, was a typo. It should have read could or could not be sold.
This was Judge Mark Gibbons who is also now on the Nevada Supreme Court, also rewarded along with Douglas. Nancy Becker must be stopped from winning reelection.
Wish there was a way to disclose everything I have on all the crooked dealings here. Vegas is supposed to be crooked, and filled with fraud. No one cares.
Posted Apr 29 2006 11:34PM CEST
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Username withheld
, Nevada |
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Our association tried to foreclose on our home four times because of these "special individual assessments". If anyone thinks this is a joke, believe me, it's not. Our association tried to foreclose on our home four times because of these "special individual assessments". We didn't violate any CC&R's. We violated rules the management company MADE UP to collect "special individual assessments".
The Board sat by and listened to the management company tell them "lot 2601" is three months behind in their asssessments failing to mention they were fines not dues. The Board then said "we have no choice".
Only after thousands of dollars (upward of 20, a letter from a Senator and hundreds of hours of research did the management company stop this practice. Now, the Board swears it never happened.
The wording is still in our governing documents. I wonder how many other homeowners in this association have been or still are having their homes stolen by the management company.
Posted Apr 29 2006 2:07PM CEST
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Username withheld
Pittsburg, California |
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Can you publish the before and after of your CCRs and the name of the lawyer who did this?
Don't your CCRs require a vote of the members to make changes ? This is a major change and should require a vote of the members.
Posted Apr 29 2006 8:14AM CEST
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Username withheld
, California |
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