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You should get your money back from your attorney. He could have filed a cease and decist order for the money that was paid....Ask him why he did not do this?
Is it time to contact the two lady senators and have them initiate federal laws to protect homeowners associations?
HELLO. WE ARE NOT GOING TO GET HELP AT THE STATE LEVEL, ARE WE?
Your comments are appreciated.
Posted Jul 13 2006 6:21AM CEST
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Username withheld
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Re: Comment: I would say your association has enough evidence of criminal behavior on Peters & Freedman to contact State and Federal authorities
We have gone to each level
Sheriff - nothing they can do - get an attorney
Attorney hired - unable to get Peters & Freedman to go to ARB
State Attorney General - "get an attorney"
State Assemblyman and Senator - "get an attorney" - go to ARB ...
Peters & Freedman has continued to refuse all options to go to ARB ...
All of the money, effort - and payments to an independent attorney and AAA ARB are down the tubes ...
Sheila Holm
Encinitas Village Homeowners Association
Encinitas, California
Posted Jul 4 2006 7:10AM CEST
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Username withheld
, California |
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I would say your association has enough evidence of criminal behavior to contact the Attorney General of the state of California and the same at the Federal level. It appears that California's Attorney General is sitting on his hands. He will be leaving office soon anyway.
I don't know if my suggestion is unique but I would contact the Sheriffs Dept there in Encinitas or at the closest substation and file a criminal complaint. They would be required to investigate and come to a ruling whether or not to turn over their findings to the District Attorney. Confine the complaint to just one very serious breach that you have paperwork to support and show/tell the investigator of the specific state law violated and breach of contract by Peters law firm.
So far it appears that you receive no help from any law enforcement agency so a local Sheriffs investigation could provide results. Like to hear from you if this has been tried.
Good Luck our prayers go with you.
Now may be the time also to contact our two very capable Senators and rally them to start legislation at the Federal level.
From what I read on this web site trying to get the California Assembly and Senate to pass meaningful legislation is like putting an escaped felon in charge of the collection box at your local church.
Thank You.
Posted Jul 4 2006 12:37AM CEST
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bob dudley
(View Profile)
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Great job- working together on the internet to protect America's homes and families!
Homeowners aware of such practices should publish their experiences , report it to the California Bar Assocaition, the American Bar Association, the State and Federal Justice departments, the IRS, the media, and put it into court filings of cases against these lawyers.
Comment 2. Rigging elections means millions in legal fees for lawyers like Peters & Freedman
Posted Apr 30 2006 6:55PM CEST
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Username withheld
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Peters & Freedman have refused to proceed with every request/option for arbitration, submitted by owners ... the year AFTER our successful RECALL (which took 7 months vs. being scheduled within 90 days) controlled/monitored by Peters & Freedman. Since we were successful, they held a new vote, per their separate instructions ...
Owners submitted invalid board notice to the insurance company, so the invalid board of Encinitas Village Homeowners Association terminated the insurance company and hired a new one - without notifying owners.
Board finally sent a letter, signed by all members, to submit to arbitraiton ... then, Peters & Freedman refused to proceed ...
An invalid, untimely Special Assessment ballot was issued ... they only received 41 of 71 responses, with 27 in their favor (which is their total of owner out of 71) - and since they did not receive a majority, they called it a victory - a quorum of a majority. Per our CC&R's we have to submit to arbitration within 10 days and follow rules of AAA arbitration. We did.
Then, Peters & Freedman fought jurisdiction ... after paying for 4 telephone conference hearings and filing fees - AAA decided "In the future - IF the two parties agree to submit to AAA prior to filing - AAA will hear the arbitration ...
Regards,
Sheila Holm
Posted Apr 30 2006 6:00PM CEST
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Username withheld
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Dear Shiela,
My condolences go out to you and your neighbors. I understand what you've been through, although not to your degree. Our HOA was more successful in recalling an old Board and implementing a new Board.
I'm not a lawyer, but you need a good one. Even though you already have one, make sure that they're aware of all the upcoming changes that are occurring in HOA law. I know of two good attorneys here in Orange County; Mike Perry in Laguna Beach and Kathy Rager in Irvine.
As far as new laws go, possibly the new election laws that take effect July 1, 2006 can help. I understand that you won the first election and then were un-seated. My only suggestion is that you try again. However, prior to the next election, make a request in writing to the Board via the management company. That request would be that the next election (held after July 1st) be monitored and held by an outside third party election organization. There is an election organization there in San Diego called T.I.E. (The Inspector of Elections). There are others also, but that's the only name I can remember.
After making the request in writing several months prior to the next election, then make it again verbally at a Board meeting. As part of the request, ask that it be recorded in the minutes that you are requesting an outside third party to monitor and hold your next election. The advantage to this is that if the next election is not held correctly, you can take the battle to Small Claims Court where no one can use an attorney. The fine is $500 per count of wrong doing found by the court.
I hope that this suggestion helps. Keep up the good fight.
Bill Mills
Service 1st Mediation & Ombudsman Services
Posted Apr 30 2006 7:15AM CEST
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Bill Mills
(View Profile)
San clemente, California |
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It's easy to understand why lawyers are a despised profession. God i hope a lawfirm like that never sinks their claws into our homeowners association.
Hopefully we live too far away from their hunting grounds.
Posted Apr 30 2006 5:29AM CEST
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Username withheld
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Palacio del Mar Homeowners Association, a 501(c)3 non-profit has been a front for a very profitable litigation business for Peters & Freedman.
The board members that Peters & Freedman kept in power have also profited.
A former president of Palacio, Tim Alman who worked closely with David Peters , sold his house at record profit and moved to Bryan Ranch Homeowners Association.
Alman now has employed Peters & Freedman to help him control Bryan Ranch Homeowners Association and the owners there are angry at the high dues and the illegal amendment to the CCRs that the Alman group recorded without the knowledge of fellow board members and many homeowners.
Illegal CCRs were recorded for Palacio del Mar Homeowners Assocaition and Desert Crest Homeowners Association ...and Peters & Freedman walked away with life savings,
Posted Apr 29 2006 6:02PM CEST
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Username withheld
, California |
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We are still being fully stopped by Peters & Freedman - this has been a continual, uphill, without merit - fight against the owners by Peters & Freedman,
An Encinitas Village homeowner
Encinitas, California
Posted Apr 29 2006 5:48PM CEST
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Username withheld
, California |
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