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FIORE, RACOB, POWERS ....whew a piece of work that lawfirm!
I had a personal experience with them in the Sunnymead Ranch Association located in Moreno Valley.
The lies and coverup which the writer described is very familiar.
I too had submitted architectural plans for a small planter retainer wall after I purchased my home. To cut a long story short, the plans were supposedly never submitted according to the association.
When I produced my copies as proof that I did get approval, the lawyer then took me through hell citing various other issues including a new replacement of a perfectly good three car garage door, rear yard landscaping, fence repairs that were not needed, etc. On and on it went, one thing after another.
The final result was over $10,000 in their fees and association fines, then bankruptcy.
Finally I sold the house.If you are just the regular guy with out deep pockets, give up the fight or hire a crooked lawyer like the associations have, but you gotta get past the crooked judges.
AHRC gives a great format for venting.
The reality is that unless people stop thinking associations are a great thing, and allowing the government to create these entities and keep allowing these criminals to prey on homeowners for wanting to do home improvement projects, the homeonwers will never have peace of mind that the home he/she purchased is really theirs.
America, our government needs to get on top of the horrible issues with all HOME OWNERS ASSOCIATIONS.
Posted Jul 13 2006 7:53PM CEST
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Gwen Doss
MORENO VALLEY, California |
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It doesn't matter how closely a homeowner follows the rules of the HOA Constitution, or dots their I's or crosses their T's - if the HOA board of neighbors isn't doing the same thing the point is moot.
If you want to hold anybody accountable it would have to be with a litigator in a court of "law" and your house will be the collateral. Are you willing to take that risk?
Posted May 18 2006 5:33AM CEST
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Username withheld
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Mr. Griffith,
We followed the CC&Rs. We submitted all of the plans, pictures, and the application. The page where it asks for neighbors' signatures was returned with the comment "unknown" as our neighbors had not yet moved in. We were advised to do this by the management company.
After the neighbors moved in, we got their signatures. This was still during the 30-day period. Immediately, we walked it to the president's house. Do you know what he did with the signatures? He pocketed them. He did not tell the other Board members nor the Architectural committee members that he had obtained these signatures.
If you wonder why the HOA went after us, I believe there were several reasons.
1. This was a new Board and they didn't know what they were doing. Ours was the first home to come before them.
2. The President purchased his home for less than half of what we paid for our home. He could not afford to do the scope of improvements that we were proposing and I believe he was JEALOUS.
He believed he had power to be the big dog and make the more wealthy homeowners bow down to him.
3. We believe that our President had never had a position of power and wielded this power inappropriately.
4. We believe the president and board had never been involved in a lawsuit and did not understand the financial ramifications of taking legal action. We believe they were assured by the attorneys that they would fight us, we would roll over, and then would have to reimburse them for the attorney fees.
5. We believe this became a battle of wills between the Board and us rather than them really caring about the issues. Since the time of the lawsuit, they have allowed many others to have the improvements they denied to us. This became a personal attack.
And lastly, Mr. Griffith, in response to your letter when you stated that the Board was not obligated to affirm or deny until everything was in order (which it was), that is the reason I am so opposed to HOAs.
The Board is supposed to be there to represent us and to HELP us not to wield power and abuse us. Would it have been too much for them to have come over to talk to us and work with us instead of turning the attorneys on us?
Posted May 13 2006 8:47PM CEST
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Linda Simmons
(View Profile)
Signal Hill, California |
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We followed the CC&Rs to the "T" (all T's). Linda is out this evening, but if you would like she could comment further tomorrow.
I remain,
Sanford Simmons
PROFILE: My wife and I are involved in a MILLION DOLLAR lawsuit with our HOA. We have a trail date of Feb. 27th 2006. We forced the HOA to settle, instead of going to trail. We are off the train to HELL.
Posted May 13 2006 5:36AM CEST
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Sanford Simmons
(View Profile)
Signal Hill, California |
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Linda, on the surface, I do not understand why the Association would be suing you.
You indicated that you sent in the plans, with the Association having 30 days to respond. If they did not, then they failed on their end.
What is expected of you, is to abide by the covenants of the Association. These are, in effect, a contract you have with all other residents of the Association. While you did so, you no less expect the Association to honor the same contract. They apparently are not.
What we don't know, is whether or not you followed the requirements for approval to the 't'. Did you provide the necessary sketches, neighbor approval, etc... whatever was asked for? If you even failed in one of those requirements, the Board probably was not obligated to contact you for approval or disapproval UNTIL you met every single requirement.
Some Associations would probably be a little slack on this. I know as a Board member, although written plans, descriptions, sketches, etc... were required, very seldom did we even receive a sketch. We included in our approval letter what the requirements were to grant that approval since sketches were not provided.
Please do keep us informed.
Posted May 12 2006 11:12PM CEST
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Dean Griffith, Ex. HOA Board President
(View Profile)
Hermitage, Tennessee |
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