|
|
An Article
|
|
Tell a friend foreclosures
Lets forward all the nasty headlines on lawless lawsuits in America's Homeowner Associations to Queen Elizabeth
October 21, 2006
By
Willowdean Vance
(View author info)
|
|
|
|
| |
Mr. Cole:
You must think that we are ignorant.
I live in a homeowners association in Sacramento,California and have lived her as an owner-occupant since 1980. I served two terms on the board of directors so I have had exposure to the inner workings of our assocaition.
Since 1999,i have been on the wrong end of our HOA since I have had been fined on numerous occasions for many trivial things such as "noise" and "unauthorized storage" violations.
My first "kangaroo court" trial was in 1999 when I had to appear before our board of directors and the HOA attorney,Bradley J. Epstein. I was accused of numerous violations and was there to try and plead my case only to hear the words, "we know you did it" or "we know your children did it" and basically was sentenced with fines at that time amounting to about $1100. Since that time I was subject to foreclosure not only for fines but the inflated HOA trustee and HOA attorney fees.
Here it is now 2006 and our board is again preparing to throw more alledged violations and fines at me and I heard this through a neighbor who recently attended a board meeting.
I live in the Madison Villa Estates HOA#1 and when I first moved in,the years prior to 1999 were good as problems were taken care of without the kangaroo court concept but after this current lawyer came in as our HOA attorney,Bradley Epstein,things went downhill.
I have one last thing to say,I am going to submit documents to the Sacramento office of the FBI and have them look for instances of possible illegal extortion via "special individual assessments" and other items. I have had it with this association and am not going to take it any longer !
Hopefully others will do the same.
James Fassett
Sacramento, California
Posted Oct 29 2006 6:16AM CET
|
| |
|
| |
James Fassett
Sacramento, California |
| |
|
|
| |
Re: Comment 1. The communities that turn over the fastest are those with Homeowner Associations by Joseph Cole, North Carolina
What a crock!
Apparently you have not been exposed to the abuses in the HOA governed community - or perhaps as an officer you are immune from fines, accountability for assessments, etc., etc.?
I would be open to a discussion on foreclosure as it related to regular assessments, if there was financial accountability and adequate financial reporting relating to the collection, need, and distribution of such funds. However, the ability to foreclose for assessments creates a different problem when combined with the ability to fine.
One party to a contract should never have the ability to unilaterally fine the other side. The ability to fine has been abused in conjunction with the ability to foreclose for assessments.
Were you aware of CAI's push to recharacterize assessment payments so that they first get applied to fines, collection fees, and attorney fees before being applied to assessments?
Do you understand that they typically have the right of the HOA to collect assigned to them in the course of the management agreement or representation? Is this revenue neutral for the HOA? Of course not.
Were you aware of CAI's ongoing attempts to prevent the federal Fair Debt Collection Practices Act from applying in the HOA context?
Why do you think that is? Do you think they are really interested in the "health" of an association or the ability to bilk its members out of the equity in their homes?
Also you have improperly assumed that the choice is either HOA's or real estate subject to no restrictions whatsoever. Cities and counties do have zoning, you know. The problem is the level of "private zoning" in some of these subdivisions.
Of course, similar organizations attempted to zone out people of different ethnicity, race, color, religion, etc. but those were finally declared unconstitutional. There are contract terms that are not enforceable and for good cause.
The CCRs are not bargained for nor are they reviewed for any type of compliance with the current state of the law or even public policy.
They were written primarily to benefit the developer up front and then the various vendors that feed off the association - not for the homeowner.
In your own subdivision, it appears that you only approve 4 Sherwin Williams paint colors.
Interesting - was anyone informed that purchasing of real estate was going to tie them to purchasing an unrelated product from a specific supplier?
Have you ever looked at any of the other restrictions before you realized that many of them were merely a pretext in the name of "aesthetics" but in reality served to ensure an unregulated monopoly for telecom, cable, gas, water, etc.?
Also, exactly what evidence do you have to prove that home values in HOAs are rising faster than homes not in HOAs?
That is certainly the claim made by many in the industry, but I have yet to see support for it.
Even if it were, that is no reason to mandate the creation of and mandatory participation in HOAs for homeowners who own property free and clear of any such beast like what they are trying to do in Texas.
I submit to you that having a private party capable of "fining" you unlimited amounts without any recourse and the ability to foreclose for trivial, disputed amounts as a result of the "priority of payment" scam is hardly a value preservation move.
Posted Oct 28 2006 7:37AM CEST
|
| |
|
| |
Bill Davis
, Texas |
| |
|
|
| |
Why should we have to make it our duty to warn Tony Blair or the British Country of HOA, in case the author does not realize this or don't know this:
HOA were actually developed in the Europe Theater and are a live and well over there for more than 50 years, they have stripped most Europeans of there rights and freedoms, these same HOA's and private investors have filtrated into this country via this vine.
Most of the CAI attorneys and the non-for profit homeowners association were modeled after these foreign HOA. The Judges, Lawyer's, our own Senator, Congressman, Federal as well as local Government representatives, who came up with this brainchild have lined there own pockets with bribes and kickbacks for over 40 years.
The corruption is at its highest level in this country and the President is not going to take away such a good cash cow. Like any of these politicians really care about the welfare of the people of this country anymore, that is rich.
It is the private investors that lobbied the HOA child to our US Senators Congressman, Judges and Lawyer's, and such to get approval, as indicated by the author, the HOA received a large grant to proceed with their fraud and land robberies here in this country. The law maker of this country knew exactly what they were getting in to, to them the HOA are big cash cows, and they have lined there pockets for more than 40 years, by robbing individuals of there hard earned money, retirement, people homes and properties.
This Country has been under siege by these HOA, and leaches for the past 45-50 years, over time this time span it has only has gotten worse.
I'm a victim of such an HOA and private non-for profit corporation; they are a live and well practicing their deception in Roy, Washington, under the pretenses that they are preserving land value.
I was injured and had to have spinal surgery, I have a plate with eight screws holding my cervical vertebrae in place, I lost most of my functions in my right arm which will never return back to normal again, all because of these so called fine and Christian HOA citizens, we suited the HOA and the members, however they got off scott free, because Pierce County Judges were bias and sided with the HOA lawyers and the HOA President (a Pierce County Sheriff Deputy) and members.
We lost our case, and so are out $55K in attorney fees, my spinal surgery cost $120K of which only 20% was covered by our health insurance, and we paid a grand total of $45K in medical bills before and after the surgery, my present medical condition will only get worse over time, but at least I'm still walking and not wheel chair bound yet. For 2 years, due to the injuries I was forced to ambulate on two forearm crutches, and I became bladder and bowl incontinent and was in constant pain.
Because of the sustained injuries, I lost my Accounting business, a loss of $45-55K a year. These same HOA members trespassed on our property at will and poisoned our pets on eight separate occasions, finally in February of this year, we were not able to save one of our precious pet, and so she succumbed to the poisoning, our total Vet bills amounted to more than $5K for trying to saving our precious pets. No one should have to live in such conditions and constant fear.
The President of this HOA is a Pierce County Deputy Sheriff, and he runs the street we live on, and the Rainier Vista Landowners Association (HOA) like a Gestapo regime, Hitler would have been proud of these HOA members and there president.
It is a cry when local government sides with these HOA, and you as the land owner has to pay double taxes on your property, one such taxes is being paid to the local counties you reside in, the other taxes in the form of HOA dues, for what you might ask, for the same things that your paying the county already, i.e. the responsibility of the county to repair roads etc.
If you're under the assumption that the local or the US government is going to come to your aid in with these matters, think again, there hands are to deep into the HOA pockets since they are all profiting from this fraud and deceiving plots.
Nothing is going to change, because the people of this country continue letting these states men and local agencies get away with these fraudulent activities.
Posted Oct 27 2006 8:04AM CEST
|
| |
|
| |
Mags Wittich
(View Profile)
Roy, Washington |
| |
|
|
| |
Joseph Cole of North Carolina wrote in a comment on this site:
Comment 1. The communities that turn over the fastest are those with Homeowner Associations
"It is a fact that in any given area of the nation, the communities that turn over the fastest are those with HOA's. The reason: We are a mobile society, people are transfered around the nation by their corporations 12 months a year. Those people seek attractive communities with well maintained homes that can be sold quickly,when the transferee is transfered again; usually in 2 to 5 years. Trashy yards and pooly maintained homes do not appel to a great majority of buyers."
Sir, I hate to burst your bubble, you are not as well educated in this matter as you think.
Statistics have shown that homes in an HOA have an overall lesser FMV than homes located outside of an HOA.
We have been trying to sell our home for the past three years its located within a Homeowner Association community.
Our home has been appraised at $520,000 and it's a beautiful custom home; however time and time again, as soon as potential buyers find out that they would be governed by an HOA they say no thank you, and run for the hills in a matter of speaking.
This trend is seen clear across the country, it is individuals as yourself who foster these monsters known as Homeowne Associations.
Posted Oct 24 2006 9:52PM CEST
|
| |
|
| |
Mags Wittich
(View Profile)
Roy, Washington |
| |
|
|
| |
Why should we have to make it our duty to warn Tony Blair or the British Country of HOA?
In case the author does not realize this or don't know this, HOA were actually developed in the Europe Theater and are alive and well over there for more than 50 years.
Yhey have stripped most Europeans of there rights and freedoms, these same HOA's and private investors have filtrated into this country via this vine.
Most of the CAI attorneys and the non-for profit homeowners association were modeled after these foreign HOA. The Judges, Lawyer's, our own Senator, Congressman, Federal as well as local Government representatives, who came up with this brainchild have lined there own pockets with bribes and kickbacks for over 40 years.
The corruption is at its highest level in this country and the President is not going to take away such a good cash cow.
Like any of these politicians really care about the welfare of the people of this country anymore, that is rich.
It is the private investors that lobbied the HOA child to our US Senators Congressman, Judges and Lawyer's, and such to get approval, as indicated by the author, the HOA received a large grant to proceed with their fraud and land robberies here in this country.
The law makers of this country knew exactly what they were getting in to, to them the HOA are big cash cows, and they have lined there pockets for more than 40 years, by robbing individuals of there hard earned money, retirement, people homes and properties.
This Country has been under siege by these HOA, and leaches for the past 45-50 years, over time this time span it has only has gotten worse.
I'm a victim of such an HOA and private non-for profit corporation.
They are alive and well practicing their deception in Roy, Washington, under the pretenses that they are preserving land value.
I was injured and had to have spinal surgery, I have a plate with eight screws holding my cervical vertebrae in place. I lost most of my functions in my right arm which will never return back to normal again, all because of these so called fine and Christian HOA citizens, we suited the HOA and the members, however they got off scott free, because Pierce County Judges were biased and sided with the Homeowner Association lawyers and the HOA President (a Pierce County Sheriff Deputy) and members.
We lost our case, and so are out $55K in attorney fees. My spinal surgery cost $120K of which only 20% was covered by our health insurance, and we paid a grand total of $45K in medical bills before and after the surgery, my present medical condition will only get worse over time, but at least I'm still walking and not wheel chair bound yet.
For 2 years, due to the injuries I was forced to ambulate on two forearm crutches, and I became bladder and bowl incontinent and was in constant pain.
Because of the sustained injuries, I lost my Accounting business, a loss of $45-55K a year. These same HOA members trespassed on our property at will and poisoned our pets on eight separate occasions, finally in February of this year, we were not able to save one of our precious pet, and so she succumbed to the poisoning, our total Vet bills amounted to more than $5K for trying to saving our precious pets. No one should have to live in such conditions and constant fear.
The President of this HOA is a Pierce County Deputy Sheriff, and he runs the street we live on, and the Rainier Vista Landowners Association (HOA) like a Gestapo regime, Hitler would have been proud of these HOA members and there president.
It is a cry when local government sides with these HOA, and you as the land owner has to pay double taxes on your property, one such taxes is being paid to the local counties you reside in, the other taxes in the form of HOA dues, for what you might ask, for the same things that your paying the county already, i.e. the responsibility of the county to repair roads etc.
If you're under the assumption that the local or the US government is going to come to your aid in with these matters, think again, there hands are to deep into the HOA pockets since they are all profiting from this fraud and deceiving plots.
Nothing is going to change, because the people of this country continue letting these states men and local agencies get away with these fraudulent activities.
Posted Oct 24 2006 9:39PM CEST
|
| |
|
| |
Mags Wittich
(View Profile)
Roy, Washington |
| |
|
|
| |
Dear Arshia Khurshid - Texas:
We viewed your testimoney before the Texas Intergovernmental Committee:
This poor women being harassed with 17 violations over a clothesline and rock garden, and a board that refuses to negotiate. They want to foreclose on her home. She told the Texas committee that she doesn't know what to do. "I will kill myself", and then breaks into tears.
See the last 5 minutes of the live video:
http://www.senate.state.tx.us/avarchive/ and click on Oct 2, 2006 Intergovernmental Relations.
See Link: I have a Story for you - Richard Craig
How right you are!
You and 55 million people were tricked into buying a share into America's homeowner association slaveyards that politicians, lawyers and judges gorge on.
Those scheming Texas lawmakers before whom you cried, live off your slavery. All pro-homeowner bills that come before the Texas government committees are killed by these lawmakers who sit on those committees specifically to protect the foreclosure industry.
Now even the Texas Bar Association has created a lobby committee with CAI foreclosure lawyers to lobby for laws that help them steal citizens life savings and homes under the guise of doing " maintenance dues collections and enforcing homeowner association board members rules".
The immigrants, seniors, and hard working families in California are being been robbed, tortured and terrorized in California courtrooms for the past thirty years, using the homeowner association laws that ex-governor Gray Davis and ex-lawmaker and Judge, Larry Stirling. wrote.
California homeowners have discovered that everyone in government - the governor, congressmen, insurance commissioner, insurance committees, housing committees, attorney general, district attorney, State Bar, Judicial Commission, assessors office, police chiefs, Real Estate Commission, the judges refuse to enforce laws that protect citizens who live in homeowner associations.
Buying a share is buying a share to be a slave to America's corrupt politicians, lawyers and judges.
The politicians who took over America enslaved and destroyed generations of blacks, Indians and Mexicans. Their behavior has not changed, only the targets of their behaviior. America's politicians are lying to the world and trapping immigrants and Americans into "homeowner associations" mass slave yards.
Polls show 16% trust in America's congressional leaders and millions of Americans are now part of the movement to expose and clean up America's government.
Posted Oct 23 2006 4:48PM CEST
|
| |
|
| |
Username withheld
, California |
| |
|
|
| |
Re: Comment 1. The communities that turn over the fastest are those with Homeowner Associations.
Pretty picture of pigs, trailer, and ten cars. In the history slavery was also accepeted by the similar reasoning.
The point is, the funds are being mismannaged, greedy, unqualified people are on the board practicing bullying, harrssment, & discrimination. The system does not work.
These board members, lawyers, managment companies should be punished for their wrong doing, but they won't be punished because the laws are already sold. On the other hand we do not have enough funds to punish them so why not abolish this unclear twisted CCRs.
The contract is not disclosed at the time of sales, nowhere it is told that the buying the home can make you bankrupt if you don't obey as a slave. The fine prints should be disclose at the time of shopping for a home.
Yes we are a mobile society, but in that case it should be renting not owning a house. Its clearly an illusion of buying a home.
Posted Oct 23 2006 5:34AM CEST
|
| |
|
| |
arshia khurshid
, Texas |
| |
|
|
| |
It is nothing more than common sense, that an HOA will have rules that one agrees to follow when a lot or home is purchased in such a community.
I am living in my forth CC&R community since 1988. I am an executive that had been transfered around. Chosing to live in a CC&R restricted community was a choice, no one twisted my arm. The whole aspect of a CC&R community is that there are Covenants, CONDITIONS and RESTRICTIONS under which one agrees to live, when the ink drys on the CONTRACT to purchase.
I suppose, if you want to live next to a home painted bright yellow or orange with purple trim; have a semi trailer truck parked next door;smell a pen fulll of pigs; be able to store 10 cars in your yard in various states of repair; then, an HOA goverened community is not for you.
On the other hand, if you view your home as the most major purchase that you will make in your life; an investment if you will. Then, an HOA is well suited for that. If you desire to have that investment remain stable in value; OR INCREASE, then an HOA is well suited for that. If you want as many prospective buyers possible to be interested in your home when it comes time to sell; then an HOA commnity is very suited for that.
It is a fact that in any given area of the nation, the communities that turn over the fastest are those with HOA's. The reason: We are a mobile society, people are transfered around the nation by their corporations 12 months a year. Those people seek attractive communities with well maintained homes that can be sold quickly,when the transferee is transfered again; usually in 2 to 5 years. Trashy yards and pooly maintained homes do not appel to a great majority of buyers.
If you are an owner of a home in an HOA and you don't pay the dues or assesments, you are causing your neighbors to carry your responsibility to help maintain your neighborhood; your a cheat.
The bottom line is that when one agrees to purchase within an HOA community it is a contract, a covenant, with your new neighbors and all contracts have conditions with which the signer agrees to abide by.
Joseph Cole
North Carolina
PROFILE: Resident of Southern Village in Chapel Hill; Vice President of the SV Homeowners Association;Web-Master of the Community Site; Interum Architectural Review Board Member.
Posted Oct 22 2006 3:02PM CEST
|
| |
|
| |
Joseph Cole
(View Profile)
, North Carolina |
| |
|
|
Return to 'Tell a friend foreclosures' |
Submit a comment
|
|
