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It seems to me that there is a hidden paradigm here that everybody has maybe missed.
The WHOLE PURPOSE of the HOA violations imposed on the Lot Owners appears to be to put the victims in a position of needing to litigate in the crooked CIVIL COURTS controlled by the equally corrupt lawyers who are the HOA Counsel!
Laying in wait are hordes of jackal-jurists ready to sodomize the complaining victim with the gavel! The mistake, clearly, is indeed to TREAT these matters as CIVIL violations.
All the players --the Lawyers, BOD's, managers, and even committees-- cooperate in a succession of acts designed to MISPRISION the end results--ultimately FELONY GRAND THEFT FRAUD (settlements awarded including eqregious lawyer fees), and other wrongful ends.
So, the whole succession of acts I would think would qualify as FELONY CRIMINAL CONSPIRACY to FELONY MISPRISION of whatever FELONIES result from it all.
The D.A. and even the Feds may need to treat the matter as racketeering, but whatever it is, the whole thing has to go to FELONY CRIMINAL court, not the CIVIL FALLACY called COURT which is clearly more bound by the laws of equivocation than of validation!
Posted Jul 22 2007 10:29PM CEST
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Lee Lambert
(View Profile)
Victorville, California |
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Afterthought:
Forgot to mention, there are disgruntled homeowners within our association who've led a discontented membership to believe they intended to improve leadership, while instead doing a great deal more damage. By relentlessly sending letters, email, or posting sarcastic, insulting, disrespectful letters filled with accusation and litigious threats to everyone they can find an address for, and in the end turning on constituents, property values are injured and no one in their right mind wishes to live in these communities, not even them. At this point there is nobody on this planet who would take these most imminent problems seriously thanks to this type and their endless laundry list of trumped up or unreasonable complaints.
If this shoe fits, we know who you are. There are right and wrong ways to go about dealing with bad associations and politics, and feigning sanity to later convince everyone of the opposite and embarrass supporters isn't a sign of intelligence or wisdom. Little wonder nothing has been done about this problem being as the only people angry enough to stand out appear as with fringe psychosis, injuring efforts of those who take a less sophomoric approach.
I've seen this happen over and over in associations, a group of people frustrated and angry at their board and starting a campaign to elect someone new. Next thing, either this new person turns out worse than those they wish to displace, or they switch loyalty mid stream to serve their own needs. Never again will we be sucked into a vortex of reformism only to be deceived, threatened, or insulted and embarrassed.
Let's not pretend we don't know what I'm talking about, or that this isn't an additional problem to compound the more serious. The harder reformists attempt to better a bad situation, the more likely they turn out with deceptive motives in the backdrop. Rarely anymore does anyone honest, good, or decent step up to the plate for the sake of others, much less an entire community, and it's only a matter of time before they reveal themselves. They emptily threaten to sue an association costing it and themselves countless dollars, then ask donations for legal fees. When this doesn't work, they attempt to convince everyone else to sue and absorb fees they themselves can't afford, and when all else fails seek to hire any attorney clueless enough to take their case on contingency. Sometimes I'd wonder if these people actually live on the same planet as the rest of us.
Imagine this person expecting everyone owes gratitude on top of it. Boggles the mind and leaves to wonder if at times we weren't better off the way we were. With help like this, who needs enemies?
Another Dissatisfied Avalon CA, Hamilton Cove Resident
Posted Jun 21 2007 2:31AM CEST
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Username withheld
, California |
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Friends of mutual combat,
In the case of Hamilton Cove, the same group of bullies have had every intention of maintaining control over the Association board while whining about how thankless the job is. They gather proxies to distribute votes for candidates they hand pick from those who do not realize they are also participating in breaking corporate law along with their board in allowing them to vote these proxies for them without using secret ballot. These are the same people who have controlled votes in the city their properties are in by having them register to vote temporarily in counties in which they do not physically reside. In this way they also have more control over a sympathetic City Council to do their bidding. Their corruption knows no boundaries. One real estate business owner who sits on the board (as is often the case in many CID's) uses our community name and copyrighted logo as that of their own business claiming they obtained permission with no proof of this ever being the case. Either way nobody had any right to give a community copyrighted logo to them or anyone else in the first place, much less another business for profit!
What must happen is that people in each affected state, such as California or Arizona must build their own form of organization to lobby relief from their state, specifically to put more pressure on their elected Governor.
From my own experience, HOA developments evoke a type of resentment from various city entities, police in particular. It's difficult to get police to offer the same services to homes built on private property as they do those which are not despite being paid by the same taxes everyone pays to hire them. Cities not only expect these developments to maintain themselves, they also demand they protect themselves as well by pretending those hired off the streets to serve as unarmed security guards will do their jobs for them.
There are so many issues revolving around CID's that we must never give up fighting for our rights.
Another Dissatisfied Avalon CA, Hamilton Cove Resident
Posted Jun 19 2007 9:09PM CEST
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Username withheld
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Re:Comment 5: In case if it is true that these are only for profit businesses , it is felt that it is indirect loss of revenue to State in terms of taxes for which the matter needs to be reviewed by the concerned.It is the social obligtion to all concerned to pay taxes
You are paying for services through your assessments that are already not being 'legally' applied as extra property taxes, and now you actually feel that it is the 'social obligation' since the state's have mandated these developments exactly for that reason, to collect full property taxes without deductible credit, to now tax again the Associations?
The Associations are already 'over-taxed' in most instances in the form of 'property taxes' as 'improved land' though without for the most part any buildings or structures on them, other than pools and club houses, etc.
I cannot for the life of me understand this attitude and 'fear' that the state 'isn't getting enough revenue' when the state actually has 'extorted' revenue in these communities from the time of their inception. And they are so good and capable of using those sums for strictly the taxpayers welfare, aren't they?
In Phoenix, they use them to 'donate' to what they determine are 'worthy' organizations, or turn around earn interest on the excess revenue, and give part of it back through state or city 'grants' - just think of all the extra sales tax revenue they have been earning also with these 'sardine can' condos, and less than 50 foot lots.
And you are concerned about the state!!
Posted Jun 17 2007 11:30PM CEST
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Linda Gehring
Phoenix, Arizona |
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As an affected homeowner at Somerset-Paramount HOA at Paramount CA, In my opinion I would like to submit that I am also sailing the same wreck ship and with blessings is still sailing but i strongly feel it cannot sail for ever unless timely corrective steps are taken which for one reason or other are beyond control.
It is unfortunate that it appears that we have to bear with this in view of massive support the concerned have from all concerned. It is felt that CID living is best suited to the only for profit industry rather than in the interest of the Homeowners who live there.
Matter was referred to Attorney_General office PIU in length but had advised that after carefully evaluating letter we must decline involvement by this office. It states further that in case criminal activity is suspected such as theft, fraud and embezzlement on the part of BOD or officers etc,please contact local D.A. office. Discretionary authority to Local elected prosecutor in filing criminal actions rests with them as per California laws and Attorney General office is not prepared to supersede the local agency.
Moreover as per my understanding existing laws have not been able to address basic issues faced in CID living viz election/proxy/nomination without written consent,liens and reserve fund operation and no meaningful mandated penalty for associations noncompliance of statute and CC&R
Moreover in view of civil nature ,GOVT agencies have also not able to regulate HOA for one reason or other.
There is no cost effective way for an owner to enforce a penalty against the association that acts unlawfully if any-whereas HOA are protected against liability insurance as shield.
As i am given to understand that HOA are for mutual benefit non-profit corp but are otherwise as business entity as i feel.
In case if it is true that these are only for profit businesses , it is felt that it is indirect loss of revenue to State in terms of taxes for which the matter needs to be reviewed by the concerned. It is the social obligation to all concerned to pay taxes.
It may be added that issues in CID have become so complex and it appears that that damage has become beyond repairs for which buying and selling in my opinion in glooming market has become hard for which concerned Homeowners had to pay the price on this account. All out efforts may made by our Honorable lawmakers to ensure to check this evil if they feel it exists.
It has also fiscal impact for the growth of cost-effective living and its infrastructure jobs revenues etc for which it is strongly felt that the matter needs immediate attention by the State/Attorney -General/IRS and FTB local cities officials if deem fit.
However It is expressed with deep sense of gratitude to AHRC web and diligent and dedicated staff to assist affected Homeowners in sending the messages to all concerned loud and clear and I am sure these efforts shall bring fruit someday to be read in the context and wish them all the best.
With best wishes,
Ravi Kapoor
Paramount California
Posted Jun 17 2007 9:46PM CEST
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Ravi Kapoor
(View Profile)
Paramount, California |
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As a follow up as this poster also has his degree....it was the lawyers who formulated these documents with the cities and developers, and for whom this 'blame' belongs. They are unconstitutional and not disclosed and losing value each and every day, as you cannot 'regulate' and micro-manage people's personal lives and property without consequence. There is a man on death row in Arizona for just such an unconstitutional violation, and as I said, until the States begin to have to take responsibility for their actions, will be more violence - the 'leaders' so publicly concerned with the crime statistics and 'quality of life' in their states created this disaster, and until they are held accountable and this 'mandated' housing seen for what it is....nothing, again, will change.
Posted Jun 16 2007 6:16AM CEST
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Linda Gehring
Phoenix, Arizona |
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This writer also has posted that he has his 'J.D.', so would assume with respect to the following:
And there is nothing in Davis Stirling or any other California law which limits the Association's power to adopt rules and regulations affecting use, public expression, occupancy or behavior in separately, privately owned units within the CID. So for all practical purposes, Associations like Hamilton Cove have carte blanche to abuse its members with impunity, and the lawyers who run our Association know it.
No contract without your express consent can remove your 'right' to 'public express' (freedom of speech), nor other than what are in the actual 'deed restriction' or condominium documents, unless that 'right' is given to the Board, inflict further 'use' restrictions on privately owned property - the common area, yes, but not individual units. (although I still maintain that it is the 'abridgement' of private property ownership rights, in 'allowing' these types of properties to exist at all, such as condos (of which many are actually just 'apartment conversions') which are no more than 'buying space.' They are developer created nightmares for the developer and state to build cheaply constructed housing, and collect massive profit and tax revenue, that is all.
And until people start waking up to the reality that any 'contract' other than your 'purchase contract' with any lien or authority over your property given to any 'corporate' entity is no more than communism and dump these properties....they are not 'affordable' housing....they are nightmares and 'communal' living, 'communism,' in your day to day life and property ownership - as I said, no wonder there is so much strife and violence in these communities.
Posted Jun 16 2007 6:09AM CEST
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Linda Gehring
Phoenix, Arizona |
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I've posted several articles that should assist...especially the ones on the Constitution and constitutional law. I believe there is a FBI office in either Los Angeles or San Francisco. You can obtain a list since these are 'public' records of the other members of your Association through the county assesor's office. And with respect to the Hobbs Act or RICO, there doesn't need to be a 'sanction' attached to the law...if it is private property owner protective and they are violating it costing you more money or loss of 'intangible' property rights, they are in violation of the Hobbs Act.
As I continue to maintain, these 'communities' are unconstitutional on their face, and until owners start to assert and challenge their validity, nothing will change, and again, there will be more violence in those that do understand 'the law of the land.'
Posted Jun 16 2007 6:00AM CEST
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Linda Gehring
Phoenix, Arizona |
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Brockway Springs at Lake Tahoe is pretty much in the same boat - the current president simply ignors Davis-Stirling, the attorney supports him and the owners are looking at a roughly $85,000 per unit assessment for defered mainetneance while paying one of the highest annual assessments in the state (the reserve fund has a negative balance)
And there is pretty much nothing that can be done
I am tryng to organize a steering committee of owners to at least document and address the issues.
Larry Nebel
Posted Jun 15 2007 8:13PM CEST
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Larry Nebel
Pleasanton, California |
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