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A Letter
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Homeowner Associations lawyers and judges are making America homeless
HOAs are gaming fronts for these organized criminal racketeers
August 02, 2007
By
AHRC News Services
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Don't forget the title companies also when you sell....they are 'shills' for the property management companies and HOAs also, and whether you dispute the fees reported or not, will hold with the HOAs and the realtors go along, between there is a 'collusive' relationship through 'associated associations' the CAI attorneys 'represent' both the 'corporate entity' supposedly (in the fictional 'corporate personhood' as a 'person' although really 'property), and also are 'advisors' for the realtor associations in most states. And then, of course, title companies have their own attorneys.....so it really is the 'legal' industry which is the basic maffia in this property theft to begin with....with just the realtors, title agents, management concerns, Boards etc. their 'mouthpieces.' Since they are based on a 'legal agreement' it is the attorneys interpreting those 'legal agreements' and the bogus 'statutes' which they have written, so bottom line this is really ABA and legislative theft through the 'commercial' entities these corporate lawyers are also affiliated members. All because as inherent 'officers of the court' and members of the judiciary, there is no regulation on them as breaching the 'spearation of powers' and allowing them to both service in the legislatures, and also be paid lobbyists for commercial concerns.
Bottom line, the 'separation of powers' appears to only work one way in this country, since the legislatures take a 'hands off' policy in regulating or 'removing' those not in good behavior per their legislative functions, and instead allow a commercial trade affiliation to do so, the ABA.
No profession is as unregulated as the legal profession....not even doctors, although they are a 'monopoly' in our court system...also not as the founders intended. For criminal actions, yes....but not civil actions. This is why our courts are so bogged up to begin with, not to mention the 'Rules' of Civil Procedure which preclude 'justice' from even occuring in our courts, by and large, and are mostly 95 pages worth of garbage.
'Fact and law' will not return to our courts until the judicial/attorney collusion going on in them is continually exposed, and the court system overhauled back to it's Constitutional purposes....and until then, I recommend any homeowner finding themselves on the end of a lawsuit to DEMAND a jury trial as per your Constitution rights for any 'common law' civil action, even if the court 'Rules' or state statutes do not so allow, since 'law over rules' is legal doctrine, and the founders intended that in order for the Constitution to be preserved, 'trial by jury' in all actions a MUST as a government of 'we the people.'
And the provision is for any civil matter where the disputed amount is $20. And insofar as 'equity' cases where it involves the loss of 'quite enjoyment' of your property (life, liberty), before any permanent injunctions against your rights, confront the court and ask for a 'jury trial.' The 'Kelo' decision just may have to be re-examined if more people cried 'JURY' when they receive that Summons and Complaint.
Posted Aug 5 2007 3:10AM CEST
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Username withheld
Phoenix, Arizona |
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Is Mr. Kapoor a member of the CLRC? Do not understand quite what he is trying to say, other than 'laud' their praises, which have only resulted in additional property thefts in these communities....
Is he CAI, because most of his positions would seem to be the 'line' and they do tend to 'create' claimed advocates who are either fictious, or shills to use at the legislature as claimed 'homeowner advocates' so it appears they are 'listening' to homeowners.
Sorry, as I have maintained, sometimes the Constitutional breach is so great that 'fixing' them is not possible....and how much is it costing all taxpayers now in both the courts and legislatures...it's almost as if they created these monsters to justify their own existence, and that of their Bar members and political buddies.
Posted Aug 4 2007 7:25AM CEST
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Username withheld
Phoenix, Arizona |
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From: Google Alerts
Date: August 3, 2007 6:12:50 PM PDT
Subject: Google Alert - ahrc news services
Google News Alert for: ahrc news services
• Homeowner Associations lawyers and judges are making America homeless - AHRC News Services - San Juan Capistrano,CA,USA
By AHRC News Services Almost two decades ago homeowners who had purchased homes in California discovered that they had been trapped into homeowner ...
See all stories on this topic
Posted Aug 4 2007 2:32AM CEST
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Username withheld
, California |
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In my opinion, contrary to this poster, the only thing that will 'make a difference' is confront this 'tax and taking' scame for what it is.....not CLRC input.
Posted Aug 3 2007 8:42AM CEST
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Username withheld
Phoenix, Arizona |
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Is this comment for real?
Posted Aug 3 2007 8:35AM CEST
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Username withheld
Phoenix, Arizona |
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In response to my comment #1,pls note thru an oversight pls read "not " in para as " this may not bring immediate relief####" Moreover I sent recently letter to California Law revision commision in support of my views is reproducd below which i feel may be of some interest to the readers.
(Name and address with phone no deleted for personal reasons)
July 28, 2007
Honorable Mr. Brian Herbert
Re TR -H855
California Law revision Commission,
4000 Middlefield Rd room D-1
Palo Alto, CA 94303
Respected Mr. Brian Herbert,
Re TR _H855
As an affected Homeowner, I am writing this note in my personal capacity in response to H-855 and would like to congratulate CLRC for working in the improvement of CID laws and all out efforts are being made to Davis-Sterling act. However I strongly feel that in my opinion with due respect is not in the best interest of Homeowners, The Concerned People based upon the proposed final recommendations due for hearing on 09/21/2007 unless the subject is once again reviewed as mentioned.
However it is strongly felt that the under noted comments are submitted for your sympathetic review and active consideration. Sir you shall agree that you are doing a Herculean task for making CID laws more transparent as part of fiduciary duty to all concerned directly and indirectly involved in such living.
Moreover the existing laws have not been able to address basic issues viz elections, reserves, assessments regular and special, liens etc to name few and no meaningful mandated penalty for associations for non-compliance for one reason or other. The call of the time is COMPLAINCE AND ENFORCEMENT HAVE THE STATUES for which humble request is made to Honorable lawmakers to have corrective necessary steps in the interest of the Concerned People and PROTECT OUR HOMES AND EQUITY THAT VESTED INTERESTS HAVE MADE NON-PROFIT CORP TO ONLY FOR PROFIT ENTITIES WITHOUT HAVING ANY VESTED PERSONAL INTEREST AS I FEEL>
Sir you may also agree that such opportunity shall not come time and again to re-do once again .It lies with CLRC to make it a success and otherwise. That is why your Help is highly solicited.
Proposed Recommendations to the California legislature on a myriad of common interest development-related legislation, as I feel to include MEANINGFUL and EASILY ENFORCEABLE penalties against recalcitrant boards; fines and criminal liability statutes over agents, third party vendors, management companies and their personnel; titleholder protections against association, boards of directors, attorneys and agents of the association, and their use of owner personal information and identifying factors; financial Code statutes to prohibit any association from allowing or waiving the commingling of association bank accounts and assets of Homeowner if any. In case such cases occur, these may be dealt severely by the State to avoid any reoccurrences in the interest of the Concerned People.
It is strongly felt that as a caution to all concerned in case such cases arise to incorporate if deem fit that in case fraud, theft or embezzlement on part of the concerned, Attorney -General, District Attorney /FBI/IRS-FTB shall not hesitate in filing criminal actions if needed in the interest of communities.
In the absence of no cost-effective way for the affected owner to enforce a penalty against the concerned that acts unlawfully if any with the protection against liability insurance shield. And in view of so many complexities and restrictions in CID living, the very purpose of such living has been lost. For the growth of state and economy, CID living plays an important role as it has great impact on the State infrastructure and cannot be ignored as I feel.
Honorable Mr. Herbert may also consider that existing practices place automatic contingency on the purchase and sales directly or indirectly with extra financial burden in present real estate market and may have impact on living for one reason or other. I also feel it also has impact on the growth and economy of the state.
As an affected homeowner and to the best of my ability it is proposed to incorporate following changes to the recommendations if deem fit
§4900 Prospective managing agent
In addition to what has been stated
To provide schedule of rates for copying of documents/mailing cost per first class or hand-delivery viz purchase orders of vendors, minutes of meeting, resolutions copy for foreclosure/lien signed copies and not computer print -out copies. No retrieving charges/storage charges shall be applicable with the ANNUAL REPORT PACKAGE.
§4805 ANNUAL FINANCIAL STATEMENT
In addition to what has been mentioned to incorporate all spending towards reserve fund viz cost of replaced modification /date of installation of equipment, name and address of vendor with total cost and customer service reference for future reference.
May also mention if any Director is interested directly or indirectly in such vendor
§4810 MEMBER HAND BOOK
In addition to what has been stated it may be made mandatory for BOD to submit annual report duly signed for what has been done, what future jobs to be undertaken as form for budgeted expenses and how the finances shall be met with any other suggestions if any. Forming part of annual package.
§4905 TRUST FUND
In addition to what has been stated to incorporate if funds have used for temporary transfer of fund and for what purpose and how this have replenished. Break-up details as reserve added, interest accrued with other relevant details as necessary as part of annual package.
§RESEVE FUND
In addition to what has been mentioned, reserve study must incorporate details of equipment history date of installation, cost actual at the time of installation and expected future cost with relevant details, which are considered necessary.
This information is very necessary from IRS/FTB viewpoint towards establishing life expectancies and life of equipment. This shall also help in finding out early failure rate if any and future hidden unexpected costs.
§ ASSESSMENT
Present law for 20 % increase regular assessment and 5% increase without approval may be amended to once in THREE-YEAR TIME. In case additional assessment is needed may be need to be approved by the members accordingly.
However under no circumstances increase is affected without justification and comments from Board of Directors per resolution duly signed per good practices and to be used for the purpose it has been assessed.
In my opinion it is being done as a blanket provision of the existing laws.
§ ELECTION: PROXY FORM
In addition to what has been stated,
It is strongly felt that specimen prototype proxy form as per good practice may be documented per corporation code to be followed by all concerned to improve clarity and substance viz proxy vote, no vote and only for quorum suitably drafted AS A PART OF SIMLIFICATION AND CLARITY.
Honorable Mr. Herbert may also consider that existing practices place automatic contingency on the purchase and sales directly or indirectly with extra financial burden in present real estate market and may have impact on living for one reason or other. I also feel it also has impact on the growth and economy of the state.
Under the circumstances, it is strongly felt that if deem fit corrective steps may be taken at the earliest to ratify the existing laws for COMPLIANCE AND ENFORCEMENT of such laws with mandated penalties if needed along with state regulating agency such as FCC/FTC/Attorney General office with extra powers etc to be read in context.
As stated in the recommendations that the proposed law would authorize a civil action to enforce any provisions of the amended law WITH THE REQUEST TO REVIEW INCREASE OF PENALTY FROM $500.00 TO $1000.00 WHEREVER APPLICABLE. In my opinion with due respect the subject may be sympathetically reviewed and as a token of gesture may kindly be put forth to the Honorable review committees if deem fit.
Needless to mention that the issues are so complex that it is very difficult to refer in few lines. However I am sure efforts shall certainly MAKE THE DIFFERENCE.
I shall be very happy to have a few lines as a token in favor or against if deem fit.
With kindest regards,
Truly yours,
I would like to thank AHRC for extending all support.
With best wishes,
Ravi Kapoor
Paramount ,California
Posted Aug 3 2007 5:17AM CEST
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Ravi Kapoor
(View Profile)
Paramount, California |
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Thank u very much for this article. Based on the submissions in ahrc website ,it appears that in my opinion in view of civil nature of the subject , Govt entity refrain themselves from these issues. Moreover laws of the land also work in favor of the concerned in view of good faith judgments for one reason or the other.
As you may be aware that California law revision commission under TR-H855 is working on simplification and review of CID LAWS .It is strongly suggested if AHRC IN ASSOCIATION WITH LIKE MINDED HOMEOWNERS may put forth suggestions and comments to CLRC ON COLLECTIVE MANNER IF DEEM FIT with case studies about specific cases in public interest. Suggestions and comments about elections/reserve /20 /5%assessments along-with regulating agency for HOA for compliance and enforcement with as i feel penalties imposed upon for wrong doingings if any by the concerned may be focused if necessary.
More details and recommendations for CID REFORMS suggested by CLRC can be seen at www.clrc.ca.gov website and about public hearing which is due on 09/21/2007 on the tentative recommendations.
It is strongly felt as an affected homeowner that it is high time to put forth views and concerns at this opportunity with productive suggestions for all concerned and may be routed thru AHRC in the manner they may process accordingly as they may feel.
I am sure that CLRC shall do their best to look into the matter within their scope and jurisdiction as per my understanding.
It is felt that changes and recommendations as suggested may be helpful to review the laws and we all may join hands together in the efforts of CLRC and I trust this shall certainly MAKE A DIFFERENCE IN THE AFFAIRS OF HOA.
This may bring immediate relief but i am sure message may be heard by the concerned and shall be dealt in the best interest of all concerned someday.
I do not know if AHRC STAFF may agree with my views.
However I would like to thank them from the bottom of my heart for extending all help to send our message to the concerned within their scope.
With kindest regards,
Ravi Kapoor
Paramount ,California
Posted Aug 3 2007 1:22AM CEST
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Username withheld
Paramount, California |
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