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Mark, you wrote:I live in a city of over 100,000, with 27,000 registered voters. Of the registered voters, only about 3,000 vote. Of those 3,000, many are unaware of the issues.hmmmmm... Sounds like you need to say or do something to get their attention. Let's see.... How about inviting a TV photographer to jog with you while you ruhn, almost naked (just wear a loin cloth, or sumthin so's the police won't get called), around your city carrying a sign that says, "REPEAL THE DAVIS STERLING ACT ... NOW"? Nobody will have the slightest idea, AT THE TIME, what you're talking about on your sign BUT you sure as heck will get their immediate attention! AND a LOT of questions about your sign!
J U S T K I D D I N G!!!
Seriously, tho, we all need to find some way to get our message out about the social and financial destructiveness of homeowners associations and common interest communities.
Do you have the time and money and facts with which to sue your HOA? If not, forming some sort of organization to politically work towards getting rid of HOAs in California?
What I'm trying to say (and probably doing it badly) is that you may be wasting your valuable time and energy trying to change or reform your own HOA. The "HOA Industry" cards are usually stacked against any homeowner (from the git-go) that tries to do that. And that stacking of HOA Industry cards against the HOA homeowner is getting worse and worse with every passing month. On a lighter note, the press and network television is not doing very well. Most politicos prefer to get their information over the internet. You can't blame them, they want the truth. True! So, maybe the place for you to start -- as you're doing right now -- is the internet, eh?I don't know exactly what happened in your case but would like to hear more about it. I wish I could tell everyone here on AHRC the facts and law about what happened, Mark, but as you already know, I can't -- at least not right now (I'd probably be put in jail if I did). As soon as I can, tho, which will probably be within the next few weeks, the first thing I intend to do is post two ALREADY PUBLIC documents. They're there, in the Cripple Creek, Colorado, courthouse but probably out-of-state folks can't afford to buy them. Even those who live in Colorado, but don't live in my area of Colorado, ie, within easy driving of the courthouse, haven't read them.
And therein lies my HOA lawsuit tale. All I need to do, after I can tell some particulars about that tale, is post all of the ALREADY PUBLIC briefs, etc, in my lawsuit against my HOA/CIC here on AHRC, take significant sections of them and post them separately in AHRC articles and press releases, and then answer any questions you guys here may have about any of it.
Please have patience with me about this, ok? There's absolutely nothing I can do about my particular situation right now, I promise you. But that particular situation will be coming to an end in a few weeks. THEN, and ONLY then, can I talk about anything. You'll understand why that is once you read what I post at that time.
Jan Jackson
Colorado HOA News
Posted Nov 20 2007 7:39AM CET
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Jan Jackson
Florissant, Colorado |
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Jan, I want to thank you for what you do, and your comments to me.
I live in a city of over 100,000, with 27,000 registered voters. Of the registered voters, only about 3,000 vote. Of those 3,000, many are unaware of the issues.
I do bitch and squeal about government not being conducted in the sunshine. I am angry that so much corruption exists. I have witnessed it first hand as having served three times in elected offices including City Council. Changing elected officials on a local level is difficult when some of them raise well over $100,000. to maintain a seat unopposed on a local city council. Imagine what it's like at the State level.
The thing to do is embarrass them although that is difficult. You won't get much help from the mainstream press.
On a lighter note, the press and network television is not doing very well. Most politicos prefer to get their information over the internet. You can't blame them, they want the truth.
Most HOA's were allowed to exist as a matter of greed, disengenous City Council members or boards of Supervisors, and as a result, we who thought we owned properties really don't. The boards own our properties and if you don't comply whith their unsubstantiated whims, unreasonable demands, you may find yourself homeless and without any equity returned you under the brutal Davis Sterling Act in California.
I don't know exactly what happened in your case but would like to hear more about it. Thanks for your comments,
Mark Schoenfeld
Posted Nov 19 2007 10:12AM CET
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Mark Schoenfeld
(View Profile)
Hawthorne, California |
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Mark, you wrote:"California claims to be the leader in many areas including conservation, environmental equality,refuse management,consumer rights, etc., perhaps they also lead in showing the remainder of the country how to violate homeowner's Constitutional rights to make a personal profit." California as always been the "first" to do many things. But over the past 20-30 years, or more, what California's "leaders" are doing is not only destroying the freedoms and liberties of the residents of it's own state, but they are a model for other states to do the same thing. And the vehicle by which they, and all of the rest of the "leaders" of other states, are doing that is state-mandated homeowners associations.
We here in Colorado are going to try to repeal our state-mandated HOA laws/statutes in 2008. Could you and all those thousands of beleaguered HOA homeowners in California maybe try to do the same thing (on your ballots for the 2008 elections)?
Jan Jackson
Colorado HOA News
Posted Nov 17 2007 7:31PM CET
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Jan Jackson
Florissant, Colorado |
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Ravi wrote:
"...it appears that for any questions and concerns in the affairs of respective HOA, WE THE HOMEOWNERS ARE LIABLE TO BE PENALIZED FOR ONE REASON OR OTHER." Yes, that seems to be the latest CAI tactic to shut all of us vocal HOA homeowners up.
Why are they doing such a terrible thing to innocent HOA homeowners? Because the CAI appears to be SCARED TO DEATH that we're going to destroy their power-and-money empire! And ALL VOCAL HOA HOMEOWNERS ARE DOING EXACTLY THAT through publicizing factual information about the CAI, and the "HOA Industry" in general, every single day! :-)
Hang in there, Ravi! Methinks we're on the home stretch!
Jan Jackson
Colorado HOA News
Posted Nov 17 2007 6:48PM CET
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Jan Jackson
Florissant, Colorado |
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Hi Ron,
Thank you again for you offer to help repeal CCIOA, our state's HOA laws/statutes!
Sounds like bumper stickers would be a GREAT START in getting the word out to "REPEAL CCIOA" to homeowners all over the state! Who would I contact to get some initial ones made up? I could, initially, send one or more to every HOA homeowner leader in every HOA in the state! They, in turn, could have more made up as they needed them!
Whacha think?
Jan Jackson
Colorado HOA News
Posted Nov 17 2007 6:07PM CET
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Jan Jackson
Florissant, Colorado |
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Jan,
I wrote you a couple weeks in support of your trials and tribulations with your HOA situation.
I live in Castle Rock,CO Douglas County, and am willing to help with the seeking of signatures for a petition. You are one brave person! Let me know what I can help with.
PS. How about starting with some bumper stickers. AHRC.com
Ron
Posted Nov 17 2007 2:51AM CET
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Ronald Wilson
(View Profile)
Castle Rock, Colorado |
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I don't know the specifics of Jan's case, but I can only visualize the worst of violations of her Equal Protection and Due Process rights guaranteed to all citizens of all states under the 14th Amendment.
California has it's Davis Sterling Act which in essence allows HOA Boards to assume the responsibility as defacto government elected officers with even more protection than a truly elected City or County elected officials.
As developers became more and more greedy to build high density housing, it became increasingly aware to local government that to even entertain such development, a need existed to transfer the responsibility of infrastructure to developments. Without considering the CEQA considerations, (California Environmental Quality Act), government in California gave HOA directors more rights to take than has ever been recognized under the Constitution and Bill of Rights, or even California's Constitution.
Our Governor "Arnie" had an opportunity to correct the abuses under the Davis-Sterling Act, had heard the abuses and arguments and refused. I personally believe a Federal case will be necessary to establish rights of property owners under HOAs in every state.
The real problem is that without proper standing, (being an aggrieved homeowner subject to a wrongful taking under the Constitution), it can never get to Federal Court.
Someone in a position to bring the case forward would likely have never had their property taken away. It's a real quagmire for those of us who care. How many times have you read about a senior, disabled Veteran losing their homes over a $23.00 delinquent assessment? Those homes are foreclosed without any kind of bidding at a Court Judicial Foreclosure by the Boards and sold to the Lawyer's friends and families in many instances.
In a Court Judicial Foreclosure, resulting from a property tax default,mortgage default, mechanics lien, the property is auctioned off in the PUBLIC SUNSHINE, following proper legal notice and if an amount is bid exceeding the debt, the defaulting owner gets the difference back after fees and costs.
Not under Davis Sterling in California. Isn't the act itself an incentive for the boards to create problems, add unreasonable fees every month so they can foreclose and acquire the property for their own use?
California claims to be the leader in many areas including conservation, environmental equality,refuse management,consumer rights,etc., perhaps they also lead in showing the remainder of the country how to violate homeowner's Constitutional rights to make a personal profit.
Posted Nov 16 2007 6:04AM CET
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Mark Schoenfeld
(View Profile)
Hawthorne, California |
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It is noted with deep sense of regret about the judgement by the Honorable Court for free speech per Bill of Rights. as stated in the article.
Based on the Judgement of Honorable Court , it appears that for any questions and concerns in the affairs of respective HOA, WE THE HOMEOWNERS ARE LIABLE TO BE PENALIZED FOR ONE REASON OR OTHER.
It is submitted respectfully my views and comments to be read in letter and spirit of the article as I am not very conversant with the details of the subject and also the laws of the State .
However I strongly feel that the message may be sent across thru media in view of present state of affairs across with respect to foreclosures , credit crunch etc. if deem fit.
I take this opportunity to reproduce AHRC article which may be be an eye-opening in this context.
COURT WATCH FOR AMERICA'S HOMEOWNERS
News on courts, judges and lawyers that affects your home, freedom and property
October 15, 2007
By AHRC News Services
Los Angeles, California -
The home foreclosure racket is sweeping America. Read COURT WATCH on AHRC News Services to keep up with news on laws and the courts that affect your home, freedom and property.
• America's Corrupt Legal System Danger to Visitors, Travelers as Well as USA Residents - The tragic reality of the world's biggest corrupt legal system - June 15, 2007 - By Dr. Les Sachs - Brussels, Belgium
• Changing the color of the California bench - A report from the California Lawyers State Bar Association - April 26, 2007 By Nancy McCarthy - California State Bar - Sacramento, California
• VOID JUDGEMENTS - April 22, 2007 - By Jacob Roginsky, Ph.D. - Dahlgren, Virginia
• Twenty-two reasons to vacate void judgment - April 22, 2007 - By Jacob Roginsky, Ph.D. Dahlgren, Virginia
• Authorities on Void Judgments - April 22, 2007 - By Jacob Roginsky, Ph.D. - Dahlgren, Virginia
• Due Process Violations - Truckin for Truth! - April 22, 2007 - By Taffy Rice - Atlanta, Georgia
• SUMMARY OF HOMEOWNERS ENDURING DUE PROCESS VIOLATIONS OF LAW
To include your cases in the summary to the U S Judiciary Committees, please email or fax the information by Saturday - April 21, 2007 - By AHRC News Services - Washington, District of Columbia
• RICO LAWSUITS ... LET THEM BEGIN - For all HOA and non-HOA Homeowners - April 20, 2007 - By Jan Jackson - Florissant, Colorado
• Restatement of Law, Third: Property - Servitudes - Selected information for homeowners to understand HOA Common Law - April 20, 2007 - By George K. Staropoli - Phoenix, Federal
• Arizona OAH adjudication brought over 50% success for homeowner complaints
400% fee increase by the state agency has now stifled homeowners filing complaints - April 20, 2007 - By George K. Staropoli - Phoenix, Arizona
• Reports and cases on judicial misconduct, political corruption and property theft wanted - AHRC is compiling a summary of cases for U S Government Representatives - April 14, 2007 - By AHRC News Services - Washington, District of Columbia
• Due Process Defenders - 'WE the PEOPLE' in DC! - March 31, 2007 - By Taffy Rice - Atlanta, Georgia
• United States Government Representatives Hear About Theft of Homes by Lawyers and Due Process Violations by America's Courts - Congressman Conyers and Senator Leahy request list of cases, venue, judges and issues - March 28, 2007 - By AHRC News Services - Washington, District of Columbia
• Texas Court System refuses to uphold laws - Senator John Carona and his company Principle Management Group are involved in our homeowner association foreclosure nightmare - March 23, 2007 - By Jerry Flores - Corinth, Texas
• Trampling of Due Process and Rampant Fraud Upon the Court - Call for Investigation! - March 21, 2007 - By Andy Rice - White, Georgia
• Recusing the Georgia Court of Appeals - Judicial Crimes Condoned - March 20, 2007 - By Taffy Rice - Atlanta, Georgia
• Corporate Fraud Judicially Sanctioned - You're Summoned to the Corporate Name Game - March 20, 2007 - By Taffy Rice - Atlanta, Georgia
• A JUDGE WITHOUT JURISDICTION! - When the Law does not apply - March 20, 2007 - By Taffy Rice - Atlanta, Georgia
• DON'T WAIT TO FILE COMPLAINTS AT THE STATE BAR AGAINST ATTORNEYS
...even homeowner association attorneys! - October 13, 2006 - By Donie Vanitzian - Los Angeles, California
• California Lawmakers Approve Legislation For 50 New Judgeships - Trial and appellate courts received 3.4 billion operating budget for 2006-07 fiscal year, judges will receive an 8.5 percent pay increase effective January 1, 2007 - September 01, 2006 - By Judicial Council of California - San Francisco, California
• PROMINENT CLASS ACTION ATTORNEY COMMITS TO FILING RICO ACTION AGAINST PETERS AND FREEDMAN - He is looking for boards of directors of homeowner associations to be plaintiffs - August 24, 2006 - By American Homeowners Resource Center- Los Angeles, California
• LAW OFFICE ANNOUNCES RICO INVESTIGATION OF HOMEOWNER ASSOCIATIONS
Information Requested from Public - May 10, 2006 - By HOA Investigation - Law Office of Philip A. Putman - Costa Mesa, California
• PROCESS SERVER RESEARCH - How late can process servers serve people in California? - October 11, 2006 - By Process Server Research - San Juan Capistrano, California
• California Lawmakers Approve Legislation For 50 New Judgeships - Trial and appellate courts received 3.4 billion operating budget for 2006-07 fiscal year, judges will receive an 8.5 percent pay increase effective January 1, 2007 - September 01, 2006 - By Judicial Council of California
• THE LEGALISTIC RUSE OF HOMEOWNER ASSOCIATION GOVERNING DOCUMENTS
They will indeed get you! - April 05, 2006 - By Lee Lambert - Victorville, California
• DEVASTING LAND TAKINGS - California allows homeowner associations through their attorneys to seize property by non-Judicial foreclosure and pocket the owner's total equity - February 08, 2006 - By Mark Schoenfeld - Hawthorne, California -
• Losing everything - Woman, 83, owes Tequesta $1,764,000 in code dispute over plants - August 02, 2005 By Stephen Deere - South Florida Sun-Sentinel - Tequesta, Florida -
• Two Tiered Approach to Attacking and Doing Away With the Homeowner Association Litigation Racket - Undermining an HOA's General Legal Counsel's Credibility Means Looking at Two Aspects of any HOA Lawyers Career: 1) Day to Day HOA Lawyer Activities and more importantly, 2) Litigation Support Credibility - June 03, 2005 - By Zelda Goldberg - Los Angeles, California
• Law loses its way - Today the skill and gamesmanship of lawyers, not the truth, often determine the outcome of a case - March 30, 2005 - By John F. Molloy - Tucson, Arizona -
• AN UNJUST JUSTICE SYSTEM - Homeowners in Homeowner Associations Face Daunting Odds - March 28, 2005 - By Peter Amherst - Santa Ana, California -
• Government Involvement In America's Homeowner Association Foreclosures
It seems like everyone is on the take - November 21, 2004 - By Louis A. Gonzalez Miami, Florida
• IF YOUR HOME IS IN A HOMEOWNER ASSOCIATION - YOUR EQUITY IS AT RISK
Can you afford to give your money away? - October 06, 2004 - By Ann Roth - Irvine, California
• The Homeowner Association Racketeering Scam Has Played Its Game On You, My Friend - Tom Radcliff, you are a victim of the largest organized crime gang in the United States - January 25, 2004 - By Richard Craig - Houston, Texas
• Enronitis and Homeowner Associations - How Supposedly Loyal Americans Steal from Fellow Americans - January 29, 2003 - By Gerald Ainsley (View author info) - Irvine, California
Meanwhile I would like to sypathise with Ms Jan Jackson for her dedicated efforts and I am sure someday her sincere efforts shall bring fruits and wish her all success.
With kindest regards,
Ravi Kapoor
Paramount,California
Posted Nov 16 2007 1:22AM CET
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Ravi Kapoor
(View Profile)
Paramount, California |
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Response to Comment No. 2,
Thank you for your kind words! I appreciate them more than you can ever possibly know! Especially since I believe you are the former HOA homeowner who has gone thru much worse HOA fires of hell than I have. I admire YOU for still trying to educate HOA homeowners about the very real social and financial dangers of living in an HOA or CIC. Thank YOU for everything you share with all of the rest of us. We are in your debt.
Unfortunately, there are not a lot of us HOA homeowners who have the time or the money to fight this HOA scourge of humanity. However, we who can, will ... as long as we're still breathing. But the best part of that is that those who cannot are behind us all the way and will do what they can to help, in their own ways.
For example, we shall see exactly how many voters here in Colorado are interested enough and willing to take the time to sign our petitions to repeal CCIOA. If it's the many, many thousands that I believe it is, here in Colorado we should then be well on our way to getting rid of HOAs here in our state, AND getting rid of local and state politicians who put us homeowners, under the law, in this bad social and financial situation in the first place.
Jan Jackson
Colorado HOA News
Posted Nov 15 2007 11:15PM CET
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Jan Jackson
Florissant, Colorado |
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Jan,
I am sorry to hear this is happening to you. I agree with Robert Metcalf. He is a very talented man who does see and write the truth! Let's hope he has some impact in his home state, of Pennsylvania.
The reality is though, that we need a lot more Jan Jackson's, Robert Metcalf's, Ann Roth's, Donie Vanitizian's, AHRC's, Shu Bartholomew's, Taffy and Andy Rice's, Frank Askin's, ccfj.net's, George Staropoli's, Joyce Starr's, hoadata.org's and everyone else so intelligent and talented, I have not mentioned!
In addition, where is the legal force behind the rightous, just, those vitimized? The truth NEEDS to be told! That is the bottom line.
Those victimized need to be compensated and their abusers need to be charged, convicted and jailed by the Attorney General in EVERY STATE!
Jan, I admire your courage and conviction.
Posted Nov 14 2007 6:54PM CET
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Username withheld
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