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We're in a similar situation of being forced to spend a fortune to freeze assocaition assets from being wasted away by a tyrannical (and possibly embezzling) board. We are also trying to work out how we can get a court order to force the board to comply with recent changes to state laws.
We don't have much of a choice at this point.
One of the biggest issues in our small townhouse complex has been outside parking. The rules the board instilled, without the benefit of a residents' quorum or vote, is to force everyone to park in their garage and leave ALL exterior parking for guests only.
This poses health and access problems for many in our complex.
1. Our 2-car garages are really more like a 1 1/2 car garage, making it impossible for a disabled person to park inside and still be able to exit the vehicle.
2. The HVAC units have fresh-air intakes in the garages, right at the level of the vehicle exhaust. Engines continue to outgas long after they're turned off, gaskets and radiators leak, etc. Anyone with alleriges and/or asthma can't park a vehicle in their garage without suffering.
3. According to CA state codes, a disabled person can legally park anywhere on the premises for an unlimited time. Yet the board is ticketing and towing the vehicles of those that can least afford to lose their vehicles even for a short time or to fight it legally.
4. It's in violation of local, state and federal laws to resurface and not meet current compliance with the ADA (Americans with Disabilities Act), state and local codes by providing handicap accessible parking, curbs, sidewalks, etc. We've been resurfaced twice in two years and still have no accessible parking, sidewalks or curbs. They are truly a hazard and several people have suffered injuries as a result.
The only way to get justice is file in civil court. My recent experience with the DOJ's handing of ADA violations is abysmal.
Posted Oct 12 2006 9:29PM CEST
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Username withheld
San Jose, California |
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Judge Fenton ruled that the board members could make the rules for the use of the pool. However, after the media coverage he modified his ruling and allowed the homeowners the use of only 2 of the many lanes at their, private , olympic size pool. Outside swim teams continued to take over the use of the majority of the lanes of the pool that Turtile Rock homeowners owned and paid to maintain.
Fenton also ruled that both parties should pay their own legal fees.
The aggressive defense by CHUBB insurance in this and several other homeowner association cases including foreclosure fraud cases by homeowner associations like Palacio del Mar and management companies like the now defunct Marquis Management , angered many activists.
They held protests and exposed the aggressive and often unfair litigation practices of CHUBB insuranc and the CAI lawyers they employed as their marketing partners and defense lawyers.
Word spread to other states. Texas homeowners - Geneva Brooks, Steve Solcich and Winona Blevins- also sued their homeowner associations.
The legal fees the CAI lawyers charged to defend these lawsuits and the settlements CHUBB was forced to pay homeonwers, caused large losses for CHUBB and higher premiums for homeowner associations. CHUBB lost it's dominance in the homeowner association D & O marketplace - it once had 80% of the national market share.
Rosa Kwong , who provided in house defense for CHUBB insurance, left CHUBB in 2003 and is now in private practice.
The. Ross family , and many of the advocates who battled CHUBB moved out of homeowners associations.
Posted Jan 19 2006 4:54AM CET
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Username withheld
, California |
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Your article above is dated Feb 2001. What has happened then ?
Turtle Rock Homeowners Association, Irvine, California
Posted Jan 5 2006 2:26AM CET
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sepala amarasena
(View Profile)
los Angeles, California |
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I am almost a 10 year Georgia resident in a Homeowners Asociation.
For the past 4 years of our current board has been plagued with annual meetings held without quorums, no elections, improper vendor relationships, money moved from the operating budget to the "social fund" (and out the door),failure to file corporate tax returns and have audits in almost 5 years, just to name a few.
The biggest slap in our face is that the association lawyers use their knowledge of the law to evade, trick and essentially help plunder our association funds.
I'm ready to go to court pro se to file a complaint to ask that a judge freeze our association funds or place them into receivership until a forensic accounting can be completed, as our board stands firm on having no audits at all, even though our Bylaws state that an audit must be performed annually.
Is there anyone out there wiser than I who might like to disuade me from doing that?
After reading this and other articles, I might be allowing my emotions to over-ride my brains!
Anyone care to comment? Oh, I can prove all that I claim.....
Thanks.
Linda K.
Posted Aug 7 2004 2:13AM CEST
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L. Koenig
, Georgia |
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