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An Article      
Homeowner Boards Blur Line of Who Rules Roost

July 27, 2003

By Motoko Rich
Copyright NEW York Times



9. It's up to all of us to make this effort to educate the public.  
  Having been interviewed several times and full well knowing that only a part of what is said ever gets printed, if anything, I understand people's comments that the whole story is not told, or that the otherside gets air time, too. That's the name of the game. We are not paying advertisors.

Over the past three years that I've been involved, I've seen CAI totally dominate the media relegating us to amateur status, to malcontents and disgruntled people that do not deservethe reader's attention. Over the past month I've seen more and more of the media doing some in depth articles and at least presenting our views. It takes time. It takes all of us to complain about media bias and write letters to correct what has been said.

Do you know what it takes to get on the Front Page of the Sunday edition of the NY Times?? Motoko Rich did it. She got it past the editors. We need more Front Page exposure in many more leading papers in many more cities.

It's up to all of us to make this effort to educate the public.
Posted Aug 5 2003 11:24PM CEST
 
  George Staropoli (View Profile)
scottsdale, Arizona
 
8. Forward our comments to the New York Times  
  Can our comments be forwarded to the New York Times in response to their article on HOA's?

I would be happy to have mine listed with my complete name and address and contact information.

AHRC RESPONSE

Dear Catherine:

All comments we received were forwarded to the New York Times. We encourage all viewers to write tthe New York Times as well.

Here the link to write a web letter to the New York Times.

Your name and the contact information you enter in your user account is listed and available to everyone.

Some comments are entered by volunteers. When they do this the name of the commentator and contact information , is added below the comment if the author wishes to be contacted..


Posted Jul 30 2003 11:26AM CEST
 
  Catherine Todd (View Profile)
Durham, North Carolina
 
7. This article lacks depth does not examine the dynamics of what is happening in homeowner associations  
  This article reports , without much depth, a few instances in homeowner associations. It does not examine the dynamics of what is happening in homeowner associations.

The writer missed the point about Melissa Colburn's RICCO case against the association lawyer David Peters. Melissa reported prior to her settlement that she spent $80,000 on legal fees, investigations and experts to build and proceed to trial her RICCO case against Peters. She also stated that Peters over several years was selling homes to a Carlos Sosa, a Los Angeles lawyer. Expensive California homes with large amounts of equity were being sold for less than $5,000 each.

Court filings by Melissa included a 1996 foreclosure case involving the sale of George Harder's winter home in Palm Springs, California. It included a letter by Judge Michael J. Kaplan of New York accusing Peters and Peters & Freedman of "misrepresentations", and "submitting dubious evidence to the court".

In his rulings Kaplan said that Peters : 1. Failed to send the statutory notice of method of foreclosure 2. Failed to serve 3. Acted both as association's attorney and the foreclosure trustee. Melissa's case alleges that Peters continued these same practices in her foreclosure and in three more foreclosures since Kaplan's court ruling.

The recent reporters calls from New York Times and other media sent David Peters scurrying to settle and muzzle Ms. Colburn..

New York Times readers deserved more insight into Melissa's RICCO case than :

David Peters, the association's lawyer, said, "She knows that if she doesn't pay her assessments, it's going to go to foreclosure."
Posted Jul 29 2003 7:53PM CEST
 
  Username withheld
San Juan Capistrano, California
 
6. New York Times - this article misleads the Public  
  To the reporter who wrote this story :

You went from the sublime to the ridiculous. This article about homeowner associations misleads the public.

I am a 75 year old grandmother who became totally disabled with strokes from fighting for my constitutional rights in a homeowners association for the past six years. I live on social security and do not have a lawyer to represent me in these homeowner association lawsuits.

I have had my share of exposing and curbing injustices successfully in the past.

I used to live in California. In 1976 a car dealer and Dodge sold me a defective car and refused to take responsibility . My two young kids and I covered the car with lemons and parked it in front of the dealer's lot every weekend. The media helped publicize this and the car rip-offs. The politicians and lawyers got involved and we got the California lemon law passed to protect car buyers.

Fighting the loss of our constitutional rights in homeowner associations on my own has taken a toll on my health ... but I intend to go out riding in my saddle.

Let me tell you why you are so wrong in how you portray the problems in homeowner associations. Please call me.

May Stanton
Rio Rancho, New Mexico
Telephone (505) 891-3108
Posted Jul 29 2003 12:29PM EDT


Posted Jul 29 2003 6:29PM CEST
 
  Username withheld
San Juan Capistrano, California
 
5. Fascist like HOA's with their Kafkaeasque covenants and restrictions  
  We are constantly amazed by what we read on this sight. We live in a free country but people are losing their homes and life savings over things like the placement of a garbage can or a garage. When does it end?

When will legislation be passed to curb the power of these fascist like HOA's with their Kafkaeasque covenants and restrictions?

Click here for visual proof of our struggle visit
Posted Jul 27 2003 2:57PM CEST
 
  Username withheld
Crestwood, Kentucky
 
4. Last years of life spent fighting to save what little they still had, including their dignity  
  It appears that Motoko Rich has taken some time to solicit the opinions and observations from a broad base of individuals. I however feel that some of the issues raised call for closer examination.

The Melissa Colburn case has been closely watched by many of us in the Southern California area. The foreclosure and latest apparent settlement, while being of importance, does not fully disclose the reported questionable background of the association's attorney, Peters & Freedman. Reports have made mention of verified illegal county utility hook-ups and of alleged violations of RICO laws; seemingly which were also noted and questioned by the court.

Many of us now demand to know how those alleged illegal activities will be handled by the judge. Will the settlement by Ms. Colburn "erase" any other reported wrong doing by Peters & Freedman?

Ms. Colburn is but one among a growing number of homeowners who have been stripped of life savings and home by legal firms intent on exacting "justice" for power and position hungry HOA boards. More often that not, a Board's reign of terror has been orchestrated and sanctioned by the lawyers, property management firms and service vendors who belong to organizations such as the CAI, or in California, CACM. Equally corrupt insurance companies defend illegal, immoral, and unethical actions; all at the cost of the homeowners.

A short drive to Indio and adjoining towns will show other homeowners, many of whom are elderly senior citizens, also being foreclosed on and forced to pay mandatory dues for a private "country club" which was not voted for nor even used by them.

Again, those foreclosures and demand for dues were defended by Peters & Freedman and, it would seem, may be deemed justifiable by the court. The last years of many of those homeowners were spent in an attempt to save what little they still had, including their dignity.

Death was the only relief for some. And not for the price of a trash can.







Posted Jul 27 2003 8:10AM CEST
 
  Nancy A. Levy
San Pedro, California
 
3. Thanks again to AHRC for making information available to the New York Times  
  Thanks again to AHRC for making information available to the New York Times!

Without websites such as these, the media would not have a reliable resource to go to, to bring all this to light.

God bless AHRC.com!
Posted Jul 27 2003 7:03AM CEST
 
  Catherine Todd (View Profile)
Durham, North Carolina
 
2. The tide is changing  
  I would just like to comment that the reporter has done justice to the plight of homeowners by revealing the problems with living in an HOA and the attitudes of rogue boards that know they are unregulated by the state governments. The attitude of the president of the Arizona association,in Arizona, says it all when she blames the problems on her neigbor and not on her actions as president, nor the actions of the board and managment firm advising her.

Her attitude reflects the ignorance and repeated refusal of many boards to face up to the real problems of a defective legality, the HOA. It is a comon defensive attitude that also reflects BODs' refusal to be held accountable under the contractual CC&Rs agreement.

With this article, along with the ABC 20/20 segment on HOA problems, no longer are these serious constitutional and contractual problems being hidden because of the biased propaganda of the special interests. As a result of the freedom of speech offered by the internet, many advocates have published these problems for all to read, providing our story to professional newsmedia persons seeking the truth.

No longer can our elected representatives and special interests hide behind a "we didn't know" excuse, while opposing meaningful legislation to provide justice and fair treatment to all citizens, as homeowners expect in our democratic society.

The tide is changing. The special interests and their legislative comrades cannot continue to defend the indefensible, and remain a democratic society.


Posted Jul 27 2003 6:06AM CEST
 
  George Staropoli (View Profile)
scottsdale, Arizona
 
1. It is most unfortunate the incredible misdealings of the lawyers involved were not reported  
  If you read the full story (via the link to the New York Times article, 3 pages), you will see some information about the Melissa Colburn case.

It is most unfortunate that the incredible misdealings of the lawyers involved were not reported, and that one was allowed to be quoted without stating the complete facts.

It's unbelievable that the Times article, while showing the plight of many homeowners in associations, would give these lawyers in this particular situation any credibility at all. They should never have printed that lawyer's statement, as it does not tell the true story at all.

Here is part of NY Times article regarding Colburn's experience, with too much left out, so please read the entire article!

Keep up the good work, Melissa, we are all behind you! I hope you have gotten your home back and some, if not all, of your money. I hope you can prove fraud in court. Let us know what we can do to help.
Posted Jul 27 2003 5:47AM CEST
 
  Catherine Todd (View Profile)
Durham, North Carolina
 
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