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An Article
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APPELLATE COURT RULES AGAINST DESERT CREST SENIORS
Seniors Fight Back, Vow to Appeal to California Supreme Court
July 28, 2003
By
AHRC News Services
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You will recall the tentative California Appeals court decision that it was not improper to mandate homeowners to pay dues to a private, for-profit, open to the public country club that was adjacent to the HOA subdivision. This opinion was based, in part, on the view that having a country club adjacent to the subdivision benefited all the homeowners, even those who did not wish to belong to the country club.
This decision, if it stands, would make it proper for an HOA to mandate fee payments to a church, a fitness gym, a health food store, a medical office, etc, including payments to the local government if there happens to be a fire or police station, or a library or even a public park adjacent to the subdivision.
WOW!!!!
And it's possible without an amendment to the CC&Rs by simply increasing the assessments under the overall umbrella of maintaining property values. What do your CC&Rs say about the use of assessments that the HOA is allowed to collect, if anything?
And without the oversight protections of a clean elections agency, we will continue to have rigged voting and elections that allows such HOA decisions to occur. This is a failure of judges to understand the real abuse within a substantial number of associations and the need to protect the rights of homeowners.
Posted Sep 11 2003 5:18PM CEST
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George Staropoli
(View Profile)
scottsdale, Arizona |
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If all the suspicions regarding Mr. Ford and his ability to unseat the board and take it over are true, why not approach the problem from this angle and expose these bullying orginazations for what they truly are.
This is the most basic form of corruption at it's worst
Posted Sep 1 2003 4:17PM CEST
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peter magee
(View Profile)
Concord, North Carolina |
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According to the Mexican group known as "Aztlan", see www.aztlan.net they plan to take over California (or as some Californians call it: Mexifornia) and six U.S. Southwestern states and give it back to Mexico.
(Cruz Bustamente, the Democratic candidate in the California governor's election was once a member of Aztlan.)
Posted Sep 1 2003 8:45AM CEST
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Username withheld
San Juan Capistrano, California |
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Will things change for the better if / when "The Terminator" takes office?
Schwartzenegger is a Republican and drives a war-machine HumVee in the streets. This I fear the most. It was bad enough with Reagan and the wars, what comes next? Maybe the advice given to "get out of California" is correct. At least to "get off the grid" and find a clean, peaceful way of life even if it means making a major change. Something to think about?
What next?
Posted Sep 1 2003 2:32AM CEST
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Catherine Todd
(View Profile)
Durham, North Carolina |
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My god, what is wrong with the legal system in California? How can anyone be forced to belong to a private club against their will? The California legal system has gone completely beserk.
What next, can you be forced to belong to, say, a private tennis club or swimming club? The whole system of POA's must be banned from existance, the state of California may be beyond hope or repair. Maybe the best advice is "get out of California".
Posted Aug 31 2003 10:09PM CEST
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Username withheld
Trinity, Texas |
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I just have a simple question. How do you sleep at night when you know that as a judge, your ruling will make seniors - who are your fellow citizens - homeless?
The sad and bad thing is that you probably sleep very well.
OK. Then maybe the citizens should do something that will make you toss and turn at night and have nightmares - RECALL you. Yes, if you go through with your ruling on the Desert Crest seniors, let us recall you. Of course, you probably won't go homeless as you probably have a tidy penny stashed away some place, but at least you will not have a court house to call home.
Note that we do not call court houses "court factories" or "court bureaus" or "court offices". We call them court "houses". A house is where a person, a human being, lives. True human beings do not force people from their homes - especially so that a golf club can get a couple of hundred thousand a year extra. Before there were golf clubs, there were homes.
So if you do decide to go through with your heartless and inhuman decision, just remember that we citizens are watching. If you prove yourself unable to be a half way decent human being, then you do not deserve to sit in the house that the taxpayers pay for. Recall that when you go to bed tonight. Recall that recalls exist for citizens to remove corrupt officials. If you are recalled, then maybe that golf club will give you amd Gray Davis a free round on its 9 hole pitch and putt facility that has the audacity to call itself a golf course. Recall that and remember that a recall is a mightier club than a golf club. Have a good night's sleep and pleasant dreams.
Posted Aug 29 2003 4:29AM CEST
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Username withheld
San Juan Capistrano, California |
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Wow! Sounds like another scam to make seniors lose their houses, rather than have a life.
I would say that the judges, and the legal folks behind this should be subject to great scrutiny. If it were a public project, then it should rely of the public to pay for itself. The fact that a "ringer" has now made it part of the payment schedule is absurd.... What judge with any real sense of justice would back that crap?
I would think anything added "after' the fact would need total consensus before you could add more fees?... What kind of a scam is this!
I keep hearing that we are looking out for our retired folks, but unless you are rich, and retired I don't see the looking out for much. I am not usually party biased, but this sounds like a Republican scam on old folks.
Corporate, and lawyer scams, are the hardest to bring to light, since they have the money to fight until they either win by default, or the old folks die... real unfair.....
Posted Aug 22 2003 11:25PM CEST
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Ray Bilodeau
, California |
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There's a great deal of finger pointing going on here, and a host of suggestions everyone is making - including suggesting that these people simply move out.
The reality of the situation is that abandoning one's "home" - typically one of the larger assets (equity) one has in one's retirement years- is not a viable option for most.
These folks' attorney is not the problem.
The problem lies in a system which has permitted lawyers to run rampant over people's lives - to terrorize, destroy and financially ruin innocent people for their own gain.
Every member and visitor to the AHRC web site should educate themselves on what happened recently (due to public pressure) to The TREVOR LAW GROUP of Los Angeles.
The California State Bar website has posted public notices on this issue, including the latest that these lawyers have withdrawn from the state bar.
Much like the HOA lawyers terrorizing the Seniors of Desert Crest and all of the rest of us, this group of Beverly Hill "PIRATES" got extreme heat and pressure from a local radio show which camped outside of their offices (broadcasting live from the scene) after they engaged in an extensive campaign of terrorizing immigrant businesses for health code violations which the attorneys were responsible for reporting.
Much like the HOA lawyers, these schemers were extorting thousands of dollars in legal fees and settlement monies from unsuspecting hard working owners of auto repair shops, nail salons and ethnic restaurants, many of whom like Seniors and most other HOA residents - are ignorant of the law - and unaware of how lawyers can manipulate it to suit their purposes.
A complaint was filed with the California State Bar and an investigation commenced, resulting in these evil creatures getting a taste of their own medicine.
The HOA arena is no different. These evil creatures may have court, and the bottomless-pit of the revenue from the HOA dues (and in the case of Desert Crest, a bingo parlor), but instead of perpetuating litigation, the Seniors and ANYONE ELSE who cares to get involved, should report this errant and malicious conduct by the lawyers to the California State Bar - including Elder Abuse.
Elder Abuse is unlawful - and the California State Bar (of which most attorneys are members, including the greed-stricken animals who are terrorizing & bleeding dry the Desert Crest Seniors) website has available on line a printable copy of the Bar's new publication "Seniors & The Law" which explains Elder Abuse in detail.
The State Bar will also provide free copies via mail- by request.
Perhaps instead of passing the hat to perpetuate the litigation, or suggesting that these people simply walk away from their "homes", a more viable process would be to support the Seniors (and all of the rest of us) by some type of ARHC member petition which could be submitted to both the California State Bar (along with any complaint) as well as to the State Legislators.
Californian's seem to be in a petitioning mood at the moment (given the moving vans being scheduled to remove the present occupants of the governor's mansion) and perhaps with AHRC's visibility- and the ongoing plight of the Seniors- we could all get some mileage out of discussing the real problem- the lawyers who have gone afoul of all of us.
And yes, the judge needs to be called to task on this issue.
And it may be dirty play, but as they say "when in Rome...", but if these are the same lawyers who were accused of RICO Racketeering violations (Melissa Colburn Case, San Diego, CA), this corruption needs to be tied to the Desert Crest situation.
Posted Aug 21 2003 2:17PM CEST
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Username withheld
, California |
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In response to Comment "7. Leave Desert Crest make it a virtual ghost-town," I am in total agreement to leave ALL HOA's "ghost towns." However, for those who truly cannot move: they will have to find a way to "get out," since all I can see is the developer and his cronies taking those trailers, moving them out after foreclosing on them (getting the trailers and the land for FREE) and building bigger and better and more expensive houses on the property.
If they couldn't get the dues out of them for their ridiculous bingo-parlor and golf course, why not just take the trailers and the land? Bigger cash pay-off, and they "win" either way. The "ghost town" comment was a good one, as that seemed to bring this scenario into sharp focus. After the people are foreclosed on, who will end up owning the houses and the land? This will be a very interesting development to see; will it take a "blood bath" such as this one for the courts to recognize that the laws need to be changed?
I HOPE NOT. Has anyone contacted the New Jersey and the California ACLU about this situation?
What in the world was wrong with the lawyer they hired to defend their appeal? Why do such a sloppy job, and leave out so much? What's wrong with him? Who is looking into this, as well?
Posted Aug 17 2003 1:55AM CEST
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Catherine Todd
(View Profile)
Durham, North Carolina |
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"Trevor Sheehy , a Georgia lawyer retired over twenty years ago. He spent his retirement years caravaning. Last year he too bought an affordable mobile home in same development. It was to be his winter get-away. He stayed on for the summer in the "sweltering sweat box in Palm Springs" to help his neighbors fight the mass foreclosure lawsuits by Peters Freedman. "
God Bless Trevor Sheehy; I hope he can help these people win. If ever there was a time to "stick together," let it be NOW!
Let me know where to send a donation: I can't afford much, but I would like to be one of the first to send mine in.
Posted Aug 15 2003 4:45AM CEST
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Catherine Todd
(View Profile)
Durham, North Carolina |
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