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An Article
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Management Companies and Managers Need to be Licensed By the State of California
Homeowner associations need the right to withhold their tax dollars if the State does not afford protection from lawyers and managers
September 17, 2003
By
Cecilia Taylor
Copyright AHRC News Services
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Hi Cecilia,
I was glad to find your newsletter regarding the abuse of HOAs, management companies, Board Attorneys and the steps you've taken to contact Senator DeeDee Alpert to get her involved in resolving this growing problem.
I have had the peace and enjoyment of my home turned into a horrible nightmare because the Board, management company and association attorney are abusing their position and powers. Their personal and abusive actions involve clear violations of our CC&Rs and other governing documents concerning the illegal installation of hard surface flooring above my residence without any consideration for the impact to my home and without my required knowledge of a major unit change above my residence. Their abusive actions have singled out my home with gross neglect for the landscape in front of my residence.
I just recently went through the required mediation process. However, they repeatedly acted in bad faith and would not provide information I requested concerning the illegal flooring. The Board Attorney told me that I can pursue the flooring matter with the owner since they didn't want to accept their offer of replacing the illegal flooring with the required appropriate flooring at the association's expense. The owner of the unit above my home has rented to a tenant who has been making extremely loud and disturbing noise which has only been amplified by the illegal flooring. I contacted the Board and management company by phone, fax and certified letter about the illegal flooring, noise, landscape and maintenance problems affecting my home, however they have not done anything about it.
If you've gathered any knowledge or information during your experience that can help me resolve this matter, providing a good and knowledgeable attorney, a point of contact or name of someone who has a genuine concern about these type of matters, it would be greatly appreciated. As a homeowner, I also fully support anything that can be done collectively to stop these types of abuses and problems from occurring to homeowners and their families.
Thanks,
LG
Posted Dec 2 2003 9:22AM CET
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Username withheld
, California |
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Every homeowner across the country needs protection and recourse in ALL states, NATIONWIDE.
Thanks to this article, and these people's efforts, I have received a "renewed vigor" and will try to take our HOA problems "to the top" in the legislature of North Carolina. Where this will all lead, I don't know, but I have to give it my "best shot."
Now that I am free of our HOA and free from retaliation, I must not "give up the ship" and leave the new owner as their next "victim." This is the hard part... just wanting to put it all behind me, when I know the problems are just passed down from one "owner" to another.
I cannot, in good conscience, be a part of this, as that is how these crooked and corrupt boards, management companies and lawyers continue to survive. Because, we the "homeowners" ALLOW THEM TO. We must work for positive change, and that time is NOW.
Thanks again to all concerned!
Posted Sep 19 2003 5:37PM CEST
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Catherine Todd
(View Profile)
Durham, North Carolina |
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Our HOA had a recall yesterday and the Board was removed. As a homeowner, we had been in close contact with the management company filling him in with the details of the crooked election being run by the recall committee. We informed him of returned proxies, altered proxies, threats to homeowners, and various other unethical and unlawful means of getting the needed votes to remove the Board of Directors. We asked him to please contact our HOA attorney and find out how we could stop this election and maintain what we had. The better of two evils. The manager assured us the attorney had been contacted and that all was being taken care of.
It was taken care of alright. Last night at the meeting the pleadings of homeowners were totally ignored and the Board was removed. The Board didn't even react. The manager just wanted the meeting over with. At the end of the meeting, he announced he was resigning from being the manager of this HOA.
After the meetings, I asked a recently appointed Board member what the heck happened? Why didn't they stop this?
She explained, the HOA attorney told the Board to put their tails between their tails and run. When the homeowners found out how many illegal elections they have had and rules and CC&R's they have enforced barely within the boundries of any law, they would be better off letting the homeowners hang themselves with this new Board. And they did.
Another case of an attorney working against the homeowners and for the Boards.
Posted Sep 18 2003 11:34PM CEST
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Username withheld
Pittsburg, California |
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Thank you, Cecilia.
In response to your letter today, I have written to Senator Alpert to let her know you are not a lone wolf with your concerns about the problems inherent with HOAs.
I have also copied my State Senator, Jackie Speier, as well to let them both know that your concerns are not isolated, but far-reaching and need legislative correction.
Please keep us up-to-date on your efforts. I will be happy to help you with whatever I can.
kimberley_cane@yahoo.com
Posted Sep 18 2003 11:10PM CEST
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Username withheld
, California |
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