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An Article
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Class Action Lawsuit
We have had the last straw on our backs! How about you?
August 11, 2006
By
Ethical Hoas
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David Peters did a recall of board member Ben of Rancho Mirage who wanted to keep homeowners informed of their budget.
Complaint was filed with the California Bar Association and with Assemblymember Jackie Speier (part of testimony for AB 1317)
Posted Aug 15 2006 1:07AM CEST
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Username withheld
, California |
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Regarding a recent note on the law firm of Peters & Freedman: recently a lawsuit was filed in San Diego charging the firm, with among other things, RICO violations. It is Case 03CIV439. The case was filed by an individual who may be representing himself (ie no attorney).
If anyone has more information regarding the case please post.
Note and response from viewers - June 2003
This is not a legitimate case number for San Diego. I will check on it tomorrow.
Posted May 19 2004 5:50AM CEST
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Username withheld
, California |
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Local Politics and Citizen Participation
and HOAs…
From: Talk of the Nation, Tuesday , March 30, 2004
One of the signatures of American democracy, the New England town meeting, is fading into obscurity. And that's just one indicator of a national trend. Hear why interest in local politics is flagging, and tell us what's happening where you live. Join NPR's Neal Conan and his guests for that discussion.
Lang mentions that HOAs are assuming many of the functions of local governments, particularly in the fast growing Sunbelt regions such as Nevada and Arizona. Lang said local governments like HOAs because it allows them to avoid getting into "neighbor vs. neighbor" disputes over code enforcement. He noted HOAs in a period of declining civic involvement can achieve greater levels of civic involvement because property owners within them are strongly motivated by the self interest of protecting their property values from a neighbor who might for example decide to start an appliance collection in their back yard. (Sound familiar to the community association industry stance?) Lang said compared to local governments, HOAs can respond "scarily fast" to code violations and that speed and its potential for abuse is the subject of legislative deliberations in Arizona.
Host Neal Conan expressed surprise at the prevalence and power of HOAs. In that regard, he might be open to doing a program dedicated exclusively to HOAs. Send your suggestions to totn@npr.org
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MY REQUEST:
I live in one of the worst HOAs in California -- Shadow Crest, in Cathedral City --a 42 single- family home association.
We have experienced fraud, conspiracy, harassment -- that really looks more like terrorism – with violations of every code and law that is suppose to regulate these little internment –like associations. We have no representation from the government, certainly not from city government, and not from the police department to stop these board members from their illegalities. The police refuse to even take reports that the District Attorney has asked us to file with them.
It takes money to go into court to get the board removed, but we haven't found judges that are favorable to homeowners in HOAs. There is a judge in our county that is under investigation right now for being "bought off".
I write a newsletter that they have tried to shut down time and time again. I have proof of conspiracy and fraud to steal my home through non-judicial foreclosure, and to take out bogus restraining orders through provable perjury and lies against me so that I cannot attend meetings; they had me physically arrested at the annual meeting and taken away in handcuffs. I am preparing to file malicious prosecution and abuse of process against the board members as we speak. I am taking them into Small Claims court because we are missing $14,000 and they refuse to allow any of us to look at the records or the accounts, which is another violation of the law.
We have caught the board "setting up" homeowners for fines through bogus reports and bogus witnesses, however, in that we do have them red-handed. Now, what to do about it?
Apathy is our biggest struggle in HOAs.
I have lived here 10 years, and, I have had to fight against a drug house family that was related to a board member, and now even the physical violence of board members, as well as open slander of me in board meetings, and in letters to other homeowners. When I went into court because the board was using invalid CC&Rs, illegally, I ended up with a $6,350 lien against my home, which I am still fighting through the California Bar Association for unconscionable fees – all the attorney did was write a simple Demurrer and a Answer to a Motion with conspiracy of the board and management company, and we went before the judge that is now being investigated.
I am not alone in this sort of behavior in homeowner associations.
These sorts of things go on, and on and on -- all over the country.
PLEASE do a story on this growing problem.
Our city, Cathedral City government has decided to make the entire city into "Districts" -- which will be no more than HOAs in disguise, with District Captains, and double taxes – and, no representation from the city!
I believe we will be the first city in America where this is happening, but certainly not the last. The organization CAI [Community Associations Institute] has said they want to see 85-90% of all neighborhoods in America turned into HOAs by 2007-8. Imagine if you will, the impact of this -- sounds a lot like Hitler's plan, and then there is the plan for "The New World Order". Is there much difference?
Cathedral City government is well connected to CAI – The City Attorney, The Mayor and his wife, a Council Member, and a Police Captain.
Posted Mar 31 2004 10:21PM CEST
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Sharon Stephens
(View Profile)
Cathedral City, California |
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A caller called with a Peters & Freedman complaint.
Posted Mar 31 2004 6:37AM CEST
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Username withheld
San Juan Capistrano, California |
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Forgot to add this:
Have you actually tried to "remove a board" especially when you are denied the owner / voter membership list? I tried this myself and had more than enough signatures to replace our horrendous board, as have many others on the ahrc.com website, and guess what? The voting meeting was cancelled, attorneys were called, I (and others) were targeted, taken to court on "trumped up charges..." and the battles went on for years. Many people ended up losing their home(s) when they challenged a bad board and bad attorneys, as there is so much money at stake.
That is what many people miss in the beginning: this is about MONEY, "big money." Board members get all kinds of kickbacks and freebies and it's a gravy train for management companies and lawyers.
Example: a $2,000.00 plumbing repair in our parking lot was billed at $12,000.00 for "four men for four days with a backhoe" and other equipment. I photographed the work in progress, which was one man for one day and a half, with a shovel and bucket I loaned him.
The President of our board asked me for the photographs which I gave her, as she said she could not justify paying this bill after I told her the facts and had the photos to back it up.
I left them on her door (four doors down from me) as requested. Guess what?
A restraining order was taken out against me, signed by her and another board member, drafted our association attorney, and I was also threatened with trespass for touching her screen door (I left the envelope inside her screen door as she asked me to do). They stated that they were "afraid for their lives" etc etc etc and I had to pay an attorney to go to court where it was of course dismissed at their request. Then came the letter that I would be sued, and "anyone associated with me," if I took any more photographs of people doing work around our properties.
How many people do you think came with me to court, when all my neighbors had asked me to photograph the leaks and repairs in the parking lot, since I was the only one who worked at home during the day? How many stood up for me when the &**( hit the fan? Nary a one.
I had not only loaned the plumber a shovel and a bucket, I had loaned him my telephone and made him lunch. He was happy and gave me his business card in case I had any work for him. What had I done wrong?
How is this possible? How could I be sued and a restraingin order taken out? How could I be threatened with beign arrested if I stepped out my own door when the board president was in the same parking lot, getting into her car as was I? Were we living in Red China, perhaps? Some third world country where there were death squads on the loose?
No, we are dealing with human nature: the cowards and the bullies and may the strongest survive. HOA's remind me of the old days with the cattle barons, driving out the homesteaders... and when there's somethign someone esle wants (with the plumber's bill, it was an extra $10,000.00 going in one or more pockets, and this was the TIP OF THE ICEBURG), some people will truly stop at nothing.
So, when it comes to HOA'S in their present form in the present day and age, LET THE BUYER BEWARE.
Don't get hurt! Let us know if you decide to try to replace your board (if this wasn't a hypothetical comment).
Good luck and be careful. God Bless.
Yours, CT in NC
Posted Mar 27 2004 4:04PM CET
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Catherine Todd
(View Profile)
Durham, North Carolina |
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Comment #26:
I guess it is not okay to post my opinion here if it doesn't agree with everyone else? I haven't attacked anyone yet I am attacked for my opinion by people who won't even reveal their "usernames"? If you really believe in what you post, stand up for yourself - I do and I always will.
I am so sorry that you were attacked in response to your initial post. Some people are so frustrated with their boards (and perhaps their lives) that they just don't know what else to do. I have been attacked a number of times here, intentionally or not, and rarely participate anymore because of this.
Yet then I realized that this is how "the devil" wins. The "bad lawyers" and the "bad boards" always win because someone attacks someone else, and may the stronger ones wins.
Until we have a license board and oversight agencies regulating HOA's, or until HOA's are outright banned (I believe this is true in one or more European countries), we will continue to be subjected to a dictatorship "Banana Republic" form of government, rubber stamped by board members who WILL NOT or CANNOT stand up for themselves or for the rest of the community.
Wait and see. Try to get on your board and see if you can effect positive change. I tried and failed for many years. I finally moved, and I can't tell you what it is like to have peace and tranquillity return and reign. We have one - no, two - mean neighbors in our community, alcohol etc. going on with them, and all I can think of is "Thank God there is no board out here as they would be sure to be board members" and Thank God no one out here but me is in charge of maintenance on my home!
After 16 long years, we do not have peeling paint or leaks or damaged parking lots and people snooping into our backyard and telling us what to do with almost every aspect of our lives, that they could "put their eyes on." Thank God they could not try to regulate the INSIDE of our homes!
I should have left years ago, and if you have a "bad board" don't think for a minute that you can make a change. I say, "try, but don't feel bad if you fail." Just sell and go. Vote with your feet while you still can. I ended up going to court so many times and all for nothing, as the board and the attorneys will fight you to doomsday with your own money (dues) and if you win anything, all you can win is more money which comes out of community dues.
I am still getting papers (and nerve) together to file complaints with the State Bar Association against the association attorneys, and complaints with the fraud division for white collar crime (if anything is actually done about this), and since property managers don't have to be licensed, there is no one to file a complaint with for missing funds and outrageous overcharges against them. I'll try the BBB, but what good will that do? Who knows.
All I know is that when I complained directly to the board or management, as everyone else was doing behind closed doors, I became a target, and that is not a place anyone wants to be. Not one person stood up for me at any meeting at all, even though a group came to me and asked me to be their spokesperson. That hurt worst of all.
So, the one thing HOA's are good for, in my experience, is to see "human nature" in all it's gory glory, and this experience has given me something to pray about and try to learn "forgiveness" about, even though for me it is just too much to forgive. I just don't know how. I do know I will NEVER live in an HOA again, and will caution anyone I know not to do it.
I will work for governmental change, as the HOA experience showed me, for the first time, how lucky we are that we live in the United States. We can still move whenever we want. There are many countries run by dictators (board members and their legal henchmen) where I would have literally been imprisoned or killed for speaking out.
I wish you the best, and as I said, I am sorry you were attacked. That was wrong and I don't know how to stop this on message boards, but I hope that you will add your own experiences and thoughts here as often as you like. You seem to be very well thought out, even if it seems a bit "naive" the way I used to be when I thought I could make a difference." Now I can see that "enforcement of laws" and revoking one's right to do business if they break those laws is the only way to stop many shysters and criminals from taking your property.
With HOA's it's so sad because they are stealing people's HOMES and getting away with it, often targeting the weakest members of the group: retirees and single mothers seem to be a favorite morsel to start with.
We all have to work for governmental change, or flat out do away with HOA's!
Please feel free to email me anytime. I am flooded with email, so sometimes miss some of them, but let me know if this happens again. I am truly sorry someone went after you, but very proud of you for responding the way you did! You did much better than I would have been able to do. Good going.
Posted Mar 27 2004 3:49PM CET
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Catherine Todd
(View Profile)
Durham, North Carolina |
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I am using my real name.
Of course, there are good and bad attorneys, good and bad boards, and good management companies. That is a given.
However, due to the laws that govern HOAs, the opportunity for fraud, collusion and even embezellment is greater than in other areas of real estate and law. And, give some of these boards a little power and it becomes such an ego trip for them that they turn into little Hitlers, personified. And, unfortunately, it is most likely the attorneys first, and the managment company leading the board, rather than the board directiing the attorney.
The attorney for our assoication told me the other day, "The board doesn't need to know the law -- they have me!" Of course, that is not true. Every board member has a feduciary responsibility to know the law that regulates the association, and that is where the boards most often get into trouble -- they either don't know the law, or, the use the excuse, "We have an attorney for the law".
It is not as easy as you suppose to get rid of a bad board, and, that is a whole different subject.
Personally I would love to see where this lifestyle is presented as a "working" model, with positive solutions, but the government laws are not there to back the solutions.. I am not giving up in my association looking for solutions, but they are always court based, and that is a lot of money for most of us who live on fixed incomes. I am seeing a light at the end of the tunnel however, and I am learning as I go.
I am solution oriented, rather than just complaining.
Have a good day, and don't leave , just realize that are there a lot of people who have been burnt very badly.
Have a good day. :>)
Posted Mar 26 2004 11:06PM CET
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Sharon Stephens
(View Profile)
Cathedral City, California |
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Regarding my post #23 - People are getting upset at a law firm for merely doing its job!!!
and a reader's response #24 - Have you done your reading or are you a CAI lawyer?
yes I am new to this site, but no I am not an attorney. I think the most efficient use of time and resources is to go to the heart of the problem.
Without a bad board in "power", there will likely not be problems and the attorneys won't be necessary. Besides it is much easier to remove the board than it is to pursue a lawfirm for taking directions from a board.
I guess I'm not convinced that the boards are not the root of the problem. I would hope that the attorney for our HOA would not lie to the board and would tell the board when they are trying to do something wrong, but then again, just because something seems morally wrong does not always make it legally wrong. I've dealt with many attorneys over the years and just like in any other area of life, some are good and some are not.
I guess it is not okay to post my opinion here if it doesn't agree with everyone else? I haven't attacked anyone yet I am attacked for my opinion by people who won't even reveal their "usernames"? If you really believe in what you post, stand up for yourself - I do and I always will.
Posted Mar 26 2004 1:01AM CET
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William Telle
Los Angeles, California |
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Tomorrow I am sending in my competed complaint against our association attorneys: Brian Moreno, Ron Green, and Jeffrey French or DUKE GERSTEL & SHEARER [San Diego, and Palm Desert, CA] and it covers everything from unconscineable fees to violation of the Fair Collection Act, as well as not following the Retainer Agreement we have with this law firm {I will post the complaint]
Also, tomorrow, I am filing in Small Claims Court for violations of AB104, and refusal to let me have a membership list over the last year. I will post that once it is filed.
I am preparing to file a civil rights suit, through the state, based on discrimination of disabilty -- which really only requires "perception of a disability" to be valid.
Under separate suits, I plan on filing for Malicious Procsecution and Conspiracy to Committ a crime against four board members, but, not until next week.
I spent 21/2 hours speaking with the FBI last week.
We have more options than we realize; it is important to not give up. Hang in there -- no matter what. That is what makes for winners!
Posted Mar 22 2004 2:03AM CET
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Sharon Stephens
(View Profile)
Cathedral City, California |
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There seems to be a thought out there that "lawyers and law firms are merely doing their job" and the problem is with boards,etc.
I wonder who came up with this "spin". Since when is unethical conduct, breaking the law, causing boards to break the law, and just being downright liars, fit under the cause celebre "just doing a lawyer's job".
I happen to know a lot of very good lawyers, and the misfortune to run into one of the worst.
P.S. And it is not "misplaced anger" that is the issue.
Posted Mar 20 2004 2:56PM CET
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Username withheld
, California |
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