Email

Complaints

User Account

Login/Logout

Search

Talk Back

Tools

Information about Palacio del Mar Homeowners Association Palacio del Mar Homeowners Association Ave Buenoa Aires, Ave Del Verdor, Colibri, Acapulco San Clemente, California 92672 Phone:     Fax: http://www.palaciodelmar.org Trademember: CAI Rank: No ranking. Summary: Palacio del Mar Homeowners Association, a non-profit 501(c)c corporation has a long history of being misused as profitable venture for a clique for lawyers, managers, board members. 2005 Board Members Raymond Kunkle - President , Walter Schminke - Vice President, Lawrence Tilles, Secretary, Rod Elcon - Treasurer, Doug Parson, Member • This board and their lawyers Peters & Freedman have been filing lawsuits to targeted owners and lying to judges to win lawsuits. - February 2005 • Peters & Freedman lawyer Michael Kim Lies in Court filings Other Information: Management Companies who helped the board mismanage : .PCM management, Marquis Management, Progressive Property Management Managers: .Diane Fullerton, Pat Gummeson, Kathy Acquino, Lisa Klasky Lawyers: David Peters, Peters & Freedman, Laurie Poole, Jeffrey Pratt Reserves were illegally paid to Feldsott & Lee lawyers at a time when the civil code specifially did not allow reserves to be used for legal fees e.g. the Kunkle board emptied out the reserves to sue a homeowner who asked the board to hold open meeting and allow owners to see the books and records. Insurance broker: ROBCO Insurance - Glen Robinson refused to provide the insurance policy inormation to owners. Dues:$165 - not amenities, no common areas except for slopes and some private street, single family homes, The following individuals are/were the board clique: Ray Kunkle, Walter Schminke, Raul Rubaclava, California Superior Court Judge Kenneth Ziebarth - who also worked as a rental judge with JAMS, Tom Hobbs, Nancy Kunkle, John Meyers, Tim Alman, Terry Faye, Malcolm Gillies, Bart Matheson, James DeLong, Zobell..... Ray Kunkle - board president - volunteer police in San Clemente Police Department Harold Joseph -ex-board president and a real estate broker- ex-City Planning Commissioner - City of San Clemente.Conflict of interest charges by District Attorney- settled.( $1,000,000 in commissions by Centrex Corporation , plannig commission decisions, investments in stock) Moved on to Indian Wells, California and became a volunteer Planning Commissioner there. Joseph active in political campaigns and Assemblymember Bill Morrow and Jim Battin ignored complaints. $2,400,000 construction defect settlements for defects on 6 of the single-Family Ocean-View Homes Homeowner Association lawyers used by the Kunkle board gang in discrimminatory lawsuits : • Feldsott & Lee - selective CCR enfocment - (Board members reported they were sued for not paying his fees) ªNeil Gunny - CHUBB Insurance paid lawyer who make a false $5. late chage by the board and Marquis Management into a $100,000. legal bonanza for lawyers • Peters & Freedman and Jeffrey Pratt - $250,000 and continuing --- ----------- This website was set up by a homeowner who exposed missing reserves funds and corruption and has been a target of racism and shakedown lawsuits Palacio del Mar 2002 Entry: The board, management and lawyers has been using association money for their own benefit and hiding books and finances from the owners. Services and membership rights are denied to targeted owners and political challengers. CCRs were illegally rewritten and recorded to remove the culmulative voting rights and keep the entrenched board, lawyer and manager in power. The lawyers (David Peters - Peters & Freedman), managers and the board work together to hide books and records. Thousands of dollars were missing from the reserve accounts. The dues are high and most of it has been spent on Peters & Freedman legal fees. Former board presidents, a lawyer John Meyers (disbarred).and Malcolm Gillies, a broker, alternated the presidency between themselves for many years. Meyers was secretly paid for legal work. Both fought to hide finances and information from other owners. Other boards and key players who ran this association:: Ray & Nancy Kunkle, Raul Rubaclava, Tim Alman, Kenneth Ziebarth - rental and relief judge, Marquis Management (Diane Fullerton, Pat Gummeson) , Progressive Managment - Kathy Acquino, Lisa Klasky, O'Connel Landscaping, Joe Soto and Soto Landscaping, Terrie Faye, Marlene Atkinson - Coldwell Banker realtor, .

10. Palacio del Mar Homeowners Association board members     Ex-Board member at Palacio del Mar - Royce Zobell - sold his home on Del Verdor without disclosing damages and moved out of state Posted Dec 7 2006 11:44PM CET     Username withheld , California   9. Palacio del Mar Homeowners Association board cuts down trees illegally to enhance their own home values     When an ex-board member Tom (not his real name) supported the candidacy of a minority homeowner, he began to experience vandalism for the first time. Bushes and plants he had planted on the slopes behind his home 15 years before and maintained, were suddenly chopped down. He did not see the vandals. Shortly after, Tim Alman, the then board president, targeted for removal several of the exotic palm trees in Tom's had growing in his private front and side yards. Tim wanted to enhance the views from his property. He home sat high on a hill above Tom's and already commanded stunning panoramic ocean views . Tom sought the help of his neighbors to prevent Tim from cutting down of his trees. The neighbors called and then wrote the then San Clemente police chief, Tom Davis. They complained about the Palacio del Mar board members and their lawyers, Peters & Freedman. They also told Davis about some of the tree illegal tree cutting the board had done in the past. Example 1. Shortly after the developer's mother befriended and supported a minority homeowner who was a target of discrimination by board members, the develpers became a target herself. The board cut down the mature ficus trees in her front yard, They also cut the bushes she had planted and cared for on the slopes behind her home. Example 2. A few years later the board cut down the multi-branched melaleuca trees growing in the minority homeowner's private front yard. She sued them in small claims court. The judge told them it was illegal to go into private yards and cut down other people's trees. He also ordered the board to pay for the replacement trees. After receiving the homeowners letter, police chief Tom Davis called the Tim Alman. He then called the homeowners who had written him and informed them he had intructed Tim Alman and the assocaiton not to cut down trees in homeowners' private yards unless they had the owners' consent or a court order. The following year, ex-board member Tom let his home go into foreclosure and moved out of the association The broker handling the foreclosure sale of Tom's home had been told about the police warning to the board. He called the neighbors and told them that on one of his inspection visits to the vacant property, he found some trespassers in the back yard. He said that Walter Schminke, a board member and a landscaping crew Schminke was supervising were casing the yard. The broker warned Schminke and the crew not to come into the yard to cut down any of the trees. A few days later, when he returned to inspect the property again, he was horrified to find that the Schminke and board had ignored both his and the police chief's orders and removed thousands of dollars worth of exotic palm trees form the property. A new owner purchased the bargain priced foreclosure sale home and moved on. The neighbors discovered she was the daughter of a board member and she told them she had demanded compensation for the trees the board had removed from her property. Later, when the homeowners inquired about the the conpensation talks, she said they had settled and conpensated her but refued to provide any details. There were rumors her board member father was involved in the setlement arrangements, that she was given special treatment, and homeowners funds were used to compensate her. The board uses the managers and Peters & Freedman to help them conceal the finances and books and records of Palacio del Mar Homeowners Association. They refused to let the owners to see how much they paid to cut down the numerous palm trees that enhanced Tim Alman's views and property values, or how much they paid to settle the board member's daughter's tree claim. Like many former Palacio del Mar Homeowners Association board members, Tim Alman after using the the funds and powers of this 501(c) non-profit corporation, to boost his pesonal property value, sold his home at a record price and moved out of California. Posted Apr 4 2006 10:29AM CEST     Username withheld , California   8. Joint Litigation Business Venture of Palacio del Mar Homeowners Association, a 501(c)3 non-profit Corporation & Peters & Freedman     Update: Joint Litigation Business Venture of Peters & Freedman and Palacio del Mar Homeowners Association , a 501(c)3 non-profit Corporation The board members Raymond Kunkle - President , Walter Schminke - Vice President, Lawrence Tilles, Secretary, Rod Elcon - Treasurer, Doug Parson, of Palacio del Mar Homeowners Association , a 501(c) non-profit corporation in San Clemente, California have illegally paid Peters & Freedman about $500,000 from the homeowner association reserves for a contrived rules violation lawsuit they prevailed in, and an ongoing SLAPP lawsuit against one homeowner. The homeowner reports that all three partners Simon Freedman, David Peters and Michael Kim , and paralegals they employ, fire blizzards of paper to mislead the court and others and bill them as "legal services". The war has been a very lucrative venture for both Palacio del Mar Homeowner Association Corporation and the Peters & Freedman lawyers. California law regarding raiding reserves for lawyers fees: Section 1365.5 of the Civil Code spells out the uses of reserve funds. Subdivision (c)(1) states, "The board of directors shall not expend funds designated as reserve funds for any purpose other than the repair, restoration, replacement, or maintenance of, or litigation involving the repair, restoration, replacement, or maintenance of, major components which the association is obligated to repair, restore, replace, or maintain and for which the reserve fund was established." The use of funds for litigation is limited to construction defect type complaints. For more information see: Homeowner Associations Continue to Illegally Use Reserve Funds for Lawsuits - Some Lawyers Continue Helping Boards Empty Reserves For Their Fees Posted Mar 19 2006 4:21AM CET     Username withheld , California   7. Lee R. Hess, Peters & Freedman the real estate "expert" , overstates the value of Palacio del Mar distressed home     Comment 1. Lee R. Hess, Peters & Freedman the real estate "expert" , overstates the value of Palacio del Mar distressed home Posted Feb 23 2006 10:36PM CET     Username withheld , California   6. Construction defect recovery - Palacio del Mar Homeowners Association     Palacio Del Mar Homeowners $2,400,000 Single. Source: Internet - 1995-2003 Proud Record of Recovery The Miller Law Firm Posted Apr 23 2005 3:39AM CEST     Username withheld , California   5. Common areas taken by board members, lot lines have been changed without owners knowledge and consent     Several of the board members of Palacio del Mar homeowners association board members have taken over common areas. Proiperty lines have been changed without the knowledge and consent of all of the owners. One long time ARC chairman Raul Rubaclava has taken on the common area to build his double size million dollar mansion. The books and records of the association have been concealed by board members and managers (Marquis Property Management - Diane Fullerton and Pat Gummeson) of this homeowners association and their lawyers Peters & Freedman.. Posted Apr 23 2004 11:20PM CEST     Username withheld San Juan Capistrano, California   4. The mold problems in Palacio del Mar     The realtors sell million dollar homes and homeowners have reported to the brokerage firms they work with that there are mold problems they should address caused by the board allowing sprinklers to be installed against the bedroom walls of adjacent homes. Several homes have had extensive repairs done that should have been paid by the association ( they approved the sprinklers) or the neighbor who installed them. David Peters, Laurie Poole, Jeffrey Pratt and Michael Kim of Peters & Freedman sued a homeowner whose home was exptensively damanged by the roots and the overwatering by Palacio del Mar Homeowners Assocation. Palacio del Mar has been a goldmine for realtors, lawyers Peters & Freedman, board members and their offspring (foreclosed homes latter paid $200,000 that are now worth $1,000,000 ). There needs to be an audit of the books and records of this association and restitution made to victims of this homeowners association.. Posted Mar 18 2004 5:48AM CET     Username withheld San Juan Capistrano, California   3. The board here creates root problems on homes     The board of Palacio del Mare Homeowners Association board planted trees in the front yards of homes on top of spriknler pipies, gas mains and water mains. The trees grew and broke pipes and lifted the foundation. They refused to pay for the problems and would not give it to the insurance company. Numerous calls to the insurance broker Glen Robinson owner of ROBCO insurance were ignored. Walter Schminke, the landscape chair used association funds to do repairs and improvements on his daughter's home but used David Peters and Laurie Poole to deny others the repairs they were due. Posted Mar 18 2004 5:28AM CET     Username withheld San Juan Capistrano, California   2. Peters & Freedman , Marquis Management, Progressive Management & Palacio del Mar Board Members plunder victims     Various board members made hundreds of thousands in profits selling homes they bought for $270,000 for million dollars or more. They annexed common areas into their private fenced in back yards making it appear that they had huge ocean view lots. Schminke the one man landscape "committee" had association landscapers cut down trees in common areas and other private lots to enhance their ocean views. They made sure homeowners they victimized did not receive any services and could not do any improvements to their homes. They used the City of San Clemente police, animal control, code enfocement, their lawyers (Peters & Freedman) and managers(Marquis Management & Progressive Management) to harass and terrorize homeowners they pludnered from. Posted Dec 17 2003 6:06PM CET     Username withheld San Juan Capistrano, California   1. Overwatering & destroying homes and families     COMMENTS: Some homeowner associations not letting residents stop watering their lawns Comment 3. Overwatering and destroying homes Homes in Palacio del Mar Homeowners Association in San Clemente are built on heavily carved , unstable hillsides. The City of San Clemente did not require a drainage system in this development and the developer did not put in a sprinkler system. Palacio board members, however, put in a massive sprinkler system and damaged several homes. They were sued numerous times but they look upon these lawsuits as a sport. They lie in court, misappropriate corporate funds, violate the CCRs and laws and keep on watering these unstable hillsides creating damage to the homes. They use Peters & Freedman to change CCRs, hide books and records, run elections, create false records on enemies, and sue targeted homeowners. Margaret Nicholson is an 82 year old grandmother, a long time board member from another association, reported the following after observing Jeffrey Pratt , a lawyer from Peters & Freedman, before Judge David Chaffee in the Orange County Superior Court, " I couln't believe what they did in court. The judge was acting like he was a buddy for the association. He coached Pratt till he gave him the right answer he was looking for. He wasn't listening to the homeowners. He had his mind set up before the homeowners went up to testify." Another lawyer for the homeower reported, " Pratt kept going down the list of evidence code and Chaffee kept letting him parrot it all and stopped him when he hit the right one." Posted Aug 28 2003 2:43AM CEST     Username withheld San Juan Capistrano, California

Return to 'Palacio del Mar Homeowners Association' | Submit a comment

Forums