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Information about The Villas of Calvera Hills Homeowners Association The Villas of Calvera Hills Homeowners Association Fairfield Ave Carlsbad, California 92008 Phone:     Fax: Rank: No ranking. Summary: A leutenant on active duty called inquiring about the Sailer and Soldiers Act . He gave his homeowners association automatic debit authority to get the monthly dues from his back account. The HOA got a new management company which did not continue the debits , charged him hundreds in late charges and turned over his account to the HOA lawyer who has recorded a lien on his condo. They are demanding $1,000.in late charges and lawyers fees. AHRC staff forwarded the problem to Jon Epsten, the homeowner association's collection lawyer. "People on military assignment are thinking about bullets and bombs and should not have to worry that their homeowners associations will lien and foreclose on their homes while they are away serving their country."Homeowner on active duty - February 14, 2005 Jill St Juan -the manager says they are due late charges and the lawyer is due lawyers fees before the lien will be removed. February 22,2005 Other Information: He has been an owner of a condo at The Villas of Calvera Hills Homeowners Association four years, always paid his $200/month dues on time. When he was called into active duty, seven months ago, he arranged with his bank and the HOA management company to pay his dues via automatic electronic transfer. While he was gone, the board changed it's management company to one who was not set up to receive dues payment from members via electronnic transfers. When he returned in January 2005 he immediately paid the dues they had not debited from his his account - he sent them $1400, bring his account current through February 2005.. The management company, lawyer and the board president want an additional $1,000. in late fees and lien fees. They then informed him they had placed a lien on his home on January 12, 2005. Homeowner says he has not received any communications in the mail regarding these charges and lien. Homeowner no longer trusts the HOA to treat him fairly and will be prepaying $1200. to cover his his March 2005 - through August 2005 homeowner association dues before leaving for duty again. Board President: Mary Lamb Manager and Management Company: Earl Feuer Association Management Group HOA lawyer was: Epsten Grinnell & Howell - Jon Harry Epsten - Mae Locke - Collections New HOA lawyer : Peters & Freedman

8. Peters & Freedman take over The Villas of Calvera Hills Homeowners Association from Epstein & Grinnell & Howell and begin rewriting CCRs     A soldier on active duty sucessfully battled Calvera Homowners Association, Association Management Group and Epstein & Grinnell & Howell to remove a lien on his home for lawyers and managers fees. Association Management Group reported today that Peters & Freedman are now the lawyers for Calvera HOA. A homeowner reported that Peters & Freedman are also rewriting their CCRs. Several homeowners have had complaints about CCR changes Peters & Freedmen have made in their homeowners associations. e.g. Palacio del Mar Homeowners Association - San Clemente , California Peters & Freedman told the homeowners they were rewrite the CCRs of to stagger terms of board members. Undisclosed to the homeowners, the CCR amendment they filed also took away the culmulative voting rights of the owners and made it harder for homeowners to remove entrenched board members. A former board member told the owners he was present at a board meeting where they discussed making the change. The intent was to ensure that it would be impossible for a political opponent who was working for transparency of finances and records would never get on the board. Desert Crest Homeowner Association - Desert Hot Spring, California Many seniors lost their homes for Peters 7 Freedman lawyers fees after they challanged the foreclosures by Peters & Freedman. The seniors wrote to the Secretary of State on August 29, 2003 that Peters & Freedman dissolved their for profit corporation without the required 100% of the votes and made then a non-profit to manage a common interest development under the Davis Stirling Common Interest Development when they were not a Common Interest Development. Desert Horizon Homeowners Association - Palm Springs, California Their battled Peters & Freedman attempt to rewrite their CCRs and impose fees for membership another private club: DESERT HORIZONS HOMEOWNERS ASSOCIATION TRIES NEW RECRUITING TACTIC - COMPULSION - Peters & Freedman helping another Country Club raise $621,000 a year using enforceable liens Posted Jun 1 2005 3:50AM CEST     Username withheld Los Angeles, California   7. Jon Epsten web site at www.epsten.com shows they donated $5,000. to CLAC     HOA's are nothing but PERCEPTION with NO REALITY. Check out the Jon Epsten web site at www.epsten.com and read how they DONATED $5,000. to CLAC (California Legislation Action Committee) and they list 'SEMPER FI Inured Marine Fund' as one of their "charities". In realty they treat this young Marine Lt. like a criminal? BTW.......CCR's ARE A CONTRACT between homeowners & their HOA and contracts ARE BASED in the U.S. CONSTITUTION. Check it out with a Constitutional Lawyer. We REALLY do have rights under the U.S. CONSTITUTION. Time to call in the FEDERAL GOVERNMENT!!!! Posted Mar 1 2005 9:09PM CET     Username withheld Ramona, California   6. Tell Jill St Juan to look out!! Here come the Feds.     Just a thought on this one. He is probably protected by the Soldiers and Sailors Act which is a Federal Law. He should file a complaint against the Association and the Lawyer in Federal Court based on the Federal Law. Seems it should be a slam dunk for him. Tell Jill St Juan to look out!! Here come the Feds. Posted Mar 1 2005 1:41AM CET     Username withheld Mission Viejo, California   5. Active Duty Marine To Do An Interview with an Award Winning Fox News Reporter     News Update on Lien and Late Fees on Active Duty Solldier: The Active Duty Marine whose home was liened The Villas of Calvera Hills Homeowners Association has scheduled to take time off to do an interview with a Fox News reporter who recently won an award for a news story he did on homeowner associations. Posted Feb 27 2005 10:17PM CET     Username withheld , California   4. Wade Teasdale Chief of Staff - Senator Bill Morrow looks into Liens On Active Duty Soldier's Home       From: Wade.Teasdale - Chief of Staff with Senator Bill Morrow February 25, 2005 To: AHRC.com AHRC Staff: Thanks for the quick checking you did. As we discussed, I did some more research and found out the Kehoe bill was what put the Civil Code Section 1367.1 language into the codes. That bill was her AB 2289 from the 2001-02 legislative session. The URL for that bill's main webpage is: http://info.sen.ca.gov/cgi-bin/postquery?bill_number=ab_2289&sess=0102&house=A&site=sen Thanks for your help on this. Wade (w/ Senator Bill Morrow) AHRC Notes References: Misapplying homeowner association dues to lien and forelcose on active duty soldier Miring An Active Duty Soldier's Condo with Collecion Costs and Lein Posted Feb 27 2005 9:58PM CET     Username withheld , California   3. If this is the way we repay our active duty service men - God help us!     Concerning the Marine - What on earth are these people doing? What happened to the Soldiers and Sailors Act - Let alone the new law in California concerning Homeowner Association bookkeepiing? If this is the way we repay our active duty service men - God help us! He is protecting ALL of OUR rights to have a home and the pursuit of happiness - and this is the way this HOA treats him - The Marine in question should talk to his JAG officer to make that happen under the Soldiers and Sailors act. The Marine Corps JAG office should look into this and Black Ball all concerned from working with the finances of ANY Soldier or Sailor or Guardsman henceforth! Posted Feb 26 2005 4:10AM CET     Username withheld , California   2. This would make a great news article - there's mitigaging circumstances the Board should take into consideration     I hope the homeowner is also paying the late charges, so he doesn't come back and find out these goons foreclosed on his home. It seems to me there's mitigaging circumstances the Board should take into consideration---for example, was the homeowner notified there was a change in Management Companies and how his dues should be paid? Did the Board know the homeowner's circumstances? This is an outrage. The Board "may" be technically within their rights, but considering the circumstances, they should write-off the attorneys fees. If I were the homeowner, I'd first protect my home from any more possible action.....write my congressman/woman.....and send a bill to the Board for the price the homeowner paid to protect their rights, by serving. This would make a great news article. Posted Feb 16 2005 1:09AM CET     Username withheld Arlington, Virginia   1. The Villas of Calvera Hills Homeowners Association     Letter to Calvera Hills Board President: Dear Mary As you know our condo is currently in "lien status" and we have further burdens upon us from a law firm in San Diego. Over two weeks have passed since we last visited this issue with these people. I understand everybody is extremely busy, and a resolution may not be in store to date, but perhaps, a quick update, would be greatly appreciated as well as help my family understand as to what is taking place 500 miles away on our behalf. Regards Homeowner Response from Calvera Hill HOA President Dear Mr. XXXX Sorry for the delay in responding to your request for follow-up on your concerns regarding handling of your past due account. The board met on Thursday, Feb. 10, and I wanted to wait until that time to make certain board members had information about this issue. According to Deb Basom, you also had a telephone conversation with her. The board is in agreement that our Bylaws and CC&R's are clear on HOA dues payment responsibility. I understand you feel that the change in management somehow is responsible for the delinquency of your account. However, you were negligent by not providing a forwarding address. Additionally, when your bank statement made it obvious that the EFT was not taking place, it would also be your responsibility to contact the management co. Had you called Lindsay to follow up, you would have been informed of the change and consequently could have called the new management co. to request an update on the status of your account and the necessary directive for continuing EFT payment. You allowed approximately 6 months to elapse before taking action to question the status of your account. You mentioned your father lives in Oceanside. His address would have been a logical choice to use if your career causes your living environs to be in flux. I would assume you choose to be an informed investor and want and need a reliable method for receiving information regarding your real estate ownership in Carlsbad. Although this information is willingly provided by the board and management company, owners must provide an accurate and updated mailing address. Sincerely, Mary Lou Lamb President - The Villas of Calavera Hills HOA Posted Feb 15 2005 4:47AM CET     Username withheld , California

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