The Los Angeles Times : Real Estate Section
Condo Questions and Answers
Subject: CAI
To: "Lauren.beale@real.estate"@latimes.com
Dear Ms. Beale,
We will be canceling our subscription to the LA Times at both our company and our home.
We can no longer take the terrible advice in the real estate section written by Jan Hickenbottom and others.
It is our belief that the organizations that she and others represents are the very organizations that homeowners across the nation are fighting to protect themselves from.
Her advice is typical of the industry that runs the lives of homeowners living in associations and fought the right for homeowners to even have one pet in their home and supports non-judicial foreclosures, violating ones fourteenth amendment right to due process.
We can no longer support the LA Times Real Estate Q&A section as informative but rather seems to be a part of the problem and not the solution for homeowners living in associations.
As the old saying goes "A man's home is his castle" - not his HOA's.>
Respectfully,
.
In the Sunday paper, July 9, 2000 I read the following comments in the condominiun/homeowners associations advice section:
In the Q&A section by Jan Hickenbottom - an homeowners association industry partisan and member of the Community Associations Institute, she advises readers to:
"Consult the associations attorney to ensure that it is operating correctly".
And to another reader, "The associations attorney should be notified immediately so that a demand letter can be sent to the former president".
And to yet another reader, "Consult an attorney who represents a large number of community associations."
In the Consumer Notebook section, by attorney Robert J. Bruss, he advises readers to:
"Sue your neighbor for nuisance abatement. You'll need to hire an attorney."
And again, "Hire a good real estate attorney. Take legal action promptly to stop further damage."
And finally under Real Estate Law - Attorney Robert J. Bruss, tells homeowners that a ruling in a recent case, Laguna Sur Villas Homeowners Associations vs. Smith, held that the individual homeowners living in the association do not have the right of attorney client privilege to view the legal bills. Even though they paid some $6,000 in special assessments to fund the lawsuit.
This advice is risky and costly.
Suing only places your hard earned investment, your homes, at risk. Like David vs. Goliath, homeowners are often powerless to defend themselves against the big ticket homeowners association's D&O Insurers with a "duty to defend" clause and the deep pockets of the HOA.
Don't sue. You are likely to lose. In the end, no one wins.
Disclaimer: the above information is our humble opinion and an exercise of our constitutional rights. Don't sue us.
For truly valuable information regarding homeowners associations take a look at the following websites.
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