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October 2007 ISSUE
We do not make jokes, we simply watch the LA Times, the Orange County Register and CID/HOA board of directors and report the facts!
The
CZ
The October 2007 CZ Master Association's Newsletter makes the
argument that the CZ lifestyle is
mostly due to efforts of volunteers and that it
is “very easy to overlook the tireless work and the
thousands of hours donated” to benefit CZ residents.
The facts are that not only do CZ residents shell out close
to $10 million/year to subsidize such lifestyle for
others, but Common Interest Development (CID/HOA) is a
multi-billions industry structured not to benefit the
average resident, but to benefit politicians, property
management companies, attorneys and a host of other
service providers.
Wit the flurry of legislation in Sacramento,
not unlike AB-980 waiting for the governor’s
decision to either sign
or veto it – According to an article written
by D. Vanitizian titled VETO
ASSEMBLY BILL 980 BEFORE THERE'S NO MORE GOLD IN THE
GOLDEN STATE,
- All but halt 1031 property exchanges;
- Complicate home ownership and refinancing;
- Cause an influx of liability and litigation;
- Cost every taxpayer more money;
- Conflicts with numerous existing statutes to cause havoc in implementation;
It is true that operational efficiency (or in-efficiency) in
a given common interest development is very much a
function of unpaid volunteers, the “volunteer
fallacy” is that residents should be content with
the outcome, whatever it is, as long as the decisions
are made by unpaid volunteers.
It is fair to say that every volunteer has a personal reason
to engage in volunteer work.
Some do it to maintain the status quo.
Some want to be change agents.
Some want to be in the spotlight.
Others want to embellish the resume.
Some are wannabee politicians.
Whatever the reason, we posit that residents
who do volunteer work, receive their reward, by being
good stewards and should not expect to be thanked,
quite the contrary.
Further, we posit that the final CID
development solution is to structure a legal framework
more akin to a for profit organization.
Buzz
Interesting analogy from someone who hasn't bothered
to volunteer
their time and efforts to improve the community.
Instead you would
rather criticize the efforts of those who do sacrifice
their time
and volunteer.
Sure, we can eliminate the volunteers and hire
professionals. But
then you would howl about the dues increase necessary
to pay their
salaries, and then accuse them of being corrupt and
incompetent.
After all, if you cannot create a controversy then
what will you
have to write about?? I know, the facts are boring,
and positively
acknowledging the efforts of the many volunteers that
work on behalf
of our community just isn't consistent with your
agenda.....
The only "fallacy" here is that you and the
Coto Enquirer can be
counted on to provide any facts or value to the
community.
For the record, we volunteered for various positions during the Varo/Mezger administration - no one on the board ever bothered to even acknowledge the requests.
…and the slippery slope continues, or is it our German friend following close behind?- Buzz
RELATED STORIES
VETO
ASSEMBLY BILL 980 BEFORE THERE'S NO MORE GOLD IN THE
GOLDEN STATE
How do you spell "hot-air?" Assembly Bill
980.When I first inquired and voiced outrage about
Assembly Bill 980 I was told by the men in suits,
"it?s a done deal so forget about fighting it --
butt out," then the phone line went dead.
Homeowner Association (HOA) Lawyer FactoidsThe Davis-Stirling Act is a part of the California Civil Code. In the Davis-Stirling Act:
· The term "attorney fees" is codified/mandated: 22 times.
· The term "homeowner" is merely mentioned: 3 times
PART
II: KEEP FILING CALIFORNIA STATE BAR COMPLAINTS
AGAINST ERRANT ATTORNEYS - BUT ESPECIALLY HOMEOWNER
ASSOCIATION ATTORNEYS-- Make the Bar Care!
Lets spare each other the niceties of: ?there are good
ones and there are bad ones,? because we already know
that -- and -- this article is not about that. She
then says with a cheeky little grin, ?ok, ok yes,
there are some good lawyers out there.?
Mirror,
mirror on the wall, who is the fairest gladiator of
them all?
As I stood atop the Roman Colosseum during a recent
trip, emotionally gripped by its horrific history, I
couldn?t help but make the connection between the
ancient gladiator and my role as in-house attorney,?..
For starters, lawyers are often referred to...
Management
company's tape-recording tactic puts homeowners at
risk
Question: Because our management company has been sued
before, it has a policy of recording all incoming and
outgoing phone calls. Before a management employee
answers the phone, there is an automatic announcement
warning callers they are being recorded....
Of
Trial Lawyers, the AAJ and the Democratic Party
The National College of Advocacy and AAJ Education
maintain two distinct programs that recognize AAJ
lawyer member efforts in pursuit of advanced legal
learning and professional development?the Achievement
Recognition Program and Advanced Studies in Trial...
Laguna
Woods Village CC&Rs, What CC&Rs? I Got Your
CC&Rs Right Here!
Coto de Caza is not the only place where the board of
directors consistently either disregard the civil
code, governing documents (Covenants, Conditions and
Restrictions - CC&Rs) or even the moral code.
What
is better in HOA Management? Transparency and
Accountability or Feel Good?May 22, 2007
Mostly as a result of the Enron and Worldcom scandals,
the Sarbanes-Oxley Act of 2002 known as the Public
Company Accounting Reform and Investor Protection Act
of 2002 and commonly called SOX; was enacted to
provide business executives with less wiggle...
HOW
DO OWNERS SPELL L-A-W S-U-I-T? SENATE BILL NO. 127!X
This author asks WHERE ARE THE PENALTIES AGAINST
MANAGEMENT COMPANIES AND BOARDS? WHAT?S THE PENALTY
FOR BREAKING THE LAWS THAT THESE LEGISLATORS ARE
PASSING?
Two
of the Worst & Most Detrimental Laws to Hit
California are Sponsored by None Other than:
California Association of Realtors (R) The Gold is
Gone --No more gold in the Golden State!
Dear Governor Arnold Schwarzenegger,
SHATZI! PLEASE REMEMBER YOUR PROMISE TO US. Please
listen to the people who support you and look to you
to help us! When you first began buying property in
California NO ONE told you what you could or could not
do...
THE
LAW OF INTENDED CONSEQUENCES - WHAT A DIFFERENCE A
"WORD" MAKES: NO! ON ASSEMBLY BILL NO. 563
It apparently does not matter that titleholders with a
vested interest in their property cannot get their
legislators to carry legislation to help US, but, they
can waste taxpayer funds by preventing the bills WE
WANT and NEED by CHANGING *ONE* WORD in an...
EMERGENCY!
EMERGENCY! OOPS! WE JUST HAD THE MEETING! YOU MISSED
IT!!
So THIS is what the Senate calls an "Open
Meeting." How many Open Meetings have THEY been
to? Obviously not many. ROTFLMAO!
CAN
YOU OUTSWIM YOUR HOA SHARKS? or will you drown trying?
Owning, let alone living in an HOA is a tough JOB and
requires you be physically fit, possess a certain
sophistication of the processes, and have the
character let alone stamina, that allows you to be
persistent in a manner that indescribable to REAL...
HEY
GRAY PANTHERS! YOU GOT IT WRONG!
(c) D. Vanitzian
May 16, 2007The Gray Panthers are on record as
SUPPORTING A BAD BAD BAD BAD BILL: Senate Bill Number
948. SHAME ON YOU. Where the heck are you getting your
information from?
The
Law of Unintended Consequences: Legislation and HOA
BOD Cause and Effect: Clueless in my CAR
Coming off a most improbable but successful campaign
to defeat SB 670 author and HOA advocate Vanitizian
thanks supporters making a connection between the
quality of legislation being passed in Sacramento, and
the quality of life in most homeowners...
Paraphrasing
the LA Times on Defeat of SB670 & Wicked Twin
Witches of the West - SB 127 & AB-980
Taking a page out of the OC Register?s ?paraphrased
reporting?, an article written by LA Times staff
writer Diane Weder titled ?Bill to limit transfer fee
founders?, published appropriately on May 13, 2007,
quotes the president of the statewide Realtors...
Private
Transfer Tax - Good for the Common Interest
Development (HOA/CID) Industry or Good for the
Politicians?
When we received our copy of the report that the
California Association of Realtors (CAR) used to
Sponsor and help draft transfer fees, we were
confused. Given that Vanitzian has become an icon in
Sacrament (some say a thorn in the legislature's
side),...
Lawyer
seeking condominiums' business goes over the line
Question: I manage a large condominium project in Los
Angeles. Unsolicited, an attorney sent me an
invitation to meet with him over lunch. He then phoned
me several times, including the day before the lunch,
explaining the purpose was to speak only with...
CONDOMINIUMS
ARE A GREAT INVESTMENT- FOR LAWYERS
About every two months I get a call, or a client comes
in to ask me about condominiums. It usually starts off
with, ?I bought this adorable little condo? and then
the upstairs neighbor had a flood?. And then the
Homeowners Association refused??
The
Real Estate Sky Is Falling!
Inman News reports today, Tuesday July 24, 2007 that
California mortgage defaults hit 10-year high and that
more borrowers expected to lose homes in second half
of year. ?Roughly half, 54.6 percent, of the
homeowners in default emerge from the...
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