The CotoBuzz Journal

Community Journalism, Newsletters and  Blogs Covering South Orange County, CA

The CotoBuzz Journal is a member of Investigative Reporters and Editors (IRE) and NAHJ

   

June  2007 Issue

We do not make jokes, we simply watch the LA Times, the Orange County Register and the Coto de Caza Board of directors and report the facts!

 

LETTERS

Power hungry association steals home from mentally ill person for $540 in Assessments

The monthly fees for the home paid in full for nearly 20 years ago is only $183 a month. Brother  tried to pay the money but the board would not accept it.

May 18, 2007

My brother lost his home in Coldwater North Cooperative, Inc because he is mentally ill and didn't know he had to pay $540 in dues.  My mother left her home to us to protect my brother. The monthly fees for the home she paid in full for nearly 20 years ago is only $183 a month.  I tried to pay the money for him when I found out, and they would not accept it.  He will never be able to support himself and is currently on the streets with nowhere to go.
 

My mother passed away last July.  My mother and my brother lived in their cooperative (like a condo)  prior to her passing on.  He is mentally ill and did not pay the association fees for 3 months, so they used the Unlawful Detainer process to evict him and take away our interest in the CID.  They then sold the membership to someone else for about $50,000 less than its worth on the open market. I was told, originally it was going to be sold to the sister of one of our board of directors, but my lawyers and others called them on it and they sold it to someone else a few days later.  I am told that the association will not give me the money that they got for the "illegal" sale until my mentally ill brother signs a settlement offer that removes the association of any liability for their wrongdoing. In my book that's called blackmail no matter how you look at it. 

 

I have racked up over $4,000 in attorney fees (on just letters and fax responses alone) and still cannot get any results.  Doesn't it seem like the attorneys are the only ones who seem to profit from methods like this.   In this transaction I'm referring to the association where my mother's homes is, have a law firm by the name of Swedelson & Gotlieb.  My understanding is that the HOA attorneys are charging me almost $40,000 in fees and additional charges to "process" this against us.  I stated in our cease and desist letters that the Davis-Stirling Act prohibits this and the association through their counsel say the Davis Stirling act does not apply  (it does apply see: CA Civil Code 1367.4) Looking back at 1367.4 it was my understanding that that the reason for this law is that several lawyers were stealing property for fines and assessments and profiting by reselling them. 

 

Imagine having a home and losing it because you were behind in only $540 in dues, then have them strong-arm you into loosing nearly 30% of its value and then also charging you $45,000 for the pleasure of it. We lose our lifetime home and the HOA lawyer gets to buy a new Hummer. Sad, very sad indeed!

 

I sent letters to the Assembly and Legislators (Sheila Kuel, Jane Harmon and Diane Watson) and have received nothing.  How can this happen, Who are the people to go to when this happens?  I am at a loss to how to deal with it. I don't have $25,000 to hire an attorney who will only take the case on retainer at $375+ an hour.  Our HOA broke the law, period,  Who are the "police" we call when we get raped in this manner? I've tried every avenue available; Legal Aid, ADA , HUD, Attorney General, etc and am told that I should just walk away because unless I can pay to hire a private attorney it is just a lost cause.  The HOA attorneys are just thinking that we will give up and they will get away with it. 

 

Can anybody help me? 

 

Sincerely yours

Jay Goldstein

 

 

Note:  From Buzz:  

 

We are publishing Jay Goldstein's contact information in case CotoBuzz Journal readers want to contact him and provide any type of support.


RELATED STORIES

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...

One More Near Miss Avoided - Clueless in My CID/HOA
The number one rule in the Australian Aviation Magazine?s list of Flight Rules is the one about airplane take off and landing: Every takeoff is optional, Every landing is mandatory!It is safe to say that most travelers know that takeoffs and

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),...

How to Communicate with the CZ Master Association (and other HOAs)
Recently a CotoBuzz contributor received a stupid lawyer letter stating that the CZ Master Association board would no longer accept his requests via email.

OCR Paraphrasing in Laguna Woods Village
The CotoBuzz Journal previously reported on a brewing scandal related to alleged misuse of credit card by property management company employees in an article titled Laguna Woods Residents Outraged by Use of Credit Cards Issued to Property Manager...

 

Letters to the editor

Letters- Unreal State of Real Estate Bills
Regarding "Bill to Limit Transfer Fees Founders," May 13, on Senate Bill 670: The measure left the illusion of limiting the use of transfer fees, while in reality it would have undermined Civil Code Section 711, which has existed to protect Californians...

Power hungry association steals home from mentally ill person for $540 Assessments. The monthly fees for the home paid in full for nearly 20 years ago is only $183 a month. Brother tried to pay the money but the board would not accept it.
My brother lost his home in Coldwater North Cooperative, Inc because he is mentally ill and didn't know he had to pay $540 in dues. My mother left her home to us to protect my brother. The monthly fees for the home she paid in full for nearly 20 years...

 

 

 

 

 

 

 

 

 

 

Advertisement

 

 

 


Select Blogzz & click icon

Archived Issues

General Information

HOA Resources

Emergency numbers

Public Safety Resources

Crime Watch

Sex Offenders in the Area

Real Time Traffic Report

LA Times Orange County

 Subscribe 

- What is RSS? 

Area Links

ORANGE COUNTY BLOGS: 





The CotoBuzz Journal    P.O. Box 154 Trabuco Canyon, CA 92678       (509) 355-8895

Privacy Policy  |  Need Help?Contact Us |  Administrator:  cotobuzz@yahoo.com