The CotoBuzz Journal, Community Journalism

California Lawmakers Don't Speak CID - Common Interest Development, that is.

The Orange County board of supervisors want to pull a "Russian Georgia": The BOS and LAFCO want to obliterate unincorporated communities such as the three unincorporated sections that make up Midway City, Ladera Ranch and Coto de Caza. Midway City has been fighting the move for more than 50-years to remain independent.

The California lawmakers do not speak common interest development. Some even characterize the disenfranchised voters as "disgruntled homeowners".

The Orange County DA's response is "throw the bums out!" referring to the incumbent homeowner's association board of directors, which happens to be the response Mr. Robert McDaniel, a Laguna Woods resident got when he spoke to Lou Penrose, listening in for Congressman John Campbell.

"Just as you were unable to keep the House in session when you wished to address energy issues, we (who live in Laguna Woods Village) wish to have our concerns heard in open meetings and have our governing agent and boards be responsive to our needs. Mr. Penrose insisted that all we had to do was fire the managing agent. Can you, by yourself, fire the Speaker? It sounds good, but without help and support it is impossible, especially when you have to pay all expenses involved. As I tried to explain to MR. Penrose (who was not interested in listening to my issues but wanted instead to give me his simplistic statements)" reads in part a letter sent to Congressman Campbell by Mr. McDaniel.

In addition to the obstacles faced by Mr. McDaniel, residents who want to remove unresponsive or otherwise incompetent directors, face other challenges. Unlike other elected officials, there are no comparable built-in checks and balances in a common interest development - in essence, a good number of these communities are turned into personal fiefdoms, where the only rule of law is the one the directors decide upon.

When disgruntled homeowners, as Assemblyman Spitzer might say, do elect independent directors, board of directors can resort to political assassinations, such as the recent political assassination of Stanley Feldstein when he was removed as Third Mutual president, or Coto de Caza's Steven Zipperman.

We contacted Mr. Penrose about Mr. McDaniel's plight. Mr Penrose promptly called us back and confessed he did not know what to do. It was clear from our conversation, that Mr. Penrose has no idea how unincorporated communities are managed at a local level.

Meniffe's own Therese Daniels et all have been fighting an uphill battled against the Sun Civic Associaton. In an open letter to Mr. Tom Thurman, President of SCCA she calls Mr. Thurman a liar: "My statements are quite true. If you can prove other wise, I will then and only then take back my words and apologize" - she writes. Not having a response from Mr. Thurman, she then sends an open letter to the assocation, reading in part:

We have tried to reach the association and Mr. Thurman, but have not heard from anyone.

Trying to close the gap between Laguna Woods. Mr. McDaniel and Congressman John Campbell, we asked Mr. McDaniel to summarize the actions he would like the congressman to take:

We have paraphrased his request below:

There are 5 things:
1. Federal legislation since this is a NATIONAL issue. And, since the state is unwilling or unable to enforce their laws.

2. Get a federal agency to start a RICO investigation since our funds are being misapplied systematically and there is a conspiracy to cover up where these funds are going and exactly how the state laws are being avoided/circumvented.

3. Get the IRS in here to do an audit.

4. Chuck DeVore has ignored us for years. Through his offices the Congressman can put pressure on our state officials to uphold the law that is in effect and to protect senior citizens and the estimated 25% of the State of California who live in Common Interest Developments.

We are tired of being ignored by the elected. We do not need tickets to tour the white house or a flag flown over the capitol....our only son's severe disability in Afghanistan is contribution enough! The VA does not support him in his pain and disability and none of the legislators helped us help him when he was first retired from the army. NONE. State or Federal.

Walters was scheduled to come here to speak at one point over this summer (after the primary) but she didn't show up..... we get hot air promises and NO action. Penrose promised in his e-mail that he'd forward the concerns to DeVore and have DeVore get on things. It's been a week and we don't have so much as his phone number on our Caller ID. Yeah, they just really jump on things.

5. Blatant discrimination is taking place...both age and race. People of color who have historically been discriminated against and for whom many laws have been written have not been able to make or meet the arbitrary financial requirements placed on people who desire to live here.

In other words, the congressman more than likely will not do much

On the other hand, Supervisor Bates does know how independent communities are governed - she was involved in turning one into a city - a major stepping stone for most wannabee politicians.

Since when is an unincorporated territory a federal responsibility? What obligation does Uncle Sam have to settle disputes between homeowners and independent directors within these communities? Maybe a representative should present an Emancipation Proclamation for all those who live under the brutal regimes of Laguna Woods and Coto de Caza! The congressman should look into the possibilities of a House Resolution. After all, those residents cannot flee the dictatorship and move to another area... I have pity on Laguna Woods, you have so much in common with the poor people in Georgia!

Ultimately, I believe that people such as Mr. McDaniel wants to take the easy way out of problems. It is easier to complain about officials than it is to directly confront issues. If the whole community is enraged with the management, why not take action? The will of the people is on your side, revolution is supported. Why dodge the underlying issue of civic responsibility? Quit looking to others and waiting for Uncle Sam or the Governator to act, do something! What on earth are you doing to rectify the issue, besides complaining at barbecues or the grocery store? Whining to your congressman does not resolve anything.

Enough is enough. Take responsibility for your community that you claim to love so much, Mr. McDaniel. It is “we the people” who ordain government; it is about time that the people claim that mantle instead of shoving it off for some official in DC or Sacramento. Engage society and change it, take action instead of remaining in a state of lethargy and bitterness. However, changing society is too tough. I think that I’m going to just go back to watching TV and occasionally complain to my Federal Representative about how my local management is oppressive.

Excellent points – which homeowners association are you affiliated with?
Better yet, which lawmaker do you represent?

The reason for the question is to follow up and test your recommendations. Otherwise we will conclude that you, like the rest of California lawmakers do not speak CID and that the ones in charge of CID legislation, including law enforcement, is the CID industry. Buzz

I actually don't work for either, interesting assumption. Someone who stands up for the necessity of citizens to hold government accountable must be a government employee or part of an HOA! Nice try diverting an argument.

But you're right, I don't speak CID. I'm more fluent in liberty and civic responsibility. If they don't like the area, move. If they want to stay there, fight. Why should the awkward hand of government reach in and "fix" the situation like they do in every government project? Maybe it can become the new projects! Ellen

Thanks for confirming the point that you are clueless on the subject.

The point Mr. McDaniel and others are trying to make is that the California legislators ARE the problem - refer to the recent bill recently approved described below:

Governor Arnold Schwarzenegger saying No bills will get signed until there is a budget is necessary, but not sufficient. Governor Schwarzenegger should simply say NO to bad legislation - at any time, period.

In a scathing op-ed piece titled California Association of Realtors: Pick a Lane! Donie Vanitzian, co-author of the Los Angeles Times Associations column, blasts Gary Quackenbush and the California Association of Realtors (CAR) for their support of Assembly Bill 2259, which she characterizes as "a farce, a contradiction in both terms and alliances", then goes on to describe how she put CAR, Los Angeles Mayor
Villaraigosa, and Congressman Rosendahl's on notice about the problems with A 2259. "Remarkably, Assembly Bill 2259 now contradicts provisions written into Assembly Bill 980 sponsored by none other than, the California Association of Realtors" Vanitizian writes.

Vanitzian then concludes that "CAR and the California legislature want it both ways", indicating that CAR and the legislature want to "decide whether or not a homeowners association can amend, rewrite, and restate covenants, conditions, and restrictions as it relates to renters and rental property." That the only reason this piece of legislation is now getting attention is "because of the housing crunch", and that "just as CAR appeared to have failed in performing the vital due diligence in pushing Assembly Bill 980, so too, they failed to perform the proper due diligence with Assembly Bill 2259. The difference this time? I refuse to tip them off as to what conflicts exist." Shewrites.

Never mind that the Orange County BoS want to obsolete common interest developments (as in getting rid of the "islands in the county"

Never mind that AB2259 is a classic example of the Bigger Governmentparadigm we are now all too familiar with: Assembly Bill 2259establishes a California Building Rehabilitation Code Advisory Council ("Council") to advise the advisory panels of the State Building Standard Commission on the possible adoption of state buildingrehabilitation guidelines.

Specifically, this bill: Establishes the Council with an UNSPECIFIED NUMBER of members, all appointed by the director of the Commission.Members shall include, but not be limited to
representatives from the following organizations:

* California Building Standards Commission;
* Department of Housing and Community Development;
* Division of the State Architect;
* Office of the State Fire Marshal;
* California Energy Commission;
* League of California Cities;
* California State Association of Counties;
* California Building Industry Association;
* Building Owners and Managers Association;
* County Building Officials Association of California;
* California Building Officials;
* American Institute of Architects California Council;
* California Apartment Association;
* Structural Engineers Association of California;
* Concrete Masonry Association of California and Nevada;
* California Hotel and Motel Association;
* Consulting Engineers and Land Surveyors of California;
* California Business Properties Association; and,
* California Association of Realtors.

And directs the Council to make recommendations and yada, yada,
yada....................

We have asked CAR to comment on Vanitzian's op-ed piece, but have notheard from them.

* This is the California Legislature
* This is your CID wallet
* Any Questions?

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