DarleneD1 (California)
Posts: 9
Posts: 9
Posted:
Update on my 2017 comment,
"DarleneD1
(California)
04/12/2017 2:08 AM
I'm having a similar issue in California. Original developers defaulted on bank loan, so bank foreclosed and auctioned off subdivision, prior to completion, without considering, or even informing purchaser of CC&R, who in turn, never formed or started an HOA. Each pool area, is 1/14 owned as common interest by each homeowner, who's property adjoins a common area. As people started purchasing homes, they all just agreed on a property owner collect fees to maintain the pool. Some 10 years ago,someone thought it a good idea to have their real estate friend draw up HOA legal forms and started using the name to place liens on homes, then sell to a community homeowner for dirt cheap. All this under the fraudulent title of president and secretary of Country Club Village pool1 area a HOA. This apeared to be coercion and fraud, as well as theft, to me. Then they placed 3 illegal liens, illegally, so I took the lady who placed the liens to court, but my attorney was incompetent and charged me $12000 for nothing. No liens removed, no assessments removed, no damages awarded, no attorney or legal fees reimbursed. He claimed to settle in mediation, without my consent, then I found out he settled out of court. I refused to sign the settlement agreement, so he tricked me into signing it, (disguising it as another document). He also filed the quiet title He then closed the case in complete and full prejudice, again without my consent. Then he filed in small claims on me, claiming I owe him $6000+. under Auto Tort, as well as mixing another unrelated case in with the summons.
Now, the lady who placed the liens, sold her house and bailed, leaving everything with her friend, the one who started the fake HOA, who in turn, fraudulently signed into contract with Desert Resort Management, Associa, claiming to be authorized by the Board of Directors, (that doesn't exist)to sign into contract on their behalf, after voting to have Associa manage our pool area. Which consists of, literally, the pool, pump and filter. When I went to Associa, informing them of the fraud, they ignored me, claiming they didn't need homeowners consent or vote, for the board voted on our behalf and set up an election meeting to vote in Board Members. If they were elected by our Board, then why do they need to elect a Board? Hmmm.
Of course they lied and sugar coated the whole HOA benefits speel and how having a management company is a must, because Managing an HOA is way too complicated, so nobody listened to what I had to say, so I never went to the second meeting, but apparently 2 members were voted in, but neither live in the neighbourhood, they just own rentals. Now Associa has raised the fee from $500 to $625, with assessments of $150 for photo copies and envelops and $200 for attorney fees, etc., etc..
I've refused to pay, as well as, sign anything they've tried to get me to sign. Now they are threatening to add more liens on my property.
I need a new roof, but can't get a loan because of, one, the liens against the property from the first lady and two, I got behind on the taxes, paying the lousy attorney, who I'm currently in a lawsuit against. I don't know where else I can turn. I'm in the process of getting a complaint off to the State Bar, but the court date is in 7 days and I can't afford anymore lawyers fees. I also can't get local law enforcement or the DA to file criminal charges for , fraud, coercion, tax fraud, illegal dept collection practices. The Attorney General won't do anything either. In fact, the Attorney General said all they can do with an HOA not complying within the law, is send them a warning letter, but it's up to them whether to listen or not.
If I were to commit fraud, I'd be in Jail so fast, my head would spin, but because they claim to be an HOA, they're exempt from the law. What is wrong with the minds of these politicians and law enforcement agencies, that treat HOA's like they and their policies supercede all government agencies and laws, when they are nothing more than a swarm of childish thievin, bullies that were never taught how to play well with others, or that there are consequences to their actions. Everybody acts like they're scared of their acting out and causing a scene. Who's being childish now? Are the people who are supposed to protect us from being victimized by con artists, with all the laws, bylaws, rules and regulations can't come up with a way of policing and stopping these corrupt, heartless, overzealous, bullies from hurting your neighbours, by the tens of thousands, from one end of the country to the other? REALLY???"
Associa had their attorney, place a lien on my property and go through the foreclosure process.
I went to every government and law enforcement agency, I could think of. They all said, " It's a civil matter, take them to court.", which I see it as a criminal matter, but what I think, doesn't matter.
The foreclosure sale date was set for, Nov. 13, 2019. On Oct 15,2019, I wrote a 3 page letter,to the alleged HOA and Associa's attorney, stating the 6 reasons why the lien and foreclosure were illegal, and would not stand up in court.
I advised them to release the lien and withdraw the foreclosure, cancelling the sale and remove all fees, assessments and fines, from my account, since it was all done illegally.
I stated that I would assume that prior to receiving my letter, they were ignorant of the fraud and corruption involved in the forming and running this illegal HOA, but now that I have informed them, they had to satisfy my request, or I would have no choice, but file a complaint with the State and American Bar Association, 8n regards to their involvemebt with a criminal organization and would sell my house, to use the proceeds to fund the $50,000 - $100,000 lawsuit, to finally stop this hanious corruption.
IT WORKED!!!!!
I received the lien release and foreclosure, all charges dessist notice, on Oct. 30, 2019.
I spent $25.50 (postage) and 7 years, total, fighting this.
I do still need to file a civil suit against them and try to get a Judge to order a criminal investigation, in order to ensure they don't try to come back after me, or my property, again, or do this to anybody else in the community. But for now, at least, my home and I are safe.
To everybody else, beng robbed, harassed and/or threatened by an illegal HOA, in California and need some suggestions on what to do, you can email me at, [email protected]. I won't guarantee I can help, for I'm not a legal professional, in anything, but a Homeowner, tired of being the victim and refused to take, " NO! ", for an answer.
To all homeowners, being victimized by your HOA, or other Homeowners in your community, I wish you all Good luck and never give up, give in, or let them make you think you are in the wrong. Because 9 times out of 10 you're not.
Remember that if David could beat Goliath, you can beat your HOA.
"DarleneD1
(California)
04/12/2017 2:08 AM
I'm having a similar issue in California. Original developers defaulted on bank loan, so bank foreclosed and auctioned off subdivision, prior to completion, without considering, or even informing purchaser of CC&R, who in turn, never formed or started an HOA. Each pool area, is 1/14 owned as common interest by each homeowner, who's property adjoins a common area. As people started purchasing homes, they all just agreed on a property owner collect fees to maintain the pool. Some 10 years ago,someone thought it a good idea to have their real estate friend draw up HOA legal forms and started using the name to place liens on homes, then sell to a community homeowner for dirt cheap. All this under the fraudulent title of president and secretary of Country Club Village pool1 area a HOA. This apeared to be coercion and fraud, as well as theft, to me. Then they placed 3 illegal liens, illegally, so I took the lady who placed the liens to court, but my attorney was incompetent and charged me $12000 for nothing. No liens removed, no assessments removed, no damages awarded, no attorney or legal fees reimbursed. He claimed to settle in mediation, without my consent, then I found out he settled out of court. I refused to sign the settlement agreement, so he tricked me into signing it, (disguising it as another document). He also filed the quiet title He then closed the case in complete and full prejudice, again without my consent. Then he filed in small claims on me, claiming I owe him $6000+. under Auto Tort, as well as mixing another unrelated case in with the summons.
Now, the lady who placed the liens, sold her house and bailed, leaving everything with her friend, the one who started the fake HOA, who in turn, fraudulently signed into contract with Desert Resort Management, Associa, claiming to be authorized by the Board of Directors, (that doesn't exist)to sign into contract on their behalf, after voting to have Associa manage our pool area. Which consists of, literally, the pool, pump and filter. When I went to Associa, informing them of the fraud, they ignored me, claiming they didn't need homeowners consent or vote, for the board voted on our behalf and set up an election meeting to vote in Board Members. If they were elected by our Board, then why do they need to elect a Board? Hmmm.
Of course they lied and sugar coated the whole HOA benefits speel and how having a management company is a must, because Managing an HOA is way too complicated, so nobody listened to what I had to say, so I never went to the second meeting, but apparently 2 members were voted in, but neither live in the neighbourhood, they just own rentals. Now Associa has raised the fee from $500 to $625, with assessments of $150 for photo copies and envelops and $200 for attorney fees, etc., etc..
I've refused to pay, as well as, sign anything they've tried to get me to sign. Now they are threatening to add more liens on my property.
I need a new roof, but can't get a loan because of, one, the liens against the property from the first lady and two, I got behind on the taxes, paying the lousy attorney, who I'm currently in a lawsuit against. I don't know where else I can turn. I'm in the process of getting a complaint off to the State Bar, but the court date is in 7 days and I can't afford anymore lawyers fees. I also can't get local law enforcement or the DA to file criminal charges for , fraud, coercion, tax fraud, illegal dept collection practices. The Attorney General won't do anything either. In fact, the Attorney General said all they can do with an HOA not complying within the law, is send them a warning letter, but it's up to them whether to listen or not.
If I were to commit fraud, I'd be in Jail so fast, my head would spin, but because they claim to be an HOA, they're exempt from the law. What is wrong with the minds of these politicians and law enforcement agencies, that treat HOA's like they and their policies supercede all government agencies and laws, when they are nothing more than a swarm of childish thievin, bullies that were never taught how to play well with others, or that there are consequences to their actions. Everybody acts like they're scared of their acting out and causing a scene. Who's being childish now? Are the people who are supposed to protect us from being victimized by con artists, with all the laws, bylaws, rules and regulations can't come up with a way of policing and stopping these corrupt, heartless, overzealous, bullies from hurting your neighbours, by the tens of thousands, from one end of the country to the other? REALLY???"
Associa had their attorney, place a lien on my property and go through the foreclosure process.
I went to every government and law enforcement agency, I could think of. They all said, " It's a civil matter, take them to court.", which I see it as a criminal matter, but what I think, doesn't matter.
The foreclosure sale date was set for, Nov. 13, 2019. On Oct 15,2019, I wrote a 3 page letter,to the alleged HOA and Associa's attorney, stating the 6 reasons why the lien and foreclosure were illegal, and would not stand up in court.
I advised them to release the lien and withdraw the foreclosure, cancelling the sale and remove all fees, assessments and fines, from my account, since it was all done illegally.
I stated that I would assume that prior to receiving my letter, they were ignorant of the fraud and corruption involved in the forming and running this illegal HOA, but now that I have informed them, they had to satisfy my request, or I would have no choice, but file a complaint with the State and American Bar Association, 8n regards to their involvemebt with a criminal organization and would sell my house, to use the proceeds to fund the $50,000 - $100,000 lawsuit, to finally stop this hanious corruption.
IT WORKED!!!!!
I received the lien release and foreclosure, all charges dessist notice, on Oct. 30, 2019.
I spent $25.50 (postage) and 7 years, total, fighting this.
I do still need to file a civil suit against them and try to get a Judge to order a criminal investigation, in order to ensure they don't try to come back after me, or my property, again, or do this to anybody else in the community. But for now, at least, my home and I are safe.
To everybody else, beng robbed, harassed and/or threatened by an illegal HOA, in California and need some suggestions on what to do, you can email me at, [email protected]. I won't guarantee I can help, for I'm not a legal professional, in anything, but a Homeowner, tired of being the victim and refused to take, " NO! ", for an answer.
To all homeowners, being victimized by your HOA, or other Homeowners in your community, I wish you all Good luck and never give up, give in, or let them make you think you are in the wrong. Because 9 times out of 10 you're not.
Remember that if David could beat Goliath, you can beat your HOA.