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Subject: Beat Illegal HOA
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DarleneD1
(California)

Posts:8


11/07/2019 1:09 PM  
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.
MelissaP1
(Alabama)

Posts:8711


11/07/2019 3:16 PM  
You do not "NEED" to file a lawsuit. Just walk away already. Let it go. You came out on top with your house and lien/foreclosures dismissed. Your just stirring the pot by wanting a criminal investigations or civil suits. If it's an illegal HOA you don't have a case against them anyways. The court can only make you "whole". Criminal is usually against individuals. So your basically asking to send a neighbor to jail.

So don't see the need for civil suits or criminal investigation. I see a reason to move on and be happy not to be living in a HOA.

Former HOA President
NpS
(Pennsylvania)

Posts:3865


11/07/2019 8:22 PM  
Posted By MelissaP1 on 11/07/2019 3:16 PM
Just walk away already. Let it go. You came out on top with your house and lien/foreclosures dismissed. Your just stirring the pot by wanting a criminal investigations or civil suits.


Good advice Melissa.

Sikubali jukumu. Read all posts at your own risk.
JohnC46
(South Carolina)

Posts:8827


11/08/2019 10:14 AM  
Darlene wants a pound of flesh.
GenoS
(Florida)

Posts:3328


11/08/2019 7:09 PM  
The IRS would be very interested to know about the situation. If it has been going on long enough the total amount might be substantial. If any of the directors who got paid, and even maybe the HOA itself for ignoring its responsibilities, are found to owe back taxes, then the IRS has a whistleblower program that entitles the whistleblower to up to 25% of all back taxes, interest, and penalties. I understand it's not a quick process and sometimes the IRS decides it has better things to do, but the awards can and do happen.

If I was in her position I'd do some quick math to see how much money could be involved over the years. If my estimate was large enough, say $100,000 or more, I'd make that phone call faster than you can dial 4-1-1. Wouldn't make any friends that way, but at that point I'd be looking for the escape hatch anyway before the possible penalties hit.
DarleneD1
(California)

Posts:8


11/09/2019 12:48 AM  
The reason why I feel the need to file a lawsuit, is so that they won't come after me, in the future, for frivolous charges, starting another foreclosure. As well as preventing them, from victimizing anybody else.
There are too many control freaks, committing fraud, embezellment, cohersion, corruption, and all other possible crimes, within HOAs, all over the world and that's ok?

If you local, county, state or federal government did to Americans, what HOAs do to their citizens. American's would be in an uproar and demanding heads on a platter.

If I have to bring a community (14 homeowners) to court, to protect mine and others rights and end their preditory corruption, while bringing to light, what is really going on with HOAs, then so be it.
I can't relax, and feel it's over, when they have tried twice, to take my home from me and twice from the previous owner.

They are not going to give up, that easily, so until there is a court order to dissolve the Illegal entity with a lifetime suspension, I won't be satisfied that I'm free and clear of their antics.
PaulJ6
(New York)

Posts:351


11/09/2019 3:28 AM  
DarleneD1, I'm very happy to see your story, and thank you!

I'd let it go for now and would not file a lawsuit. I've sued my homeowners' association. Even if you win, a lawsuit can be extremely expensive and time-consuming, and the HOA will get very angry and may well retaliate.

Right now, you've won. Let it go and hold off on a lawsuit unless the HOA does something more.
DarleneD1
(California)

Posts:8


11/09/2019 7:23 PM  
PaulJ6 They have done something wrong. They are not a legal HOA. They are a group of rogue homeowners that are bullying the neighborhood.

They can get as mad as they want. They are committing several types of fraud, cohersion, embezellment, theft, extortion, harrassment, missappropriation of funds, Misrepresentation, etc., etc.

If I just allow it to go on and do nothing, then I am no better than the ones committing the crimes.

How can you all say that the should be allowed to continue with blaten corruption.

Is it not these rogue and corupt people , that are the very reason as to why HOA has become a bad word and sour taste in everybody's mind.

They are the very reason why society is fighting against HOAs and trying to get government to regulate them, yet you are all telling me that what they are doing is OK and let them continue committing the crimes and austrosity - AMAZING!!!!

Are there no morals and conscience in society, anymore? Or has society given up and given in to all that is wrong?

I refuse to conform to the criminal aspect of the world. I still believe in treating others as I wish to be treated, respect others, give a helping hand and always try to right a wrong, when possible.

What do you believe in, everyone? If they are getting away with it, then why stop them? Sad...

GeorgeS21
(Florida)

Posts:1373


11/09/2019 7:36 PM  
Everyone does not have a bad taste about HOAs, but you clearly do. Sorry to hear how you feel.

My two HOAs are doing very well, are well managed, and reflect the interests of the property owners.

Perhaps you are in the wrong forum? This one is to assist Boards and property owners in a positive way.
PaulJ6
(New York)

Posts:351


11/10/2019 2:59 PM  
Darlene, yes, they have done bad things.

You've beat them.

I have sued a HOA before. After I got what I wanted, I stopped. Do the same.

I'm a lawyer. You're not assured of getting what you want, and it's unlikely that a court would require some of the things that you're seeking, even if you spend a lot of money on legal fees.

So while I'm pulling for you and I'm very happy with what you've done, I suggest that you hold off on doing more. At least for now.
PaulJ6
(New York)

Posts:351


11/10/2019 3:24 PM  
If you want the following:

"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."

For a civil suit: what are your monetary damages, or what are the precise illegal acts that they are currently doing? You usually can't recover legal fees, and simply being slimeballs isn't illegal. Are you prepared to spend $100k on litigation, which is what a "real" lawsuit often costs?

You won't be able to get a judge to order a criminal investigation. You could report them to the police, or perhaps get a lawyer to try to get the district attorney to do something, but you can't get a judge to do a criminal investigation. That's not how the US legal system works.

My recommendation, as a lawyer who has sued his own HOA before: battle them when they do something illegal that damages you in the future.

MelissaP1
(Alabama)

Posts:8711


11/10/2019 3:27 PM  
I agree with PaulJ. The police are the ones you involve with criminal law. Police can not drop charges but make them. Who in the case of a HOA would this fall onto then? A HOA is a group it is not an individual. It's also most likely incorporated.

My advice still stand. Time to turn over a new leaf cause the last leaf was headed down the drain to "It's" lair....

Former HOA President
DarleneD1
(California)

Posts:8


11/11/2019 6:35 AM  
What part of illegal, do you people, not understand? Maybe I should say it's a fraudulent HOA, Corrupt HOA, Non Existent
HOA?
One person created all this, but as far as charging a group of people...do the police not arrest and charge the Mafia, because they are a group of people, or 1%er Motorcycle Clubs are never sought after by law enforcement, for all their alleged criminal activities, or human traffic rings, child pornography rings, cause they are all made up of numerous people?

Really? This is amazing, that I actually have to take the time to spell it out, in layman's terms, cause you are all so delusional, about the fact the there are evil people, that use the title, "HOA", for their own financial gain, as well as to to be center of attention, by trying to control a whole community.

THERE ISN'T EVEN A CC&R, FOR OUR NEIGHBORHOOD AND THE VERY PERSON, WHO STARTED THIS FRAUD, GOT THE DEED FOR THE POOL AREA ADDED TO THEIR PROPERTY AND TOOK OUT A $680,000 EQUITY LOAN ON IT, SO A SAVINGS AND LOANS, IN COVINA CA, CA HOLDS TITLE.

That's just 2 issues, out of a 2 page list of criminal activities, but NOTHING CAN BE DONE???

GET REAL AND QUIT TRYING TO SUGAR COAT IT, SO IT LOOKS like an innocent little Puppy, ehen it's really a huge stinky elephant, in the middle of the room!!!!
GeorgeS21
(Florida)

Posts:1373


11/11/2019 6:49 AM  
DD,

Time for you to go to court - it is a great stage for a short rant, so ya might consider fewer words.

On the other hand, the judge may find you nutty.

Could go either way.
MelissaP1
(Alabama)

Posts:8711


11/11/2019 8:40 AM  
So if there is no HOA in existance and you are NOT a member of any HOA... Who are you actually suing? How can you sue a HOA that you are NOT a member of and thus would have no case against? If you sell, then you have no case then either because you not an HOA member to have a case about suing over a HOA matter.

Basically you need to give this up and move on. Your not a member of a HOA right? So stop acting like you are. Done.

Former HOA President
AugustinD


Posts:1990


11/11/2019 11:00 AM  
Posted By DarleneD1 on 11/11/2019 6:35 AM
What part of illegal, do you people, not understand? Maybe I should say it's a fraudulent HOA, Corrupt HOA, Non Existent HOA? [snip for brevity] ...This is amazing, that I actually have to take the time to spell it out, in layman's terms, cause you are all so delusional, about the fact the there are evil people, that use the title, "HOA", for their own financial gain, as well as to to be center of attention, by trying to control a whole community.

THERE ISN'T EVEN A CC&R, FOR OUR NEIGHBORHOOD AND THE VERY PERSON, WHO STARTED THIS FRAUD, GOT THE DEED FOR THE POOL AREA ADDED TO THEIR PROPERTY AND TOOK OUT A $680,000 EQUITY LOAN ON IT, SO A SAVINGS AND LOANS, IN COVINA CA, CA HOLDS TITLE.

That's just 2 issues, out of a 2 page list of criminal activities, but NOTHING CAN BE DONE???


It is not surprising that you have reported this fraud but been told it is a civil court matter.

You have to prove fraud. Like Paul posted, this is a long, expensive and arduous process. I know it's frustrating to read the latter. But one must try to live in reality, meaning you do all you can but there does come a time when, practically speaking, one has to cut one's losses (by way of losses of time and energy).

Posted By DarleneD1 on 11/07/2019 1:09 PM
Update on my 2017 comment [snip for brevity] 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.


You seem to have a better case against this former attorney. Have you reported him to California's Disciplinary Board? Start here: http://www.calbar.ca.gov/About-Us/News-Events/California-Bar-Journal/Attorney-Discipline . Since you were this attorney's client, the latter is far more likely to pay attention.

Posted By DarleneD1 on 11/09/2019 7:23 PM
Are there no morals and conscience in society, anymore? Or has society given up and given in to all that is wrong?
Speaking as an older person, I think ethics in corporate America (including HOAs) has become rare. Corporate decision-making is either all about the almighty buck, or in the case of HOAs, the HOA board's and HOA manager's ego "validation." How does one cope? I think reading a lot about people's experiences here at hoatalk can help. Also, while boards make unlawful decisions often, I think one has to consider:

-- today's climate, where a President thinks he is above the law in ways never before seen. I think the citizenry of the United States is taking lessons from Will Gardner (a fictitious attorney from a TV serial) and thinking they can apply the prevarication attorneys necessarily must practice to their daily, non-attorney lives. 'It is destroying the fabric of society.'

-- how backed up the courts are. Judges are saying how they just cannot get their heads above water with their dockets. Judges do not like their jobs and do not feel paid enough. They are grumpy and do not want small-ass cases in their courts.

-- Attorneys increasingly are interested only in cases that will make them not merely money but a truckload of money. One has to pick one's battles or lose one's peace and enjoyment of life. Your fraudulent HOA likely has no meaningful money.

On the plus side, I do find that on a local level, people do step up and help one another, even perfect strangers, all the time.

Else I think Paul is right.
JohnC46
(South Carolina)

Posts:8827


11/11/2019 2:54 PM  
Darlene has a bone in her teeth. Once she sees how much it might cost her, she will drop that bone and we will never hear from her again. How much did you say it will cost me not to swallow my pride?
DarleneD1
(California)

Posts:8


11/12/2019 12:08 PM  
I already know how much it'll cost me and am willing to go forth,

I also know, that attorneys but not willing to take cases they are sure they're going to win.

I have spoken with five separate attorneys and all five say I have a very strong case, that can send all people involved way for a very long time and get substantial compensation.

So while you all would like to believe that these people creating the fake HOA and Associa, that assisted and manages it, are llowed to do and I have no recourse because I'm, "nutty", as onne of you referred me as, I've already done all my research and got all my ducks in a row.

$50,000 - $100,000 is nothing, compaired to the mental anguish we endured, for yrs., By these people.

So believe what you wish, but when super attorneys, are calling me, wanting to take on my case; I don't need to convince any of you, that I have a case.

...and yes, I agree, morals, values. Simpathy, apathy, patience understanding, caring and helping, as
Re all ancient words, that todays society, appears, to have no use for, or understanding of.

Technology has created a lazy, immediate gratification, self absorbed society.
That has little interest in the little guy, all the while, not taking into account, that it's the little guys money, they spend, that made big business, big and rich.

I'm just doing my part, to stop a few rentao property mogals from taking my house.
GeorgeS21
(Florida)

Posts:1373


11/12/2019 12:22 PM  
I look forward to weekly installments.
NpS
(Pennsylvania)

Posts:3865


11/12/2019 1:35 PM  
Posted By DarleneD1 on 11/12/2019 12:08 PM
I have spoken with five separate attorneys and all five say I have a very strong case, that can send all people involved way for a very long time and get substantial compensation.


Of these 5 lawyers, how many said your case is so strong that they won't charge you anything until they win the case for you?
5?
4?
3?
2?
1?
0?

Sikubali jukumu. Read all posts at your own risk.
BillH10
(Texas)

Posts:410


11/12/2019 7:13 PM  
DD, so why have you not engaged one of the five to take your case and move forward?
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