Thursday, May 31, 2007

75,000 MEMBERS OF GROUP "HOAATM" PLEAD WITH GOVERNOR SCHWARZENEGGER TO VETO THESE BAAAAAD BILLS -- YOU PROMISED YOU WOULD LISTEN TO THE PEOPLE

75,000 MEMBERS OF GROUP "HOAATM" PLEAD WITH GOVERNOR SCHWARZENEGGER TO VETO THESE BAAAAAD BILLS -- YOU PROMISED YOU WOULD LISTEN TO THE PEOPLE
2007(C) Donie Vanitzian, J.D., Arbitrator

May 31, 2007

The worst bills for owners in common interest developments with homeowner associations and boards of directors are making their way through the legislature like a runaway train and no brakes. HOMEOWNERS, IF YOU DO NOT HELP STOP THIS NOW -- YOU WILL BE IN BIG TROUBLE LATER.

Part of the problem is the California Association of Realtors, turn coats. <== OPINION! Claiming to represent real estate agents and brokers, but in realty, the mail to my articles, columns, and other publications, posits that REAL ESTATE AGENTS AND BROKERS ARE TOTALLY PISSED OFF ONCE THEY LEARN WHAT CAR IS DOING AND HOW THEY ARE DOING IT. Anyone write or call CAR and get an immediate DIRECT answer? Or did you have to beg for a succinct answer to your questions let alone get a reply? Did you wonder why that was happening? Do you understand the bills that CAR is sponsoring? Did you want CAR to sponsor bills that won't help you? Or that will increase your potential cost of doing business? Or increase your potential liability? Aren't you taking ENOUGH continuing education classes -- when the hell are they going to leave you alone so you can feed your family and have TIME to run a business?! All of this cuts into your profits by cutting into your time AWAY from your life and commitments. Isn't it is costly to be a serf of an industry with so much money? Have you asked CAR who will pay for all this? Your clients? You? Your boss? If you get sued, will CAR use your membership dues to provide a PAID DEFENSE for you? Shouldn't your membership dues be paying for something like THAT?

Contrary to OPINION POLL PUNDITS who borrow material from individuals offering to help their cause but then publish it by putting their own name to it -- or -- other HOT AIR-ALLIANCE-TYPE groups sniffing around for business by stalking homeowners and then stabbing us in the back by doing under-handed deals with the industry; the growing members of Homeowners Against Association Tyranny and Manipulation (HOAATM) don’t give two spits about Ackerman, Battin, Calderon, Correa, Dutton, Harman, Houston, Kuehl, Lowenthal, Mullin, Oropeza, and Torlakson, to name but a few. With scripted self-justification they continue to “Yea” and “Nay” as their slimy bills mature from maggots to mealworms and with eyes still closed eat their way to a Governor’s signature.

DO NOT BE FOOLED
Watch the legislative History reports, sometimes they "Yea" sometimes they "Nay" -- but one thing is for certain: THESE VOTES ARE CONTROLLED. They are controlled to make it look as if one Senator or Assemblyperson is FOR it or is NOT for it. BUT, they are all in it together like monkeys scratching the backs of campaign contributors. The ones who do not vote, or abstain, or fail to show up, are LOOKING FOR AN EXCUSE to avoid taking a side -- when in reality they are working hard behind the scenes sticking it to consumers. These legislators have a DUTY TO VOTE and show their true colors.

Apparently it is not enough to deal with the likes of the DAVIS-STUPID ACT and the CALIFORNIA LAW REVENGE COMMISSION, a wholly useless commission on a State mandated bankroll to screw things up some more, consumers must also be placated by a self-absorbed legislature whose offensive display of superiority is unsurpassed. We shall be careful not to call them what they are: CIVIL SERVANTS. How this masochistic orgy of self-righteousness ever got elected blows my mind -- and I am not alone. We have written to every Senator and Assemblyperson in the Legislature without response.


EVER TRY TO GET A LEGITIMATE CALL BACK FROM YOUR LEGISLATOR? HA!
We call, write, fax, email, we fake a smile and calm voice, but in reality we loathe you, your stupid staff, the flunkies with titles feigning interest, your demonstrably illiterate legal analysts, the so-called experts you palm us off to, and your unmitigated arrogance in thinking we actually believe that you are in a meeting, on the phone, or out of the office. Pity, you might have received your reality check sooner had political correctness not been the order of the day.

How much faster can Californians possibly tap dance to the tune of economic blackmail? California is a state plagued with massive foreclosures, unemployment, brain drain, generations of fiscal irresponsibility, budget depletions, bureaucratic gridlock, judicial incompetence, tax increases, loss of business, agriculture, trade, rental housing, and STILL it isn’t enough for Legislators to stop spending taxpayer money. Instead, their all-expense paid holiday--courtesy of taxpayers--is spent dreaming up ways to tell ME how THEY will spend MY money!

Statute after statute are borne bastards to wealthy sponsors who procreate then prostitute their illegitimate offspring to the highest subsidized bidder, who in turn agrees to cultivate the bad seeds by handing them a surname. Seemingly legitimized through adoption, these bastards look to their adoptive parents for direction and meaning. Misdirected, they run wild. These feral statutes are incorrigible and their adoptive parents, unfit. With no sense of obligation for the damage they cause, those responsible for raising their statutory beasts to maturity argue, “existing law requires” they be borne.


TELL THE SENATE, ASSEMBLY, AND GOVERNOR - *NO* - DO IT NOW!
California’s Senate and Assembly bills are increasingly irresponsible and amateurish. Most appear to be written by unskilled labor. The resulting incompetence saddles an already overburdened system, which has responded to the stress by perfecting the art of delay and diversion. That is, divert the problem elsewhere. Arbitration, mediation, administrative law judges, meet and confer, requests for resolution, and who knows what else. As the British say, “its all a wank.”

Deciphering the hieroglyphics of “legislative intent” is exhausting and expensive. Trying to somehow make the law “fit” an unjustifiable judgment is even worse. Yet that is precisely what is happening in California courtrooms. There are statutes so absurd--even judges can’t follow them. Too many times they will glance over to the attorneys that appear before them in the same courtrooms day after day for guidance and then take THEIR interpretation of the LAW! Yup, happens all the time -- and it happens to the detriment of HOMEOWNERS. GUESS WHERE THOSE BAD LAWS ORIGINATE???? These bad laws cost taxpayers hundreds of thousands of dollars while promoting a special brand of unfairness. With scales tipped favoring special interests, everyday citizens seeking justice under the repugnant law regime, simply lose. Others deplete their life savings trying to prove their innocence, let alone their case.

Consumers do not want Senate Bills 127, 528, and 948. Consumers do not want Assembly Bills 980 and 1574. These are BAD LAWS. Have the courage to kill them. Have the courage to listen to the people. While you’re at it, there’s five potholes and a broken stop sign . . .

SENATE BILL 948:

Judge on My Cousin Vinny: "You on druuuggggs?"

WHAT THE HELL KIND OF BILL IS THIS AND WHAT'S IN IT FOR HARMAN? REPEAT: I WANT TO KNOW WHAT'S IN THIS BILL FOR HARMAN?

Now owners must comply with propaganda dressed up as a mandated “educational” class. The result: bad boards remain in power indefinitely and industry hopefuls support their board campaigns - Bring on the Perks! Bring on the iron-clad contracts for money money money money, its business as usual.

— It’s not about education; it’s about opportunities for interlopers to inject themselves into private property ownership transactions.

— It is devoid meaningful enforcement; encourages the practice of law without a license; fails to provide disclosure requirements prior to purchase; prejudices “1031” exchanges for investors; discriminates against the physically challenged; creates several layers of homeownership resulting in “classes” of owners, and amounts to double taxation without representation.

— HERE’S THE BUILT-IN CONTINGENCY: It conflicts with B & P section 11018.1(c): “Unless you serve as a member of the . . . board . . . your control of the operation of the common areas and facilities is limited to your vote as a member of the association. There are actions that can be taken by the . . . board without a vote of the members of the association which can have a significant impact upon the quality of life for association members.” WHO WILL BE RESPONSIBLE FOR THIS ADMONITION WHEN ADDED TO IT: YOU CAN’T PROTECT YOUR INVESTMENT BECAUSE YOU CAN’T IMMEDIATELY SIT ON THE BOARD WITHOUT TAKING A CLASS -- OH, excuse me, you said what? You said, “BUT I PUT DOWN A DEPOSIT OF $300,000 DOLLARS, WHAT DO YOU MEAN I CAN’T SIT ON THE BOARD WITHOUT TAKIN’ A STINKIN’ CLASS!” Deals off, I not buying this place.

— It creates idiotic course requirements prejudicing titleholder rights while exempting developers; places countless contingencies on all prospective buyers, leaving sellers and sales agents holding the liability bag.

— It automatically overrides existing association governing documents that comply with Civil Code section 1363.03 creating a potential bonanza for attorneys. It fails to provide a penalty for breach, and lacks enforcement.

“Complete one course every three calendar years after becoming a member of the board.” That’s easy, get on the board, do your damage, then resign or sell within three years.

— It sets an artificially low course price of $25 to ensure its passage. Tomorrow the bill and costs will be so porked up the barbeque should feed an army of industry parasites.


SENATE BILL 127:

ANYONE WONDER WHAT IT COSTS TO PUSH A REALLY REALLY BAD BILL LIKE THIS THROUGH THE LEGISLATURE???? If this passes it will subject innocent buyers, sellers, owners and real estate salespersons to litigation and liability. The bill is redundant, poorly drafted, and has enough holes in it to make Swiss cheese look solid. Bills that are this elementary do a disservice to the public and cost homeowners in associations millions. This bill was not well thought out. Where will Senator Kuehl be when the owners living under her regime are forced to sue - only to learn that even the judge can't enforce it! Oh, never mind, I know where she'll be, over there with the industries. . .

ASSEMBLY BILLS 980 AND 1574:

IF THE AUTHORS AND THEIR STUPID SPONSORS REALLY WANTED TO PROTECT THE PUBLIC THEY WOULD BEGIN AT THE COUNTY RECORDER'S OFFICE AND PREVENT ALL UNLAWFUL RECORDATIONS!!!! But, guess what, the authors of these bills and their supporters don't want to do that!!!! ASK YOURSELF WHY NOT!!!!

They should have mandated a three week "stay" on such recordings until the owner/titleholder is notified LEGALLY BY THE COUNTY RECORDERS OFFICE **PRIOR** TO ANY RECORDATION TAKING PLACE ==> AND INCLUDE ALL TITLEHOLDERS IN COMMON INTEREST DEVELOPMENTS TO PREVENT THEIR BOARDS FROM FILING BOGUS DOCUMENTS WITHOUT OUR KNOWLEDGE.

Ask these legislators WHY they are NOT doing THAT!???

These bills are NOT about “DISCLOSURE” they are about TAKING PROPERTY AND PROPERTY RIGHTS AWAY PIECEMEAL. The two wicked sisters, AB980, AB1574 are arguably among the worst legislation in California history.

Sometimes there are SO MANY THINGS WRONG WITH A BILL its impossible to list them, but together or apart, they:

— All but halt “1031” investment property exchanges;
— By default, alter or eliminate existing and future homestead exemptions;
— Complicate and increase escrow costs, prolong the process, and
interfere with all property ownership;
— Cause unnecessary restrictions, devastating the rental market;
— Curtail commercial property purchases;
— Create a fiscal impact on the state;
— Crossover with numerous areas of existing law;
— Destroy many property rights, depleting our “bundle of sticks;”
— Encourage an influx of litigation on California’s overburdened system;
— Fail to provide mandated safeguards for abuse;
— Fail to include budgetary allocations for all County Recorder offices;
— Fail to provide qualitative methodology to support said measures, let alone their duration.
— Have a chilling effect on commerce;
— Increase paperwork for owning, buying, or selling any property;
— Increase insurance costs for owners, buyers, sellers, and real estate professionals;
— Increase mandatory dues, education, compliance requirements,
and licensing fees for all real estate professionals;
— Increase liability for all real estate professionals;
— Increase “homeless” population;
— Result in increased income for every California attorney;
— Kill mobile homeownership and sales;
— Zero-in on those who can least afford it.























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Wednesday, May 30, 2007

Winds of Change in Coto de Caza?

Winds of Change in Coto de Caza?
By Joseph Morabito, former member, CZ Master Association Board of Directors.

May 30, 2007

Hello All: It gives me great pleasure to congratulate CZ’s new leadership, Board President Zipperman, Board Vice President Yocham and Board Treasurer Hylka. I am very optimistic that this new leadership team will be open to fresh ideas, proper management of the Association in accordance their fiduciary responsibility and our governing documents and more transparency as required by new state laws. Clearly, the last Board election gives Steve, Xochi and Vince a mandate to pursue change, reform and a new agenda. We can now officially refer to the CZ Board as the Zipperman/Yocham Board. In doing their work, our new leaders should never worry about giving credit to others for good ideas because in the end only the CZ Board can turn good ideas into reality. As such, the CZ Board will be credited for their accomplishments no matter who in the community may have advanced an idea.

And, I want all to know that if I occasionally I refer to Steve as “The Zipper” or Xochi as “That Woman” since she is the only woman on the Board there to discipline the other boys, it is with no malicious intent; but rather because I have a completely uncontrollable sarcastic sense of humor. Let’s face it when you are fat, bald, short and old like I am about the only things I have working for me are great teeth, which are only visible when I am smiling, a very, very, very high IQ and my sense of humor. So, I just can’t resist the punch line. JM

P.S. I would like to thank Mr. Varo and Mr. Mezger for getting control of the Welcome Home Center, though we probably paid too high a price for it and cleaning up the transponder mess that the Glisson/Rose Board that I served on left behind so that now we can charge non-CZ Members much higher transponder fees which was not possible before. These were real accomplishments during the Varo/Mezger years that should be recognized and applauded. But, now I am pleased to say that thankfully the Varo/Mezger era is OVER.

Hi Joe:

Like you, we applaud the winds of change. Being a volunteer in any CZ capacity, is like constantly wearing a big target - not much fun, but comes with the territory.

Following your advice, we trust in the Yocham/Zipprman era. However, in less than 100 days we will verify, if this is what the community wants and needs. Since there was no dissention coming from the Yocham/Zipperman camp during the Varo/Mezger regime, the fledgling board has a lot to prove – namely that it has its own convictions. Buzz


RELATED STORIES

Coto de Caza Elections Over: Hylka in, Schlieder OutXMessrs. Varo & Mezger get another term, Schlieder is sacrificial lambX
And the streak continues ? We forecasted it here first, we can now confirm it. Hylka was elected to a seat on the CZ Master Association board of directors, while Messrs. Varo & Mezger got another shot.

Will the Real Truth Please Stand up? Who is Trying to Mislead? - CZ Master Association Board of Directors or Orange County Board of Supervisors
The June 2007 CZ Master Association President?s Letter states that he (Robert Varo, the president) ?will continue to focus on building stronger relationships with the County?, and that the city hood issue ?should have a high priority for the next Board of...

Direct Democracy and the Corrupt Delegate System in Coto de Caza
Direct democracy instruments ? as a complement to elections ? are playing an increasingly important role across the globe in involving citizens in the political process. Modern direct democracy is characterized by three pillars; referendums (initiated by...

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...

CZ Master Association Board of Directors Candidate's Night Questions
I regret that I will be out of town for CZ Master Candidate?s Night on May 10, however as a former CZ Board Member who is knowledgeable about CZ issues, I thought I would provide a list of questions to pose to the Candidates for those interested. This...

CZ Master Association - Varo & Mezger Should NOT Be Re-elected - 11 Reasons Possible Scenarios and the Keystone Effect
As a former CZ Board Member and concerned citizen, I can say without condition that Bob Varo and Jerry Mezger should not be re-elected to the CZ Board because they do not understand the foundation concepts of Board Member fiduciary responsibility, ethical...

CZ Master Association Board of Directors Candidates Night ? A Voice Of Reason
Vince Hylka emerges as a breadth of fresh air, not seen in a CZ board of directors in years! The traditional annual meeting where delegates meet to hear candidates to the CZ Master Association board of directors prior to deciding how to cast their...

WHAT COTO DE CAZA NEEDS FROM SUPERVISOR BATES
The reality is that we need just two things from Supervisor Pat Bates that should justifiably be funded by the county given the tax dollars that we pay. They are about $240,000 a year of pro-active Sheriff and/or CHP traffic patrols in Coto to deal with...

CZ Master Association Alleged Corruption and Malfeasance
Responding to a Coto Discussion Forum, Mr. Morabito writes:Hello All: Since Dave asked me to be specific concerning Varo/Mezger corruption and malfeasance, I thought I would provide a list as follows:

Coto CHP Pro-active Traffic Patrol Cause-EffectMay
The CHP enforcement hours for March 2007 are 60% below the monthly enforcement hours since the Varo/Mezger board was coerced intro bringing back the CHP (after 2005 traffic fatality). This significant drop in enforcement hours just happens to coincide...

1Q2007 Coto de Caza Crime and Vandalism Report
A comparison between the 1Q2006 and 1Q2007 Crime and Vandalism reports shows that a favorite Coto de Caza crime is fraud, that the Peter Pan Syndrome continues to be alive and well (crime is evenly distributed between kids and adults) and a criminal...

CHP in Coto - Big Mouth CZ Bob- By Joseph Morabito, former member CZ Master Association Board of Directors
Hello All: I have heard that CHP officers are not volunteering to work in Coto even for the time and a half pay they would earn. So, we are not even getting the 40 hours a week that was the original deal under Glisson/Rose. It would seem that Bob...

How many times must the CZ safety committee be formed before it can be called an association committee?
A 2006 CZ newsletter proudly announces that the ?CZ Master Association Champions Public Safety Committee?, During 2006 general CZ board meetings, the board appoints a chairman and various public safety committee members.A 2007 CZ stupid lawyer letter...


























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Tuesday, May 29, 2007

Taxes, Taxes, err Community Investments, Now Invest $26,000 To See Where Coto de Caza Taxes Go!

Taxes, Taxes, err Community Investments, Now Invest $26,000 To See Where Coto de Caza Taxes Go!
May 29, 2007

Taxes? What Taxes? Where do the CZ Master Association Taxes Go?, Let's Tax residents so we can find out!

The CZ Master Association Board of directors has announced that the County Board of Supervisors has agreed to pitch in with some $20,000 of the roughly $26,000 budgeted to "figure out where the association taxes go" - The County Clerk has no record of any request for funding from the board. Further, this "where the taxes" go is simply a way to develop propaganda to convince Coto Residents to turn Coto de Caza into a city!



Tax his land,
Tax his bed,
Tax the table
At which he's fed.

Tax his tractor,
Tax his mule,
Teach him taxes
Are the rule.

Tax his cow,
Tax his goat,
Tax his pants,
Tax his coat.

Tax his ties,
Tax his shirt,
Tax his work,
Tax his dirt.

Tax his tobacco,
Tax his drink,
Tax him if he
Tries to think.

Tax his cigars,
Tax his beers,
If he cries, then
Tax his tears.

Tax his car,
Tax his gas,

Tax all he has
Then let him know
That you won't be done
Till he has no dough.

When he screams and hollers,
Then tax him some more,
Tax him till
He's good and sore.

Then tax his coffin,
Tax his grave,
Tax the sod in
Which he's laid.

Put these words
upon his tomb,
"Taxes drove me
to my doom..."

When he's gone,
Do not relax,
Its time to apply
The inheritance tax.

Accounts Receivable Tax
Building Permit Tax
Driver's license Tax
Cigarette Tax
Corporate Income Tax
Dog License Tax
Federal Income Tax
Federal Unemployment Tax (FUTA)
Fishing License Tax
Food License Tax,
Fuel permit tax
Gasoline Tax (42 cents per gallon)
Hunting License Tax
Inheritance Tax
Interest expense
Inventory tax
IRS Interest Charges IRS Penalties (tax on top of tax)
Liquor Tax
Luxury Taxes
Marriage License Tax
Medicare Tax
Property Tax
Real Estate Tax
Service charge taxes
Social Security Tax
Road usage taxes
Sales Tax
Recreational Vehicle Tax
School Tax
State Income Tax
State Unemployment Tax (SUTA)
Telephone federal excise tax
Telephone federal universal service fee tax
Telephone federal, state and local surcharge taxes
Telephone minimum usage surcharge tax
Telephone recurring and non-recurring charges tax
Telephone state and local tax
Telephone usage charge tax
Utility Taxes
Vehicle License Registration Tax
Vehicle Sales Tax
Watercraft registration Tax
Well Permit Tax
Workers Compensation Tax

COMMENTS: Not one of these taxes existed 100 years ago,
and our nation was the most prosperous in the world.
We had absolutely no national debt, had the largest middle class
in the world, and Mom stayed home to raise the kids.
What happened?


That county study, if it in fact is happening, funded by our taxes and CZ dues is a real waste of money. We should tell the county we pay a ton in taxes which is self evident and ask for $400,000 to fund some of the maintenance of the Sports Park and double the number of hours we are now buying from the CHP. Why not just go for the end result we need instead of wasting time on a study that will tell us that we pay far more in taxes than we get back into Coto? It doesn’t take a CPA to make that case. Joe Morabito

Hi Joe:

Judge for yourself.

This Statement of Work is directly from the Donkey’s Mouth: That is, this is what the Clerk of the Orange County Board of Supervisors has on record:


Hoffman SOW One of Two

Hoffman SOW Two of Two




RELATED STORIES

WHAT COTO DE CAZA NEEDS FROM SUPERVISOR BATES
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CZ Master Association Alleged Corruption and Malfeasance
Responding to a Coto Discussion Forum, Mr. Morabito writes:Hello All: Since Dave asked me to be specific concerning Varo/Mezger corruption and malfeasance, I thought I would provide a list as follows:

Coto CHP Pro-active Traffic Patrol Cause-EffectMay
The CHP enforcement hours for March 2007 are 60% below the monthly enforcement hours since the Varo/Mezger board was coerced intro bringing back the CHP (after 2005 traffic fatality). This significant drop in enforcement hours just happens to coincide...

1Q2007 Coto de Caza Crime and Vandalism Report
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How many times must the CZ safety committee be formed before it can be called an association committee?
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Invite to Dedication of Fallen Sheriff’s Deputy Matt Davis

Invite to Dedication of Fallen Sheriff’s Deputy Matt Davis
May 29, 2007

The Orange County Sheriff’s Department and the City of Mission Viejo extends and invitation to the Grand Opening of Sergeant Matt Davis Park in Mission Viejo on Tuesday, May 29, 2007 at 3:30pm.

The City’s newest park is located at 26210 Camino Largo in Mission Viejo.
Sergeant Matt Davis passed away on September 22, 2002 as a result of a traffic collision while on-duty in the City of Mission Viejo. He is survived by his wife and three children.


RELATED STORIES

Who Shot the OC Sheriff? - OCBOS!
In a vote reminiscent of the CZ Master Association Board of Directors calling the CHP extortionists during open board meetings, the Orange County Board of Supervisors voted 5-0 today to develop a plan for a plan to form a civilian review panel to oversee...

Coto CHP Pro-active Traffic Patrol Cause-EffectMay
The CHP enforcement hours for March 2007 are 60% below the monthly enforcement hours since the Varo/Mezger board was coerced intro bringing back the CHP (after 2005 traffic fatality). This significant drop in enforcement hours just happens to coincide...

1Q2007 Coto de Caza Crime and Vandalism Report
A comparison between the 1Q2006 and 1Q2007 Crime and Vandalism reports shows that a favorite Coto de Caza crime is fraud, that the Peter Pan Syndrome continues to be alive and well (crime is evenly distributed between kids and adults) and a criminal...

WHAT COTO DE CAZA NEEDS FROM SUPERVISOR BATES
The reality is that we need just two things from Supervisor Pat Bates that should justifiably be funded by the county given the tax dollars that we pay. They are about $240,000 a year of pro-active Sheriff and/or CHP traffic patrols in Coto to deal with...

CHP in Coto - Big Mouth CZ Bob- By Joseph Morabito, former member CZ Master Association Board of Directors
Hello All: I have heard that CHP officers are not volunteering to work in Coto even for the time and a half pay they would earn. So, we are not even getting the 40 hours a week that was the original deal under Glisson/Rose. It would seem that Bob...

How many times must the CZ safety committee be formed before it can be called an association committee?
A 2006 CZ newsletter proudly announces that the ?CZ Master Association Champions Public Safety Committee?, During 2006 general CZ board meetings, the board appoints a chairman and various public safety committee members.A 2007 CZ stupid lawyer letter...


























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Saturday, May 26, 2007

CZ Master Association District Delegates Want C.H.A.N.G.E!!

CZ Master Association District Delegates Want C.H.A.N.G.E!!
Freshman Hylka gets mandate, receiving more votes than all three incumbents combined!

May 26, 2007

Preliminary results of the 2007-2008 CZ Master Association board of directors election held May 24, 2007, indicate that the district delegates responsible for electing three directors from incumbents Varo, Mezger and Schlieder, and newcomers Hylka and Zurovski, have decided the community needs change.



The report we filed May 10, 2007 documenting Candidate’s Night, a time when candidates running for a seat on the CZ Master Association board of directors get to field questions from the delegates, we concluded that “Clearly Vince Hylka is a breadth of fresh air, something the community has lacked for more than four years.” Our call to action to district delegates was:

“We urge the non-aligned delegates to use cumulative voting to elect Vince Hylka – that is, use all you allocated votes to elect Hylka. Any other combination will result in re-electing the incumbents”



Election results show the wisdom of the non-aligned delegates, as there were enough independent votes to vote in the two newcomers – but the delegates were not willing to risk the Keystone Effect (at least one of the three “independent election inspectors” is part of Messrs. Varo/Mezger propaganda machine.


Preliminary results of the 2007-2008 CZ Master Association BOD Elections

Candidate Status Total Votes
Vince Hylka
Bob Varo

Jerry Mezger

Lyle Schlieder

Michael Zuvoski
New candidate
Incumbent CZ president

Incumbent

Incumbent

New candidate
5,450
1,335

1,093

1,024

206


These results prompted the following response from former CZ director Joseph Morabito:

All: It seems the message did in fact get through to Delegates concerning Bob Varo and Jerry Mezger. Normally incumbents should be the highest vote getters; but in this case new comer Vince Hylka took the prize

It is very clear that this overwhelming vote for Vince Hylka is a vote for fresh ideas and change and a repudiation of Bob Varo and Jerry Mezger. All votes combined for incumbents did not come anywhere close to Mr. Hylka’s total which is amazing. I don’t think I have ever seen a CZ election quite like this one. Vince Hylka should be congratulated on his brilliant election victory. When I was elected with the highest vote count that year, I got about 2500 votes as an incumbent. So, this really is a landslide for Hylka falling on Varo and Mezger. Be assured, if we had professional pundits calling this election that is exactly what would be said. So clearly, the vast majority of Delegates agree that Varo and Mezger are incompetent, unethical and corrupt since they voted for a new comer instead of incumbents. Cards talk and numbers don’t lie. Though Varo & Mezger were re-elected it was with NO MANDATE or support for their fiascos. Varo & Mezger should be recalled from office. However, at least for now justice has been done. Joe Morabito

Consider that these results are in spite of the Keystone Effect (at least one “independent election inspector” is directly involved with the Varo/Mezger propaganda machine, and the OC Regsiter’s reporting (no significant difference in the candidates). Hence the message is loud and clear – Vince has a mandate to bring back common sense to the running of the association.



There were enough votes to vote Vince and Michael in, but the delegates did what we hoped they would do – not take a chance and go for the marbles.



The question is whether Yocam and Zipperman will finally stand up to be counted.



In our recently derived Pinnacle Principle, we hoped Vince would be part of the X-factor- it is now confirmed he is. Now Yocham and Zipperman can be part of the X-factor needed to bring back Common Sense to CZ, or they can find X-cuses to maintain the status quo. Buzz


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And the streak continues ? We forecasted it here first, we can now confirm it. Hylka was elected to a seat on the CZ Master Association board of directors, while Messrs. Varo & Mezger got another shot.

Paraphrasing the OC Register on coverage of CZ Master Association Candidate?s Night.
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Direct Democracy and the Corrupt Delegate System in Coto de Caza
Direct democracy instruments ? as a complement to elections ? are playing an increasingly important role across the globe in involving citizens in the political process. Modern direct democracy is characterized by three pillars; referendums (initiated by...























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Friday, May 25, 2007

Law Enforcement – Evil, Necessary Evil, Or Noble Profession and Role Model?

Law Enforcement – Evil, Necessary Evil, Or Noble Profession and Role Model?
CHP: Extortionists, hired hands, brusque patrolmen, provocateurs,

You wanted Mayberry RFP, we got Coto CHP

May 25, 2007

In open societies, we posit that law enforcement follows Winstren’s Law: Law Enforcement Goes Where it is Needed and Stays Where it is Wanted



So what happens in communities such as Coto de Caza where the board of directors fires the CHP, without an alternative to pro-active traffic patrol? Then when the same board is coerced into bring the CHP back after the first traffic fatality in the community, the board president calls CHP management extortionists in open board meetings. When board members were are asked if they agreed with the board president that CHP were extortions, the results were the same as the recent decision by the Orange County Board of Supervisors, when unanimously, the sups decided they did not trust Sheriff Carona was competent enough to manage the organization and voted 5-0 to plan for an oversight committee.



The May 25, 2007 issue of the OCR details an alleged encounter between the author of Behind the Gates column and a CHP agent. In the encounter, the hero of the story is the columnist, who after supposedly breaking posted speed limits, refuses to take responsibility for his actions: “I was actually coasting down a hill so I didn’t even have my foot on the gas “ and instead blames law enforcement using non-neutral terms like: “The patrolman brusquely asked me for the usual stuff” and “He asked me why was I in such a damn hurry and if I thought my Mercedes owned the road”. Apparently such encounter leads the author to a disruptive moment: “That’s when it dawned on me – police need to be part of the fabric of your community, not some hired guns without any vested interest”.

Is it any wonder that the CHP enforcement hours within Coto de Caza have been reduced significantly (60%) during 1Q2007, given that these extortionists, hired hands have been denied a yearly contract by the CZ Master Association and instead have settled for a quarterly one? Is it any wonder that other communities like Ladera Ranch are getting their share of CHP enforcement hours, or is it because Ladera Ranch leaders have made a “public spectacle”, as board members Varo/Mezger argue?



Law Enforcement Goes Where it is Needed and Stays Where it is Wanted

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WHAT COTO DE CAZA NEEDS FROM SUPERVISOR BATES
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How many times must the CZ safety committee be formed before it can be called an association committee?
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The Pinnacle of Awareness & The Law of Attribution

The Pinnacle of Awareness & The Law of Attribution
Corrupt Delegate System and Keystone Effect

May 25, 2007



Effective managers often take a “management by exception” approach. A popular problem-solving tool used in management similar to the “management by exception approach” is a Pareto Analysis, commonly referred to the 80-20 Rule: The notion that 80% of the opportunities are found in 20% of the options – or in the words of Management Guru Juran: The identification of the vital few from the trivial many.



Burberry Chief Executive Officer Angela Ahrendts, “On her third day as CEO of Burberry asked Burberry Chief Financial Officer Stacey Cartewright for a report on what each product contributed to the business: 80% of Burberry’s sales came from 20 of its Wares”! – WSJ, may 24, 2007

It does not take a rocket scientist to realize that 80% of the problems with the fiscal management of the CZ Master association can be found in 20% of the line items – a good argument for the 2007-2008 CZ Master Association BOD to conduct an independent financial audit.

A related concept in operations management, is that at best, 25% of the operational problems are visible to executives, whereas over 75% of these are visible to the worker bees. We call this concept the Pinnacle of Awareness, and illustrated by Jerry Mezger comments to critic Joe Morabito, shortly after the 2007-2008 CZ Master Association results were announced: This vote also means that virtually the entire community has tuned you out because they see how ridiculous your emails and blog are” – In fact, the election results can be attributed to the use of cumulative voting, designed to assure that a minority in the community can maintain power, not to mention the Keystone Effect, and Exhibit A to do away with the corrupt delegate system













I believe it was Jerry Mezger and Bob Varo who oppose direct popular elections in Coto, RIGHT? So Bob and Jerry support the same system that exists in Communist China, Vietnam and Cuba ? Not even Russia has this system anymore. We need three CZ Board members committed to bring direct popular elections to Coto in the spirit of new state laws in California . We need fresh ideas and true democracy in Coto. Joseph Morbito,

"You need a civics lesson. The US Presidential election isn’t even a direct popular vote. Just ask Al Gore" - Jerry Mezger, incumbent seeking another term, and the one who stated that he does not support direct elections because the CZ BOD would have to work to prevent fraud!

Jerry: I have a degree in Political Science and one in History both with a specialization in American History and Government which I taught at the junior, senior and adult school levels for six years in LA. Matter of fact, I actually taught the course designed for immigrants to become American citizens. I think I could give you a major civics lesson. Our Delegate System is nothing like the Electoral College. The reason our system needs to be replaced with direct popular election is because it does not provide the necessary checks and balances that exist in American government. The very notion that a sitting Board member is able to act as a Delegate voting on both election and the Recall of that very same Board Member is just plain corrupt. Since all current Board Members are also Delegates, if you all were a bunch of crooks and/or incompetent, it would be virtually impossible under the current system to recall the Board because the threshold for Recall is so high, that a corrupt Board could veto their own Recall which is absurd. That would be like the President acting to veto his own Recall. And, the Electoral College which was designed to protect the small states from dominance by the big states plays no role at all in the Recall process. And, further the Electoral vote is completely predicated on a winner take all system in each state dictating the vote in that state unlike our system which allows Delegates to vote for anyone they choose because district thresholds are never met.



I never did serve as a Delegate while I was on the Board because I thought to do so was wrong given our system. It was even more corrupt before we changed the rules which allowed literally anyone to represent multiple districts. I tried to convince other sitting Board Members who were Delegates at the time to change the rules to bar sitting Board Members from serving as Delegates for these very reasons; but since all were Delegates at the time corrupted by this process, I could not get it done. In any case, the laws in California have changed to encourage direct popular elections for HOA’s. As soon as we get three Board Members who support direct popular election, we can do what is necessary to end this corrupt system that no one really understands, once and for all.



Of course, since you and Bob Varo conspired with Sean Larkin in 2006 to cheat a candidate out of a Board seat, I can see why you would continue to support the current corrupt system. If this is not true, why not hold up your hand and swear to tell the truth and nothing but the truth under penalty of perjury or better yet being struck by lightening. You and Bob Varo knew very well that Sean Larkin had relocated for another job. You and Varo manipulated the 2006 election by having Larkin resign one week after the election rather than one week before which would have opened up another Board seat thereby insuring the election of one of the other candidates running that year. Instead, by intentionally playing this game you and Varo got to appoint a candidate of your liking. I call that dirty pool, unethical and despicable. But then again, you don’t seem to know where the line is concerning ethical Board Member behavior related to a variety of issues, so your actions were no surprise. Joe Morabito









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Coto de Caza Elections Over: Hylka in, Schlieder Out

Coto de Caza Elections Over: Hylka in, Schlieder Out
Messrs. Varo & Mezger get another term, Schlieder is sacrificial lamb

May 24, 2007

And the streak continues – We forecasted it here first, we can now confirm it. Hylka was elected to a seat on the CZ Master Association board of directors, while Messrs. Varo & Mezger got another shot.

Using cumulative voting, originally designed to help a minority of residents obtain power, the CZ Master Association district delegates got together May 24, 2007 at the Golf and Racquet Club and voted in freshman director Hylka and booted Lyle Schlieder.

Roughly 75% of all CZ delegates responded to the first roll call and included those from districts 1, 2, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 19, 21, 23, 24, 25, 27, 29, 30, 32, 33, 36, 37, 39, 40, 44, and 46 – a couple more delegates registered later.

2007-2008 CZ Master Association Board of Directors



Seat 1
Seat 2
Open Seat 3
Open Seat 4
Open Seat 5

Zipperman
Yocham
Varo
Mezger
Hylka


So what does this mean for the community – Not much. Although we do not agree with the OCR assertions that all the candidates have similar views on the substantive issues, unless the board is open to fresh ideas that may be advanced by Mr. Hylka, then we can predict more of the same.


Hello All: The Varo/Mezger era is over even though they remain on the CZ Board for now. Zipperman, Yocham and Hylka have the three votes they need to force reform and change in Coto. I for one would like to see the following top 10 things happen in the first 180 days:

Obviously dump Varo as Association President to prevent him from further speaking for the Association. That one is a no brainer and I assume it will happen immediately.
Establish a Committee to bring direct popular elections to Coto before the next election. I would be happy to serve.
Appoint a Supplier Selection and Contract Management Committee to assist with properly bidding contracts. I would be happy to help if asked.
Either close the Oakview/Oakknoll Gates or require a minimum of $5,000,000 of indemnification insurance from those sub-associations to properly protect CZ.
Actively seek to repair the relationship with the CHP by telling Varo and Mezger to keep their big mouths shut. This may mean a series of lunches/breakfasts to mend fences so that we can get more CHP hours.
Open up the books. Bring more transparency to CZ. We will be forming an Audit Committee soon and the law requires transparency anyway. We need to know what it actually cost to maintain the Sports Park . We need to know who is actually using our Sports Park . We need to know what we are spending on high priced Consultants or better yet, we need to get rid of high priced Consultants.
Ask the county for $400,000 to help fund maintenance of the Sports Park and the CHP.
Stop giving revenues away to outside organizations that legitimately belong to CZ.
Establish a significantly higher user fee schedule for non-CZ Members using our facilities and for transponders.
Go out to bid for property management services since it is long overdue.
Zipperman, Yocham and Hylka have the votes to implement any and all of these things. Going forward, Varo & Mezger cannot be blamed for failure to make these things happen since they no longer control the CZ Board. They are now irrelevant, thankfully. It is now up to the new guys on the block. I certainly will be watching for reform to occur. If we end up with same old, same old nothing will have been achieved with the election of a new Board Member, third vote. Joe Morabito

P.S. I may actually go to a Board Meeting to press for these reforms.

Joseph Morabito























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Wednesday, May 23, 2007

Laguna Woods Village CC&Rs, What CC&Rs? I Got Your CC&Rs Right Here!

Laguna Woods Village CC&Rs, What CC&Rs? I Got Your CC&Rs Right Here!
May 22, 2007

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.

Laguna Woods Village residents have been told that there is no such a thing as CC&Rs – come to think of it, that is what Coto residents are told regularly. Laguna Woods Village residents had to get a Title Company to certify there IS such a thing as CC&Rs! – click here for details.
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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.
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Who Shot the OC Sheriff? - OCBOS!

Who Shot the OC Sheriff? - OCBOS!
May 22, 2007

In a vote reminiscent of the CZ Master Association Board of Directors calling the CHP extortionists during open board meetings, the Orange County Board of Supervisors voted 5-0 today to develop a plan for a plan to form a civilian review panel to oversee the Sheriff's Department.

Sheriff Mike Carona and District Attorney Tony Rackauckas have gone on record opposing the move.

The question now is, who supervises the supervisors?
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Direct Democracy and the Corrupt Delegate System in Coto de Caza

Direct Democracy and the Corrupt Delegate System in Coto de Caza
May 23, 2007

Direct democracy instruments – as a complement to elections – are playing an increasingly important role across the globe in involving citizens in the political process. Modern direct democracy is characterized by three pillars; referendums (initiated by governments or legislatures or by citizens responding to legislation), initiatives (initiated by citizens) and recall votes (on holders of public office).


The use of direct democracy has grown significantly in recent years. Switzerland has the longest experience of direct democracy, dating to the 19th century. Over the past 10 years the use of direct democracy has become more widespread, especially in Latin America where it has played an increasingly important role in involving citizens in the political process.

On the other hand, administrators of enclaves such as the CZ Master Association refuse to even consider direct elections, much less direct democracy. In the words of incumbent Jerry Mezger, seeking a new term in the CZ Master Association board of directors: “direct elections means the board has to work hard to prevent fraud”. Given the number of election irregularities the CotoBuzz Journal has documented, Mr. Mezger’s double-negative can only mean that the CZ Board wants the status quo so that












I believe it was Jerry Mezger and Bob Varo who oppose direct popular elections in Coto, RIGHT? So Bob and Jerry support the same system that exists in Communist China, Vietnam and Cuba ? Not even Russia has this system anymore. We need three CZ Board members committed to bring direct popular elections to Coto in the spirit of new state laws in California . We need fresh ideas and true democracy in Coto. Joseph Morbito,

"You need a civics lesson. The US Presidential election isn’t even a direct popular vote. Just ask Al Gore" - Jerry Mezger, incumbent seeking another term, and the one who stated that he does not support direct elections because the CZ BOD would have to work to prevent fraud!

Jerry: I have a degree in Political Science and one in History both with a specialization in American History and Government which I taught at the junior, senior and adult school levels for six years in LA. Matter of fact, I actually taught the course designed for immigrants to become American citizens. I think I could give you a major civics lesson. Our Delegate System is nothing like the Electoral College. The reason our system needs to be replaced with direct popular election is because it does not provide the necessary checks and balances that exist in American government. The very notion that a sitting Board member is able to act as a Delegate voting on both election and the Recall of that very same Board Member is just plain corrupt. Since all current Board Members are also Delegates, if you all were a bunch of crooks and/or incompetent, it would be virtually impossible under the current system to recall the Board because the threshold for Recall is so high, that a corrupt Board could veto their own Recall which is absurd. That would be like the President acting to veto his own Recall. And, the Electoral College which was designed to protect the small states from dominance by the big states plays no role at all in the Recall process. And, further the Electoral vote is completely predicated on a winner take all system in each state dictating the vote in that state unlike our system which allows Delegates to vote for anyone they choose because district thresholds are never met.



I never did serve as a Delegate while I was on the Board because I thought to do so was wrong given our system. It was even more corrupt before we changed the rules which allowed literally anyone to represent multiple districts. I tried to convince other sitting Board Members who were Delegates at the time to change the rules to bar sitting Board Members from serving as Delegates for these very reasons; but since all were Delegates at the time corrupted by this process, I could not get it done. In any case, the laws in California have changed to encourage direct popular elections for HOA’s. As soon as we get three Board Members who support direct popular election, we can do what is necessary to end this corrupt system that no one really understands, once and for all.



Of course, since you and Bob Varo conspired with Sean Larkin in 2006 to cheat a candidate out of a Board seat, I can see why you would continue to support the current corrupt system. If this is not true, why not hold up your hand and swear to tell the truth and nothing but the truth under penalty of perjury or better yet being struck by lightening. You and Bob Varo knew very well that Sean Larkin had relocated for another job. You and Varo manipulated the 2006 election by having Larkin resign one week after the election rather than one week before which would have opened up another Board seat thereby insuring the election of one of the other candidates running that year. Instead, by intentionally playing this game you and Varo got to appoint a candidate of your liking. I call that dirty pool, unethical and despicable. But then again, you don’t seem to know where the line is concerning ethical Board Member behavior related to a variety of issues, so your actions were no surprise. Joe Morabito









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What is better in HOA Management? Transparency and Accountability or Feel Good?


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 room, less finger-pointing and ultimately hold these executives accountable to shareholders for their actions
The Act was approved by the House by a vote of 423-3 and by the Senate 99-0. The legislation is wide ranging and establishes new or enhanced standards for all U.S. public company boards, management, and public accounting firms. The most important part of the Act establishes a new quasi-public agency, the Public Company Accounting Oversight Board, which is charged with overseeing, regulating, inspecting, and disciplining accounting firms in their roles as auditors. The Act also covers issues such as auditor independence, corporate governance and enhanced financial disclosure. It is considered by some as one of the most significant changes to United States securities laws since the New Deal in the 1930s.

SOX requires executives to 1) Certify they know what is in the financial statements, 2) They certify that the financials are accurate and 3) There is process to guarantee 1 and 2 above.

Earlier this year, when accounting regulators gave companies new standards for valuing certain investments, according to the Wall Street Journal (April 30, 2007) FTN Financial saw an opportunity saying that their new marketing pitch was not “necessarily within the spirit” of the new accounting rule, reminiscent of the recent tax shelters peddled by big accounting firms and ultimately dis-credited by the IRS.

The current globalization initiatives place a premium on rules-based decision-making, as compared to the mostly “feel” used by FTN Financial and the CZ Master Association board of directrors.

The CZ Master Association board of directors has gone on record as saying that the HOA/CID legislation intended to bring democratization to CID non-profit organizations are mostly government intrusion and - ”micro-management”. The same board that refuses to even acknowledge the countless instance of conflict of interest, including the use of association funds in attempts to protect family and friend’s interests, or using their positions as delegates to keep a stranglehold on community politics.

Most recently, the Pentagon released (May 4, 2007) a survey with troubleing battle ethics breaches. “It is disappointing," said analyst John Pike of the Globalsecurity.org think tan referring to results of the survey "But anybody who is surprised by it doesn't understand war. ... This is about combat stress”

Eight years after the U.S. government accused Harvard University economist professor Andrei Shleifer of seeking personal profit from his management of a foreign-aid program in Russia, the university and Mr. Shleifer agreed to pay nearly $30 million to resolve civil claims. Some of the claims involve Shleifer benefiting from the open market he was creating. CZ board members like to make frequent use of GM or even Vice President Gore analogies to show themselves as victims of a conspiracy. That is, a conspiracy by critics of the board. These critics believe that family and friends of the CZ Board of directors deriving benefit from the board’s decisions is analogues to professor Shleifer’s actions.

Seems like businesses, universities and even the Pentagon are worrying about ethics

The questions for business transparency and accountability is no different that for wannabe HOA/CID politicians: What is best, Rules-Based decision making frameworks, or Feel Good frameworks?
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HOW DO OWNERS SPELL L-A-W S-U-I-T? SENATE BILL NO. 127!

HOW DO OWNERS SPELL L-A-W S-U-I-T? SENATE BILL NO. 127!

Another Legislative Bill That Will Subject Owners to Litigation After it passes

Copyright 2007 by Donie Vanitzian

May 22, 2007


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?

OPEN QUESTION to Senator Sheila Kuehl from readers to my Los Angeles Times (co-authored) COLUMN: Will YOU be there when I am forced to litigate my rights using THIS BAD BILL THAT YOU THINK IS SOOOOOOO WONDERFUL!?

If Senator Sheila Kuehl’s Senate Bill 127 passes, it will subject innocent buyers, sellers, owners and real estate salespersons to LITIGATION AND LIABILITY.

This author phoned Ms. Kuehl's offices for several days. At one office, I was told: The Senator is not here. You will have to speak with someone else.
+Will the Senator EVER be there?
We're not allowed to answer that.
+Can I make an appointment to speak with the Senator, I live in her district.
I'm afraid the Senator's calendar is booked up several months in advance, and you would have to speak with her scheduling person.
+Is that person there?
No. Is there anything else I can do for you?
+Yes, can you give me to someone else?
The person you need to speak to is "___." She's at a meeting can you call back in an hour?
+I called back.
That person is still at a meeting. Call back in 1/2 hour.
+I called back.
That person just stepped away from his/her desk. Call back in 15 minutes.
+I called back.
That person will be back in 10 minutes, call back in 10 minutes.
+I called back.
That person just went to lunch, you will have to call back after 2.pm.
+I called back.
That person just went into another meeting, would you like to leave a voice mail.
+I called back.
That person is on another line, you can hold if you want.
+I was on hold until she got back to me and said, "This person will be on the phone for a while you'll have to leave a voice mail." I asked, can someone ELSE help me?
The person said, "No, that is the ONLY person who knows what you are talking about and handles THAT."
+I called back.
That person is busy right now, what is it EXACTLY that you WANT?
+I called back.
That person has left for the day.
+I said, in a painfully polite voice, "I followed your directions patiently for the entire day. Do you have any suggestions as to what I should do next to be able to speak with someone in your office?"
The person who had answered the phone told me, "I don't have to take that from you" and hung up.

KUEHL’S SB127 BILL STATES:
"Existing law requires"
"Existing law requires"
"Existing law requires"
"Existing law requires"

KILL SENATE BILL NO. 127 OPPONENTS SAY:
*Which "existing laws" is the Senator referring to AND WHAT do they "require"?


KUEHL’S SB127 BILL STATES
"involving an agent"

KILL SENATE BILL NO. 127 OPPONENTS SAY:
*Managing Agent?
*Real Estate Agent?
*Buyers Representative Agent?
*Seller’s Representative Agent?
*Trustee Agent?

KUEHL’S SB127 BILL STATES
"be made as soon as practicable"

KILL SENATE BILL NO. 127 OPPONENTS SAY:
*WHAT? does THAT MEAN to a person who is stuck in Escrow with the Escrow Time-Clock ticking?

*WHAT does THAT MEAN to a seller who is being sabotaged by their board and management company using all available legal means and the association’s money to thwart an otherwise viable sale?

KUEHL’S SB127 BILL STATES
"to deliver a copy of the information required to be disclosed"

KILL SENATE BILL NO. 127 OPPONENTS SAY:
*HUH? What is the LEGAL SIGNIFICANCE of "IF" requested?

KUEHL’S SB127 BILL STATES
"owner within 10 days of the mailing OR delivery of the request, as specified"

KILL SENATE BILL NO. 127 OPPONENTS SAY:
*Say WHAT? I certainly hope that the Senator will be there during that failed, uh, err, I mean, disastrous, uh, err, I mean, S-A-B-O-T-A-G-E-D escrow transaction when the buyer and seller have no alternative other than to SUE each other.

KUEHL’S SB127 BILL STATES
"bill would require, in the case of a sale of real property, or a sale or a lease with an option to purchase of a mobilehome or manufactured home involving an agent, that the disclosures described above be made as soon as practicable"

KILL SENATE BILL NO. 127 OPPONENTS SAY:
*Does the bill "REQUIRE" it or "not"???

*WHAT does "would require" mean?

KUEHL’S SB127 BILL STATES
*Check this language out in Sheila Kuehl’s Senate Bill:
*"REQUIRES" . . . "AS SOON AS PRACTICABLE"

KILL SENATE BILL NO. 127 OPPONENTS SAY:
*Where’s the ENFORCEMENT in THAT?

KUEHL’S SB127 BILL STATES
"The bill would require, in the case of a sale of a separate interest in a common interest development, that the necessary disclosures be made as soon as practicable before transfer of title but no later than 10 calendar days after the execution of the purchase agreement to purchase title to the separate interest OR execution of a real property sales contract"

KILL SENATE BILL NO. 127 OPPONENTS SAY:
*It apparently is not enough for Senator Kuehl to muck up the laws forcing US to live by them, NOW, she has the opportunity to not only tie our hands in the "disclosure" arena, BUT, screws it up further by these additional CONTINGENCIES on SALES AND PURCHASES.

*How many people out there have a bleeeeping CLUE, WHAT "AS SOON AS PRACTICABLE" MEANS?

*How many owners will be able to win a court case against their Ass. with the words "ASS SOON AS PRACTICABLE?""

KUEHL’S SB127 BILL STATES
The bill would require an association of a common interest development, if requested by the owner of the separate property interest, to deliver a copy of the information required to be disclosed by that owner within 7 days of the mailing OR delivery of the request.

NOT ONE OWNER WILL BE ABLE TO ENFORCE CODE SECTION IN ITS ENTIRETY.
IT IS, IN FACT, IN THIS AUTHOR’S OPINION: IPSO FACTO UNENFORCEABLE.
THE BUYER NEEDS **IT** BEFORE THEY SIGN THE PURCHASE AGREEMENT!
HERE’S A COPY OF THE BAD SENATE BILL NUMBER 127 BY SENATOR KUEHL

SB 127, as amended, Kuehl. Property transfers: disclosures.
[[Disclosures? Huh? Anybody catch that?]]

Existing law requires certain transferors of real property, mobilehomes, manufactured homes, and separate interests in common interest developments to make specified disclosures to transferees as part of their respective transactions. These disclosures concern characteristics affecting the property and hazards to which the property may be subject. Existing law requires, in the case of a sale of real property, that these disclosures be made as soon as practicable before transfer of title. In the case of a sale or a lease with an option to purchase of a mobilehome or manufactured home involving an agent, [WHAT "AGENT ARE YOU TALKING ABOUT??] existing law requires these disclosures [which disclosures!?] be made as soon as practicable, [what does THAT mean?!] but no later than the close of escrow. In the case of a transfer of a separate interest in a common interest development, existing law requires that the disclosures be made as soon as practicable before transfer of title to the separate interest or [[[OR WHAT?] execution of a real property sales contract. Existing law requires an association of a common interest development, if requested by the owner of the separate property interest, to deliver a copy of the information required to be disclosed [[HAVE YOU EVER TRIED TO GET THAT INFORMATION? WHAT ARE YOU TALKING ABOUT?] by that owner within 10 days of the mailing or [[[OR WHAT?]delivery of the request, as specified. [[[WHAT’S THE LEGAL DEFINITION OF EACH OF THESE WORDS!!!]
This bill would require, in the case of a sale of real property, or a sale or a lease with an option to purchase of a mobilehome or manufactured home involving an agent, that the disclosures described above be made as soon as practicable before transfer of title but no later than 10 calendar days after the execution of the purchase agreement. The bill would require, in the case of a sale of a separate interest in a common interest development, that the necessary disclosures be made as soon as practicable before transfer of title but no later than 10 calendar days after the execution of the purchase agreement to purchase title to the separate interest or execution of a real property sales contract. The bill would require an association of a common interest development, if requested by the owner of the separate property interest, to deliver a copy of the information required to be disclosed by that owner within 7 days of the mailing or delivery of the request. [ Ohhhhh, I see! you mean SOMEONE has to COMPLY with THIS?]

DISCLOSURES???? OF WHAT?!

YOU’VE GOT TO BE JOKING.

GET A GRIP PEOPLE, OUR TAX DOLLARS ARE PAYING FOR THIS NONSENSE!!!!!

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Advertisement












Select Blogzz & click icon

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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

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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