A $1,400 parking ticket, a lawsuit, and a lien to preventing from selling or refinancing a home!
We don't mean harm to anyone -- Dan Newkirk.
July 31, 2007
If you thought the $67 million lawyer pants law suit was an isolated instance……
In the Laguna Audubon II homeowner association in Aliso Viejo, and 82 year old couple face a $1,400 parking ticket, a lawsuit, and a lien preventing them from selling or refinancing their home!
An Orange County Register’s article published today, titled Parking face-off takes toll quotes Carol Henderson as saying "They don't deal with common sense. They just decide what the law is.” The article also provides background information on the relationship between certain homeowners and the board “…several homeowners attended an association meeting in December 2006 where several protested against the fines and the association's enforcement of parking. A petition was organized to recall the board” CotoBuzz readers may want to consider the activity of the California Law Revision Commission on (TR-855) and to Assembly Bill 980 and possibly have friends and family write CLRC - Simply put, the situation with private property located inside common interest developments is getting worse - with little to no control in protecting individual personal assets.
RELATED STORIES
Homeowner Association (HOA) Lawyer FactoidsThe Davis-Stirling Act is a part of the California Civil Code. In the Davis-Stirling Act:
· The term "attorney fees" is codified/mandated: 22 times.
· The term "homeowner" is merely mentioned: 3 times
PART II: KEEP FILING CALIFORNIA STATE BAR COMPLAINTS AGAINST ERRANT ATTORNEYS - BUT ESPECIALLY HOMEOWNER ASSOCIATION ATTORNEYS-- Make the Bar Care!Lets spare each other the niceties of: ?there are good ones and there are bad ones,? because we already know that -- and -- this article is not about that. She then says with a cheeky little grin, ?ok, ok yes, there are some good lawyers out there.?
Mirror, mirror on the wall, who is the fairest gladiator of them all?As I stood atop the Roman Colosseum during a recent trip, emotionally gripped by its horrific history, I couldn?t help but make the connection between the ancient gladiator and my role as in-house attorney,?.. For starters, lawyers are often referred to...
Management company's tape-recording tactic puts homeowners at riskQuestion: Because our management company has been sued before, it has a policy of recording all incoming and outgoing phone calls. Before a management employee answers the phone, there is an automatic announcement warning callers they are being recorded....
Of Trial Lawyers, the AAJ and the Democratic PartyThe National College of Advocacy and AAJ Education maintain two distinct programs that recognize AAJ lawyer member efforts in pursuit of advanced legal learning and professional development?the Achievement Recognition Program and Advanced Studies in Trial...
Laguna Woods Village CC&Rs, What CC&Rs? I Got Your CC&Rs Right Here!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.
What is better in HOA Management? Transparency and Accountability or Feel Good?May 22, 2007Mostly 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...
HOW DO OWNERS SPELL L-A-W S-U-I-T? SENATE BILL NO. 127!XThis author asks WHERE ARE THE PENALTIES AGAINST MANAGEMENT COMPANIES AND BOARDS? WHAT?S THE PENALTY FOR BREAKING THE LAWS THAT THESE LEGISLATORS ARE PASSING?
Two of the Worst & Most Detrimental Laws to Hit California are Sponsored by None Other than: California Association of Realtors (R) The Gold is Gone --No more gold in the Golden State!Dear Governor Arnold Schwarzenegger,SHATZI! PLEASE REMEMBER YOUR PROMISE TO US. Please listen to the people who support you and look to you to help us! When you first began buying property in California NO ONE told you what you could or could not do...
THE LAW OF INTENDED CONSEQUENCES - WHAT A DIFFERENCE A "WORD" MAKES: NO! ON ASSEMBLY BILL NO. 563It apparently does not matter that titleholders with a vested interest in their property cannot get their legislators to carry legislation to help US, but, they can waste taxpayer funds by preventing the bills WE WANT and NEED by CHANGING *ONE* WORD in an...
EMERGENCY! EMERGENCY! OOPS! WE JUST HAD THE MEETING! YOU MISSED IT!!So THIS is what the Senate calls an "Open Meeting." How many Open Meetings have THEY been to? Obviously not many. ROTFLMAO!
CAN YOU OUTSWIM YOUR HOA SHARKS? or will you drown trying?Owning, let alone living in an HOA is a tough JOB and requires you be physically fit, possess a certain sophistication of the processes, and have the character let alone stamina, that allows you to be persistent in a manner that indescribable to REAL...
HEY GRAY PANTHERS! YOU GOT IT WRONG!(c) D. VanitzianMay 16, 2007The Gray Panthers are on record as SUPPORTING A BAD BAD BAD BAD BILL: Senate Bill Number 948. SHAME ON YOU. Where the heck are you getting your information from?
The Law of Unintended Consequences: Legislation and HOA BOD Cause and Effect: Clueless in my CARComing off a most improbable but successful campaign to defeat SB 670 author and HOA advocate Vanitizian thanks supporters making a connection between the quality of legislation being passed in Sacramento, and the quality of life in most homeowners...
Paraphrasing the LA Times on Defeat of SB670 & Wicked Twin Witches of the West - SB 127 & AB-980Taking a page out of the OC Register?s ?paraphrased reporting?, an article written by LA Times staff writer Diane Weder titled ?Bill to limit transfer fee founders?, published appropriately on May 13, 2007, quotes the president of the statewide Realtors...
Private Transfer Tax - Good for the Common Interest Development (HOA/CID) Industry or Good for the Politicians?When we received our copy of the report that the California Association of Realtors (CAR) used to Sponsor and help draft transfer fees, we were confused. Given that Vanitzian has become an icon in Sacrament (some say a thorn in the legislature's side),...
Lawyer seeking condominiums' business goes over the lineQuestion: I manage a large condominium project in Los Angeles. Unsolicited, an attorney sent me an invitation to meet with him over lunch. He then phoned me several times, including the day before the lunch, explaining the purpose was to speak only with...
CONDOMINIUMS ARE A GREAT INVESTMENT- FOR LAWYERSAbout every two months I get a call, or a client comes in to ask me about condominiums. It usually starts off with, ?I bought this adorable little condo? and then the upstairs neighbor had a flood?. And then the Homeowners Association refused??
The Real Estate Sky Is Falling!Inman News reports today, Tuesday July 24, 2007 that California mortgage defaults hit 10-year high and that more borrowers expected to lose homes in second half of year. ?Roughly half, 54.6 percent, of the homeowners in default emerge from the...
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Tuesday, July 31, 2007
Monday, July 30, 2007
Homebuilders, Realtors on opposing sides in transfer fees.
Homebuilders, Realtors on opposing sides in transfer fees.
July 30, 2007
As we have reported on CID/HOA legislation in Sacramento in genera and AB980 specifically, CotoBuzz Journal readers know that builders are using private real estate transfer fees to pay for parks, and other benefits, often required as conditions for getting projects approved by local governments. These fees, are written into property CC&Rs and require future homebuyers to pay a percentage of a home’s sale price to a third party, such as a land trust, to support community benefits.
In today’s (July 30, 2007) issue of the North Bay Business Journal, staff Reporter William Jason writes th at “An emerging form of real estate financing has created a dispute between Realtors and homebuilders over who should pay for community benefits attached to new residential projects”
The article goes on to describe the rift between the builders and the realtors and quotes Alex Creel, chief lobbyist for the Realtors, as saying that “ the homebuilder-backed proposal does not go far enough to limit the size of fees and restrict how the fees must be collected, spent and disclosed” and adds “A third Realtor-supported bill, AB 980, deals only with the disclosure of existing fees:
RELATED STORIES
Homeowner Association (HOA) Lawyer FactoidsThe Davis-Stirling Act is a part of the California Civil Code. In the Davis-Stirling Act:
· The term "attorney fees" is codified/mandated: 22 times.
· The term "homeowner" is merely mentioned: 3 times
PART II: KEEP FILING CALIFORNIA STATE BAR COMPLAINTS AGAINST ERRANT ATTORNEYS - BUT ESPECIALLY HOMEOWNER ASSOCIATION ATTORNEYS-- Make the Bar Care!Lets spare each other the niceties of: ?there are good ones and there are bad ones,? because we already know that -- and -- this article is not about that. She then says with a cheeky little grin, ?ok, ok yes, there are some good lawyers out there.?
Mirror, mirror on the wall, who is the fairest gladiator of them all?As I stood atop the Roman Colosseum during a recent trip, emotionally gripped by its horrific history, I couldn?t help but make the connection between the ancient gladiator and my role as in-house attorney,?.. For starters, lawyers are often referred to...
Management company's tape-recording tactic puts homeowners at riskQuestion: Because our management company has been sued before, it has a policy of recording all incoming and outgoing phone calls. Before a management employee answers the phone, there is an automatic announcement warning callers they are being recorded....
Of Trial Lawyers, the AAJ and the Democratic PartyThe National College of Advocacy and AAJ Education maintain two distinct programs that recognize AAJ lawyer member efforts in pursuit of advanced legal learning and professional development?the Achievement Recognition Program and Advanced Studies in Trial...
Laguna Woods Village CC&Rs, What CC&Rs? I Got Your CC&Rs Right Here!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.
What is better in HOA Management? Transparency and Accountability or Feel Good?May 22, 2007Mostly 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...
HOW DO OWNERS SPELL L-A-W S-U-I-T? SENATE BILL NO. 127!XThis author asks WHERE ARE THE PENALTIES AGAINST MANAGEMENT COMPANIES AND BOARDS? WHAT?S THE PENALTY FOR BREAKING THE LAWS THAT THESE LEGISLATORS ARE PASSING?
Two of the Worst & Most Detrimental Laws to Hit California are Sponsored by None Other than: California Association of Realtors (R) The Gold is Gone --No more gold in the Golden State!Dear Governor Arnold Schwarzenegger,SHATZI! PLEASE REMEMBER YOUR PROMISE TO US. Please listen to the people who support you and look to you to help us! When you first began buying property in California NO ONE told you what you could or could not do...
THE LAW OF INTENDED CONSEQUENCES - WHAT A DIFFERENCE A "WORD" MAKES: NO! ON ASSEMBLY BILL NO. 563It apparently does not matter that titleholders with a vested interest in their property cannot get their legislators to carry legislation to help US, but, they can waste taxpayer funds by preventing the bills WE WANT and NEED by CHANGING *ONE* WORD in an...
EMERGENCY! EMERGENCY! OOPS! WE JUST HAD THE MEETING! YOU MISSED IT!!So THIS is what the Senate calls an "Open Meeting." How many Open Meetings have THEY been to? Obviously not many. ROTFLMAO!
CAN YOU OUTSWIM YOUR HOA SHARKS? or will you drown trying?Owning, let alone living in an HOA is a tough JOB and requires you be physically fit, possess a certain sophistication of the processes, and have the character let alone stamina, that allows you to be persistent in a manner that indescribable to REAL...
HEY GRAY PANTHERS! YOU GOT IT WRONG!(c) D. VanitzianMay 16, 2007The Gray Panthers are on record as SUPPORTING A BAD BAD BAD BAD BILL: Senate Bill Number 948. SHAME ON YOU. Where the heck are you getting your information from?
The Law of Unintended Consequences: Legislation and HOA BOD Cause and Effect: Clueless in my CARComing off a most improbable but successful campaign to defeat SB 670 author and HOA advocate Vanitizian thanks supporters making a connection between the quality of legislation being passed in Sacramento, and the quality of life in most homeowners...
Paraphrasing the LA Times on Defeat of SB670 & Wicked Twin Witches of the West - SB 127 & AB-980Taking a page out of the OC Register?s ?paraphrased reporting?, an article written by LA Times staff writer Diane Weder titled ?Bill to limit transfer fee founders?, published appropriately on May 13, 2007, quotes the president of the statewide Realtors...
Private Transfer Tax - Good for the Common Interest Development (HOA/CID) Industry or Good for the Politicians?When we received our copy of the report that the California Association of Realtors (CAR) used to Sponsor and help draft transfer fees, we were confused. Given that Vanitzian has become an icon in Sacrament (some say a thorn in the legislature's side),...
Lawyer seeking condominiums' business goes over the lineQuestion: I manage a large condominium project in Los Angeles. Unsolicited, an attorney sent me an invitation to meet with him over lunch. He then phoned me several times, including the day before the lunch, explaining the purpose was to speak only with...
CONDOMINIUMS ARE A GREAT INVESTMENT- FOR LAWYERSAbout every two months I get a call, or a client comes in to ask me about condominiums. It usually starts off with, ?I bought this adorable little condo? and then the upstairs neighbor had a flood?. And then the Homeowners Association refused??
The Real Estate Sky Is Falling!Inman News reports today, Tuesday July 24, 2007 that California mortgage defaults hit 10-year high and that more borrowers expected to lose homes in second half of year. ?Roughly half, 54.6 percent, of the homeowners in default emerge from the...
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The CotoBuzz Journal P.O. Box 154 Trabuco Canyon, CA 92678 (509) 355-8895
Privacy Policy Need Help? Contact Us Administrator: cotobuzz@yahoo.com
July 30, 2007
As we have reported on CID/HOA legislation in Sacramento in genera and AB980 specifically, CotoBuzz Journal readers know that builders are using private real estate transfer fees to pay for parks, and other benefits, often required as conditions for getting projects approved by local governments. These fees, are written into property CC&Rs and require future homebuyers to pay a percentage of a home’s sale price to a third party, such as a land trust, to support community benefits.
In today’s (July 30, 2007) issue of the North Bay Business Journal, staff Reporter William Jason writes th at “An emerging form of real estate financing has created a dispute between Realtors and homebuilders over who should pay for community benefits attached to new residential projects”
The article goes on to describe the rift between the builders and the realtors and quotes Alex Creel, chief lobbyist for the Realtors, as saying that “ the homebuilder-backed proposal does not go far enough to limit the size of fees and restrict how the fees must be collected, spent and disclosed” and adds “A third Realtor-supported bill, AB 980, deals only with the disclosure of existing fees:
RELATED STORIES
Homeowner Association (HOA) Lawyer FactoidsThe Davis-Stirling Act is a part of the California Civil Code. In the Davis-Stirling Act:
· The term "attorney fees" is codified/mandated: 22 times.
· The term "homeowner" is merely mentioned: 3 times
PART II: KEEP FILING CALIFORNIA STATE BAR COMPLAINTS AGAINST ERRANT ATTORNEYS - BUT ESPECIALLY HOMEOWNER ASSOCIATION ATTORNEYS-- Make the Bar Care!Lets spare each other the niceties of: ?there are good ones and there are bad ones,? because we already know that -- and -- this article is not about that. She then says with a cheeky little grin, ?ok, ok yes, there are some good lawyers out there.?
Mirror, mirror on the wall, who is the fairest gladiator of them all?As I stood atop the Roman Colosseum during a recent trip, emotionally gripped by its horrific history, I couldn?t help but make the connection between the ancient gladiator and my role as in-house attorney,?.. For starters, lawyers are often referred to...
Management company's tape-recording tactic puts homeowners at riskQuestion: Because our management company has been sued before, it has a policy of recording all incoming and outgoing phone calls. Before a management employee answers the phone, there is an automatic announcement warning callers they are being recorded....
Of Trial Lawyers, the AAJ and the Democratic PartyThe National College of Advocacy and AAJ Education maintain two distinct programs that recognize AAJ lawyer member efforts in pursuit of advanced legal learning and professional development?the Achievement Recognition Program and Advanced Studies in Trial...
Laguna Woods Village CC&Rs, What CC&Rs? I Got Your CC&Rs Right Here!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.
What is better in HOA Management? Transparency and Accountability or Feel Good?May 22, 2007Mostly 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...
HOW DO OWNERS SPELL L-A-W S-U-I-T? SENATE BILL NO. 127!XThis author asks WHERE ARE THE PENALTIES AGAINST MANAGEMENT COMPANIES AND BOARDS? WHAT?S THE PENALTY FOR BREAKING THE LAWS THAT THESE LEGISLATORS ARE PASSING?
Two of the Worst & Most Detrimental Laws to Hit California are Sponsored by None Other than: California Association of Realtors (R) The Gold is Gone --No more gold in the Golden State!Dear Governor Arnold Schwarzenegger,SHATZI! PLEASE REMEMBER YOUR PROMISE TO US. Please listen to the people who support you and look to you to help us! When you first began buying property in California NO ONE told you what you could or could not do...
THE LAW OF INTENDED CONSEQUENCES - WHAT A DIFFERENCE A "WORD" MAKES: NO! ON ASSEMBLY BILL NO. 563It apparently does not matter that titleholders with a vested interest in their property cannot get their legislators to carry legislation to help US, but, they can waste taxpayer funds by preventing the bills WE WANT and NEED by CHANGING *ONE* WORD in an...
EMERGENCY! EMERGENCY! OOPS! WE JUST HAD THE MEETING! YOU MISSED IT!!So THIS is what the Senate calls an "Open Meeting." How many Open Meetings have THEY been to? Obviously not many. ROTFLMAO!
CAN YOU OUTSWIM YOUR HOA SHARKS? or will you drown trying?Owning, let alone living in an HOA is a tough JOB and requires you be physically fit, possess a certain sophistication of the processes, and have the character let alone stamina, that allows you to be persistent in a manner that indescribable to REAL...
HEY GRAY PANTHERS! YOU GOT IT WRONG!(c) D. VanitzianMay 16, 2007The Gray Panthers are on record as SUPPORTING A BAD BAD BAD BAD BILL: Senate Bill Number 948. SHAME ON YOU. Where the heck are you getting your information from?
The Law of Unintended Consequences: Legislation and HOA BOD Cause and Effect: Clueless in my CARComing off a most improbable but successful campaign to defeat SB 670 author and HOA advocate Vanitizian thanks supporters making a connection between the quality of legislation being passed in Sacramento, and the quality of life in most homeowners...
Paraphrasing the LA Times on Defeat of SB670 & Wicked Twin Witches of the West - SB 127 & AB-980Taking a page out of the OC Register?s ?paraphrased reporting?, an article written by LA Times staff writer Diane Weder titled ?Bill to limit transfer fee founders?, published appropriately on May 13, 2007, quotes the president of the statewide Realtors...
Private Transfer Tax - Good for the Common Interest Development (HOA/CID) Industry or Good for the Politicians?When we received our copy of the report that the California Association of Realtors (CAR) used to Sponsor and help draft transfer fees, we were confused. Given that Vanitzian has become an icon in Sacrament (some say a thorn in the legislature's side),...
Lawyer seeking condominiums' business goes over the lineQuestion: I manage a large condominium project in Los Angeles. Unsolicited, an attorney sent me an invitation to meet with him over lunch. He then phoned me several times, including the day before the lunch, explaining the purpose was to speak only with...
CONDOMINIUMS ARE A GREAT INVESTMENT- FOR LAWYERSAbout every two months I get a call, or a client comes in to ask me about condominiums. It usually starts off with, ?I bought this adorable little condo? and then the upstairs neighbor had a flood?. And then the Homeowners Association refused??
The Real Estate Sky Is Falling!Inman News reports today, Tuesday July 24, 2007 that California mortgage defaults hit 10-year high and that more borrowers expected to lose homes in second half of year. ?Roughly half, 54.6 percent, of the homeowners in default emerge from the...
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The CotoBuzz Journal P.O. Box 154 Trabuco Canyon, CA 92678 (509) 355-8895
Privacy Policy Need Help? Contact Us Administrator: cotobuzz@yahoo.com
Sunday, July 29, 2007
Chuck Chuckles: Senator Schumer, That is
Chuck Chuckles: Senator Schumer, That is
Those who do not know, go to law school. Those who do not do, blame. Those who do not know and do not do, join the US Congress.
July 29, 2007
Senator Schumer has asked the Government Accountability Office to investigate if rising gas prices are the result of oil company malfeasance or even a conspiracy. Last year, he wrote a letter to ask the Federal Trade Commission to investigate. In its response, the FTC said two previous investigations into unfair business practices by the oil industry found no evidence of wrongdoing.
More recently, Chuck Schumer told Attorney General Alberto Gonzalez: “We expected more”, as Chuck goes into overdrive in efforts to appoint a special prosecutor to nail Gonzalez. So what is the honorabe senator to do, when according to the Gallup Poll: “The percentage of Americans with a "great deal" or "quite a lot" of confidence in Congress is at 14%, the lowest in Gallup's history of this measure -- and the lowest of any of the 16 institutions tested in this year's Confidence in Institutions survey. It is also one of the lowest confidence ratings for any institution tested over the last three decades”. Under these conditions, the answer is obvious: play the blame card.
So, let’s see how well we can play Chuck’s game:
Lawyers write and interpret the law. Lawyers make up the majority in all three branches of the US government
According to a March 28, 2007, United Press International story: “The U.S. legal system imposes a cost of $865 billion a year on the U.S. economy, or $9,800 a family, a San Francisco ‘free-market’ think tank reports. The costs associated with civil lawsuits, and the fear of them, is 27 times more than the federal government spends on homeland security; 30 times what the National Institutes of Health dedicates to biomedical research; and 13 times the amount the U.S. education department spends to educate children, the Pacific Research Institute says.”
Inflation: the higher a nation's lawyer density the higher is it's inflation ratio, in comparison to other nations. Inflation data 2000 period: USA 3.4% (Refer to Inflation Report ), Britain 3.2%, France 2.25%, Japan 0%.
The typical U.S. company, faces an average of 305 lawsuits and spends $12 million a year on litigation alone, not including settlements or judgments. A strong majority of companies, 63 percent, also said they had hired outside counsel to conduct internal investigations in the past year
We could offer more lawyer factoids, but an international reader summarizes it best: "One of the items in the US where we shake our heads about is the high number of lawyers taking over the whole society and literally keeping it at ransom. In Europe, if one looses a lawsuit, he has to pay all costs. This makes suing risky."
So after all, Chuck Schumer is right. Americans expect more – more from its politicians, including Senator Schumer, that is.
Paraphrasing a Mexican Senator : Poor Joe Smith, so close to the attorneys and so far from God!:
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To subscribe/unsubscribe to the CotoBuzz Journal or send Letters to the Editor : click here or send email to:
The CotoBuzz Journal P.O. Box 154 Trabuco Canyon, CA 92678 (509) 355-8895
Privacy Policy Need Help? Contact Us Administrator: cotobuzz@yahoo.com
Those who do not know, go to law school. Those who do not do, blame. Those who do not know and do not do, join the US Congress.
July 29, 2007
Senator Schumer has asked the Government Accountability Office to investigate if rising gas prices are the result of oil company malfeasance or even a conspiracy. Last year, he wrote a letter to ask the Federal Trade Commission to investigate. In its response, the FTC said two previous investigations into unfair business practices by the oil industry found no evidence of wrongdoing.
More recently, Chuck Schumer told Attorney General Alberto Gonzalez: “We expected more”, as Chuck goes into overdrive in efforts to appoint a special prosecutor to nail Gonzalez. So what is the honorabe senator to do, when according to the Gallup Poll: “The percentage of Americans with a "great deal" or "quite a lot" of confidence in Congress is at 14%, the lowest in Gallup's history of this measure -- and the lowest of any of the 16 institutions tested in this year's Confidence in Institutions survey. It is also one of the lowest confidence ratings for any institution tested over the last three decades”. Under these conditions, the answer is obvious: play the blame card.
So, let’s see how well we can play Chuck’s game:
Lawyers write and interpret the law. Lawyers make up the majority in all three branches of the US government
According to a March 28, 2007, United Press International story: “The U.S. legal system imposes a cost of $865 billion a year on the U.S. economy, or $9,800 a family, a San Francisco ‘free-market’ think tank reports. The costs associated with civil lawsuits, and the fear of them, is 27 times more than the federal government spends on homeland security; 30 times what the National Institutes of Health dedicates to biomedical research; and 13 times the amount the U.S. education department spends to educate children, the Pacific Research Institute says.”
Inflation: the higher a nation's lawyer density the higher is it's inflation ratio, in comparison to other nations. Inflation data 2000 period: USA 3.4% (Refer to Inflation Report ), Britain 3.2%, France 2.25%, Japan 0%.
The typical U.S. company, faces an average of 305 lawsuits and spends $12 million a year on litigation alone, not including settlements or judgments. A strong majority of companies, 63 percent, also said they had hired outside counsel to conduct internal investigations in the past year
We could offer more lawyer factoids, but an international reader summarizes it best: "One of the items in the US where we shake our heads about is the high number of lawyers taking over the whole society and literally keeping it at ransom. In Europe, if one looses a lawsuit, he has to pay all costs. This makes suing risky."
So after all, Chuck Schumer is right. Americans expect more – more from its politicians, including Senator Schumer, that is.
Paraphrasing a Mexican Senator : Poor Joe Smith, so close to the attorneys and so far from God!:
Advertisement
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To subscribe/unsubscribe to the CotoBuzz Journal or send Letters to the Editor : click here or send email to:
The CotoBuzz Journal P.O. Box 154 Trabuco Canyon, CA 92678 (509) 355-8895
Privacy Policy Need Help? Contact Us Administrator: cotobuzz@yahoo.com
Wednesday, July 25, 2007
The Real Estate Sky Is Falling!
The Real Estate Sky Is Falling!
July 24, 2007
Inman News reports today, Tuesday July 24, 2007 that California mortgage defaults hit 10-year high and that more borrowers expected to lose homes in second half of year. “Roughly half, 54.6 percent, of the homeowners in default emerge from the foreclosure process by bringing their payments current, refinancing, or selling the home and paying off what they owe. A year ago it was 88 percent. The increased portion of homes lost to foreclosure reflects the slow real estate market, as well as the number of homes bought during the height of the market with multiple-loan financing” reads the report.
Similarly, the LA Times reports that “foreclosures in the state during the second quarter totaled 17,408, up 799% from the same period last year. The current rate handily eclipsed the previous foreclosure peak set in 1996, when the state was in the final throes of six-year slump” The article quote Ester Cadavid of Los Angeles Neighborhood Housing Services as saying: "In the beginning, we were thinking the foreclosures were going to be limited to low-income, high-minority neighborhoods targeted by predatory lenders. Now we are seeing a shift to the middle class. They're in trouble too."
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July 24, 2007
Inman News reports today, Tuesday July 24, 2007 that California mortgage defaults hit 10-year high and that more borrowers expected to lose homes in second half of year. “Roughly half, 54.6 percent, of the homeowners in default emerge from the foreclosure process by bringing their payments current, refinancing, or selling the home and paying off what they owe. A year ago it was 88 percent. The increased portion of homes lost to foreclosure reflects the slow real estate market, as well as the number of homes bought during the height of the market with multiple-loan financing” reads the report.
Similarly, the LA Times reports that “foreclosures in the state during the second quarter totaled 17,408, up 799% from the same period last year. The current rate handily eclipsed the previous foreclosure peak set in 1996, when the state was in the final throes of six-year slump” The article quote Ester Cadavid of Los Angeles Neighborhood Housing Services as saying: "In the beginning, we were thinking the foreclosures were going to be limited to low-income, high-minority neighborhoods targeted by predatory lenders. Now we are seeing a shift to the middle class. They're in trouble too."
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Monday, July 23, 2007
CALIFORNIA LAW REVENGE COMMISSION PROJECT #TR-855 FUNCTIONS TO DISENFRANCHISE AND PARALYZE DEED-RESTRICTED HOMEOWNERS IN WAYS THEY NEVER IMAGINED
CALIFORNIA LAW REVENGE COMMISSION PROJECT #TR-855 FUNCTIONS TO DISENFRANCHISE AND PARALYZE DEED-RESTRICTED HOMEOWNERS IN WAYS THEY NEVER IMAGINED
July 23, 2007
IF owners do NOT oppose this frivolous project now, you will be funding your own demise; and owners must be quick in stopping this so-called Project from moving forward -- Please do not wait to write -- do it now.
(c) 2007 Donie Vanitzian
Please Note: For the purpose of internet publication, I have redacted the letter writer's name. Anyone who wishes to obtain copies of the exhibits that were attached and submitted with the original sent to the California Law Revision Commission, write me directly.
The following letter was given to me by a seasoned real estate broker who is fed up with the impact of bad laws on him, his family, his clients and the public in general. He has lost faith in the trade group that he is a member of, who professes to further the interests of real estate professionals like him, the trade group is California Association of Realtors. Their latest devastating piece of legislation, Assembly Bill 980, is nothing more than a bill that functions as DOUBLE TAXATION WITHOUT REPRESENTATION -- it functions to steal big chunks of your equity WITHOUT YOU BEING ABLE TO STOP IT -- AND IT DOES SO EVERY TIME you buy or sell -- and who knows, even REFINANCE -- and that group is/was/has pushed to make certain that such money WITHDRAWALS FROM YOUR ACCOUNT come directly out of YOUR escrow and that you will NEVER be able to stop it (that’s why they want to pass Assembly Bill 980 and make it the LAW). By the time owners try to stop the bad legislation IT IS TOO LATE. Many times, owners wait too long to make a difference -- only the massive amounts of opposition letters that are written to these STUPID AGENCIES might help us PROTECT OUR HOMES AND ASSETS THAT THESE INDUSTRIES WANT TO STEAL FROM US. That is why, you MUST PLEASE HELP STOP the California Law Revenge Commission from sending their monstrous project over to the California Legislature to be entered into the statute books.
Once that happens, you may not have time to buy, sell, move, and adequately protect your assets from what is about to happen to you. By the way, as if you did not already know, DO NOT BELIEVE ANYTHING THE LEGISLATORS AND THE CALIFORNIA LAW REVISION COMMISSION TELLS YOU. You OWE IT TO YOURSELF, to seek out the TRUTH. Read the track record of the Commission's failure.
You have a chance to make a difference right now! I am urging EVERYONE who reads his letter, to take ONE MINUTE -- and not put it off -- to write the California Law Revenge Commission at the address in the letter and ORDER THEM TO STOP their wasteful project. If you do not stop this project right now, you will be scrambling like crazy once this stupid Commission sends it to our stupid legislature.
.................................................................................................................................
July 19, 2007
Mr. Brian Hebert
California Law Revision Commission
3200 5th Avenue
Sacramento, CA 95817
4000 Middlefield Road, Room D-1
Palo Alto, California 94303-4739
Re: TR-H855 and the CLRC's wholesale rewrite of Davis-Stirling Act
Dear Mr. Hebert,
So there is no misunderstanding what my letter is about, I oppose the California Law Revision's project and wholesale rewrite of the Davis-Stirling Act under the guise of TR-H855. In a word, I find the Commission's actions on that topic, "deceitful."
I am also against the California Law Revision Commission's interference with common interest development titleholders and the laws affecting us in general. Please do not try to justify your untenable actions, I for one, am sick of the Commission's condescension toward anyone who disagrees with it. This project has been up your sleeve for some time, apparently waiting for a lull while the public sleeps so you can push your agenda. You are pushing this project through as if you know something the rest of us don't.
I am no fan of the Davis-Stirling Act BUT do not want the California Law Revision Commission to revamp it. Leave it alone. Change the "name" of the "Act" if you have to substantiate your pay checks, but leave the Civil Code Sections pertaining to the present Davis-Stirling Act in place with the same section numbers. This project will not serve the public interest in any way. It will also create a fiscal impact on the State of California the likes of which the Commission, given its prior pattern of incompetence, will no doubt gloss over.
The Commission has misled the public into believing that its actions are warranted and much needed. Contrary to that representation, the California Law Revision is not needed in the area of common interest developments and its mandate, if there is one, should be removed i.e., stripped. In fact, I feel confident in making the statement that with regard to common interest developments, the California Law Revision has done more harm than good.
I've owned my share of condos. I am a Personal Financial Planner, a Registered Representative (Security and Exchange Commission), licensed Insurance Broker, and a Realtor® Broker of over 20 years. While I specialize in commercial property sales many of my clients are also residential sellers who want to dump their condominiums or other common interest development properties that are subject to homeowner associations.
The majority of buyers continue to contact their Realtor® well after the purchase. The reason? They had no idea how BAD living and owning in a common interest development really is.
It is difficult enough to try to sell this type of property without the likes of the California Law Revision Commission sticking its nose where it does not belong. I refer specifically to your obsession to interfere, repeal, influence, and/or make recommendations to California's impressionable Legislature on what the laws should and should not be. Do not tell me you don’t do this—because you do.
Your influence and frivolous projects pertaining to common interest developments, I dare say, are responsible for the mess that has been perpetuated by Legislators too lazy to understand what their job is and too overpaid to care about the bad legislation they pass.
Perhaps because of the vacuum it has created for itself, you apparently are unaware of the myriad of books and articles which do not speak highly about the California Law Revision Commission, in fact, even JUDGES denigrate the Commission. I have several Real Estate books, one of which is written by a retired Judge, others are written by attorneys who are Real Estate experts that expose the Commission for what it is and is not. They expose, the laws that do not work and are poorly written, and many of these are inevitably traced back to the novice and uninformed HASTY and impetuous recommendations made and SHOVED DOWN OUR THROATS by the California Law Revision Commission. Some of what the Commission has published to substantiate the bad decisions, is downright embarrassing.
To even contemplate the California Law Revision Commission making a substantial rewrite of the codes that common interest development homeowners are mandated to live by and under, is chilling to say the least, bearing in mind the many past screw ups you and the Commission have been responsible for.
Needless to say, too many of the embarrassing Memorandums that I reference here are over one hundred pages long, therefore, I have only enclosed the pertinent page or two, to which I specifically refer. Just take a look at the ongoing disaster (and it IS a disaster Mr. Hebert) that the California Law Revision Commission has created for deed-restricted owners. NOT ONE of these useless Commission "Recommendations" provides per se penalties against boards of directors, management companies, managers, and so on. You did not give us back our full homestead exemptions so that we might better be able to prevent associations and their advisors and vendors from manipulating the laws and the invoices they claim we owe, from stealing our homes -- especially those that are "free and clear." You did not prevent foreclosures. You did not prevent sabotage during our escrows. Instead, you took away rights to assign our proxies to our personal representatives, family members, and caretakers. You stole our rights as owners to receive ADEQUATE due notice to be able to attend association board meetings. You took away our rights to receive Minutes of those association business meetings without having to pay an arm and a leg, let alone "beg" for the opportunity to merely "read" the minutes, let alone "receive" them -- and without being made to climb up a telephone poll to seek out where the management company or board decided to "hide the minutes" or "post" it, just to be able to "look" at the damn thing.
What follows, is Memorandum after Memorandum, Study after Study, each more useless than the one before it. To be sure, if anyone's job performance was as poor as the California Law Revision Commission's has been, well, you know what would happen to them.
Frankly, if it were up to me, the California Law Revision Commission would be sued and made to return all the grant money it too from the State -- and give it back to the homeowners.
May 4, 2001, Study H-851, Memorandum 2001-03 "Nonjudicial Dispute Resolution Under CID Law: Jurisdiction of Small Claims Court."
"This memorandum reviews the existing law governing jurisdiction of the small claims court and examines the suitability of the small claims process for dispute resolution in the common interest development context. It concludes with possible revisions of the law governing small claims jurisdiction that the Commission may wish to pursue."
May 3, 2001, Study H-851, Memorandum 2001-44, "Nonjudicial Dispute Resolution Under CID Law: Role of Attorney General."
May 4, 2001, Study H-851, Memorandum 2001-43, "Nonjudicial Dispute Resolution Under CID Law: Jurisdiction of Small Claims Court."
Comment: Take a look at the "promise" and resulting mess that the California Law Revision Commission created in this memorandum.
May 10, 2001, Study H-851, First Supplement to Memorandum 2001-42, "Nonjudicial Dispute Resolution Under CID Law: General Approach."
Comment: Despite the warnings from Donie Vanitzian, the California Law Revision Commission failed to close the loopholes she wrote of, and failed, to fix the problems. In that Exhibit, Ms. Vanitzian states "There should be a moratorium on new CID legislation." The California Law Revision Commission's response to her: "The staff notes that the Commission's position as always been that the fact that the Commission is studying a topic should NOT be used in the interim as an EXCUSE to DERAIL needed legislation. Unfortunately, we believe the Commission’s study of CID law is being used as an argument by opponents of bills seeking to defeat the bills."
June 14, 2001, Study H-851, Memorandum 2001-55, "Nonjudicial Dispute Resolution Under CID Law: Due Process in Association Rulemaking and Decision-making."
August 6, 2001, Study H-850, Memorandum 2001-63, "Common Interest Development law: Structure of Davis-Stirling Act."
"The Davis-Stirling Common Interest Development Act is found at Civil Code Sections 1350-1376. It is an undifferentiated mass of 44 sections, some of them many pages in length. While the sections tend to follow a roughly logical sequence, locating material within the body of the Davis-Stirling Act is a challenge. . . . [It is] hard to work with . . . may also be a major cause of complaints that the statute fails to deal with a particular issue. . .The staff thinks it would be helpful to provide a general organizational structure to the Davis-Stirling Act. This could be done simply by adding descriptive chapter and article headings to the statute without touching the body of the statute. no renumbering or rearranging of sections would be required. We would add a constructional provision to make clear that the headings that are added do not affect the interpretation or meaning of the sections."
Comment: Imagine that! The Commission "would add a constructional provision to make clear that the headings that are added do not affect the interpretation or meaning of the sections." That's a tough one to do. Did the Commission require high school diplomas for that accomplishment?
December 21, 2001, Study H-851, Memorandum 2002-9, "Nonjudicial Dispute Resolution Under CID Law: Procedural Fairness in Association Rulemaking and Decisionmaking (DRAFT of Tentative RECOMMENDATIONS)."
April 12, 2002, Study H-851, Memorandum 2002-24, "Nonjudicial Dispute Resolution Under CID Law: Procedural Fairness in Association Rulemaking and Decisionmaking (DRAFT of Tentative RECOMMENDATIONS)."
"[T]he Commission reviewed a staff draft tentative recommendation proposing the CREATION of STATUTORY PROCEDURES TO GOVERN ASSOCIATION rulemaking and association review of proposed alterations of separate interest property. . .".
Comment: It must be a very cumbersome task for the Commission to review its own staff recommendations.
Then the ultimate mother of inefficiency lands:
May 2002, #H-850, 851, "California Law Revision Commission Tentative Recommendation, Organization of Davis-Stirling Common Interest Development Act; Procedural Fairness in Association Rulemaking and Decisionmaking."
Comment: Enclosed please see page 9 of that same document. Look familiar to anyone? It appears that the Commission has been down this same road before.
November 18, 2002, Study H-851, Memorandum 2002-60, "Nonjudicial Dispute Resolution Under CID Law: Procedural Fairness in Association Rulemaking and Decisionmaking (DRAFT of Tentative RECOMMENDATIONS)."
Comment: Enclosed please see page 15 of that same document. Look familiar to anyone?
November 27, 2002, Study H-851, Memorandum 2002-55, "Nonjudicial Dispute Resolution Under CID Law: Procedural Fairness in Association Rulemaking and Decisionmaking (DRAFT of Tentative RECOMMENDATIONS)."
Comment: Enclosed please see page 16 of that same document. Look familiar to anyone?
May 5, 2003, Study H-851, Memorandum 2003-18, "Alternative Dispute Resolution Under CID Law (Comments on Tentative RECOMMENDATION)."
Comment: Wasn't that where the California Law Revision Commission proposed an "Information Center?" What a total waste of time and money spent on this frivolous useless, project of yours.
June 2, 2003, Study H-851, Memorandum 2003-23, "Procedural Fairness in CID Rulemaking and Decisionmaking: Issues on AB 512 (Bates)."
Comment: How is it the California Law Revision Commission can get "involved" in something like this! Your mandate is supposed to be "LIMITED."
July 24, 2003, Study H-851, Memorandum 2003-31, "Alternative Dispute Resolution Under CID Law (Comments on Tentative RECOMMENDATION)."
October 31, 2003, Study H-852, Memorandum 2003-37, "Common Interest Development Law: Uniform Common Interest Ownership Act."
Comment: While homeowners have been accusing the California Law Revision Commission of underhanded dealings that favor the industry, this particular Memorandum hit home.
November 7, 2003, Study H-851, Memorandum 2003-40, "Common Interest Development Law: CID Information Center."
Comment: The California Law Revision Commission recommended this BAD LAW that all consumers would have to live with.
March 30, 2004, Study H-853, Memorandum 2004-20, "State Oversight of Common Interest Developments (Discussion of Issues)."
"The Commission has decided to investigate the possibility of establishing a state agency to oversee common interest developments and assist in the resolution of CID disputes."
April 8, 2004, Study H-851, Memorandum 2004-23, "Common Interest Development Law: AB 1836 (Harman); AB 2376 (Bates)."
Comment: Here we go again. Homeowners are pawns on the playing board of the California Law Revision Commission.
June 2, 2004, Study H-851, Second Supplement to Memorandum 2004-27, "2004 Legislative Program: Common Interest Development Law."
Comment: The California Law Revision Commission is fooling no one. Knowing no such specialty exists at the California State Bar, YOU keep referring to "Common Interest Development LAW," for and bogus "restructuring" to accomplish what industry attorneys want from you--that is, create a specialty in "common interest developments " so that association attorneys can then flog that specialty to death and charge more. In that way, you would diminish the pool of available GOOD lawyers, prevent other lawyers that would otherwise assist homeowners, and cause the specialist lawyers to BUMP UP THEIR FEES. It appears that the California Law Revision Commission is nothing more than a FULL EMPLOYMENT ACT FOR LAWYERS. The Commission appears to be assisting the industry to create a specialty where none need exist.
August 9, 2004, Study H-853, Memorandum 2004-39, "State Assistance to Common Interest Developments (Staff Draft)."
"The Commission has directed the staff to prepare a draft proposal for creation of a common interest development oversight agency."
Comment: Here, the California Law Revision Commission continues in its finest form to create a bureaucratic nightmare for everyone but itself. The Commission has failed to successfully implement ANY of the items it undertook prior to this date. Yet, it now directs its staff to perform more frivolous gymnastics for no other reason than to substantiate its grant money. I say this, because to date, you have not in any meaningful manner helped my profession and you have absolutely screwed up the laws for people like me that are forced to try to live under them while not being able to adequately protect my assets because of you.
September 6, 2004, Study H-853, Second Supplement to Memorandum 2004-39, "State Assistance to Common Interest Developments (Staff Draft)."
"Ms. Vanitzian believes that . . . (2) [a]ny state oversight of common interest developments should be within the Department of Corporations. Note that this suggestion is based in part on Ms. Vanitzian’s mistaken belief that the Commission is proposing that all homeowners associations be required to incorporate."
Comment: While the California Law Revision Commission may not have come right out and influenced the California Legislature to do what Ms. Vanitzian prophetically saw some time ago, the Commission's influence and back door to legislation has all but accomplished exactly what she feared would happen -- through the use of "words." No doubt what the Commission would likely call it, "technical changes."
November 18, 2004, Study H-851, First Supplement to Memorandum 2004-47, "2004 Legislative Program: Technical Follow-Up."
Comment: One need only take a look at the fiasco and mish-mash that the California Law Revision Commission calls "technical follow-up" to understand the trouble owners are in, will be in, and is yet to come.
March 2, 2005, Study H-853, Memorandum 2005-10, "State Assistance to Common Interest Developments (Staff Draft Recommendations)."
Comment: Here, the California Law Revision Commission is so bored and uninformed they have to pull information from Las Vegas and Florida.
March 7, 2005, Study H-850, Memorandum 2005-3, "Common Interest Development Law: Catalog of Issues."
"When the Commission first began its study of common interest development law [there is no such thing], it decided to put a PRIORITY on IMPROVING nonjudicial approaches to resolving CID disputes.." (citations are omitted)
Comment: Interesting that the California Law Revision Commission has an ego so large, it would even take credit for something as bad as that.
"The purpose of this memorandum is to provide a basis for deciding which CID issues to study next."
Comment: The bigger question, is, "why isn't it up to those who are most affected by decisions people like those at the California Law Revision Commission are making for us?"
May 6, 2005, Study H-855, Memorandum 2005-18, "Statutory Clarification and Simplification of CID Law (Discussion of Issues)."
ad nauseam, "Common interest developments are governed by a complex body of law."
Comment: The same old California Law Revision Commission blah, blah, blah.
"CID law must be understood and applied by directors . . ".
Comment: No thanks to the California Law Revision Commission who at that point in 2005, had been wanking for over FIVE YEARS, with nothing to show for it.
September 19, 2005, Study H-855, Memorandum 2005-32, "Statutory Clarification and Simplification of CID Law: Member Rights."
"In this study, the Commission is working on the reorganization and simplification of common interest development law."
Comment: Still apparently lost and looking for the road, the California Law Revision Commission just doesn’t seem to get it right.
February 8, 2006, Study H-855, Memorandum 2006-4, "Statutory Clarification and Simplification of CID Law: Association Governance."
"In this study, the Commission is working on the reorganization and simplification of common interest development law."
Comment: The California Law Revision Commission still fails to pick a lane and still offers NO meaningful avenue for titleholders to pursue to protect their individual assets left at the mercy of unscrupulous boards of directors. Here, the California Law Revision Commission just doesn’t get it.
January 31, 2006, Study H-853, Memorandum 2006-12, "Common Interest Development Ombudsperson Pilot Project: Legislative Update."
"The Commission will need to decide whether to ratify those changes."
Comment: Really? Why so? Why is it that the California Law Revision Commission has the AUTHORITY to RATIFY ANYTHING? This Commission is acting outside its statutory scope, and owners are paying a dear price for that.
May 25, 2006, Study H-855, Memorandum 2006-25, "Statutory Clarification and Simplification of CID Law: Association Governance and Dispute Resolution."
"In this study, the Commission is working to reorganize and simplify common interest development statutory law. The intention is to make CID law easier to understand and use by improving its presentation and resolving ambiguities and conflicts."
Comment: Why don't you tell readers the truth. You failed at all other attempts to infiltrate the laws with industry propaganda, so you now want to try it again while you are still on the government’s payroll. Frankly, I am sick and tired of paying your salaries. Your worthless "projects" are, and have been, disastrous for deed-restricted property owners. What you are really doing has nothing to do with "simplification." Your intent now, is to disorient those owners and real estate professionals who must perform their own due diligence in assisting their clients, by, using your words "making CID law easier to understand by improving its presentation and resolving ambiguities and conflicts." Mr. Hebert, do us all a favor -- keep your "improvements" to yourself and let the owners be the judge of "presentation" -- we've seen what the Commission has done to resolve "ambiguities and conflicts" and we are not impressed by any means. Leave it alone. If you didn't get the message, we're sick of the Commission and its self-indulgence at our expense.
August 8, 2006, Study H-855, Memorandum 2006-33, "Statutory Clarification and Simplification of CID Law: Discussion of Issues."
"In this study, the Commission is working to reorganize and simplify common interest development statutory law. The intention is to make CID law easier to understand and use by improving its presentation and resolving ambiguities and conflicts. Most of the improvements in the proposed law will be technical. Some noncontroversial substantive improvements will also be included."
Comments: To be sure, the California Law Revision Commission has already screwed up the Code of Civil Procedure, the Evidence Codes, Mediation code sections, and a host of others. So you know, the words "screwed up" were not from me, but from my legal friends who are stuck trying to work around the damage that the Commission is responsible for causing. The Commission needs to be stopped and they need to stopped right now. Not tomorrow. Not next week. Not in a month. But now! Please understand this, we are in no way interersted in your so-called "noncontroversial substantive improvements" because we have come to learn that's just a bunch of hot air industry rhetoric for "we couldn’t get this stuff in through the normal channels so we're sneaking it in here." Would it not be easier to merely not sell the property in a common interest development, but to instead ask for buyers to turn over their bank accounts and then cut their losses by walking away. In effect, that is what happens when one purchases a deed-restricted property, except they cannot merely walk away because of exaggerated and unsubstantiated hostage fees; and sabotage by boards and management companies. Might it be more truthful to warn buyers that they will be tortured in ways unimaginable and by a variety of sources as long as they continue to own in a common interest development. Maybe you can add that to your proposed "noncontroversial substantive improvements."
August 21, 2006, Legis Prog., Memorandum 2006-13, "2006 Legislative Program: Status of Bills."
Comment: This particular publication should have nothing to do with the California Law Revision Commission and the CLRC should have nothing to do with those bills. It is the job of the Legislature to make public those items, not the CLRC.
January 16, 2007, Study H-855, Memorandum 2007-4, "Statutory Clarification and Simplification of CID Law: Member Elections."
"In this study, the Commission is working to reorganize and simplify common interest development statutory law. The intention is to make CID law easier to understand and use by improving its presentation and resolving ambiguities and conflicts."
Comment: Just who the hell does the California Law Revision Commission think it is? No one with a brain could possibly take these words together in the same sentence seriously: "intention is to make CID law easier to understand and use by improving its presentation and resolving ambiguities and conflicts." Mr. Hebert, if you could hear what my clients are saying about the Commission, let alone the Califiornia Legislature, you might seriously want to rethink using those words in the same sentence. The Commission's dumbing-down of the laws affecting how I live in my home, that have already been watered down to the extent that as an owner I cannot use ONE of them EFFECTIVELY (and believe me I have TRIED) is almost unconscionable. Why? Because the Commission continues to screw this up for us even today. With all due respect Mr. Hebert, I am no longer interested in what your Commision's "intent" is. The Commission has proven its colours several times over, and it is unimpressive what it has managed to destroy. I feel comfortable saying, the public has very little faith in the California Law Revision Commission.
January 19, 2007, Study J-506, Memorandum 2007-2, "Civil Discovery Improvements: Subpoenaed Consumer Records."
Comment: I refer the public to this particular Memorandum for a reason. I do not want the public, or new deed-restricted owners to think that the laws the California Law Revision Commission influences with regard to common interest developments are an "island." Laws like the one under the referenced Memorandum have a devastating effect on deed-restricted property owners, but the Commission just doesn't care. One of the reasons you don't care, is because you FAIL to perform adequate research, not unlike California's Senators and Assemblypersons. I have watched researches track down a law, so poorly written, only to find its genesis was the California Law Revision Commission. The Commission is all over the map, all over the road, and they are road hogs, mowing down anyone in their way. It is evident through its actions, that the Commission does not care who they destroy in the interim and they do not care what it costs the public.
April 18, 2007, Study H-855, Fourth Supplement to Memorandum 2007-4, "Statutory Clarification and Simplification of CID Law: Member Elections."
Comment: It is so abundantly clear that the California Law Revision Commission has failed miserably in whatever it is that you are supposed to be doing. The Exhibits in this Memorandum, are damning to you. Further, your waffling in not answering and in not being held accountable, inasmuch as palming off the responsibility for such bad laws onto those who "were responsible for authoring them" is unacceptable.
June 1, 2007, Study H-855, Memorandum 2007-24, "Statutory Clarification and Simplification of CID Law (Staff Draft Tentative Recommendations)."
Comment: The California Law Revision Commission has managed to worsen an already bad situation. I don’t think I've seen anything as blatantly incompetent as this in a long time. Let me see if I understand your intent, the Commission wants to simply the laws for themselves? Is that it? Or do you want to simply the laws to make it easier to sue and destroy homeowners? Which is it really?
June 21, 2007, Study H-855, Second Supplement to Memorandum 2007-24, "Statutory Clarification and Simplification of CID Law (Preliminary Part)."
"The attachment to this memorandum is a staff draft of the narrative preliminary part for the proposed reorganization of the Davis-Stirling Common Interest Development Act."
Comment: History bears out, that the Commission's projects are nothing but busy work -- is that the best you could do? Go back in the statutes and read the trite language put forth by the California Law Revision Commission in an attempt to substantiate its "busy work." Look at how many repeals it was responsible for. Look at how many laws had to be rewritten because of poor recommendations, most made for no other reason than to placate special interests and industry. The Commission's reorganization is ridiculous. It disenfranchises every titleholder in the State who has spent a lifetime coming to understand the laws as they exist now.
To date, every law that the California Law Revision Commission has been involved with, has done NOTHING to assist residential deed-restricted owners in any meaningful way.
NOT ONE Code Section has been without its flaws. NOT ONE Code Section has benefited the titleholder whose assets are at risk. NOT ONE Code Section has been self-explanatory to the extent a judge would be able to understand the damn thing. (and don't tell me they understand it, I've been there. Done that. They don't have a bloody clue) BUT, almost every Code Section provides attorney fees for the association; diverts owners into side shows of arbitration, mediation, requests for resolution, meet and confer nonsense--all prejudice the OWNER. All, regardless of what the Commission wants to convince itself of, are costly to titleholders in ways the Commission will never understand. The word "homeowner" is barely used in any of the Code Sections, instead, the Commission neutralizes all titleholders by diminishing not only their miniscule rights but their abilities to be able to protect themselves, their families, and their assets--while at the same time building in protections for errant boards, their co-conspirators, and advisors.
Mr. Hebert, you and that so-called Commission of yours, have not been helpful to homeowners. You have a lot to answer for, and frankly, you and the rest of the "Commission" should truly be ashamed at the utter waste of taxpayer funds expended to all but demolish, demoralize, and handicap deed-restricted homeowners.
Thank you for your time.
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What is better in HOA Management? Transparency and Accountability or Feel Good?May 22, 2007Mostly 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...
HOW DO OWNERS SPELL L-A-W S-U-I-T? SENATE BILL NO. 127!XThis author asks WHERE ARE THE PENALTIES AGAINST MANAGEMENT COMPANIES AND BOARDS? WHAT?S THE PENALTY FOR BREAKING THE LAWS THAT THESE LEGISLATORS ARE PASSING?
Two of the Worst & Most Detrimental Laws to Hit California are Sponsored by None Other than: California Association of Realtors (R) The Gold is Gone --No more gold in the Golden State!Dear Governor Arnold Schwarzenegger,SHATZI! PLEASE REMEMBER YOUR PROMISE TO US. Please listen to the people who support you and look to you to help us! When you first began buying property in California NO ONE told you what you could or could not do...
THE LAW OF INTENDED CONSEQUENCES - WHAT A DIFFERENCE A "WORD" MAKES: NO! ON ASSEMBLY BILL NO. 563It apparently does not matter that titleholders with a vested interest in their property cannot get their legislators to carry legislation to help US, but, they can waste taxpayer funds by preventing the bills WE WANT and NEED by CHANGING *ONE* WORD in an...
EMERGENCY! EMERGENCY! OOPS! WE JUST HAD THE MEETING! YOU MISSED IT!!So THIS is what the Senate calls an "Open Meeting." How many Open Meetings have THEY been to? Obviously not many. ROTFLMAO!
CAN YOU OUTSWIM YOUR HOA SHARKS? or will you drown trying?Owning, let alone living in an HOA is a tough JOB and requires you be physically fit, possess a certain sophistication of the processes, and have the character let alone stamina, that allows you to be persistent in a manner that indescribable to REAL...
HEY GRAY PANTHERS! YOU GOT IT WRONG!(c) D. VanitzianMay 16, 2007The Gray Panthers are on record as SUPPORTING A BAD BAD BAD BAD BILL: Senate Bill Number 948. SHAME ON YOU. Where the heck are you getting your information from?
The Law of Unintended Consequences: Legislation and HOA BOD Cause and Effect: Clueless in my CARComing off a most improbable but successful campaign to defeat SB 670 author and HOA advocate Vanitizian thanks supporters making a connection between the quality of legislation being passed in Sacramento, and the quality of life in most homeowners...
Paraphrasing the LA Times on Defeat of SB670 & Wicked Twin Witches of the West - SB 127 & AB-980Taking a page out of the OC Register?s ?paraphrased reporting?, an article written by LA Times staff writer Diane Weder titled ?Bill to limit transfer fee founders?, published appropriately on May 13, 2007, quotes the president of the statewide Realtors...
Private Transfer Tax - Good for the Common Interest Development (HOA/CID) Industry or Good for the Politicians?When we received our copy of the report that the California Association of Realtors (CAR) used to Sponsor and help draft transfer fees, we were confused. Given that Vanitzian has become an icon in Sacrament (some say a thorn in the legislature's side),...
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The CotoBuzz Journal P.O. Box 154 Trabuco Canyon, CA 92678 (509) 355-8895
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July 23, 2007
IF owners do NOT oppose this frivolous project now, you will be funding your own demise; and owners must be quick in stopping this so-called Project from moving forward -- Please do not wait to write -- do it now.
(c) 2007 Donie Vanitzian
Please Note: For the purpose of internet publication, I have redacted the letter writer's name. Anyone who wishes to obtain copies of the exhibits that were attached and submitted with the original sent to the California Law Revision Commission, write me directly.
The following letter was given to me by a seasoned real estate broker who is fed up with the impact of bad laws on him, his family, his clients and the public in general. He has lost faith in the trade group that he is a member of, who professes to further the interests of real estate professionals like him, the trade group is California Association of Realtors. Their latest devastating piece of legislation, Assembly Bill 980, is nothing more than a bill that functions as DOUBLE TAXATION WITHOUT REPRESENTATION -- it functions to steal big chunks of your equity WITHOUT YOU BEING ABLE TO STOP IT -- AND IT DOES SO EVERY TIME you buy or sell -- and who knows, even REFINANCE -- and that group is/was/has pushed to make certain that such money WITHDRAWALS FROM YOUR ACCOUNT come directly out of YOUR escrow and that you will NEVER be able to stop it (that’s why they want to pass Assembly Bill 980 and make it the LAW). By the time owners try to stop the bad legislation IT IS TOO LATE. Many times, owners wait too long to make a difference -- only the massive amounts of opposition letters that are written to these STUPID AGENCIES might help us PROTECT OUR HOMES AND ASSETS THAT THESE INDUSTRIES WANT TO STEAL FROM US. That is why, you MUST PLEASE HELP STOP the California Law Revenge Commission from sending their monstrous project over to the California Legislature to be entered into the statute books.
Once that happens, you may not have time to buy, sell, move, and adequately protect your assets from what is about to happen to you. By the way, as if you did not already know, DO NOT BELIEVE ANYTHING THE LEGISLATORS AND THE CALIFORNIA LAW REVISION COMMISSION TELLS YOU. You OWE IT TO YOURSELF, to seek out the TRUTH. Read the track record of the Commission's failure.
You have a chance to make a difference right now! I am urging EVERYONE who reads his letter, to take ONE MINUTE -- and not put it off -- to write the California Law Revenge Commission at the address in the letter and ORDER THEM TO STOP their wasteful project. If you do not stop this project right now, you will be scrambling like crazy once this stupid Commission sends it to our stupid legislature.
.................................................................................................................................
July 19, 2007
Mr. Brian Hebert
California Law Revision Commission
3200 5th Avenue
Sacramento, CA 95817
4000 Middlefield Road, Room D-1
Palo Alto, California 94303-4739
Re: TR-H855 and the CLRC's wholesale rewrite of Davis-Stirling Act
Dear Mr. Hebert,
So there is no misunderstanding what my letter is about, I oppose the California Law Revision's project and wholesale rewrite of the Davis-Stirling Act under the guise of TR-H855. In a word, I find the Commission's actions on that topic, "deceitful."
I am also against the California Law Revision Commission's interference with common interest development titleholders and the laws affecting us in general. Please do not try to justify your untenable actions, I for one, am sick of the Commission's condescension toward anyone who disagrees with it. This project has been up your sleeve for some time, apparently waiting for a lull while the public sleeps so you can push your agenda. You are pushing this project through as if you know something the rest of us don't.
I am no fan of the Davis-Stirling Act BUT do not want the California Law Revision Commission to revamp it. Leave it alone. Change the "name" of the "Act" if you have to substantiate your pay checks, but leave the Civil Code Sections pertaining to the present Davis-Stirling Act in place with the same section numbers. This project will not serve the public interest in any way. It will also create a fiscal impact on the State of California the likes of which the Commission, given its prior pattern of incompetence, will no doubt gloss over.
The Commission has misled the public into believing that its actions are warranted and much needed. Contrary to that representation, the California Law Revision is not needed in the area of common interest developments and its mandate, if there is one, should be removed i.e., stripped. In fact, I feel confident in making the statement that with regard to common interest developments, the California Law Revision has done more harm than good.
I've owned my share of condos. I am a Personal Financial Planner, a Registered Representative (Security and Exchange Commission), licensed Insurance Broker, and a Realtor® Broker of over 20 years. While I specialize in commercial property sales many of my clients are also residential sellers who want to dump their condominiums or other common interest development properties that are subject to homeowner associations.
The majority of buyers continue to contact their Realtor® well after the purchase. The reason? They had no idea how BAD living and owning in a common interest development really is.
It is difficult enough to try to sell this type of property without the likes of the California Law Revision Commission sticking its nose where it does not belong. I refer specifically to your obsession to interfere, repeal, influence, and/or make recommendations to California's impressionable Legislature on what the laws should and should not be. Do not tell me you don’t do this—because you do.
Your influence and frivolous projects pertaining to common interest developments, I dare say, are responsible for the mess that has been perpetuated by Legislators too lazy to understand what their job is and too overpaid to care about the bad legislation they pass.
Perhaps because of the vacuum it has created for itself, you apparently are unaware of the myriad of books and articles which do not speak highly about the California Law Revision Commission, in fact, even JUDGES denigrate the Commission. I have several Real Estate books, one of which is written by a retired Judge, others are written by attorneys who are Real Estate experts that expose the Commission for what it is and is not. They expose, the laws that do not work and are poorly written, and many of these are inevitably traced back to the novice and uninformed HASTY and impetuous recommendations made and SHOVED DOWN OUR THROATS by the California Law Revision Commission. Some of what the Commission has published to substantiate the bad decisions, is downright embarrassing.
To even contemplate the California Law Revision Commission making a substantial rewrite of the codes that common interest development homeowners are mandated to live by and under, is chilling to say the least, bearing in mind the many past screw ups you and the Commission have been responsible for.
Needless to say, too many of the embarrassing Memorandums that I reference here are over one hundred pages long, therefore, I have only enclosed the pertinent page or two, to which I specifically refer. Just take a look at the ongoing disaster (and it IS a disaster Mr. Hebert) that the California Law Revision Commission has created for deed-restricted owners. NOT ONE of these useless Commission "Recommendations" provides per se penalties against boards of directors, management companies, managers, and so on. You did not give us back our full homestead exemptions so that we might better be able to prevent associations and their advisors and vendors from manipulating the laws and the invoices they claim we owe, from stealing our homes -- especially those that are "free and clear." You did not prevent foreclosures. You did not prevent sabotage during our escrows. Instead, you took away rights to assign our proxies to our personal representatives, family members, and caretakers. You stole our rights as owners to receive ADEQUATE due notice to be able to attend association board meetings. You took away our rights to receive Minutes of those association business meetings without having to pay an arm and a leg, let alone "beg" for the opportunity to merely "read" the minutes, let alone "receive" them -- and without being made to climb up a telephone poll to seek out where the management company or board decided to "hide the minutes" or "post" it, just to be able to "look" at the damn thing.
What follows, is Memorandum after Memorandum, Study after Study, each more useless than the one before it. To be sure, if anyone's job performance was as poor as the California Law Revision Commission's has been, well, you know what would happen to them.
Frankly, if it were up to me, the California Law Revision Commission would be sued and made to return all the grant money it too from the State -- and give it back to the homeowners.
May 4, 2001, Study H-851, Memorandum 2001-03 "Nonjudicial Dispute Resolution Under CID Law: Jurisdiction of Small Claims Court."
"This memorandum reviews the existing law governing jurisdiction of the small claims court and examines the suitability of the small claims process for dispute resolution in the common interest development context. It concludes with possible revisions of the law governing small claims jurisdiction that the Commission may wish to pursue."
May 3, 2001, Study H-851, Memorandum 2001-44, "Nonjudicial Dispute Resolution Under CID Law: Role of Attorney General."
May 4, 2001, Study H-851, Memorandum 2001-43, "Nonjudicial Dispute Resolution Under CID Law: Jurisdiction of Small Claims Court."
Comment: Take a look at the "promise" and resulting mess that the California Law Revision Commission created in this memorandum.
May 10, 2001, Study H-851, First Supplement to Memorandum 2001-42, "Nonjudicial Dispute Resolution Under CID Law: General Approach."
Comment: Despite the warnings from Donie Vanitzian, the California Law Revision Commission failed to close the loopholes she wrote of, and failed, to fix the problems. In that Exhibit, Ms. Vanitzian states "There should be a moratorium on new CID legislation." The California Law Revision Commission's response to her: "The staff notes that the Commission's position as always been that the fact that the Commission is studying a topic should NOT be used in the interim as an EXCUSE to DERAIL needed legislation. Unfortunately, we believe the Commission’s study of CID law is being used as an argument by opponents of bills seeking to defeat the bills."
June 14, 2001, Study H-851, Memorandum 2001-55, "Nonjudicial Dispute Resolution Under CID Law: Due Process in Association Rulemaking and Decision-making."
August 6, 2001, Study H-850, Memorandum 2001-63, "Common Interest Development law: Structure of Davis-Stirling Act."
"The Davis-Stirling Common Interest Development Act is found at Civil Code Sections 1350-1376. It is an undifferentiated mass of 44 sections, some of them many pages in length. While the sections tend to follow a roughly logical sequence, locating material within the body of the Davis-Stirling Act is a challenge. . . . [It is] hard to work with . . . may also be a major cause of complaints that the statute fails to deal with a particular issue. . .The staff thinks it would be helpful to provide a general organizational structure to the Davis-Stirling Act. This could be done simply by adding descriptive chapter and article headings to the statute without touching the body of the statute. no renumbering or rearranging of sections would be required. We would add a constructional provision to make clear that the headings that are added do not affect the interpretation or meaning of the sections."
Comment: Imagine that! The Commission "would add a constructional provision to make clear that the headings that are added do not affect the interpretation or meaning of the sections." That's a tough one to do. Did the Commission require high school diplomas for that accomplishment?
December 21, 2001, Study H-851, Memorandum 2002-9, "Nonjudicial Dispute Resolution Under CID Law: Procedural Fairness in Association Rulemaking and Decisionmaking (DRAFT of Tentative RECOMMENDATIONS)."
April 12, 2002, Study H-851, Memorandum 2002-24, "Nonjudicial Dispute Resolution Under CID Law: Procedural Fairness in Association Rulemaking and Decisionmaking (DRAFT of Tentative RECOMMENDATIONS)."
"[T]he Commission reviewed a staff draft tentative recommendation proposing the CREATION of STATUTORY PROCEDURES TO GOVERN ASSOCIATION rulemaking and association review of proposed alterations of separate interest property. . .".
Comment: It must be a very cumbersome task for the Commission to review its own staff recommendations.
Then the ultimate mother of inefficiency lands:
May 2002, #H-850, 851, "California Law Revision Commission Tentative Recommendation, Organization of Davis-Stirling Common Interest Development Act; Procedural Fairness in Association Rulemaking and Decisionmaking."
Comment: Enclosed please see page 9 of that same document. Look familiar to anyone? It appears that the Commission has been down this same road before.
November 18, 2002, Study H-851, Memorandum 2002-60, "Nonjudicial Dispute Resolution Under CID Law: Procedural Fairness in Association Rulemaking and Decisionmaking (DRAFT of Tentative RECOMMENDATIONS)."
Comment: Enclosed please see page 15 of that same document. Look familiar to anyone?
November 27, 2002, Study H-851, Memorandum 2002-55, "Nonjudicial Dispute Resolution Under CID Law: Procedural Fairness in Association Rulemaking and Decisionmaking (DRAFT of Tentative RECOMMENDATIONS)."
Comment: Enclosed please see page 16 of that same document. Look familiar to anyone?
May 5, 2003, Study H-851, Memorandum 2003-18, "Alternative Dispute Resolution Under CID Law (Comments on Tentative RECOMMENDATION)."
Comment: Wasn't that where the California Law Revision Commission proposed an "Information Center?" What a total waste of time and money spent on this frivolous useless, project of yours.
June 2, 2003, Study H-851, Memorandum 2003-23, "Procedural Fairness in CID Rulemaking and Decisionmaking: Issues on AB 512 (Bates)."
Comment: How is it the California Law Revision Commission can get "involved" in something like this! Your mandate is supposed to be "LIMITED."
July 24, 2003, Study H-851, Memorandum 2003-31, "Alternative Dispute Resolution Under CID Law (Comments on Tentative RECOMMENDATION)."
October 31, 2003, Study H-852, Memorandum 2003-37, "Common Interest Development Law: Uniform Common Interest Ownership Act."
Comment: While homeowners have been accusing the California Law Revision Commission of underhanded dealings that favor the industry, this particular Memorandum hit home.
November 7, 2003, Study H-851, Memorandum 2003-40, "Common Interest Development Law: CID Information Center."
Comment: The California Law Revision Commission recommended this BAD LAW that all consumers would have to live with.
March 30, 2004, Study H-853, Memorandum 2004-20, "State Oversight of Common Interest Developments (Discussion of Issues)."
"The Commission has decided to investigate the possibility of establishing a state agency to oversee common interest developments and assist in the resolution of CID disputes."
April 8, 2004, Study H-851, Memorandum 2004-23, "Common Interest Development Law: AB 1836 (Harman); AB 2376 (Bates)."
Comment: Here we go again. Homeowners are pawns on the playing board of the California Law Revision Commission.
June 2, 2004, Study H-851, Second Supplement to Memorandum 2004-27, "2004 Legislative Program: Common Interest Development Law."
Comment: The California Law Revision Commission is fooling no one. Knowing no such specialty exists at the California State Bar, YOU keep referring to "Common Interest Development LAW," for and bogus "restructuring" to accomplish what industry attorneys want from you--that is, create a specialty in "common interest developments " so that association attorneys can then flog that specialty to death and charge more. In that way, you would diminish the pool of available GOOD lawyers, prevent other lawyers that would otherwise assist homeowners, and cause the specialist lawyers to BUMP UP THEIR FEES. It appears that the California Law Revision Commission is nothing more than a FULL EMPLOYMENT ACT FOR LAWYERS. The Commission appears to be assisting the industry to create a specialty where none need exist.
August 9, 2004, Study H-853, Memorandum 2004-39, "State Assistance to Common Interest Developments (Staff Draft)."
"The Commission has directed the staff to prepare a draft proposal for creation of a common interest development oversight agency."
Comment: Here, the California Law Revision Commission continues in its finest form to create a bureaucratic nightmare for everyone but itself. The Commission has failed to successfully implement ANY of the items it undertook prior to this date. Yet, it now directs its staff to perform more frivolous gymnastics for no other reason than to substantiate its grant money. I say this, because to date, you have not in any meaningful manner helped my profession and you have absolutely screwed up the laws for people like me that are forced to try to live under them while not being able to adequately protect my assets because of you.
September 6, 2004, Study H-853, Second Supplement to Memorandum 2004-39, "State Assistance to Common Interest Developments (Staff Draft)."
"Ms. Vanitzian believes that . . . (2) [a]ny state oversight of common interest developments should be within the Department of Corporations. Note that this suggestion is based in part on Ms. Vanitzian’s mistaken belief that the Commission is proposing that all homeowners associations be required to incorporate."
Comment: While the California Law Revision Commission may not have come right out and influenced the California Legislature to do what Ms. Vanitzian prophetically saw some time ago, the Commission's influence and back door to legislation has all but accomplished exactly what she feared would happen -- through the use of "words." No doubt what the Commission would likely call it, "technical changes."
November 18, 2004, Study H-851, First Supplement to Memorandum 2004-47, "2004 Legislative Program: Technical Follow-Up."
Comment: One need only take a look at the fiasco and mish-mash that the California Law Revision Commission calls "technical follow-up" to understand the trouble owners are in, will be in, and is yet to come.
March 2, 2005, Study H-853, Memorandum 2005-10, "State Assistance to Common Interest Developments (Staff Draft Recommendations)."
Comment: Here, the California Law Revision Commission is so bored and uninformed they have to pull information from Las Vegas and Florida.
March 7, 2005, Study H-850, Memorandum 2005-3, "Common Interest Development Law: Catalog of Issues."
"When the Commission first began its study of common interest development law [there is no such thing], it decided to put a PRIORITY on IMPROVING nonjudicial approaches to resolving CID disputes.." (citations are omitted)
Comment: Interesting that the California Law Revision Commission has an ego so large, it would even take credit for something as bad as that.
"The purpose of this memorandum is to provide a basis for deciding which CID issues to study next."
Comment: The bigger question, is, "why isn't it up to those who are most affected by decisions people like those at the California Law Revision Commission are making for us?"
May 6, 2005, Study H-855, Memorandum 2005-18, "Statutory Clarification and Simplification of CID Law (Discussion of Issues)."
ad nauseam, "Common interest developments are governed by a complex body of law."
Comment: The same old California Law Revision Commission blah, blah, blah.
"CID law must be understood and applied by directors . . ".
Comment: No thanks to the California Law Revision Commission who at that point in 2005, had been wanking for over FIVE YEARS, with nothing to show for it.
September 19, 2005, Study H-855, Memorandum 2005-32, "Statutory Clarification and Simplification of CID Law: Member Rights."
"In this study, the Commission is working on the reorganization and simplification of common interest development law."
Comment: Still apparently lost and looking for the road, the California Law Revision Commission just doesn’t seem to get it right.
February 8, 2006, Study H-855, Memorandum 2006-4, "Statutory Clarification and Simplification of CID Law: Association Governance."
"In this study, the Commission is working on the reorganization and simplification of common interest development law."
Comment: The California Law Revision Commission still fails to pick a lane and still offers NO meaningful avenue for titleholders to pursue to protect their individual assets left at the mercy of unscrupulous boards of directors. Here, the California Law Revision Commission just doesn’t get it.
January 31, 2006, Study H-853, Memorandum 2006-12, "Common Interest Development Ombudsperson Pilot Project: Legislative Update."
"The Commission will need to decide whether to ratify those changes."
Comment: Really? Why so? Why is it that the California Law Revision Commission has the AUTHORITY to RATIFY ANYTHING? This Commission is acting outside its statutory scope, and owners are paying a dear price for that.
May 25, 2006, Study H-855, Memorandum 2006-25, "Statutory Clarification and Simplification of CID Law: Association Governance and Dispute Resolution."
"In this study, the Commission is working to reorganize and simplify common interest development statutory law. The intention is to make CID law easier to understand and use by improving its presentation and resolving ambiguities and conflicts."
Comment: Why don't you tell readers the truth. You failed at all other attempts to infiltrate the laws with industry propaganda, so you now want to try it again while you are still on the government’s payroll. Frankly, I am sick and tired of paying your salaries. Your worthless "projects" are, and have been, disastrous for deed-restricted property owners. What you are really doing has nothing to do with "simplification." Your intent now, is to disorient those owners and real estate professionals who must perform their own due diligence in assisting their clients, by, using your words "making CID law easier to understand by improving its presentation and resolving ambiguities and conflicts." Mr. Hebert, do us all a favor -- keep your "improvements" to yourself and let the owners be the judge of "presentation" -- we've seen what the Commission has done to resolve "ambiguities and conflicts" and we are not impressed by any means. Leave it alone. If you didn't get the message, we're sick of the Commission and its self-indulgence at our expense.
August 8, 2006, Study H-855, Memorandum 2006-33, "Statutory Clarification and Simplification of CID Law: Discussion of Issues."
"In this study, the Commission is working to reorganize and simplify common interest development statutory law. The intention is to make CID law easier to understand and use by improving its presentation and resolving ambiguities and conflicts. Most of the improvements in the proposed law will be technical. Some noncontroversial substantive improvements will also be included."
Comments: To be sure, the California Law Revision Commission has already screwed up the Code of Civil Procedure, the Evidence Codes, Mediation code sections, and a host of others. So you know, the words "screwed up" were not from me, but from my legal friends who are stuck trying to work around the damage that the Commission is responsible for causing. The Commission needs to be stopped and they need to stopped right now. Not tomorrow. Not next week. Not in a month. But now! Please understand this, we are in no way interersted in your so-called "noncontroversial substantive improvements" because we have come to learn that's just a bunch of hot air industry rhetoric for "we couldn’t get this stuff in through the normal channels so we're sneaking it in here." Would it not be easier to merely not sell the property in a common interest development, but to instead ask for buyers to turn over their bank accounts and then cut their losses by walking away. In effect, that is what happens when one purchases a deed-restricted property, except they cannot merely walk away because of exaggerated and unsubstantiated hostage fees; and sabotage by boards and management companies. Might it be more truthful to warn buyers that they will be tortured in ways unimaginable and by a variety of sources as long as they continue to own in a common interest development. Maybe you can add that to your proposed "noncontroversial substantive improvements."
August 21, 2006, Legis Prog., Memorandum 2006-13, "2006 Legislative Program: Status of Bills."
Comment: This particular publication should have nothing to do with the California Law Revision Commission and the CLRC should have nothing to do with those bills. It is the job of the Legislature to make public those items, not the CLRC.
January 16, 2007, Study H-855, Memorandum 2007-4, "Statutory Clarification and Simplification of CID Law: Member Elections."
"In this study, the Commission is working to reorganize and simplify common interest development statutory law. The intention is to make CID law easier to understand and use by improving its presentation and resolving ambiguities and conflicts."
Comment: Just who the hell does the California Law Revision Commission think it is? No one with a brain could possibly take these words together in the same sentence seriously: "intention is to make CID law easier to understand and use by improving its presentation and resolving ambiguities and conflicts." Mr. Hebert, if you could hear what my clients are saying about the Commission, let alone the Califiornia Legislature, you might seriously want to rethink using those words in the same sentence. The Commission's dumbing-down of the laws affecting how I live in my home, that have already been watered down to the extent that as an owner I cannot use ONE of them EFFECTIVELY (and believe me I have TRIED) is almost unconscionable. Why? Because the Commission continues to screw this up for us even today. With all due respect Mr. Hebert, I am no longer interested in what your Commision's "intent" is. The Commission has proven its colours several times over, and it is unimpressive what it has managed to destroy. I feel comfortable saying, the public has very little faith in the California Law Revision Commission.
January 19, 2007, Study J-506, Memorandum 2007-2, "Civil Discovery Improvements: Subpoenaed Consumer Records."
Comment: I refer the public to this particular Memorandum for a reason. I do not want the public, or new deed-restricted owners to think that the laws the California Law Revision Commission influences with regard to common interest developments are an "island." Laws like the one under the referenced Memorandum have a devastating effect on deed-restricted property owners, but the Commission just doesn't care. One of the reasons you don't care, is because you FAIL to perform adequate research, not unlike California's Senators and Assemblypersons. I have watched researches track down a law, so poorly written, only to find its genesis was the California Law Revision Commission. The Commission is all over the map, all over the road, and they are road hogs, mowing down anyone in their way. It is evident through its actions, that the Commission does not care who they destroy in the interim and they do not care what it costs the public.
April 18, 2007, Study H-855, Fourth Supplement to Memorandum 2007-4, "Statutory Clarification and Simplification of CID Law: Member Elections."
Comment: It is so abundantly clear that the California Law Revision Commission has failed miserably in whatever it is that you are supposed to be doing. The Exhibits in this Memorandum, are damning to you. Further, your waffling in not answering and in not being held accountable, inasmuch as palming off the responsibility for such bad laws onto those who "were responsible for authoring them" is unacceptable.
June 1, 2007, Study H-855, Memorandum 2007-24, "Statutory Clarification and Simplification of CID Law (Staff Draft Tentative Recommendations)."
Comment: The California Law Revision Commission has managed to worsen an already bad situation. I don’t think I've seen anything as blatantly incompetent as this in a long time. Let me see if I understand your intent, the Commission wants to simply the laws for themselves? Is that it? Or do you want to simply the laws to make it easier to sue and destroy homeowners? Which is it really?
June 21, 2007, Study H-855, Second Supplement to Memorandum 2007-24, "Statutory Clarification and Simplification of CID Law (Preliminary Part)."
"The attachment to this memorandum is a staff draft of the narrative preliminary part for the proposed reorganization of the Davis-Stirling Common Interest Development Act."
Comment: History bears out, that the Commission's projects are nothing but busy work -- is that the best you could do? Go back in the statutes and read the trite language put forth by the California Law Revision Commission in an attempt to substantiate its "busy work." Look at how many repeals it was responsible for. Look at how many laws had to be rewritten because of poor recommendations, most made for no other reason than to placate special interests and industry. The Commission's reorganization is ridiculous. It disenfranchises every titleholder in the State who has spent a lifetime coming to understand the laws as they exist now.
To date, every law that the California Law Revision Commission has been involved with, has done NOTHING to assist residential deed-restricted owners in any meaningful way.
NOT ONE Code Section has been without its flaws. NOT ONE Code Section has benefited the titleholder whose assets are at risk. NOT ONE Code Section has been self-explanatory to the extent a judge would be able to understand the damn thing. (and don't tell me they understand it, I've been there. Done that. They don't have a bloody clue) BUT, almost every Code Section provides attorney fees for the association; diverts owners into side shows of arbitration, mediation, requests for resolution, meet and confer nonsense--all prejudice the OWNER. All, regardless of what the Commission wants to convince itself of, are costly to titleholders in ways the Commission will never understand. The word "homeowner" is barely used in any of the Code Sections, instead, the Commission neutralizes all titleholders by diminishing not only their miniscule rights but their abilities to be able to protect themselves, their families, and their assets--while at the same time building in protections for errant boards, their co-conspirators, and advisors.
Mr. Hebert, you and that so-called Commission of yours, have not been helpful to homeowners. You have a lot to answer for, and frankly, you and the rest of the "Commission" should truly be ashamed at the utter waste of taxpayer funds expended to all but demolish, demoralize, and handicap deed-restricted homeowners.
Thank you for your time.
RELATED STORIES
Homeowner Association (HOA) Lawyer FactoidsThe Davis-Stirling Act is a part of the California Civil Code. In the Davis-Stirling Act:
The term "attorney fees" is codified/mandated: 22 times.
The term "homeowner" is merely mentioned: 3 times
PART II: KEEP FILING CALIFORNIA STATE BAR COMPLAINTS AGAINST ERRANT ATTORNEYS - BUT ESPECIALLY HOMEOWNER ASSOCIATION ATTORNEYS-- Make the Bar Care!Lets spare each other the niceties of: ?there are good ones and there are bad ones,? because we already know that -- and -- this article is not about that. She then says with a cheeky little grin, ?ok, ok yes, there are some good lawyers out there.?
Mirror, mirror on the wall, who is the fairest gladiator of them all?As I stood atop the Roman Colosseum during a recent trip, emotionally gripped by its horrific history, I couldn?t help but make the connection between the ancient gladiator and my role as in-house attorney,?.. For starters, lawyers are often referred to...
Management company's tape-recording tactic puts homeowners at riskQuestion: Because our management company has been sued before, it has a policy of recording all incoming and outgoing phone calls. Before a management employee answers the phone, there is an automatic announcement warning callers they are being recorded....
Of Trial Lawyers, the AAJ and the Democratic PartyThe National College of Advocacy and AAJ Education maintain two distinct programs that recognize AAJ lawyer member efforts in pursuit of advanced legal learning and professional development?the Achievement Recognition Program and Advanced Studies in Trial...
Laguna Woods Village CC&Rs, What CC&Rs? I Got Your CC&Rs Right Here!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.
What is better in HOA Management? Transparency and Accountability or Feel Good?May 22, 2007Mostly 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...
HOW DO OWNERS SPELL L-A-W S-U-I-T? SENATE BILL NO. 127!XThis author asks WHERE ARE THE PENALTIES AGAINST MANAGEMENT COMPANIES AND BOARDS? WHAT?S THE PENALTY FOR BREAKING THE LAWS THAT THESE LEGISLATORS ARE PASSING?
Two of the Worst & Most Detrimental Laws to Hit California are Sponsored by None Other than: California Association of Realtors (R) The Gold is Gone --No more gold in the Golden State!Dear Governor Arnold Schwarzenegger,SHATZI! PLEASE REMEMBER YOUR PROMISE TO US. Please listen to the people who support you and look to you to help us! When you first began buying property in California NO ONE told you what you could or could not do...
THE LAW OF INTENDED CONSEQUENCES - WHAT A DIFFERENCE A "WORD" MAKES: NO! ON ASSEMBLY BILL NO. 563It apparently does not matter that titleholders with a vested interest in their property cannot get their legislators to carry legislation to help US, but, they can waste taxpayer funds by preventing the bills WE WANT and NEED by CHANGING *ONE* WORD in an...
EMERGENCY! EMERGENCY! OOPS! WE JUST HAD THE MEETING! YOU MISSED IT!!So THIS is what the Senate calls an "Open Meeting." How many Open Meetings have THEY been to? Obviously not many. ROTFLMAO!
CAN YOU OUTSWIM YOUR HOA SHARKS? or will you drown trying?Owning, let alone living in an HOA is a tough JOB and requires you be physically fit, possess a certain sophistication of the processes, and have the character let alone stamina, that allows you to be persistent in a manner that indescribable to REAL...
HEY GRAY PANTHERS! YOU GOT IT WRONG!(c) D. VanitzianMay 16, 2007The Gray Panthers are on record as SUPPORTING A BAD BAD BAD BAD BILL: Senate Bill Number 948. SHAME ON YOU. Where the heck are you getting your information from?
The Law of Unintended Consequences: Legislation and HOA BOD Cause and Effect: Clueless in my CARComing off a most improbable but successful campaign to defeat SB 670 author and HOA advocate Vanitizian thanks supporters making a connection between the quality of legislation being passed in Sacramento, and the quality of life in most homeowners...
Paraphrasing the LA Times on Defeat of SB670 & Wicked Twin Witches of the West - SB 127 & AB-980Taking a page out of the OC Register?s ?paraphrased reporting?, an article written by LA Times staff writer Diane Weder titled ?Bill to limit transfer fee founders?, published appropriately on May 13, 2007, quotes the president of the statewide Realtors...
Private Transfer Tax - Good for the Common Interest Development (HOA/CID) Industry or Good for the Politicians?When we received our copy of the report that the California Association of Realtors (CAR) used to Sponsor and help draft transfer fees, we were confused. Given that Vanitzian has become an icon in Sacrament (some say a thorn in the legislature's side),...
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Sunday, July 22, 2007
Pssst, Can I Interest You In a Lawyer?
Pssst, Can I Interest You In a Lawyer?
July 22, 2007
When there are too many policemen, there can be no liberty.When there are too many soldiers, there can be no peace.When there are too many lawyers, there can be no justice.
Lin Yutang (1895-1976), Chinese-American writer, translator, and editor.
This time we are not going to dispense with the niceties of: “there are good ones and there are bad ones,” despite the fact that we already know that. In fact, a good friend we have known for over thirty years is an attorney.
The question is, how many of the good ones are there, compared to the bad ones? Particularly when no country has as many lawyers as the United States - more than 152,000 in California alone - three times as many as in all of France. According to Joanne Martin, Assistant Director of the American Bar Foundation in Chicago, in 1988, there were just under 750,000 lawyers in the United States, or approximately one lawyer per 340 people in the United States, up from one lawyer per 695 people in 1951. It is estimated there are over 1 million attorneys in the United States. “The percentage of Americans with a "great deal" or "quite a lot" of confidence in Congress is at 14%, the lowest in Gallup's history of this measure -- and the lowest of any of the 16 institutions tested in this year's Confidence in Institutions survey. It is also one of the lowest confidence ratings for any institution tested over the last three decades” reads a June 21, 2007 article by Frank Newport.
The failure of a lawyer to act in accordance with legal and ethical standards can be catastrophic. In criminal cases incompetence can literally be a matter of life and death. In civil cases a great deal of money may change hands, or not, depending on how competent the lawyers are. Fortunately instances of such magnitude are rare. In fact, most disputes between attorneys and clients are not over the cases themselves. "The most common dispute between lawyers and clients is over fees," according to Suzanne Blonder, associate counsel of HALT, an Organization of Americans for Legal Reform. Hence the “enemy within” may not be Islamic Terrorists, as we have been led to believe. Particularly worrisome in light of MIT professor Michael Cusamo’s assertion that “If Microsoft does not change its approach to product development, marketing, and competition more generally, it is likely that someday the company will have more lawyers than programmers”
For example, this past May a federal grand jury in Los Angeles filed a 20-count indictment against Milberg Weiss Bershad & Schulman, the well-known securities class action firm. It is estimated that since 1965 the firm has settled or won damage awards from corporate and individual defendants that exceed $40 billion. The courtroom accusations stem from charges that the firm paid illegal kickbacks to "clients" who agreed to serve as lead plaintiffs in up to150 class action and shareholder derivative lawsuits the firm brought over the years.
Then there is Daniel Chiulli, who “..was facing a drug charge when his lawyer, Robert Karanian, suggested that a "charitable contribution" would keep him out of jail. Chiulli agreed and gave Karanian $12,000. But Chiulli got suspicious when he heard no mention of the contribution during his sentencing. He asked Karanian where the money went, court records say, and the lawyer told him it had gone to the "Bob Karanian charity," adding, "That's the biggest charity there is”, according to a Courant article by Arielle Becker, published July 11, 2007.
Not to mention the July 19, 2007 AP Story Lawyer accused of stealing from widow's estate detailing a Wallingford Connecticut lawyer, accused of stealing from the estate of a 99-year-old widow, arrested while playing video poker at the Mohegan Sun casino. “But there's one thing for certain about the number of lawyers in America and it is this -- there is no shortage of them. In fact, one could reasonably argue that there are too many lawyers lurking in America. Power of Attorney website. and authors of Smell the Lawyers
Order The Book Online Today!
Read excerpts from the book.
Click here
We know from reading California Common Interest Development – Homeowner’s Guide by D. Vanitizian that attorney recommendations by the California Bar are as credible as the Harry Potter adventures.
Just last month Avvo launched a service ranking thousands of lawyers, and faster than a tax-and-spend liberal, the site was sued in federal court in Seattle by a lawyer who claims the information is inaccurate and misleading.
When traveling to a third world country, one has to go through a battery of vaccines months before the trip. Perhaps something analogous can be done when one is in dire need of an attorney: Having built up antibodies, then one should use lawyer ranking services such as Avvo, LawyerRatings.com, or Nolo.com, then proceed to check out prices (for example Costhelper.com) as this is where most of the complaints fall. We would never trust a bar association.
RELATED STORIES
Homeowner Association (HOA) Lawyer FactoidsThe Davis-Stirling Act is a part of the California Civil Code. In the Davis-Stirling Act:
The term "attorney fees" is codified/mandated: 22 times.
The term "homeowner" is merely mentioned: 3 times
PART II: KEEP FILING CALIFORNIA STATE BAR COMPLAINTS AGAINST ERRANT ATTORNEYS - BUT ESPECIALLY HOMEOWNER ASSOCIATION ATTORNEYS-- Make the Bar Care!Lets spare each other the niceties of: ?there are good ones and there are bad ones,? because we already know that -- and -- this article is not about that. She then says with a cheeky little grin, ?ok, ok yes, there are some good lawyers out there.?
Mirror, mirror on the wall, who is the fairest gladiator of them all?As I stood atop the Roman Colosseum during a recent trip, emotionally gripped by its horrific history, I couldn?t help but make the connection between the ancient gladiator and my role as in-house attorney,?.. For starters, lawyers are often referred to...
Management company's tape-recording tactic puts homeowners at riskQuestion: Because our management company has been sued before, it has a policy of recording all incoming and outgoing phone calls. Before a management employee answers the phone, there is an automatic announcement warning callers they are being recorded....
Of Trial Lawyers, the AAJ and the Democratic PartyThe National College of Advocacy and AAJ Education maintain two distinct programs that recognize AAJ lawyer member efforts in pursuit of advanced legal learning and professional development?the Achievement Recognition Program and Advanced Studies in Trial...
Laguna Woods Village CC&Rs, What CC&Rs? I Got Your CC&Rs Right Here!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.
What is better in HOA Management? Transparency and Accountability or Feel Good?May 22, 2007Mostly 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...
HOW DO OWNERS SPELL L-A-W S-U-I-T? SENATE BILL NO. 127!XThis author asks WHERE ARE THE PENALTIES AGAINST MANAGEMENT COMPANIES AND BOARDS? WHAT?S THE PENALTY FOR BREAKING THE LAWS THAT THESE LEGISLATORS ARE PASSING?
Two of the Worst & Most Detrimental Laws to Hit California are Sponsored by None Other than: California Association of Realtors (R) The Gold is Gone --No more gold in the Golden State!Dear Governor Arnold Schwarzenegger,SHATZI! PLEASE REMEMBER YOUR PROMISE TO US. Please listen to the people who support you and look to you to help us! When you first began buying property in California NO ONE told you what you could or could not do...
THE LAW OF INTENDED CONSEQUENCES - WHAT A DIFFERENCE A "WORD" MAKES: NO! ON ASSEMBLY BILL NO. 563It apparently does not matter that titleholders with a vested interest in their property cannot get their legislators to carry legislation to help US, but, they can waste taxpayer funds by preventing the bills WE WANT and NEED by CHANGING *ONE* WORD in an...
EMERGENCY! EMERGENCY! OOPS! WE JUST HAD THE MEETING! YOU MISSED IT!!So THIS is what the Senate calls an "Open Meeting." How many Open Meetings have THEY been to? Obviously not many. ROTFLMAO!
CAN YOU OUTSWIM YOUR HOA SHARKS? or will you drown trying?Owning, let alone living in an HOA is a tough JOB and requires you be physically fit, possess a certain sophistication of the processes, and have the character let alone stamina, that allows you to be persistent in a manner that indescribable to REAL...
HEY GRAY PANTHERS! YOU GOT IT WRONG!(c) D. VanitzianMay 16, 2007The Gray Panthers are on record as SUPPORTING A BAD BAD BAD BAD BILL: Senate Bill Number 948. SHAME ON YOU. Where the heck are you getting your information from?
The Law of Unintended Consequences: Legislation and HOA BOD Cause and Effect: Clueless in my CARComing off a most improbable but successful campaign to defeat SB 670 author and HOA advocate Vanitizian thanks supporters making a connection between the quality of legislation being passed in Sacramento, and the quality of life in most homeowners...
Paraphrasing the LA Times on Defeat of SB670 & Wicked Twin Witches of the West - SB 127 & AB-980Taking a page out of the OC Register?s ?paraphrased reporting?, an article written by LA Times staff writer Diane Weder titled ?Bill to limit transfer fee founders?, published appropriately on May 13, 2007, quotes the president of the statewide Realtors...
Private Transfer Tax - Good for the Common Interest Development (HOA/CID) Industry or Good for the Politicians?When we received our copy of the report that the California Association of Realtors (CAR) used to Sponsor and help draft transfer fees, we were confused. Given that Vanitzian has become an icon in Sacrament (some say a thorn in the legislature's side),...
Advertisement
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To subscribe/unsubscribe to the CotoBuzz Journal or send Letters to the Editor : click here or send email to:
The CotoBuzz Journal P.O. Box 154 Trabuco Canyon, CA 92678 (509) 355-8895
Privacy Policy Need Help? Contact Us Administrator: cotobuzz@yahoo.com
July 22, 2007
When there are too many policemen, there can be no liberty.When there are too many soldiers, there can be no peace.When there are too many lawyers, there can be no justice.
Lin Yutang (1895-1976), Chinese-American writer, translator, and editor.
This time we are not going to dispense with the niceties of: “there are good ones and there are bad ones,” despite the fact that we already know that. In fact, a good friend we have known for over thirty years is an attorney.
The question is, how many of the good ones are there, compared to the bad ones? Particularly when no country has as many lawyers as the United States - more than 152,000 in California alone - three times as many as in all of France. According to Joanne Martin, Assistant Director of the American Bar Foundation in Chicago, in 1988, there were just under 750,000 lawyers in the United States, or approximately one lawyer per 340 people in the United States, up from one lawyer per 695 people in 1951. It is estimated there are over 1 million attorneys in the United States. “The percentage of Americans with a "great deal" or "quite a lot" of confidence in Congress is at 14%, the lowest in Gallup's history of this measure -- and the lowest of any of the 16 institutions tested in this year's Confidence in Institutions survey. It is also one of the lowest confidence ratings for any institution tested over the last three decades” reads a June 21, 2007 article by Frank Newport.
The failure of a lawyer to act in accordance with legal and ethical standards can be catastrophic. In criminal cases incompetence can literally be a matter of life and death. In civil cases a great deal of money may change hands, or not, depending on how competent the lawyers are. Fortunately instances of such magnitude are rare. In fact, most disputes between attorneys and clients are not over the cases themselves. "The most common dispute between lawyers and clients is over fees," according to Suzanne Blonder, associate counsel of HALT, an Organization of Americans for Legal Reform. Hence the “enemy within” may not be Islamic Terrorists, as we have been led to believe. Particularly worrisome in light of MIT professor Michael Cusamo’s assertion that “If Microsoft does not change its approach to product development, marketing, and competition more generally, it is likely that someday the company will have more lawyers than programmers”
For example, this past May a federal grand jury in Los Angeles filed a 20-count indictment against Milberg Weiss Bershad & Schulman, the well-known securities class action firm. It is estimated that since 1965 the firm has settled or won damage awards from corporate and individual defendants that exceed $40 billion. The courtroom accusations stem from charges that the firm paid illegal kickbacks to "clients" who agreed to serve as lead plaintiffs in up to150 class action and shareholder derivative lawsuits the firm brought over the years.
Then there is Daniel Chiulli, who “..was facing a drug charge when his lawyer, Robert Karanian, suggested that a "charitable contribution" would keep him out of jail. Chiulli agreed and gave Karanian $12,000. But Chiulli got suspicious when he heard no mention of the contribution during his sentencing. He asked Karanian where the money went, court records say, and the lawyer told him it had gone to the "Bob Karanian charity," adding, "That's the biggest charity there is”, according to a Courant article by Arielle Becker, published July 11, 2007.
Not to mention the July 19, 2007 AP Story Lawyer accused of stealing from widow's estate detailing a Wallingford Connecticut lawyer, accused of stealing from the estate of a 99-year-old widow, arrested while playing video poker at the Mohegan Sun casino. “But there's one thing for certain about the number of lawyers in America and it is this -- there is no shortage of them. In fact, one could reasonably argue that there are too many lawyers lurking in America. Power of Attorney website. and authors of Smell the Lawyers
Order The Book Online Today!
Read excerpts from the book.
Click here
We know from reading California Common Interest Development – Homeowner’s Guide by D. Vanitizian that attorney recommendations by the California Bar are as credible as the Harry Potter adventures.
Just last month Avvo launched a service ranking thousands of lawyers, and faster than a tax-and-spend liberal, the site was sued in federal court in Seattle by a lawyer who claims the information is inaccurate and misleading.
When traveling to a third world country, one has to go through a battery of vaccines months before the trip. Perhaps something analogous can be done when one is in dire need of an attorney: Having built up antibodies, then one should use lawyer ranking services such as Avvo, LawyerRatings.com, or Nolo.com, then proceed to check out prices (for example Costhelper.com) as this is where most of the complaints fall. We would never trust a bar association.
RELATED STORIES
Homeowner Association (HOA) Lawyer FactoidsThe Davis-Stirling Act is a part of the California Civil Code. In the Davis-Stirling Act:
The term "attorney fees" is codified/mandated: 22 times.
The term "homeowner" is merely mentioned: 3 times
PART II: KEEP FILING CALIFORNIA STATE BAR COMPLAINTS AGAINST ERRANT ATTORNEYS - BUT ESPECIALLY HOMEOWNER ASSOCIATION ATTORNEYS-- Make the Bar Care!Lets spare each other the niceties of: ?there are good ones and there are bad ones,? because we already know that -- and -- this article is not about that. She then says with a cheeky little grin, ?ok, ok yes, there are some good lawyers out there.?
Mirror, mirror on the wall, who is the fairest gladiator of them all?As I stood atop the Roman Colosseum during a recent trip, emotionally gripped by its horrific history, I couldn?t help but make the connection between the ancient gladiator and my role as in-house attorney,?.. For starters, lawyers are often referred to...
Management company's tape-recording tactic puts homeowners at riskQuestion: Because our management company has been sued before, it has a policy of recording all incoming and outgoing phone calls. Before a management employee answers the phone, there is an automatic announcement warning callers they are being recorded....
Of Trial Lawyers, the AAJ and the Democratic PartyThe National College of Advocacy and AAJ Education maintain two distinct programs that recognize AAJ lawyer member efforts in pursuit of advanced legal learning and professional development?the Achievement Recognition Program and Advanced Studies in Trial...
Laguna Woods Village CC&Rs, What CC&Rs? I Got Your CC&Rs Right Here!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.
What is better in HOA Management? Transparency and Accountability or Feel Good?May 22, 2007Mostly 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...
HOW DO OWNERS SPELL L-A-W S-U-I-T? SENATE BILL NO. 127!XThis author asks WHERE ARE THE PENALTIES AGAINST MANAGEMENT COMPANIES AND BOARDS? WHAT?S THE PENALTY FOR BREAKING THE LAWS THAT THESE LEGISLATORS ARE PASSING?
Two of the Worst & Most Detrimental Laws to Hit California are Sponsored by None Other than: California Association of Realtors (R) The Gold is Gone --No more gold in the Golden State!Dear Governor Arnold Schwarzenegger,SHATZI! PLEASE REMEMBER YOUR PROMISE TO US. Please listen to the people who support you and look to you to help us! When you first began buying property in California NO ONE told you what you could or could not do...
THE LAW OF INTENDED CONSEQUENCES - WHAT A DIFFERENCE A "WORD" MAKES: NO! ON ASSEMBLY BILL NO. 563It apparently does not matter that titleholders with a vested interest in their property cannot get their legislators to carry legislation to help US, but, they can waste taxpayer funds by preventing the bills WE WANT and NEED by CHANGING *ONE* WORD in an...
EMERGENCY! EMERGENCY! OOPS! WE JUST HAD THE MEETING! YOU MISSED IT!!So THIS is what the Senate calls an "Open Meeting." How many Open Meetings have THEY been to? Obviously not many. ROTFLMAO!
CAN YOU OUTSWIM YOUR HOA SHARKS? or will you drown trying?Owning, let alone living in an HOA is a tough JOB and requires you be physically fit, possess a certain sophistication of the processes, and have the character let alone stamina, that allows you to be persistent in a manner that indescribable to REAL...
HEY GRAY PANTHERS! YOU GOT IT WRONG!(c) D. VanitzianMay 16, 2007The Gray Panthers are on record as SUPPORTING A BAD BAD BAD BAD BILL: Senate Bill Number 948. SHAME ON YOU. Where the heck are you getting your information from?
The Law of Unintended Consequences: Legislation and HOA BOD Cause and Effect: Clueless in my CARComing off a most improbable but successful campaign to defeat SB 670 author and HOA advocate Vanitizian thanks supporters making a connection between the quality of legislation being passed in Sacramento, and the quality of life in most homeowners...
Paraphrasing the LA Times on Defeat of SB670 & Wicked Twin Witches of the West - SB 127 & AB-980Taking a page out of the OC Register?s ?paraphrased reporting?, an article written by LA Times staff writer Diane Weder titled ?Bill to limit transfer fee founders?, published appropriately on May 13, 2007, quotes the president of the statewide Realtors...
Private Transfer Tax - Good for the Common Interest Development (HOA/CID) Industry or Good for the Politicians?When we received our copy of the report that the California Association of Realtors (CAR) used to Sponsor and help draft transfer fees, we were confused. Given that Vanitzian has become an icon in Sacrament (some say a thorn in the legislature's side),...
Advertisement
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ORANGE COUNTY BLOGS:
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To subscribe/unsubscribe to the CotoBuzz Journal or send Letters to the Editor : click here or send email to:
The CotoBuzz Journal P.O. Box 154 Trabuco Canyon, CA 92678 (509) 355-8895
Privacy Policy Need Help? Contact Us Administrator: cotobuzz@yahoo.com
California Law Revision Letter: TR-H855- Stupid is as stupid does
LETTERS
California Law Revision Letter: TR-H855
Stupid is as stupid does
July 22, 2007
July 18, 2007Mr. Brian HerbertCalifornia Law Revision Commission3200 5th AvenueSacramento, CA 95817
Re: TR-H855
Dear Mr. Herbert,
Why? As a realtor I have to deal with the damage you cause us in this profession, the senior citizen, the fixed income families, and all people struggling to pay their assessments. Why do you want to hurt innocent people with your vicious rewriting of this code? Cease and desist from this pursuit immediately. Stop this now.
The quality of survival of my life, career, and millions of others are seriously damaged by your ruthless stupid rewrite. Have you lost all human decency? What is the matter with you? Do not do this. Stop, stop, stop. Do you understand me? T.D.
RELATED STORIES
Homeowner Association (HOA) Lawyer FactoidsThe Davis-Stirling Act is a part of the California Civil Code. In the Davis-Stirling Act:
The term "attorney fees" is codified/mandated: 22 times.
The term "homeowner" is merely mentioned: 3 times
PART II: KEEP FILING CALIFORNIA STATE BAR COMPLAINTS AGAINST ERRANT ATTORNEYS - BUT ESPECIALLY HOMEOWNER ASSOCIATION ATTORNEYS-- Make the Bar Care!Lets spare each other the niceties of: ?there are good ones and there are bad ones,? because we already know that -- and -- this article is not about that. She then says with a cheeky little grin, ?ok, ok yes, there are some good lawyers out there.?
Mirror, mirror on the wall, who is the fairest gladiator of them all?As I stood atop the Roman Colosseum during a recent trip, emotionally gripped by its horrific history, I couldn?t help but make the connection between the ancient gladiator and my role as in-house attorney,?.. For starters, lawyers are often referred to...
Management company's tape-recording tactic puts homeowners at riskQuestion: Because our management company has been sued before, it has a policy of recording all incoming and outgoing phone calls. Before a management employee answers the phone, there is an automatic announcement warning callers they are being recorded....
Of Trial Lawyers, the AAJ and the Democratic PartyThe National College of Advocacy and AAJ Education maintain two distinct programs that recognize AAJ lawyer member efforts in pursuit of advanced legal learning and professional development?the Achievement Recognition Program and Advanced Studies in Trial...
Laguna Woods Village CC&Rs, What CC&Rs? I Got Your CC&Rs Right Here!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.
What is better in HOA Management? Transparency and Accountability or Feel Good?May 22, 2007Mostly 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...
HOW DO OWNERS SPELL L-A-W S-U-I-T? SENATE BILL NO. 127!XThis author asks WHERE ARE THE PENALTIES AGAINST MANAGEMENT COMPANIES AND BOARDS? WHAT?S THE PENALTY FOR BREAKING THE LAWS THAT THESE LEGISLATORS ARE PASSING?
Two of the Worst & Most Detrimental Laws to Hit California are Sponsored by None Other than: California Association of Realtors (R) The Gold is Gone --No more gold in the Golden State!Dear Governor Arnold Schwarzenegger,SHATZI! PLEASE REMEMBER YOUR PROMISE TO US. Please listen to the people who support you and look to you to help us! When you first began buying property in California NO ONE told you what you could or could not do...
THE LAW OF INTENDED CONSEQUENCES - WHAT A DIFFERENCE A "WORD" MAKES: NO! ON ASSEMBLY BILL NO. 563It apparently does not matter that titleholders with a vested interest in their property cannot get their legislators to carry legislation to help US, but, they can waste taxpayer funds by preventing the bills WE WANT and NEED by CHANGING *ONE* WORD in an...
EMERGENCY! EMERGENCY! OOPS! WE JUST HAD THE MEETING! YOU MISSED IT!!So THIS is what the Senate calls an "Open Meeting." How many Open Meetings have THEY been to? Obviously not many. ROTFLMAO!
CAN YOU OUTSWIM YOUR HOA SHARKS? or will you drown trying?Owning, let alone living in an HOA is a tough JOB and requires you be physically fit, possess a certain sophistication of the processes, and have the character let alone stamina, that allows you to be persistent in a manner that indescribable to REAL...
HEY GRAY PANTHERS! YOU GOT IT WRONG!(c) D. VanitzianMay 16, 2007The Gray Panthers are on record as SUPPORTING A BAD BAD BAD BAD BILL: Senate Bill Number 948. SHAME ON YOU. Where the heck are you getting your information from?
The Law of Unintended Consequences: Legislation and HOA BOD Cause and Effect: Clueless in my CARComing off a most improbable but successful campaign to defeat SB 670 author and HOA advocate Vanitizian thanks supporters making a connection between the quality of legislation being passed in Sacramento, and the quality of life in most homeowners...
Paraphrasing the LA Times on Defeat of SB670 & Wicked Twin Witches of the West - SB 127 & AB-980Taking a page out of the OC Register?s ?paraphrased reporting?, an article written by LA Times staff writer Diane Weder titled ?Bill to limit transfer fee founders?, published appropriately on May 13, 2007, quotes the president of the statewide Realtors...
Private Transfer Tax - Good for the Common Interest Development (HOA/CID) Industry or Good for the Politicians?When we received our copy of the report that the California Association of Realtors (CAR) used to Sponsor and help draft transfer fees, we were confused. Given that Vanitzian has become an icon in Sacrament (some say a thorn in the legislature's side),...
Advertisement
Select Blogzz & click icon
function jumpMenu(){
location=document.jump.menu.options[document.jump.menu.selectedIndex].value;
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California Law Revision Letter: TR-H855
Stupid is as stupid does
July 22, 2007
July 18, 2007Mr. Brian HerbertCalifornia Law Revision Commission3200 5th AvenueSacramento, CA 95817
Re: TR-H855
Dear Mr. Herbert,
Why? As a realtor I have to deal with the damage you cause us in this profession, the senior citizen, the fixed income families, and all people struggling to pay their assessments. Why do you want to hurt innocent people with your vicious rewriting of this code? Cease and desist from this pursuit immediately. Stop this now.
The quality of survival of my life, career, and millions of others are seriously damaged by your ruthless stupid rewrite. Have you lost all human decency? What is the matter with you? Do not do this. Stop, stop, stop. Do you understand me? T.D.
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Saturday, July 21, 2007
Coto de Caza, 2Q2007 CHP Collision Summary
Coto de Caza, 2Q2007 CHP Collision Summary
July 21, 2007
The newly elected CZ Master Association Board of directors’ president has vowed to improve the relationship between the board and CHP management, a minimum requirement in order to increase the CHP traffic patrol to at least 2006 levels. We think that the proper term is to mend the relationship destroyed during the Varo/Mezger years.
The 2Q2007 CHP collision report shows that despite the lowest figures on record for pro-active traffic patrol in the community since the Varo/Mezger administration fired the CHP without a suitable alternative, the number of traffic accidents continued to drop to 20 on an annualized basis. The figures for 2Q2007 include 2 injury traffic collisions and 3 property damage-only. One of the collisions is attributed to a DUI.
Thankfully the 2Q2007 CHP collision report buys the Zipperman/Yocham board some time to mend the relationship with the CHP in hopes that the collision rate will drop to the pre-firing of the CHP levels.
RELATED STORIES
1Q2007 Coto de Caza Crime and Vandalism ReportA 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...
The CotoBuzz Journal May 2007CHP in Coto - Big Mouth CZ Bob- By Joseph Morabito, former member CZ Master Association Board of DirectorsHello 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...
The Varo anti-CHP Sentiment continues: CHP GO HOME, KEEP OUT OF OUR DUIs!The Coto de Caza gates, including the automated ones are as reliable as the public utilities in the outskirts of Baghdad, yet the association continues paying for services barely-rendered, no questions asked.
The CotoBuzz Journal March 2007Public Safety - A Job For the Gendarmerie Royale Du Coto de Caza! A Tribute to Mr. Morteza Manian On the First Anniversary of His Tragic Death
The CotoBuzz Journal February 2007The Enemy Within Coto Caza: The CHP - CZ BODs
CHP DOES ITS JOB – CZ BOARD PLEASE DO YOURS! - Despite the public abuse the CHP has received from the Coto de Caza board of directors ever since the board was coerced into bringing the CHP back for pro-active traffic patrol, figures indicate that the CHP is doing its job: Trend for accident rate is down and close to pre-firing levels. Just as important, the number of Coto residents arrested for DUI is down. See chart below for actual accident rate.
Law Enforcement – Evil, Necessary Evil, Or Noble Profession and Role Model? 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
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The CotoBuzz Journal P.O. Box 154 Trabuco Canyon, CA 92678 (509) 355-8895
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July 21, 2007
The newly elected CZ Master Association Board of directors’ president has vowed to improve the relationship between the board and CHP management, a minimum requirement in order to increase the CHP traffic patrol to at least 2006 levels. We think that the proper term is to mend the relationship destroyed during the Varo/Mezger years.
The 2Q2007 CHP collision report shows that despite the lowest figures on record for pro-active traffic patrol in the community since the Varo/Mezger administration fired the CHP without a suitable alternative, the number of traffic accidents continued to drop to 20 on an annualized basis. The figures for 2Q2007 include 2 injury traffic collisions and 3 property damage-only. One of the collisions is attributed to a DUI.
Thankfully the 2Q2007 CHP collision report buys the Zipperman/Yocham board some time to mend the relationship with the CHP in hopes that the collision rate will drop to the pre-firing of the CHP levels.
RELATED STORIES
1Q2007 Coto de Caza Crime and Vandalism ReportA 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...
The CotoBuzz Journal May 2007CHP in Coto - Big Mouth CZ Bob- By Joseph Morabito, former member CZ Master Association Board of DirectorsHello 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...
The Varo anti-CHP Sentiment continues: CHP GO HOME, KEEP OUT OF OUR DUIs!The Coto de Caza gates, including the automated ones are as reliable as the public utilities in the outskirts of Baghdad, yet the association continues paying for services barely-rendered, no questions asked.
The CotoBuzz Journal March 2007Public Safety - A Job For the Gendarmerie Royale Du Coto de Caza! A Tribute to Mr. Morteza Manian On the First Anniversary of His Tragic Death
The CotoBuzz Journal February 2007The Enemy Within Coto Caza: The CHP - CZ BODs
CHP DOES ITS JOB – CZ BOARD PLEASE DO YOURS! - Despite the public abuse the CHP has received from the Coto de Caza board of directors ever since the board was coerced into bringing the CHP back for pro-active traffic patrol, figures indicate that the CHP is doing its job: Trend for accident rate is down and close to pre-firing levels. Just as important, the number of Coto residents arrested for DUI is down. See chart below for actual accident rate.
Law Enforcement – Evil, Necessary Evil, Or Noble Profession and Role Model? 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
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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:
R
To subscribe/unsubscribe to the CotoBuzz Journal or send Letters to the Editor : click here or send email to:
The CotoBuzz Journal P.O. Box 154 Trabuco Canyon, CA 92678 (509) 355-8895
Privacy Policy Need Help? Contact Us Administrator: cotobuzz@yahoo.com