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Sunday, September 30, 2007

Laguna Woods Village Residents Voice Launches Phase 2

Laguna Woods Village Residents Voice Launches Phase 2



September 30, 2007


Resident’s Voice, a Laguna Woods Village volunteer association, critical of the property management company and the non-profit homeowners association, today announced the launch of what they call Phase 2 and are asking other Laguna Woods Village Residents for help in distributing their message. Their goal is to deliver such message to every manor in Laguna Woods Village, by Tuesday, October 22, 2007

The invitation reads in part “it will include the announcement of our Town Hall Meeting on Thursday, Oct 4, 6:30pm in CH #5, inviting all residents to voice their opinion on the information included in our Ad”, referring to a full page advertisement taken by the Residents Voice run in the Orange County Register earlier this week – refer to article Outsourcing Decision Making to Property Management Companies, published in the CotoBuzz Journal, September 22, 2007

If you are willing and able to deliver a flyer to each manor, please call

Barbara Copley, 583-7462.





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Most Frequent HOA Complaints?: Dues Increases and CC&R Changes – WSJ


Mos t Frequent HOA Complaints?: Dues Increases and CC&R Changes – WSJ

So the number of people that lived in associations and complained about them is 69/75 = 92%. This is in stark contrast to Community Association Institute's (CAI) claim that 95% of the people living in associations love them

September 30, 2007

In the article titled , YOUR HOME AS THE GROUP'S CASTLE published September 30, 2007 by the Wall Street Journal, the author cites results from a survey of 3,000 newsletter subscribers conducted by ServiceMagic.com, a Golden, Colo.-based as “69% of homeowners polled said associations are either a "major headache" or a "minor annoyance," though 25% of respondents had not lived under an association”, mentions two most frequently common interest development (CID) complaints: “Unexpected increases in dues and unwelcome rule changes”, then goes on to advice on what potential CID buyers should do before they buy--- the CZ Masters Association is no stranger to these complaints.

An astute blogger noting that figures do not lie but liars figure – comments on how the numbers were reported in the survey:

“…let's look at the numbers. That 69% is out of the total number of respondents -> but 25% of the total number of respondents never lived in an association -> so you are really looking at 69/75 instead of 69/100 who have problems with HOAs.

69% of respondents (out of 100%) claim problems ranging from minor annoyance to major headache. But 25% (out of that 100%) never lived under an association. So only 75% of the respondents lived in an association. So the number of people that lived in associations and complained about them is 69/75 = 92%. This is in stark contrast to Community Association Institute's (CAI) claim that 95% of the people living in associations love them. Looks more like 92% have issues with them according to this survey"
Buzz: We specifically sold an investment condo with positive cash flow because the HOA Board so screwed up the Association’s finances that I feared the need for significantly escalating dues would ultimately negatively impact value. They were already at $325 a month when we sold with $3.5 million in repair work that needed to be done and no Reserves to do it. The only option that did not require a vote of the Members was 20% dues increases every year as far as the eye could see to both cover these repairs and eventually deal with Reserves that were down to almost nothing.



CZ probably needs to spend about $3 million or more on landscaping renovation now with no money to do it or in Reserves to cover it. Mezger was always bragging about getting Reserves up to 70% or more; but there is no money in Reserves to cover landscaping renovation. So Mezger’s argument was bogus. When and how does the current CZ Board plan to deal with landscaping renovation? There is no strategic plan to deal with this ticking time bomb. And, unless the CZ Board deals with subsidies going to non-members, the only way to deal with this major expense is significant dues increases for our Members. It is what it is. Why do you think I keep sounding the alarm bells about subsidies? Be assured, I am not chicken little. I know what I am talking about. JM



P.S. It would cost $300,000 or more just to do the face of The Woods and there are many more areas that need major work too



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Privacy Policy | Need Help? | Contact Us | Administrator: cotobuzz@yahoo.com

'PRIVACY' OF BOARD CORRESPONDENCE HAS LIMITS

COLUMN

'PRIVACY' OF BOARD CORRESPONDENCE HAS LIMITS

(c) 2001-2007 S.GLASSMAN AND D.VANITZIAN. All rights reserved. The Associations and Common Interest Living articles and columns may not be reprinted or retransmitted in any form without the express written consent of the copyright holders. The authors take no position regarding any documents or accompaniments that may be enclosed with, attached to, or alongside said article reprints or distribution. Los Angeles Times, Real Estate Section, "Associations," Septemebt 2007 "Privacy" of Board Correspondence Has Limits By Stephen Glassman and Donie Vanitzian, Special to The Times

September 30, 2007


By Stephen Glassman and Donie Vanitzian, Special to The Times
September 30, 2007

QUESTION: The board of directors at my association copied my correspondence and gave it to other homeowners and the management company without my consent. The management company has given copies to their employees and several lawyers in law firms both related and unrelated to my association's business. I wrote the association attorney, putting him on notice that he did not have my permission to use my correspondence for any reason. He wrote me:

"It is difficult to take your letter seriously when you preface your correspondence with a meaningless statement that it is a 'privileged communication.' I can assure you that there are no privileges applicable to your letter, and it could not in any way be considered a communication in relation to 'settlement negotiations.' Your letter gives me the impression that all you want to do is put up roadblocks to any resolution of matters with your association. Please do not respond to this letter with a lengthy letter of rebuttal. It is a waste of your time. A truly reasonable person who wanted to get this problem resolved would do just that!"

Is that attorney correct, and how can I prevent the association from circulating my correspondence?

ANSWER: Whether any privileges attach to the letter you wrote depends on to whom the letter was written and in what context.

Even with no statutory "privilege," an individual can insist that correspondence be held in confidence by marking it "personal and confidential, not for publication" by the person or persons to whom it is addressed. That puts the association and all its agents on notice that the letter was intended to be private -- between the board of directors and you.

Privileged communications typically refer to a specific set of writings exchanged in a recognized context in which a "privilege" attaches. Most familiar is the attorney-client privilege in which the only person who can disclose the contents is the client. Any letter written to a governmental or quasi-governmental agency as part of an investigation -- for example, a letter to the California State Bar complaining about an attorney -- is privileged under the Civil Code, but in that case it means only that the letter cannot be used as the basis for a lawsuit against the person making the complaint.

Under the California Constitution, individuals have personal privacy rights, but that does not necessarily include letter writing. However, adding the "personal and confidential" admonition provides evidence of the letter writer's intent to preserve his or her privacy.

A management company has no rights with regard to any communications by you. As agents of the association, they have no more right to use, forward, share, disseminate or publish any of your communications for any reason than the board, and that right can be limited by an assertion of privacy.

Care must be taken that private letters are clearly marked as confidential and not for publication and distribution. Be certain to note the number of pages of that communication and include the admonishment on each page. That cannot guarantee that your association will not circulate it to others, including their attorneys, but at least you will have put your intentions in writing and the recipients on notice that should some use other than that for which the correspondence was intended be made of your letter, you may have a right to sue for violating your privacy rights.

Send questions to noexit@mindspring.com.


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Select Blogzz & click icon

BlogSpot FeedBurner CotoBlogzz BraveNet Y!360


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

- What is RSS?

Area Links

ORANGE COUNTY BLOGS:



ADVERTISEMENT











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

Saturday, September 29, 2007

SB-528 and the HOA Volunteer Fallacy


SB-528 and the HOA Volunteer Fallacy

Another wholly useless piece of UNENFORCEABLE feel-good legislation used to justify the Senate's paychecks and pension plans

September 29, 2007

While fully emerged in partisan politics and bickering about the 2007 budget, according to the Associated Press, “California lawmakers on Tuesday August 21, 2007 ended one of the state's longest budget stalemates in 30 years, agreeing to a $145 billion spending plan that reins in expenses and addresses myriad concerns of holdout Republicans” – Apparently frivolous legislation was not found in the “myriad of concerns” alluded to in the article: Unfortunately, governor Arnold Schwarzenegger has signed SB-528 characterized by author D. Vanitizian as “Another wholly useless piece of UNENFORCEABLE feel-good legislation used to justify the Senate's paychecks and pension plans"

According to Vanitzian, SB-528

· Requires boards to give notice at least 4 days in advance of the board meeting
It requires that the notice contain an agenda.

· Specifications about who can talk and who can't talk to the board during a meeting, or who can and cannot address the members during a meeting

· Specifications about talking to management companies during a meeting, blah, blah, blah.

The October 2007 issue of the CZ Master Association Board of Directors Newsletters makes the argument that a good number of those getting something for nothing are simply volunteers, (such as members of the board of directors, or delegates elected by a most corrupt system, for instance) therefore you should be telling them “THANK YOU and KEEP UP THE GOOD WORK”, rather than a kick in the shin. The governor and the legislators were elected by California voters and are paid public servants. Using the CZ Master Association board of directors logic, we should not only tell them “THANK YOU and KEEP UP THE GOOD WORK”, but we should be throwing them a bash for wasting taxpayer’s money, while we pay them!


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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...

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 line
Question: 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 LAWYERS
About 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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Friday, September 28, 2007

Mezger resigns from board – an OCR Paraphrase


Mezger resigns from board – an OCR Paraphrase

September 28, 2007

According to the September 28, 2007 issue of the CanyonLife, Jerry Mezger’s departure from the CZ Master Association board of directors is attributed to “…recent growth of his company and its increased demands on his time”.

The article then eulogizes the vacancy quoting board president Steve Zipperman as saying “Jerry will be sorely missed”. While long time board partner Rober Varo is quoted as saying “He was forthright, honest and he always had the best interest of the community (at heart),”

The article brings back unpleasant memories of the Melissa Jones/Mark Eades era coverage of the Coto Community, when the death of Mr. Morteza Manian did not even make the CanyonLife’s Top Five 2006 Coto Community Stories – The OCR’s Mezger resigns from board article makes no mention of the successful Recall Mezgar Initiative or any of the reasons for the recall as documented in the www.RecallMezger.com website –some of these listed below:


1. Mezger and other CZ Board Members conspired in 2006 to deny a Board Candidate a seat by failing to reveal that Sean Larkin had actually moved out of the area to take a job. Larkin resigned one week after the Board election allowing Mezger and other sitting Board Members who conspired with Mezger to appoint a Board Member rather than allowing Delegates to elect one. I call that unethical.

2. Mezger has ignored the Oakview/Oakknoll Agreement/Memorandum requiring that those gates remain closed as a condition of development. In doing so and in not requiring significantly more insurance indemnification from that sub association, CZ Members are exposed to unnecessary liability and a breach of security. I call that a violation of Board Member fiduciary responsibility.

3. Mezger voted to fire the CHP knowing full well of the danger on our streets. During that time period we had two tragic deaths on our streets. There is also a lawsuit pending against the Association from this time period related to a serious accident on our streets. Mezger’s actions have damaged our relationship with the CHP making it difficult to get more hours from them which is exposing our Members to continued danger on our streets.

4. Mezger has never understood the concept of Conflict of Interest. Now that Mezger lives in The Estates he has an irreconcilable conflict of interest making it impossible for Mezger to represent the interests of CZ Members. And, Mezger does not recognize the conflict of interests in selling his wife’s real estate services at our gates at our expense to enhance his family income.




RELATED STORIES


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.

Coto De Caza, Ladera Ranch, Safest Communities in the Canyons ? Not!
According to the OCSD, Coto de Caza registered the highest incidence of crime/vandalism for 3Q2006. On the other hand, Ladera Ranch ended 2006 with a significant reduction in crime and vandalism.

Blame it on the Sheriff, Gendarmerie Royale Du Coto de Caza
Following up on the Orange County Register's (February 16, 2007) story on the recent CZ Master Association board of directors' announcement of a "new and improved deployment of the roving private security patrol ?and mounted units of the Sheriff?s...

Call for Coto de Caza Board Candidates - Any One But Varo/Mezger
Traditionally, the Coto de Caza elections are shrouded in secrecy, but has been ratcheted a few notches after Varo/Mezger showed up on the scene circa 2003. To add salt to the wound, there were a good number of irregularities during the 2006 elections,...

A Tribute to Mr. Morteza Manian On The First Anniversary of His Tragic Death
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Coto de Caza's Equus trailus patrolus publicus (horse trail patrols paid by the commonwealth)
We were befuddled by the recent announcement by the CZ Master Association board of directors of the impending deployment of mounted units of the Sheriff?s department to patrol the horse trails and fire roads that surround the community. After all, all...

2007 Coto de Caza Elections, Irregularities Off and Running!
Elections have not taken place yet, but irregularities have. Consider the title for this Request for Candidates sent by Keystone Pacific, dated February 1, 2007 (click here) , Then compare to list of CZ districts below. What is wrong with this picture...





























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The $1000 Fence for the $1 Horse - Or is it the other way around in your HOA?

The $1000 Fence for the $1 Horse - Or is it the other way around in your HOA?

$400 FENCE COSTS $83,000 IN HOA BATTLE

September 27, 2007

An example of what happens when volunteers do so for the wrong reasons……

As reported by KING 5 News reporter Jane McCarthy on Wednesday, September 26, 2007 a battle over CC&R enforcement and decision making by volunteers created

“ …a financial problem for us. We're going to have an assessment that's about $85,000 so far…. As for Kristina Weiss, she still believes homeowners associations can serve an important purpose. "But, I also see that they can't be run arbitrarily and capriciously”

According to residents, five board members involved in the fence fight have recently resigned”

For complete story:
http://www.ktvb. com/news/ regional/ stories/ktvbn- sep2607-homeowne rs_association_ fence.110db6a75. html



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What is better in HOA Management? Transparency and Accountability or Feel Good?May 22, 2007
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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!
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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?
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HEY GRAY PANTHERS! YOU GOT IT WRONG!
(c) D. Vanitzian
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The Real Estate Sky Is Falling!
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Thursday, September 27, 2007

Man to be Arraigned for Stealing from Leisure World Woman to buy a Boat and a House


Man to be Arraigned for Stealing from Leisure World Woman to buy a Boat and a House

September 27, 2007

Douglas Scott Milne, 54, Westminster, is charged with one felony count of grand theft by embezzlement and one felony count of theft from an elder over 65.

Milne faces sentencing enhancements for property damage over $150,000, aggravated white collar crime over $100,000, and crime-bail-crime. A crime-bail-crime enhancement means that the defendant is accused of committing a crime while out on bail for another offense.

If convicted on all counts, Milne faces a maximum sentence of eight years and eight months in prison. He is being held on $1,000,000 and must prove the money is from a legitimate source before posting bail.

He is scheduled to be arraigned tomorrow, Friday, September 28, 2007 at 9:00 a.m. at the West Justice Center is Westminster.

According to the OCSD, between January 1, 2000 and February 22, 2007, Milne is accused of befriending an elderly woman, now 90-years-old, who was living in Seal Beach Leisure World. He is accused of grooming her to trust him and telling her she was like a mom to him. In 2002, the victim's niece, who was the prospective executor of the victim's will, died. Milne is accused of persuading the victim to put him in charge of her trust. He is accused of promising to invest the victim's money on her behalf, opening a joint account in both of their names, and having the victim transfer her life savings into the account. Milne is accused of draining the account and stealing approximately $300,000 from the victim, spending it on personal items such as a boat, jet skis, and a four bedroom house.

In 2000, Milne was prosecuted and convicted by the Orange County District Attorney's Office for committing a similar crime against another elderly woman, his first known victim. While the case was pending, Milne is accused of stealing more than $80,000 from the current victim to repay the first victim.

Milne was arrested last night by the Seal Beach Police Department




























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The CZ (Master Association) Lifestyle and the Volunteer Fallacy

The CZ (Master Association) Lifestyle and the Volunteer Fallacy

September 26, 2007

The October 2007 CZ Master Association's Newsletter makes the argument that the CZ lifestyle is mostly due to efforts of volunteers and that it is “very easy to overlook the tireless work and the thousands of hours donated” to benefit CZ residents.

The facts are that not only do CZ residents shell out close to $10 million/year to subsidize such lifestyle for others, but Common Interest Development (CID/HOA) is a multi-billions industry structured not to benefit the average resident, but to benefit politicians, property management companies, attorneys and a host of other service providers. Wit the flurry of legislation in Sacramento, not unlike AB-980 waiting for the governor’s decision to either sign or veto it – According to an article written by D. Vanitizian titled VETO ASSEMBLY BILL 980 BEFORE THERE'S NO MORE GOLD IN THE GOLDEN STATE, AB-980 will in part:

All but halt 1031 property exchanges;
Complicate home ownership and refinancing;
Cause an influx of liability and litigation;
Cost every taxpayer more money;
Conflicts with numerous existing statutes to cause havoc in implementation;
It is true that operational efficiency (or in-efficiency) in a given common interest development is very much a function of unpaid volunteers, the “volunteer fallacy” is that residents should be content with the outcome, whatever it is, as long as the decisions are made by unpaid volunteers.

It is fair to say that every volunteer has a personal reason to engage in volunteer work. Some do it to maintain the status quo. Some want to be change agents. Some want to be in the spotlight. Others want to embellish the resume. Some are wannabee politicians. Whatever the reason, we posit that residents who do volunteer work, receive their reward, by being good stewards and should not expect to be thanked, quite the contrary. Further, we posit that the final CID development solution is to structure a legal framework more akin to a for profit organization.

Buzz

Interesting analogy from someone who hasn't bothered to volunteer
their time and efforts to improve the community. Instead you would
rather criticize the efforts of those who do sacrifice their time
and volunteer.

Sure, we can eliminate the volunteers and hire professionals. But
then you would howl about the dues increase necessary to pay their
salaries, and then accuse them of being corrupt and incompetent.

After all, if you cannot create a controversy then what will you
have to write about?? I know, the facts are boring, and positively
acknowledging the efforts of the many volunteers that work on behalf
of our community just isn't consistent with your agenda.....

The only "fallacy" here is that you and the Coto Enquirer can be
counted on to provide any facts or value to the community.


For the record, we volunteered for various positions during the Varo/Mezger administration - no one on the board ever bothered to even acknowledge the requests.

…and the slippery slope continues, or is it our German friend following close behind?- Buzz




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VETO ASSEMBLY BILL 980 BEFORE THERE'S NO MORE GOLD IN THE GOLDEN STATE
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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

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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 line
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CONDOMINIUMS ARE A GREAT INVESTMENT- FOR LAWYERS
About 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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LA Times Orange County

Subscribe

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Area Links

ORANGE COUNTY BLOGS:



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Privacy Policy | Need Help? | Contact Us | Administrator: cotobuzz@yahoo.com

Wednesday, September 26, 2007

Double the Pleasure - Duo-Piano Recital at Saddleback College October 10, 2007


Double the Pleasure - Duo-Piano Recital at Saddleback College October 10, 2007

September 26, 2007



Saddleback College music faculty Norman Weston and Rebecca Rollins perform duo- piano and duet, both at one piano on Wednesday, October 10 at 8 p.m. in the McKinney Theatre. Featuring music composed by John Cage, Igor Stravinsky, Ruth Crawford Seeger and Norman Weston, the duo will also perform solo pieces.



Tickets are $10 general, $5 students/seniors, and children under 12 free. Call 949-582-4656 for ticket information.



Saddleback College is located at 28000 Marguerite Pkwy in Mission Viejo , just east of Interstate 5 at the Avery Parkway exit. Parking is available in Lot 12. Take Avery Parkway to Marguerite Parkway turn left to the third traffic light, which is Saddleback’s Marguerite entrance. Turn right into the campus and take the second left to “ Theatre Circle ,” turning right into Lot 12.



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GYPSY SONGS AT SADDLEBACK COLLEGE OCTOBER 14, 2007
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AUTUMNAL DELIGHTS WITH THE SADDLEBACK SYMPHONY ORCHESTRA OCTOBER 13, 2007
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Blowing in the Wind.....and Making Musing of Stage and Screen with the Saddleback College Wind Ensemble - October 5, 2007
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ArchiTexture Dance Company's Mightier Than the Sword: Dancing Volumes for Banned Books Week at Saddleback College September 30, 2007
The ArchiTexture Dance Company, in collaboration with the Saddleback College Library, ipresents Mightier Than the Sword: Dancing Volumes for Banned Books Week on September 28-29 & October 5-6 at 8 p.m. and September 30 & October 7 at 2 p.m. at the...

Ashman's Little Shop Of Horrors at Saddleback College October 5-14, 2007
The Theatre Arts Department at Saddleback College warns audiences to enter at their own risk when Little Shop of Horrors, books and lyrics by Howard Ashman and music by Alan Menken, comes to the Studio Theatre on October 5-14.

Big Band, Big Band!- HARD SWINGING CONCERT WITH THE SADDLEBACK BIG BAND OCT. 3, 2007
Saddleback College ?s popular Big Band performs music of cornetist/composer Thad Jones on Wednesday, October 3 at 8:00 p.m. in the McKinney Theatre.. Jones began his career with the Count Basie?s Orchestra and went on to become one of the most original...

Jam with Carman- SADDLEBACK JAZZ LAB WITH PAUL CARMAN OCT. 1, 2007
Saxophonist/Composer Paul Carman, veteran of the Frank Zappa Band, performs with the Saddleback Jazz Lab on Monday, October 1 at 8:00 p.m. in the McKinney Theatre. Touring and recording with one of music?s most influential groundbreakers inspired Carman...




























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The Good, the Bad and the Almighty


The Good, the Bad and the Almighty

September 26, 2007

The Bad
A press released issued by the American Civil Liberties Union (ACLU) dated May 25, 2005 announced that “the American Civil Liberties Union of Wisconsin today filed a lawsuit in federal court on behalf of Cynthia Rhouni, a Muslim woman who was forced to remove her religious headscarf, or hijab, in front of male guards and prisoners as a condition of visiting her son's father at Columbia Correctional Institution”. More recently, the OC Register reported September 5, 2007 that “a woman who was apprehended for probation violation and taken into custody by the Orange County Sheriff is suing the OCSD. While in jail, the woman, a Muslim, was forced to remove her traditional head scarf”. The article goes on to describe that “ Islam dictates that women must wear the hijab, which covers the hair and neck, and that only their faces may be revealed”. We have yet to find out whether Islam holds accountable those who violate probation orders, or violate laws and are thus incarcerated.

While apparently defending the rights of those who practice Islam, the ACLU has been active trying to remove the Ten Commandments from the public sphere.

No need to discuss other instances of the “bad”, such as the $67 million lawyer pant law suit or a the $1,400 parking ticket lawsuit to prevent disabled residents from selling or refinancing a home!

The Good
The American Center for Law and Justice, founded by evangelist Pat Robertson is a leading proponent of the premise that religious freedom is under attack by those who wish to take out God from schools and public sphere in general, including judicial activism.

The ACLJ is becoming a force to be reckoned with. Consider that just last month, and Illinois federal court blocked an attempt by Wal-Mart Stores to dismiss a suit brought by a pharmacist who refused to sell emergency contraceptives on moral grounds.

The Almighty
The St, Thomas More Society is a group of Orange County legal professionals founded in 1995 by attorneys who were trying to figure out how to better practice their faith amid their legal battles. The founders wanted to create an organization where attorneys and judges could encourage each other, educate themselves and promote and foster high ethical principles in the legal profession An article published November 28, 2000 by the LA Times quotes co-founder David Belz “The organization is not driven by a bunch of individuals. It’s been driven by the inspiration from the Holy Spirit”

The St. Thomas More Society of Orange County invites the entire Orange County Legal community to the 20th Annual Red Mass scheduled for Monday, October 1, 2007 at the Holy Family Cathedral Hall, 566 South Glassell Street, Orange, CA

In stark contrast, Ernie Chambers, a Nebraska state senator, sued God earlier this month in state court to dramatize the need to stop frivolous lawsuits. The action seeks to reign in on acts of God. In response, Erik Perkins from Corpus Christi Texas appointed himself as God’s lawyer arguing that “ Defendant denies that this or any other court has jurisdiction” over God. As if ….!



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Tuesday, September 25, 2007

GYPSY SONGS AT SADDLEBACK COLLEGE OCTOBER 14, 2007


GYPSY SONGS AT SADDLEBACK COLLEGE OCTOBER 14, 2007

September 25, 2007

The Saddleback College Community Chorale, Conducted by Dr. Scott Farthing, will perform Gypsy Songs on Sunday, October 14, 2007 at 03::00 p.m. in the McKinney Theatre. The Saddleback College Community Chorale bring the romance and adventure of Gypsy Songs featuring Ziegenerleben by Robert Schumann, Ziegunerlieder by Johannes Brahms and Romancero Gitano (Gypsy Ballads) by Mario Castelnuovo-Tedesco.

The faculty's academic achievements are combined with vast practical experience which benefits the career-minded student as well as the individual with a more general interest. Student musicians are given the opportunity to perform in concerts, recitals and other performance situations both on and off campus. Music facilities include an electronic piano lab, Pro Tools HD recording studio, choral and instrumental rehearsal and recital halls, and soundproof practice rooms.


The Music Department has established a comprehensive program which is considered to be one of the finest in California .
Within the Department there exists a variety of specialized areas which permit students to explore and develop individual skills under the guidance of highly qualified music practitioners.

Tickets are $15 for general admission and $10 for students and seniors. To purchase tickets ahead of time, call the Saddleback College Ticket office at 949-582-4656. Tickets may also be purchased the day of the concert.

Saddleback College is located at 28000 Marguerite Pkwy in Mission Viejo , just east of Interstate 5 at the Avery Parkway exit. Parking is available in Lot 12. Take Avery Parkway to Marguerite Parkway turn left to the third traffic light, which is Saddleback’s Marguerite entrance. Turn right into the campus and take the second left to “ Theatre Circle ,” turning right into Lot 12.







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AUTUMNAL DELIGHTS WITH THE SADDLEBACK SYMPHONY ORCHESTRA OCTOBER 13, 2007

AUTUMNAL DELIGHTS WITH THE SADDLEBACK SYMPHONY ORCHESTRA OCTOBER 13, 2007

September 25, 2007

Maestro Gene Wie makes his guest conducting debut with the Saddleback Symphony Orchestra on Saturday, October 13 at 8 p.m. in the McKinney Theater. Wie appears internationally as a conductor, performer, and teacher of violin, viola, and clarinet. His extensive ensemble experience has seen him in concert throughout the United States and abroad in Australia , Austria , Canada , Croatia , the Czech Republic , England , France , Italy , New Zealand , Slovenia , and Switzerland . He is a devoted teacher to many students in school programs all over Orange County , and is recognized for his focus on developing strong basic skills for players of all ages. He is Music Director of the Community Youth Orchestra of Southern California, and is primarily engaged in the development of a comprehensive K-12 orchestra program at St. Margaret's Episcopal School in San Juan Capistrano . He is also part of the faculty of University High School in Irvine and the Orange County High School of the Arts, where he lectures an innovative course in Music Technology that explores the applications and social, cultural, and legal aspects of digital media. He is on the staff of numerous summer festivals including Arrowbear Music Camp ( California ), ChamberArtsFest (USA/France), the Viola Workout ( Colorado ). Music performed will feature the graceful works of Schubert and the opulent style of his contemporaries. Other works from the golden age of orchestral music will pair perfectly with autumn’s ambience.

The Music Department has established a comprehensive program which is considered to be one of the finest in California . Within the Department there exists a variety of specialized areas which permit students to explore and develop individual skills under the guidance of highly qualified music practitioners.



The faculty's academic achievements are combined with vast practical experience which benefits the career-minded student as well as the individual with a more general interest. Student musicians are given the opportunity to perform in concerts, recitals and other performance situations both on and off campus. Music facilities include an electronic piano lab, Pro Tools HD recording studio, choral and instrumental rehearsal and recital halls, and soundproof practice rooms.



Tickets are $10 general, $7 students/seniors, free for Saddleback College students with current ASB card. Call 949-582-4656 for ticket information.

Saddleback College is located at 28000 Marguerite Pkwy in Mission Viejo , just east of Interstate 5 at the Avery Parkway exit. Parking is available in Lot 12. Take Avery Parkway to Marguerite Parkway turn left to the third traffic light, which is Saddleback’s Marguerite entrance. Turn right into the campus and take the second left to “ Theatre Circle ,” turning right into Lot 12.







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VETO ASSEMBLY BILL 980 BEFORE THERE'S NO MORE GOLD IN THE GOLDEN STATE

VETO ASSEMBLY BILL 980 BEFORE THERE'S NO MORE GOLD IN THE GOLDEN STATE

September 25, 2007


by: Donie Vanitzian, JD
(c) 2007 Vanitzian

How do you spell "hot-air?" Assembly Bill 980.

When I first inquired and voiced outrage about Assembly Bill 980 I was told by the men in suits, "it’s a done deal so forget about fighting it -- butt out," then the phone line went dead.

Assembly Bill 980 is fundamentally flawed and arguably one of the worst bills to hit California. It fails to ipso facto identify "responsible parties" while at the same time failing to provide a meaningful avenue for redress in the event of breach.

The bill purports to be about transfer fees "disclosure" yet exemptions written into the bill totally negate its so-called purpose. The bill is confused, illogical, and serves absolutely no per se purpose other than to raise the costs of doing business in California. The bill provides no penalties against anyone or anything in the process involving said disclosures. Why? Because the bill is not really about "disclosures" -- its really about diverting money from the persons who have it -- to those who don't have it -- to those who want it. It is about equity reclamation during an escrow process that results in a legislated back-door intravenous device sucking money from every individual's bankbook and sending it "elsewhere."

The bill ignores statutory notice requirements as they would pertain to existing transfer fee documents between third parties, and it allows, if not encourages, the creation of such fees. By default the bill defeats certain existing statutory requirements from being implemented to protect consumers from the effects of this legislation. No mechanism in this law details the notice requirements that should exist but are instead circumvented because of this bill.

The bill is about creating statutory "exemptions" for, and to, any disclosures whether existing or created at a later date. Don't believe it? Read what the bill "does not include." The unfortunate reality is that once this bill passes, the otherwise unrecordable document becomes legitimate by default and lasts in perpetuity. This legislature has not provided a mechanism to remove said recordations and it is because of that omission and the snowball effects of this bill, that it should be considered a dangerous piece of legislation.

The legislature should be concentrating their efforts on curtailing the massive influx of unrecordable documents presently being recorded at the County Recorder's office. I write about this problem in my book, "Common Interest Developments--Homeowners Guide" (Thomson-West). Rather than passing frivolous feel-good legislation fueled by special interests, the legislature owes a duty to taxpayers of this state to understand the legal implications of every law that they pass. Presently, that does not appear to be happening.

Assembly Bill 980 creates an area of law by default that causes a free-for-all for anyone to record at will, whatever the hell they want and without anything more, claim because they disclosed it, it stands. But perhaps the worse part of Assembly Bill 980 are its unmitigated exemptions leaving millions of unsuspecting buyers, sellers, and owners open to the whims of anyone who records a document against their titles.

On taking office, Governor Schwarzenegger promised to return California’s Legislature to the "people." All I can say to that is: Have you ever tried to speak directly with your legislator? Good Luck!

The 79,300 members of Home Owners Against Association Tyranny and Manipulation (HOAATM) have written hundreds of letters to various Assembly and Senate Committees, Assemblymember Calderon, and Governor Schwarzenegger, only to be ignored. Simply, we don’t want any more documents recorded on our titles and we don’t want and we don't need Assembly Bill 980.

How bad is Assembly Bill 980? You decide:

All but halt 1031 property exchanges;
By default, alter and/or prevent every existing and future homestead exemption;
Complicate home ownership and refinancing;
Complicate ownership of any residential and commercial real property;
Create a substantial change in the way business is conducted;
Cause restrictions, if not altogether eliminate the already fragile "rental" market
Cause an influx of liability and litigation;
Create a fiscal impact on the state;
Cost every taxpayer more money;
Conflicts with numerous existing statutes to cause havoc in implementation;
Determine what private property owners can and can’t do with their property;
Exempts the very individuals it needs to protect;
Finish off mobile homeownership and sales;
Have a chilling effect on commerce (who would want to buy California property?);
Increase necessary paperwork related to owning, buying, or selling any property;
Increase insurance costs for owners, buyers, and sellers;
Increase insurance costs for real estate professionals;
Increase costs of escrow and time spent in escrow;
Increase dues that are paid by mandate to trade organizations;
Place unnecessary compliance requirements on Real Estate professionals;
Raise the cost of doing business in California;
Revives, by default the Foreign Investment Real Property Tax Act (FIRPTA);
Work with other laws to handcuff consumer freedoms.

Presently, an otherwise uncomplicated sale of real property entails days of purchasing "required" reports, completing pages on pages of "required" forms -- many are unnecessary.

One out-of-touch-with-reality sponsor of Assembly Bill 980 is the California Association of Realtors. It states: "CAR is sponsoring Assembly Bill Number 980 to require a separate document be recorded that discloses the transfer fee payment obligation. Recordation of a separate document will insure that the transfer fee payment requirement is brought to the attention of prospective homebuyers." It is this author’s opinion that CAR has been substantially responsible for "porking up" and complicating real property sales resulting massive delays in escrow and increased costs of doing business.

The California Association of Realtors has been successful in making the sale and purchase of property so complicated that contracting parties are "forced" to engage the services of real estate personnel AND attorneys. The once single-page purchase agreement is now so long, dense, and complicated that no one understands it. If anything, the public is skeptical about what they are being asked to sign and angry at the beefed up costs associated with real property sales transactions. Sales agents that write to me admit they don’t understand the language in the forms, they don't read it, and they have just given up trying to comply with all these ridiculous rules and threats for so-called non-compliance. Many individuals are now placing their properties "For Sale By Owner" and refusing to cooperate with agents and brokers. These buyers and sellers are now bypassing any involvement with the California Association of Realtors by requiring the contracting parties to either waive or sign off on all such industry-injected language just to be able to conduct and close their sales.

Assembly Bill 980 was ill thought out and if passed, will force the public to become dependent on a bureaucracy the state cannot sustain. Sadly, the implications of this bad bill won't be felt until it is too late to stop it.

The members of HOAATM respectfully ask the Governor to Veto Assembly Bill 980.

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HEY GRAY PANTHERS! YOU GOT IT WRONG!
(c) D. Vanitzian
May 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 CAR Coming 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...






























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