Sunday, June 22, 2008

One More Precedent- Closing Down HOA Loopholes

One More Precedent- Closing Down HOA Loopholes

Popular Elections in Coto de Caza Next?

June 19, 2008

Some Leisure World residents have been waging a battle for fiscal transparency against the local association, the Golden Rain Foundation. The loopholes used by the governing body seem to have been closed down by the California Fourth District Appellate Court, as it ruled in favor of the residents.

The decision reaffirmed a lower court ruling that the GRAF is a common interest development, such as the CZ Master Association, and it must follow state rules on governing associations, such as homeowner's associations.

State law requires that financial records of these associations must be made available to residents.

The court of appeals in publishing its decision means it will be in the casebooks and can be cited as precedent in other cases and other communities.


Homeowners keep winning court cases against their HOA Boards. This time it is Seal Beach with homeowners demanding financial transparency. Can direct popular elections for Coto be far behind? Joseph Morabito, former member CZ board of Directors

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The Devil Made me Do It - Blame it on the Loopholes
During Thursday?s CZ Master Association?s Candidate?s Night designed for Coto de Caza residents to meet the candidates running for two seats on the CZ Master board, the first question mischaracterized our position, asking an either or question: ?Buzz...

Uncivil Homeowners Association (HOA) Wars - The real problem for the LWV residents is the fear of retribution whether it is real or not LWV residents are overjoyed over the recent California Fourth District Appellate Court, as it ruled in favor of the residents. But things are heating up. According to inside sources, meetings are becoming brawls. Some board members and the managing agent and his top level employees are becoming more and more hostile and snappish. “As if they know the end is near and they are snapping and barking as furiously as they can to preserve any freedom they have left”

The Right LWV Leadership for Such a Time as This?
Is this general manager (Milt Johns) over his head in his management skills? Can someone come out with only experience from the garden to manage a 90 million dollar business without a conflict of interest? When is the last time Mr. Johns lowered our costs...
The Wealth (or Erosion of) of Homeowners Association
We previously made the argument that analogous to how a wealth of nations is determined, one can use a similar approach to measure the wealth of an association ? such wealth is over an above ?book value? - such as the CZ Master Association, for example...

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...

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.

Should I stay or should I go - in/from my HOA? X
First was the Delegate?s Corner blasting CZ Master Association board of director?s critics for speaking out against a corrupt delegate system and electoral process in favor of direct elections, consistent with current legislation, and consistent with the...

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...

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. Senator Schumer has asked the Government Accountability Office to investigate if rising gas prices are the result of oil...

Pssst, Can I Interest You In a Lawyer?
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...

Dare's role in Pastures cost association $100,000
By BRENDAN J. LYONS, Senior writer First published: Sunday, Times Union August 12, 2007. Republished with permissionAugust 12, 2007 ALBANY -- An advocate for the Historic Pastures Homeowners Association, which lost more than $100,000 in...

IF You Can Keep Your Home - Apologies to Rudyard Kipling
If you can keep your home when all about youAre losing theirs and blaming it on raising HOA dues,If you do not get a lien on your home for transfer feesWithout notice, and you are being hated byOthers stuck in escrow so complicated, they have to pay by...

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