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Thursday, August 14, 2008
California Lawmakers Don't Speak CID- Zilch, Nada!
August 14, 2008
California Lawmakers Don't Speak CID - Common Interest Development, that is.
The Orange County board of supervisors want to pull a "Russian Georgia": The BOS and LAFCO want to obliterate unincorporated communities such as the three unincorporated sections that make up Midway City, Ladera Ranch and Coto de Caza. Midway City has been fighting the move for more than 50-years to remain independent.
The California lawmakers do not speak common interest development. Some even characterize the disenfranchised voters as "disgruntled homeowners".
The Orange County DA's response is "throw the bums out!" referring to the incumbent homeowner's association board of directors, which happens to be the response Mr. Robert McDaniel, a Laguna Woods resident got when he spoke to Lou Penrose, listening in for Congressman John Campbell.
"Just as you were unable to keep the House in session when you wished to address energy issues, we (who live in Laguna Woods Village) wish to have our concerns heard in open meetings and have our governing agent and boards be responsive to our needs. Mr. Penrose insisted that all we had to do was fire the managing agent. Can you, by yourself, fire the Speaker? It sounds good, but without help and support it is impossible, especially when you have to pay all expenses involved. As I tried to explain to MR. Penrose (who was not interested in listening to my issues but wanted instead to give me his simplistic statements)" reads in part a letter sent to Congressman Campbell by Mr. McDaniel.
In addition to the obstacles faced by Mr. McDaniel, residents who want to remove unresponsive or otherwise incompetent directors, face other challenges. Unlike other elected officials, there are no comparable built-in checks and balances in a common interest development - in essence, a good number of these communities are turned into personal fiefdoms, where the only rule of law is the one the directors decide upon.
When disgruntled homeowners, as Assemblyman Spitzer might say, do elect independent directors, board of directors can resort to political assassinations, such as the recent political assassination of Stanley Feldstein when he was removed as Third Mutual president, or Coto de Caza's Steven Zipperman.
We contacted Mr. Penrose about Mr. McDaniel's plight. Mr Penrose promptly called us back and confessed he did not know what to do. It was clear from our conversation, that Mr. Penrose has no idea how unincorporated communities are managed at a local level.
Meniffe's own Therese Daniels et all have been fighting an uphill battled against the Sun Civic Associaton. In an open letter to Mr. Tom Thurman, President of SCCA she calls Mr. Thurman a liar: "My statements are quite true. If you can prove other wise, I will then and only then take back my words and apologize" - she writes. Not having a response from Mr. Thurman, she then sends an open letter to the assocation, reading in part:
Every week I broadcast Menifee Valley Talk Radio, a program that deals with issues that affect Sun City and Menifee. .......
I have repeatedly invited Mr. Thurman to be a guest on the program to share his insights about SCCA and the value of a 55+ only community. He has conveniently ignored me. Therefore, I am writing to all of you to ask if Mr. Thurman for whatever reason does not want to be a guest on the program, perhaps one among you would enjoy the opportunity to represent SCCA on Menifee Valley Talk Radio"
We have tried to reach the association and Mr. Thurman, but have not heard from anyone.
Trying to close the gap between Laguna Woods. Mr. McDaniel and Congressman John Campbell, we asked Mr. McDaniel to summarize the actions he would like the congressman to take:
We have paraphrased his request below:
There are 5 things:
1. Federal legislation since this is a NATIONAL issue. And, since the state is unwilling or unable to enforce their laws.
2. Get a federal agency to start a RICO investigation since our funds are being misapplied systematically and there is a conspiracy to cover up where these funds are going and exactly how the state laws are being avoided/circumvented.
3. Get the IRS in here to do an audit.
4. Chuck DeVore has ignored us for years. Through his offices the Congressman can put pressure on our state officials to uphold the law that is in effect and to protect senior citizens and the estimated 25% of the State of California who live in Common Interest Developments.
We are tired of being ignored by the elected. We do not need tickets to tour the white house or a flag flown over the capitol....our only son's severe disability in Afghanistan is contribution enough! The VA does not support him in his pain and disability and none of the legislators helped us help him when he was first retired from the army. NONE. State or Federal.
Walters was scheduled to come here to speak at one point over this summer (after the primary) but she didn't show up..... we get hot air promises and NO action. Penrose promised in his e-mail that he'd forward the concerns to DeVore and have DeVore get on things. It's been a week and we don't have so much as his phone number on our Caller ID. Yeah, they just really jump on things.
5. Blatant discrimination is taking place...both age and race. People of color who have historically been discriminated against and for whom many laws have been written have not been able to make or meet the arbitrary financial requirements placed on people who desire to live here.
In other words, the congressman more than likely will not do much
On the other hand, Supervisor Bates does know how independent communities are governed - she was involved in turning one into a city - a major stepping stone for most wannabee politicians.
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