Sunday, November 04, 2012

Neighbors at War - Coto de Caza's Grand Oak Tree Exhibit A

Posted By CotoBlogzz

Coto de Caza, CA-  Who woulda thought this grand old 200 year old giant oak tree would bring out the very worst in people running Coto de Caza and it's local golf course? Pretty sad if you ask me. Coto de Caza Resident fighting his HOA, property management company, the OCFA and the Coto de Caza golf club over the SummerHill Grand Old Oak Tree.

Summerhill Oak Tree on Death Row - Click here for details

Even though the HOA is spending over $1.5 million/year in a sophisticated irrigation system, a property management company, two landscape companies and landscape consultants, and county guidelines for the proper care of protected native oaks trees,   it does not have an oak tree management process.  But because it is intent n cutting this Grand Oal Tree, it hires a so-called tree expert Arbor Essence's Kerry Norman who describes his own inspection as "limited" and concludes "there are no signs of life" - see branch on the right - does that look like a sing of life to you?

We asked Mr. Norman to clarify his clearly flawed report, but we have not heard from him.

Our premise is that a carpenter measures twice, cuts once.  Should an oak tree expert not use a thorough inspection to give the Grand Old Oak Tree the benefit of the doubt?
Arbor Essence's Kerry Norman  could not find a sign of life! - What does it look like to you?

Arbor Essence's Flawed Oak Tree Report


Neighbors At War! The Creepy Case Against Your Homeowners Association [Paperback]

Ward Lucas (Author)
Ward Lucas, has spent 40 years in investigative journalism and has won more than 70 journalism and civic awards for his reporting and writing. He was the first reporter on the DB Cooper hijacking and the Ted Bundy murders. He has interviewed Presidents and nursing home residents, Secretaries of State to street people.


 I was jolted to a run by the sound of a saw out back, this morning and stood slack jawed at the scene of a 200 year old oak tree being sawed down.  My husband and I started to yell.  This is a mistake!

 If you do not see anything wrong, you just qualified for a seat on the CZ Master Association board of directors.

Coto de Caza's HOA not under  jurisdiction of state and or  federal law:  honorable  John Flynn III  Coto de Caza, CA – The verdict  is in, in the Small Claims Court trial  30-2012-00570806-SC-SC-HLH,  held July 23, 2012,  against the Coto de Caza Homeowners Association, otherwise known as CZ Master Association. In the case, it was alleged that the association not only failed to comply with Civil Code § 1365 but that  it continues to claim it is beyond local, state and federal jurisdiction,   The Honorable John L. Flynn III ruled that the HOA board of directors  indeed is not under  the jurisdiction of state and  federal law. Sort of

Click here for details


Back on December 12, 2011 my wife was hauled into small claims court by the Dove Canyon HOA via Seabreeze Mgmt. to answer their complaint that she owed them $5,000 in back dues and fees. 

When the case was called before the judge I handed him the law stating that a HOA could not file a lawsuit against anybody unless they first gave them an opportunity to try and resolve their dispute under what is called either an Internal Dispute Resolution (IDR) or an Alternative Dispute Resolution (ADR) process with the Association.

Is demanding you get approval to plant some pretty flowers  in your front yard the way you want to live? Is denying you the right to build your little daughter a  doll house in your back yard the way you want to live? Is  foreclosing on your house because you failed  to pay a $50 late fee  on your monthly dues bill the way you want to live? Is threatening and harassing you for complaining about the way your HOA is treating you the way you want to live? Is paying for people to constantly threaten and abuse you the way you want to live? And finally is being abused and bullied on a daily basis by out of control HOA board members the way you want to live? If you do want to live this way then go buy a house in a homeowner association controlled private development community. If you do this the two best days of your life will be the day you buy the house and the day you sell the house to get away from such HOA bullying and abuse.

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