"Because of the seemingly unlimited and perpetual financial resources of the Association, the service providers often offer the Association self-serving advice, and make self-serving decisions which line their own pockets financially"
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Monday, July 27, 2015
New lawsuit sheds light on corruption in HOA industry:
Legal counsel and property managers, the enablers of abusive HOA directors- the lawsuit every HOA homeowner should read:
posted by CotoBlogzz
Rancho Santa Margarita, CA - the CZ Master is the largest the largest homeowners association in Coto de Caza. For more than ten years, the current board of directors, aided and abetted by legal counsel and Keystone Pacific, have practically eliminated dissent and turned it into arguably the most litigious homeowners association in Southern California.
Now, a lawsuit ( Case No.: 30-2014-00748493-CU-CO-CJC) filed by a Huntington Continental homeowner naming 50 defendants and selling over $100,000 per defendant suggests that the CZ Master Association board of directors thirst for litigation may be a direct result of what we have consistently argued, and now the lawsuit supports that argument:
Some of the 50 defendants include CZ Master service providers: Keystone Pacific Property Management, Inc, Cary S. Treff it’s CEO, Erica L. Griffith a collection assistant / manager, Brittany Bennett a collection assistant, Rene M. Barger a collection assistant / manager, Cane Walker Harkins LLP a collection attorney firm, and James C. Harkins a collection attorney
The lawsuit reads like a thriller that should be required reading not only for every Coto de Caza resident, but also every homeowner in any common interest development/homeowner association, (CID/HOA)
Some of the allegations contained in the lawsuit ( Case No.: 30-2014-00748493-CU-CO-CJC) include:
Because of the seemingly unlimited and perpetual financial resources of the Association, the service providers often offer the Association self-serving advice, and make self-serving decisions which line their own pockets financially.
What seems to be a common thread these days in all HOAs from coast to coast is that HOA attorneys routinely suggest and initiate litigation. The reason: win, lose or draw they get paid, and they get paid very well. Stanley Feldsott on his website indicates he was paid $60,000 on a $3,000 debt collection.
Keystone, it’s agents and it’s collectors Erica Griffith, Brittany Bennett and Rene Barger conspired with, aided and abetted attorney Harkins to harm homeowner financially by charging him and applying more than $25,000 in legal fees to his ledger generated by their own Laurel and Hardy collection efforts. Harkins’ and Keystone’s ‘racket’ creates two classes of pro se litigants in Small Claims court - plaintiff’s that can get attorney fees, and defendants that can not.
Attorney Harkins and Keystone use the same collection ‘racket’ throughout southern California in various homeowner Associations. Homeowner contends the scheme is illegal and financially malicious towards homeowners and he owes none of the attorney and collection fees charged to him.
Attorney Harkins became a billing machine collecting and or invoicing the Association more than $12,000 for dispute over less than an original $150 in interest and late fees that were NEVER the homeowner's fault
While Association member-owners have many rights by law, the Association and it’s service providers simply ignore those rights - and the law, and then run roughshod over the defenseless homeowners.
The lawyers use litigation privilege as a shield from lawsuits after recklessly and carelessly harming their victims.
Homeowner is suing a number of service providers and HOA board members for damages not less than $100,000 per defendant; For interest on the sum of damages at the legal rate; and for costs of suit
Defendants include: Defendant Group #3, (hereinafter “KEYSTONE DEFENDANTS”) consists of Keystone Pacific Property Management, Inc, Cary S. Treff it’s CEO, Erica L. Griffith a collection assistant / manager, Brittany Bennett a collection assistant, Rene M. Barger a collection assistant / manager, Cane Walker Harkins LLP a collection attorney firm, and James C. Harkins a collection attorney