Monday, February 08, 2016

Coto de Caza's litigious HOA & Property Values



Posted by CotoBlogzz

Coto de Caza, CA  - we have long argued that the Wealth of a Homeowners Associations is analogous to the World’s Bank the Wealth of Nations, where current values of natural resources and produced capital total only 20% for rich countries and a whopping 80% of the wealth of nations is “intangible” – we refer to this intangible as social capital.  

The social capital encompasses trust among people in a society, efficient judicial system, clear property rights and effective government!  In fact, the World Bank finds “Human capital and the value of institutions (as measured by rule of law), constitute the largest share of wealth in virtually all countries”.  Reason’s Magazine Ronald Bailey illustrates the effect of this social capital using the example of  “a Mexican, or for that matter, a South Asian or African, walking across our border, they gain immediate access to intangible capital worth $418,00 per person."


Comparison of Claims by HOA - By far the most litigious is the CZ. For this reason, we do not include others after 2012


Often the CZ Master Association HOA board of directors uses the argument that it is doing/or not, this and that to “protect property values.”  Unfortunately since Robert Varo assumed command of the HOA, and later Xochitl Yocham, public safety and law and order have taken a back seat – the two most important determinants of property values. 

Worse, supported by Keystone Pacific and James Harkins, the property management company and legal counsel respectively, the board has turned the association into the most litigious HOA.  The board’s  legal counsel has often argued that he and the HOA are beyond the jurisdiction of local, state and federal authorities, while he has invoice an HOW $30,000 for the handling a small claims court and a resident lost a condo due to an improperly parked RV.
All of this to say that if the HOA is serious about property values, a great place to start is with more transparency and much less litigation.


Transparency International’s most recent Corruption Perception Index finds that more than 6 billion people live in countries with a serious corruption problem – as shocking as the figure it, based on our coverage of national HOA issues, it might just be grossly understated.


Below are snippets of tactics Keystone Pacific uses aiding and abetting HOA boards who run amok

Source:  http://www.huntingtoncontinentalvoice.com/

UPDATE 5/2014! Owner who won major victory for all California HOA homeowers now under savage financial attack by Keystone Pacific Community Manager hired by the Huntington Continental Board of Directors. Coincidentally this Keystone Pacific Community Manager is a long term and “personal friend” of a specific director who authorized the previous attempted foreclosure. The Keystone Pacific Community Manager, approved by the same director, is now arbitrarily adding (added) 1000s and 1000s of dollars in attorney fees monthly to the owners account! it’s our opinion this is an obvious targeted attack of malicious retribution against anyone who stands up to these people when they don’t abide by the law!

This Community Manager has now added more than $25,000 in attorney “phone call” and “email” fees to the owners account. Beware this could happen to you!

UPDATE 6/2014! After publicly exposing the link between the board member and  the Keystone Pacific Community Manager, this community manager has been removed! However, they have not removed all of her daily phone calls and emails to the attorney and malicious additions to my ledger.

UPDATE 10/2014! Enough is enough. All owners at Huntington Continental are being victimized by this complete mis-management. Imagine $12,000 (old amount) in attorney fees (60 months of assessments) paid to an attorney when the entire situation was caused by the association itself! Association, directors, and management company named in legal action.

UPDATE 7/2015! A Superior Court lawsuit has been filed, and now is being amended.

HOA foreclosure victims – If you have been foreclosed on by ANY HOA attorney who refused payments that may have allowed you to keep your property I would advise you to contact an attorney and sue the HOA and HOA attorney who refused your money. Refusal of your payments was unlawful!!!

Additionally, we allege these “service providers” should pay back the monies to Huntington Continental (unjust enrichment). If you are an owner in Huntington Continental we believe these ‘service providers’ owe our association about $250,000!!!

If you also believe these ‘service providers’ should pay back the wasted fees they charged and were paid by your HOA directors, you should contact us via the contact links. The amount is about $500 for each and every owner at the Huntington Continental. (that is 2.5 months with no dues!!!!). Obviously one can not get paid for doing a bad job or pursuing an illegal collection and wasting literally many hundreds of thousands of dollars.

If you live in an Association you may know of these providers named below and you may want to check and see if they are doing the same things at your Association. Those things would be: 1) refusing partial payments (any payment you make MUST go to your assessments, 2) suing you in Small Claims court and charging Attorney fees (we believe this to be a new illegal scam happening with debt collection managers and ‘consulting’ attorneys.

  • An updated list of defendants that have been sued on the amended complaint are:
  • 1 – Huntington Continental Town Home Association, Inc.
  • 2- Rustan Laine (former President)
  • 3 – Myra Kuck (former Treasurer)
  • 4 – Feldsott and Lee (a law firm)
  • 5 – Stanley Feldsott
  • 6 – Jacqueline Pagano
  • 7 – Tyler Jones
  • 8 – Keystone Pacific
  • 9 – Cary Treff
  • 10 – Erica Griffith
  • 11 – Renee Barger
  • 12 – Brittany Bennett
  • 13 – Cane Walker Harkins (a law firm)
  • 14 – James Harkins
  • 15 – Arturo Chayra (dismissed as to some counts)
  • 16 – Richard Sheldon Bar (dismissed as to some counts)
  • 17 – Diann Robertson (dismissed as to some counts)

YOUR NEW SECRET WEAPON! – As a mandated member of your association you are effectively a ‘stock holder.’ When the directors are idiots and let the attorneys or management company fleece your operating account for every dollar you take in every month… or the directors are self-dealing in some way. If your lawsuit would benefit the Corporation as a whole and not just you – file a Shareholder Derivative Action against your management company or your HOA attorneys…. the law is that your attorney can get attorney fees!

Shareholder Derivative Actions – Your Secret Weapon!


association, manager, management company ‘now have’ added $25,000+ in attorney fees over a $120 debt the association created. Attorney fees 200 times the amount of dispute! We believe these are: $25,000 in bogus (unlawful) attorney fees and charges over a $120 small claims dispute!

SMALL CLAIMS HISTORY – A NEW VICTORY!
  • Association continued it’s bad acts after trial. Long story.
  • Owner sued in Small Claims for specific performance. Could not be granted.
  • Association had filed new lien and attempted to sue in Small Claims.
  • Association (improperly) dismissed first Small Claims suit, and filed a second.
  • Association sued again in Small Claims and convinced Judge to give Association $5,000 judgment!
  • Owner filed motion to vacate based on correct law. Stubborn Judge refused.
  • Owner filed a writ petition. Writ Judge denied, said remedy in Small Claims Appeal.
  • Owner appealed to Small Claims Appellate Division.
  • Small Claims appeal trial got delayed and delayed…. (good luck)
  • Owner filed Unlimited Civil complaint against Association and it’s bad actors.
  • Owner notified new Judge he filed the Unlimited Case. Judge said to file motion for consolidation.
  • Association’s attorney ‘Pinocchio’ danced on the tables playing his flute, his nose grew like a garden hose!
  • Judge did not buy his twisted BS story and ordered a consolidation of case.
  • This may have been same attorney ‘advised’ to file a Small Claims Action ‘after’ filing a lien! Civil Code prohibits this!
  • (real estate lien is a limited civil issue – civil code gives two options, sue in Small Claims or file lien – not both – read history of law!)
  • 2/9/15 – Judge says ‘legal issues’ – Judge consolidates…. another $15,000 of Association’s legal fees out the window!!!
  • We believe Pinocchio has been paid. Another attorney who pocketed the Association’s dwindling money!
  • Now on to Unlimited Civil against this malicious group.
  • When a motion was filed to consolidate the Association’s lawsuit against me in small claims – the Association dismissed their lawsuit against me!! Another waste of $25,000 paid to an HOA attorney.


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1 comment:

JL "Buzz" Aguirre said...

For more on historically litigious nature of the Robert Varo/ Xochitl Yocham's HOA board: http://cotobuzz.blogspot.com/2012/10/litigious-coto-de-caza-homeowners.html