Monday, November 05, 2012

An Argument for the Care and Maintenance of Trees


TREES
by: Joyce Kilmer (1886-1918)
     THINK that I shall never see
    A poem lovely as a tree.
     
    A tree whose hungry mouth is prest
    Against the earth's sweet flowing breast;
     
    A tree that looks at God all day,
    And lifts her leafy arms to pray;
     
    A tree that may in Summer wear
    A nest of robins in her hair;
     
    Upon whose bosom snow has lain;
    Who intimately lives with rain.
     
    Poems are made by fools like me,
    But only God can make a tree.



An Argument for the Care and Maintenance of Trees

Why Trees Are Important
Since the beginning, trees have furnished us with two of life's essentials, food and oxygen. As we evolved, they provided additional necessities such as shelter, medicine, and tools. Today, their value continues to increase and more benefits of trees are being discovered as their role expands to satisfy the needs created by our modern lifestyles.

Community and Social Value

Trees are an important part of every community. Our streets, parks, playgrounds and backyards are lined with trees that create a peaceful, aesthetically pleasing environment. Trees increase our quality of life by bringing natural elements and wildlife habitats into urban settings. We gather under the cool shade they provide during outdoor activities with family and friends. Many neighborhoods are also the home of very old trees that serve as historic landmarks and a great source of town pride.



In addition, architectural and engineering functions are served by your community's trees. They frame landscapes, create beautiful backgrounds and enhance building designs. Trees can provide privacy, emphasize beautiful views, and screen unsightly areas. Noise from roadways and other urban activities is muffled by well-placed trees that serve as sound barriers. As a matter of fact, the U.S. Environmental Protection Agency states that trees can reduce bothersome noise by up to 50% and mask unwanted noises with pleasant, natural sounds. Using trees in cities to deflect the sunlight reduces the heat island effect caused by pavement and commercial buildings.

Ecological and Environmental Value

Trees contribute to their environment by providing oxygen, improving air quality, climate amelioration, conserving water, preserving soil, and supporting wildlife. During the process of photosynthesis, trees take in carbon dioxide and produce the oxygen we breathe. According to the U.S. Department of Agriculture, "One acre of forest absorbs six tons of carbon dioxide and puts out four tons of oxygen. This is enough to meet the annual needs of 18 people." Trees, shrubs and turf also filter air by removing dust and absorbing other pollutants like carbon monoxide, sulfur dioxide and nitrogen dioxide. After trees intercept unhealthy particles, rain washes them to the ground.

Why Trees Are Important
Trees control climate by moderating the effects of the sun, rain and wind. Leaves absorb and filter the sun's radiant energy, keeping things cool in summer. Trees also preserve warmth by providing a screen from harsh wind. In addition to influencing wind speed and direction, they shield us from the downfall of rain, sleet and hail. Trees also lower the air temperature and reduce the heat intensity of the greenhouse effect by maintaining low levels of carbon dioxide.
Both above and below ground, trees are essential to the eco-systems in which they reside. Far reaching roots hold soil in place and fight erosion. Trees absorb and store rainwater which reduce runoff and sediment deposit after storms. This helps the ground water supply recharge, prevents the transport of chemicals into streams and prevents flooding. Fallen leaves make excellent compost that enriches soil.
Many animals, including elephants, koalas and giraffes eat leaves for nourishment. Flowers are eaten by monkeys, and nectar is a favorite of birds, bats and many insects. Animals also eat much of the same fruit that we enjoy This process helps disperse seeds over great distances. Of course, hundreds of living creatures call trees their home. Leaf-covered branches keep many animals, such as birds and squirrels, out of the reach of predators.

Personal and Spiritual Value

The main reason we like trees is because they are both beautiful and majestic. No two are alike. Different species display a seemingly endless variety of shapes, forms, textures and vibrant colors. Even individual trees vary their appearance throughout the course of the year as the seasons change. The strength, long lifespan and regal stature of trees give them a monument-like quality. Most of us react to the presence of trees with a pleasant, relaxed, comfortable feeling. In fact, many people plant trees as living memorials of life-changing events.

Trees help record the history of your family as they grow and develop alongside you and your kids. We often make an emotional connection with trees we plant or become personally attached to the ones that we see every day. These strong bonds are evidenced by the hundreds of groups and organizations across the country that go to great lengths to protect and save particularly large or historic trees from the dangers of modern development. How many of your childhood memories include the trees in your backyard or old neighborhood? The sentimental value of a special tree is simply immeasurable.
Arbor Essence's Kerry Norman  could not find a sign of life! - What does it look like to you?

Practical and Commercial Value

Trees have supported and sustained life throughout our existence. They have a wide variety of practical and commercial uses. Wood was the very first fuel, and is still used for cooking and heating by about half of the world's population. Trees provide timber for building construction, furniture manufacture, tools, sporting equipment, and thousands of household items. Wood pulp is used to make paper.
We are all aware of apples, oranges and the countless other fruits and nuts provided by trees, as well as the tasty syrup of North American sugar maples. But did you know the bark of some trees can be made into cork and is a source of chemicals and medicines? Quinine and aspirin are both made from bark extracts. The inner bark of some trees contains latex, the main ingredient of rubber. How many more uses can you name?

Property Value and Economic Value

Why Trees Are Important
Individual trees and shrubs have value and contribute to savings, but it is the collective influence of a well-maintained landscape that makes a real economic impact and has the greatest effect on property value. Direct economic benefits come from a savings in energy costs. Cooling costs are reduced in a tree-shaded home, and heating costs lowered when a tree serves as a windbreak. According to the USDA Forest Service, "Trees properly placed around buildings can reduce air conditioning needs by 30% and save 20-50 percent in energy used for heating."
Property values of homes with well-maintained landscapes are up to 20% higher than others. Here are some eye-opening facts and statistics regarding the effect of healthy trees and shrubs:
  • Homes with "excellent" landscaping can expect a sale price 6-7% higher than equivalent houses with "good" landscaping. Improving "average" to "good" landscaping can result in a 4-5% increase.
    - Clemson University
  • Landscaping can bring a recovery value of 100-200% at selling time. (Kitchen remodeling brings 75-125%, bathroom remodeling 20-120%)
    - Money Magazine
  • A mature tree can have an appraised value between $1000 and $10,000.
    - Council of Tree and Landscape Appraisers
  • 99% of real estate appraisers concurred that landscaping enhances the sales appeal of real estate.
    - Trendnomics, National Gardening Association
  • 98% of realtors believe that mature trees have a "strong or moderate impact" on the saleability of homes listed for over $250,000 (83% believe the same for homes listed under $150,000).
    - American Forests, Arbor National Mortgage

Sunday, November 04, 2012

HWCV - How would Christians Vote?




Rancho Santa margarita, Ca- Voting day is 24 hours away and it's important that Christians participate in this privilege of government that is "of the people, by the people, and for the people." But how should a Christian vote? The answer is: biblically.

Last week, Harvest Ministries Pastor Greg gave a message about some of the Hot Button Issues" in today's society. Among other things, he outlined God's definition of the family, gay marriage, homosexuality, capital punishment, and abortion.

Pastor Greg encourages you to watch the webcast before visiting the polls on Tuesday, and be praying about how the Lord would have you vote. "Hot Button Issues" will also be airing on A New Beginning  on Monday. Check broadcast information here.


Watch webcast


Praying God's will for America,


Harvest Ministries with Greg Laurie
P.O. Box 4000, Riverside, CA 92514-4000
Phone: 1-800-821-3300

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





Lucas-bookcover1

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.

RELATED STORIES:


LETTERS
 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

LETTERS 

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.

Preface:
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.


The Far Left & Radical Islam’s Common Denominator: the Obama Syndrome




Posted By CotoBlogzz

1.  Blame America first
The traditional classic American worldview is that America is an exceptional country. The Far Left and Radical Islam’s first reaction is to blame America for all the ills.  The latest example is the Benghazi debacle, where the current administration, contrary to the facts available, propagated the myth that a video on YouTube fueled a spontaneous demonstration, which ended up with the murder of Ambassador to Libya, Chris Stevens.

Paradoxically, Secretary Hillary Clinton stated that emails which appeared on social media did not constitute as credible evidenced, yet she used the video on YouTube as evidence.



2.  Human life has little to no value.  In California, as of July 1, 2012, it is illegal to consume duck’s liver (foi grass) because it is inhumane to ducks.  Yet abortionists Planned Parenthood continues to be funded at taxpayer’s expense.  What is wrong with this picture?

3.   You can be surethat NBC, CBS, ABC, CNN, LA TIMES & NY TIMES is behind the far left and radical Islam

4.  Trusts the government more than the individual initiative


5.  Relies on government to define the right rights, as opposed to God given rights.  In fact, during the latest Democratic National Convention, God was booed while at the same time praising Allah.  In the case of Islam, women are second class citizens.



6.  Embraces the Pareto Rule (aka as 802- Rule) to profile veterans, seniors and those advocating for smaller argument as  terrorists, while denouncing racial profile to weed out terrorism, for example.


7.  Embraces the Pareto Rule for entitlements, but denounces it as racial profile if it does not fit the agenda. 


8.  Intolerant of tolerance.  AKA as selective aesthetic reasoning.

Selective Aesthetic Reasoning
9.  Against freedom of YOUR speech & against freedom of YOUR religion:  While it denounces the use of terms such as  War on Terror and illegal alien  as divisive, it prefers the terms workplace violence, overseas contingency operations and man-made disaster.  At the same time it denigrates women who view abortion as murder and ridicules successful conservative women.

10 Worships small, sissy, easily offended gods.   




RELATED STORIES


ABC, CBS, NBC, CNN Are the Enemy of the American People

The President instituted the 15-Minute Rule for government officials calling the White House for issues related to Super storm Sandy - Ambassador Stevens got the Never Never Rule


Supports Pat Cadell's  assertion:   Media, like CNN,  Have Become “Enemy of the American People"



Supports Pat Cadell's  assertion:   Media, like CBS Have Become “Enemy of the American People”
Supports Pat Cadell's  assertion:   Media, lime ABC, Have Become “Enemy of the American People"




Petraeus and Panetta Speak—But Not the President

Petraeus has disclaimed responsibility for the decisions of September 11. Panetta has claimed responsibility for decisions that weren't his to make. Both Petraeus and Panetta have raised more questions than they've answered. The only person who can provide the answers the American people deserve is President O
 

Saturday, November 03, 2012

Homeowner Associations in America today...dedicated community leaders or narcissistic tyrants and bullies?



By William Kirkendale

Preface:
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.

So what kind of people run these HOA's? Well I can tell you one thing. They're not the kind of people you'd have over for dinner at your house any time soon. What most of them are are bullies and tyrants who are in love with their new found power and authority over you. They wouldn't know anything about fairness or decency if it bit them. These people all have Napoleonic complexes needed to show everyone they meet just how war like and powerful they are. Common sense and common decency go right out the door. And if you make them angry they will make your life miserable forever with all their threats and harassment. To them there is no middle ground. You are either one of their hallowed buddies or one of their most hated enemies.

When I think of HOA's and their management companies the word Narcissistic comes to mind. These people are not everyday hard working normal people. They are everyday abnormal people looking in the mirror all the time to see how great and beautiful they are. No there are no real redeeming social or moral values to these people..they lost those the day they became HOA board members and management company lackeys. If you are listening I want to wish all of you my utmost pity and very best wishes.

PART 1..

When you bought your house in one of these HOA controlled communities you were handed 500 pages of a document called your CCR's ....or in layman's term your rules and regulations on how you will  live and behave in your new community. What you don't know or realize however is that most of these rules are meant for only one thing. To take away your personal freedoms and homeowner rights so that a few  narcissistic HOA board members can harass and bully you into total submission to their will. 


Click here for details 

 These are not nice neighborly people you would want to befriend and have over to your house. These are for the most part pathological liars and bullies  out for only one thing in life. To prove to everybody how important and powerful they are.



At the same time you will be encountering all these HOA board people  you will also be introduced to your HOA management company. These are people who like to tell everybody how much they want to help and assist you to have a wonderful homeowner experience only to do just the opposite. In many ways these management company people are even worse than your HOA people. This is because the talent pool for hiring good employees for this job is very thin and because most of these people if they do have a job have been promoted up to their own level of incompetency (the Peter principle) This means that if you want to have an intelligent conversation with one of them it is virtually impossible to do so. 

Not only that but because these people have been given so much power and authority over you they too turn into dictatorial bullies and tyrants just like your HOA board members. Only with them they are not residents of the community they are outsiders who want to be residents but can't afford it. This then makes them jealous and angry with you because you can afford to live there but they can't. 

Oh my God what a combination. Jealous incompetent people telling you how to run your life..No thanks I'd rather take poison..

And finally all my fellow HOA friends you have to know about this little goodie you'll be subjected to. Board run Community security protection services. For the most part the security companies they hire are only there to run and control the gate entrances to your community. In some instances however they are hired to patrol your community to supposedly keep you safe. When this happens it is usually a total unmitigated disaster for the community. Why so? 

As you know most HOA board members are not nice people and are only interested in totally controlling your life. What better way to do this than hiring their own friends to patrol your streets and rule over you like Nazi Gestapo troops. I might add that these people they hire are usually good friends who owe them a big debt of gratitude for handing them over millions of dollars in no bid contracts. 

What makes this all the more unconscionable is that you as a homeowner pay substantial property tax dollars for local police and fire protection. Why then are you paying additional taxes in the way of homeowner dues to hire private security?

The answer  is Avarice and greed and HOA power to control your lives. The greed is on the part of the security company owners who pick your pockets every single  day for bogus promises of protection and security they never deliver. The only protection and security you'll ever  see is at the security company owners'  house parties they throw all the time for all their board member friends. 

The power to control your lives of course is the main staple of an HOA board. By hiring their own friends to provide security they come full circle in their narcissistic desires to run your lives. Give you tickets, tow your cars away if you've made board members angry and in general do absolutely nothing to give you the kind of protection and security you're paying millions of dollars for....that is unless you're a board member who wants to throw an elaborate party at his house. 

No my friends the light at the end of this abusive HOA tunnel is not the light of  someone being  neighborly and friend to you    but rather the light of continued harassment and bullying by people who would rather abuse you than help you.


RELATED STORIES



 "I am beginning to think that Jim Harkins should be fired for even agreeing to write these unprecedented letters.  He should have a higher standard that money can't buy."  Joseph Morabito, political activist, entrepreneur and former direct CZ Master Association 

LETTERS


LETTERS


 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!

Friday, November 02, 2012

NRA Recovers 1.3 Million Dollars in Attorneys’ Fees For Work on Supreme Court McDonald Case and Related Cases


By Michel and Associates

On August 14, 2012, the United States District Court for the Northern District of Illinois awarded over 1.3 million dollars to the National Rifle Association (NRA) to reimburse it for attorneys’ fees for the legal work NRA’s lawyers did in thecases of National Rifle Association v. City of Chicago andNational Rifle Association v. Village of Oak Park, and for its role and significant work as a party in the Supreme Court case McDonald v. City of Chicago. The checks are in! A copy of the $663,294.10 check from the Village of Oak Park can be viewed here. A copy of the $663,294.10 check from the City of Chicago can be view here.

The filings in these three cases can be viewed by clicking on the respective case name. These three cases were all filed shortly after the 2008 District of Columbia v. Heller Supreme Court decision was issued. That decision struck down a Washington D.C. law banning handgun possession, and recognized an individual right to self-defense and to keep and bear arms. These cases were designed to get the Supreme Court to resolve the issue of whether the Second Amendment, in addition to prohibiting federal government infringement, also prohibited state and local governments from infringing on the right to keep and bear arms. In theMcDonald decision, the Supreme Court extended the Second Amendment’s protections to the state and local government level, just as self-defense civil rights advocates had hoped it would.

When the McDonald case, financed in large part by the Second Amendment Foundation (SAF), was accepted by the Supreme Court, the NRA was deemed a party to theMcDonald case under Supreme Court Rule 12.6 by virtue of its role as a party in the two consolidated Chicago and Oak Park cases. As a full-fledged party in the McDonald case, the NRA filed its own legal briefs to persuade the Supreme Court Justices of the NRA’s position. Multiple other non-party groups also weighed in on the case through amicus briefs, including the CRPA Foundation. Lawyer Alan Gura argued for Mr. McDonald. Former Solicitor General Paul Clement argued on behalf of the NRA before the Supreme Court.

The Supreme Court’s McDonald decision held that the Second Amendment right to keep and bear arms is incorporated through the Fourteenth Amendment and thus, fully applicable to the States. In the wake of the ruling, the Supreme Court remanded the McDonald case, as well as the two NRA cases, back to the Court of Appeal to address the City of Chicago’s and the Village of Oak Park’s unconstitutional handgun bans. But before an injunction could be issued by the lower courts, both Chicago and Oak Park repealed their handguns bans. The City of Chicago replaced its repealed ban with another ordinance which allows Chicago residents to lawfully possess handguns in their homes if they obtain a valid Chicago Firearms Permit and register each handgun. This new law is currently being challenged in a new lawsuit.

Because the challenged ordinances were repealed, the Seventh Circuit Court of Appeals did not need to address the injunction issue. Instead, it vacated the original rulings of the U.S. District Court (which had granted the City of Chicago’s motions for judgment on the pleadings against McDonald and the NRA), and then sent all three cases back to the District Court with instructions to dismiss the cases as moot (because the ordinances were repealed).

But the Seventh Circuit Court also instructed that "[i]f plaintiffs [both McDonald and NRA] believe that the repeals [of the ordinances] entitled them to attorneys’ fees under 28 U.S.C. § 1988, they may file appropriate motions in the district court."

All plaintiffs filed those attorney fee recovery motions in the District Court. In opposing the attorney fee motions, Chicago and Oak Park argued that because the ordinances were repealed before an injunction or judgment could be entered, the plaintiffs in all three cases were not "prevailing parties" and therefore were not entitled to recover attorneys’ fees. On that basis, the District Court denied all plaintiffs their attorneys’ fees.

The parties again appealed and went back up to the Seventh Circuit Court of Appeals, which overturned the District Court’s ruling on plaintiffs' entitlement to recover fees. The Court of Appeals recognized that the NRA was indeed a prevailing party in each of the three cases, including the McDonald case in the Supreme Court, and that the NRA was entitled to recover its attorneys’ fees for all the work its lawyers did, including work in the U.S. Supreme Court.
Finally, in June 2011 the cases were once again all sent back to the U.S. District Court to calculate the amount of the fee awards.

In September 2011, the SAF lawyers resolved their attorneys’ fees claims for work on the McDonald case for slightly less than $400,000.00.

NRA, on the other hand, continued to litigate the fees issue. Referencing the value of NRA’s contribution to theMcDonald case when it reevaluated NRA’s fee request, the U.S. District Court recognized in June 2012 that theMcDonald / SAF attorneys and NRA’s attorneys "took different approaches to their respective cases: McDonaldsaid that the Second Amendment applies to the states by virtue of the Privileges and Immunities Clause of the Fourteenth Amendment, while NRA said it applied by virtue of the doctrine of substantive due process." The Supreme Court’s McDonald decision adopted the substantive Due Process approach. McDonald’s lawyers argued the Due Process approach as a back-up to their Privileges or Immunities clause argument. However, the Privileges or Immunities argument was ridiculed by Justice Scalia and the majority of other Supreme Court Justices during oral argument.

NRA has now recovered fees in excess of 1.3 million dollars. So for losing the cases, Chicago and the other cities involved paid a total of over 1.7 million dollars to firearms civil rights groups.
In September 2012, the NRA filed another Motion for Supplemental Attorneys’ Fees. By that motion, the NRA is now seeking attorneys’ fees and expenses incurred in litigating its original motion for attorneys’ fees. Because these fees and expenses were not included in the amount of the August fee award, Chicago and Oak Park will most likely be writing more checks to the NRA!

HOA board mentality and unconscionable CC&Rs rewrites


By George K. Staropoli

Homeowners living in HOAs must decide what side of the fence they are sitting on!       Whether on the side of management or on the side of the rank and file homeowner?  There is a major difference as the HOA is not a democratic community government, but a corporate form of government.  And never has a corporate form of government been described as democratic.

The business parallel of “management vs. employees” in HOAs is alive and well. Management represents the HOA entity and not the members, just as management represents the stockholders and not the employees.  Legally this fact is found everywhere.  And the HOA attorney who advises the board and rewrites CC&Rs and amendments represents management and not the interests of the members.  How many times have you seen and heard “for a more productive and effective HOA” and “for the benefit of all members collectively”?   Sounds nice, but the two are not equivalent.  The board does not speak for all the members and that’s why there is member voting.

A most egregious and unconscionable act by the board and its attorney can be found in the broad rewrite of the CC&Rs where liberties are taken in favor of the HOA.  Where the homeowner again unknowingly waives and surrenders his rights and freedoms to the HOA, because the homeowner rank and file does not hire their own attorney to explain the impact of the HOA changes.

An example of how far this unconscionable activity can go involves the rewrite of CC&Rs by an Arizona CAI member attorney firm, and member of CAI’s College of Community Association Lawyers (CCAL).   In the rewrite the attorney deleted “reasonable” with regard to attorney fees and added “all”.  The attorney also did not adopt the “prevailing party” widely accepted standard of fairness, but mandated the homeowner to pay its fees regardless if the homeowner wins.  In other words, even if the homeowner had brought suit against HOA wrongful behavior and wins, he must still pay the HOA attorney fees.  Covenants that are unconscionable and against public policy are held to be invalid.

Additionally, a festering issue at the Arizona Legislature has been the awarding of attorney fees by the Office of Administrative Hearings (OAH).   The attorney uses the term “administrative law judge” as most homeowners would know that OAH does not pay attorney fees.  This blatant “squeeze it by and maybe they won’t notice” tactic is disgraceful.  Yet, in 99% of the cases heard at OAH the HOA has decided to hire the unnecessary attorney.  The HOA should pay for this unnecessary decision.

And yet many homeowners would go along with this “stick it to the homeowner” mentality.   Presumably because they see themselves not as the “homeowner” at issue, and therefore it doesn’t affect them.  But, the rewritten covenants apply to them, all of them.  And it also applies to the directors and officers who believe that this unconscionable conduct is good for the HOA in the long-term, and that it also doesn’t apply to

Homeowners in HOAs must decide where they stand.  For their rights or for unconscionable conduct and acts of bad faith by the HOA board and its attorney who is not your attorney.

Thursday, November 01, 2012

HOA board mentality: ‘because we can’ and ‘because we don’t have to’



By George K. Staropoli

How many times has a board member come up to you and say, “Hey, see you’re building an addition?  You know, you need to submit a request for approval before you do anything.  Come on down and let’s talk about it?”  Or, “Our landscapers will be coming by on Thursday to reset the sprinkler timers.”
Why not?  Because it’s the board’s mentality: “Because we can” and “Because we don’t have to.”   This mentality develops, based on my long history in seeking justifications for many outrageous acts by HOAs, from long term indoctrination into hair-splitting the laws and covenants, a parsing of the laws, in the best interests of the HOA.  Of course, coming from the HOA attorneys.  And there are no other rational and legitimate reasons for doing so, or not doing so, especially when good faith conduct is required of officers and directors.
What ever happened to “HOAs create pleasant, harmonious, carefree living, and democracy at work?”  What ever happened to social graces?  Good neighbors?  And common friendship?  I think that the problem lies with recourse to the CC&Rs that must be enforced at all costs got in the way. 
HOAs create an unhealthy climate.  See, Why do people harm others in HOAs?

CALIFORNIA POLITICIANS LOVE TO TAX LIKE THE FRENCH



  

 by Chriss Street


Support for Proposition 30, the income and sales tax increase touted by Governor Jerry Brown, has fallen below the critical 50% needed for passage for the first time in the California Field Poll.  With just five days to go before the election and polls showing support for Prop 30 fading, the teachers’ and other public employees’ unions are desperately spending fortunes trying to get voters to rescue their lifestyles


.  Unfettered by the risk of the initiative failing, Governor Brown and state politicians have increased deficit spending this year by more than the $6 billion Prop 30 might bring in.  “Taxafornia” is already suffering from wealth and business flight as the third worst tax burden in the U.S, but California politicians love to tax like the French.     

California Teachers Association is independently spending a million dollars a day in advertising for passage of Prop 30 in the Los Angeles media market, on top of the $8.8 million they gave to the official Yes on Prop 30 campaign.  No one is surprised that the largest official contributor group supporting the initiative would be unions, but it is perplexing that the second largest contributor class is multi-national beverage companies.  Coca-Cola donated $1.9 million, PepsiCo furnished $1.5 million, Dr. Pepper-Snapple gave $.7 million and assorted other beverage folks chipped in $.6 million.  Undoubtedly, the sugary soda folks are in for some serious crony payback.  
     
The Field Poll found that “Californians divide into two approximately equal size camps when asked whether they believe the state can continue to provide roughly the same level of services it now does if its budget had to be reduced by $6 billion. Statewide 48% think that it can, while 44% disagree.  Of those who foresee little impact on public services most are voting No on Prop. 30.”

In a brilliant political shake-down move, Governor Brown and the California Legislature passed a budget that would automatically cut 20 days out of the current school year if Prop 30 fails.  The Field Poll determined that “58% of voters are very concerned about the potential impact that the automatic spending cuts that would be imposed should Prop. 30 be defeated.  Among this group, support for Prop. 30 is running greater than three to one (68% to 20%).
The doomsday threat seems to have been effective motivating certain target groups:

Women support Prop 30 by a seventeen point advantage of 50% versus to 33%;
Independents supported the tax increase by eighteen percent at 52% to 34%;
Renters back the initiative by nearly two to one.
Men are split within the poll’s margin of error at 46% "Yes" and 43% "No".  Homeowners are also divided equally in their views of Prop. 30.  Geographic support is predominantly the Bay Area and Northern California versus Central and suburban Southern California.   

Historically, about 5% of people interviewed in a telephone poll falsely indicate their support for government and taxes, which means the “real poll numbers are 43% “For” and 38% “Against”.  Voters who are undecided on tax initiatives by Election Day tend to be people who have not been persuaded by the dog and pony show in support of picking their pocket.  Consequently, it appears Prop 30 is headed for a close defeat. 

California politicians are desperate to avoid the reality that the state is deeply insolvent and becoming more so every day.  In the first three months of the budget year through September, California budget is already upside down by $1.2 billion and the state had to increase barrowing by $2 billion to an obscene $22 billion to just keep the lights on.  If you multiply the first quarter shortfall by four, it is obvious that the $6 billion Prop 30 tax increase will only go to paying for the current deficit and do nothing to improve schools. 

With credit rating agencies threatening a downgrade California’s debt to “junk bond” and a slew of cities headed for bankruptcy court, passage of Proposition 30 tax increases will accelerate the persistent state budget deficits caused by the flood of the wealthy and small businesses abandoning California for the low tax rates of Texas and Nevada.  Mayor Bloomberg of New York summed up what happens when the wealthy are walloped by government: “You saw in France people moving out when they raised the tax rates,” the mayor said. “Whether you like it or not, the wealthy are mobile.”

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Secretary of Common Sense



Posted by CotoBlogzz


According to the Wall Street Journal,  " The brain trust behind President Obama's re-election campaign has a new idea, and what a revelation it is. A week from Election Day, Mr. Obama has disclosed to the voters that in a second term he'll create more private jobs by creating . . . one more government job.

Specifically, and all of a sudden, Mr. Obama wants a new Cabinet-level post that will be known as the Secretary of Business. "I've said I want to consolidate a whole bunch of government agencies," he said Monday, in a performance that captured his Presidency in miniature." - http://blogs.wsj.com/washwire/2012/10/29/obama-suggests-secretary-of-business-in-a-second-term/



However, our sources tell us that before before the  President would accept his brain trust's recommendations, he needed to first have a Cabinet Level position.  " it's a simple math problem "  he said.  " We must first have a Secretary of Common Sense."

To what Joe Biden responded.  "yes Mr. President, that is a big deal.  We need someone to make sense of all that jobs malarky"

According to our sources, the President's Jobs Council was so pumped at the prospects that other cabinet level positions are being considered, such as, Secretary of Bimbos, Secretary of Binders, Secretary of Bayonets and even a Secretary for Big Bird!