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Tuesday, July 31, 2007

HOAs Are Evil

This may come as a shock, but I really hate homeowners associations, especially my own one Turtle Rock Meadows. Granted, we had to sign the stupid agreement when we moved in here in our Turtle Rock neighborhood, but if you don't sign it you can't live here. The reason I post this now is there was an article in this mornings Register about a family down in Aliso Viejo that got fined for keeping a van enabled to transport an elderly woman in the residence. They HOA has fined the family over $1400 and they recently slapped a $5500 lien on their property to force them to pay up. This is typical of every HOA group I have ever lived under. The Boards are usually made up of older people who have nothing better to do than to pry into their neighbors lives and nitpick every little thing to death. I recently applied for a parking permit because I added a roof rack on my truck and it won't fit into the garage. They won't issue me a permit because they said I shouldn't have put the rack on my truck and I should have known better. Excuse me? Last time I checked, I live in America...land of the free/home of the brave. If I want to put a freakin rack on my truck, I should have the right to do it and park outside of my house. Steven Greenhut also has a good post up over at Orange Punch regarding this article. Nazis strike again

5 Comments:

  • At 11:56 PM, Blogger Agent Orange said…

    Allan,

    On or about March 19, 2007 I have submitted the following brief to all member of the Santa an a City council: Mayor Miguel Pulido, Sal Tinajero, David Benavides, Claudia Alvares, Michele Martinez, Carlos Bustomante and Vincent Sarmiento. See HOW EXTORTION AND PREDATORY HOMEOWNER ASSOCIATIONS ARE ATTACKING OUR CITY AND CHILDREN'S EDUCATION

    Based on my submission it appears that only Deputy District Attorney Cloudia Alvares is in the bed with the Community Association Institute ["CAI"] industry extortionists!

    Today based on the above article, I have forwarded it to all members of the Santa Ana Council under the title: "DDA Claudia Alvarez condones HOA terror in Santa Ana" with an amendment stating:

    [Folks, here is another OC Register Article how Hispanics are extorted by Community Association Institute ["CAI"] Industry under protection of DDA and Chair of Santa Ana Public Safety Commission -- Claudia Alvarez -- simply because they are unable to understand complex, cumbersome and ambiguous legal language used by CAI Industry.

    Friendly legal advise from Stan: Council Member Alvarez, please be advised that 2007 BOS race was decided by 8 votes. The 1,200 voters, mainly Hispanics from whom you have helped to extort  in the Woodside Village HOA, will remember you in 2008 ballot box -- however, by repent you can redeem yourself -- it is never too late.

    -Stan]

     
  • At 3:33 PM, Blogger Claudio said…

    Allan,

    Has anyone ever tried suing them and taking it to the Supreme Court. SOme of these HOA rules have to be unconstitutional.

     
  • At 5:01 PM, Blogger Agent Orange said…

    Please let me educate you Claudio, because I am an expert on HOA law.

    HOAs are controlled by governing documents which consist basically of Declaration a.k.a. CC&Rs, Bylaws and Rules and Regulations R&Rs.

    All that glued together by Corporation Code and Civil Code section 1350 to 1379 a.k.a DAVIS-STIRLING
    COMMON INTEREST DEVELOPMENT ACT


    The R&Rs are controlled by
    §1357.110 Requirements for valid rule


    Because the HOA is private corporation the constitution does not apply to HOA. It is socialism as you would enjoy. As soon as you step into common area of the HOA you are not anymore in USA.

    All that together is controlled by powerful Community Association Institute ["CAI"] lobby a front for trial lawyers which makes killing on foreclosures like the one described in the article.

    If you would read my brief above you wold know that there 7 similar foreclosures going on in my association the Woodside Village HOA ["WVHOA"] where 7 Hispanic families will be homeless soon.

    Yes Claudio, it is the Hitler Fiala a Mexican hater who is actually helping Hispanics in the WVHOA.

    To your surprise it is Mexican Communist Claudia Alvares who will not help me and rest of the Mexicans on the council with exception of David and Michele who helped me somewhat.

    So before you go to Supreme Court please massage the council and your friend Correa who is probably the most evil lawmaker against homeowners and in favor of the CAI industry.

    The story in the article alleging that the lien was attached based on parking violation.

    Unless there was nonpayment of the regular dues the HOA cannot levy any lien for a disciplinary measure for failure of a member to comply with the governing instruments.

    [See §1367 Lien for delinquent assessments, (c) Except as indicated in subdivision (b), a monetary penalty imposed by the association as a disciplinary measure for failure of a member to comply with the governing instruments, except for the late payments, may not be characterized nor treated in the governing instruments as an assessment which may become a lien against the member's subdivision interest enforceable by the sale of the interest under Sections 2924, 2924b, and 2924c.]

    Education First Claudio.

    -Stan

     
  • At 5:06 PM, Blogger Allan Bartlett said…

    Easy Stan. I would appreciate it if you could refrain from the name calling on my blog. I'm a pretty easy going fella, but I'd like to keep the dialog a little more civil. I'm not going to censor your comments, but please let's try to have a discussion about the topic at hand, sans the name calling.

     
  • At 6:09 PM, Blogger Agent Orange said…

    OK Allan,

    I do understand your concern however, I do not understand your concept of "name calling" which is used by socialist (if I may use this word) to stigmatize their opposition.

    The Santa Ana Graffiti Wall is true free speech blog run by me where Santa Ana Gangs can express them selfs the way Americanism was meant. If we would have more of such blogs we would not have graffiti problem in Santa Ana.

    If you set aside your prudishness, read it, and you can relay see their problems which can be seen only by free speech.

    If you will fall into this politically correct trap Allan than you are helping the other side to build one gigantic HOA called USA, if I may name call it that, in which case it does not matter who will be your next president.

    It took true republican to call Soviets the Evil Empire.

    -Stan

     

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