Monday, December 11, 2006

What Determines Property Values

SCCA CC&R'S have kept property values down!

What Does and Does Not Determine Property Values

By Therese Daniels

Among the 10 letters I received in eight days last month for assorted alleged violations, are statements like this: “One responsibility is seeing that all residential property is maintained at a level that will not detract from overall property values.” In the SCCA UPDATE that explains the proposed amendments, they talk about wanting to make these changes to keep up property values in the core of Sun City. They want to create architectural rules, reduce rental to 15%, and control landscaping. What is amazing to me is what qualifies the SCCA board to determine property value? What background as landscapers, architects, or realtors do they have to assume they know value? Judging by the tired, sterile, and dated way Sun City Core looks, I would have to say they don’t know the first thing about beauty and property value..

During my past thirty years as a realtor I saw markets rise and fall, interest rates range from as high as 22% and as low as 3.5%. Neighborhoods, communities, and all kinds of properties appreciated or depreciated according to the general market conditions of the times across the nation. The classic real estate definition of value is what a willing seller and a willing buyer agree upon in a reasonable amount of time. New home buyers in HOA communities with abundant CC&R’s think the enforcement of the CC&R’s is what helps keep up their property values. They are convinced by the builders that a well landscaped, neat community is more desirable than a run down community, because no one wants to live in a deteriorating neighborhood. Builders have to convince people this is a good idea. How else can they justify $150 to over $10000 a month homeowner’s dues? Almost everyone believes this is what keeps up property value. While there is wisdom in that concept, it ain’t necessarily so.

“It ain’t necessarily so.” Because, if it were “necessarily so,” the worst-gang-infested, curb-service-drug-and-prostitution-deals-with-constant-gun-fights-neighborhood in Venice, California wouldn’t be selling 955sq. ft. to 1200 sq.ft. from 1920 to 1940’s built tear down houses with weeds, rats, and trash on 3000 sq. ft. to 5000 sq. ft. lots with for $800,000 to over $1,500,000. How do you explain that? Here are properties that give the bird to everything you thought you knew about property value. They are getting prices you could never believe. What fool would pay over $1,000,000 to live in a slum? Brand new 1500 to 3000 sq. ft. houses in Menifee Valley on 7000 to 8000 sq. ft. beautifully landscaped in a conforming community are only selling from $450000 to $650000. Tish, tish! Might there be something know-it-all-people don’t know when it comes to property values? There are lots of homeowners who believe if there are CC&R’s, it will keep all the houses on their block perfectly landscaped and thus keep their property values up. They believe this is a way to “Control” their neighbors. If that were so, then what happens to their values if the market goes sideways? How is it that all the properties under HOA protection depreciated as low as 50% in the 90’s? How are CC&R’s going to protect value if suddenly the lender money dries? What they don’t realize, (they who think they do no wrong) are also being “controlled”. So what if there is an old junker on the block? The reality is: If there is a junky, funky deteriorating property on your block, it will not depreciate the value of your property. Only general market conditions can do that. If your property is the neatest and most beautifully landscaped property on the block and market conditions are hot, you will get the highest and best price for your property in spite of that old funky, junky eye sore property you would love to tear down. If market conditions are poor, you may have to keep your property on the market for a very long time—even though your property may be the most beautiful on the block. If that old funky, junky property ever goes on the market, (hot or cold market) chances are it will sell for below the market to some “fixer/upper” addict. Then it will become gorgeous. I get more requests for “fixer uppers” than for any other type of property on the market.

Please, do not misconstrue my words and take this to mean I am advocating property owners to let property deteriorate. I am not. I am merely pointing out an interesting fact about property value. I love to see well kept properties.

The point of all this, is that market conditions, location, lender money, interest rates, supply and demand, and the amenities of home and community create value. Holding rentals to 15%, harassing residents for CC&R violations does not create value. It creates de value. For most people, purchasing a home is the biggest investment of their lifetime. Investment it is. Most people who buy want to get the benefit of appreciation so they can build equity. They maintain their properties because of pride of ownership. They add upgrades, improve the landscaping, and keep up their properties. They have been doing this since before the revolution. They have been doing this long before there were HOA’s, CC&R’s, and code enforcers. As a matter of fact there is a neighborhood in Sun City between Bradley and the Freeway that was built in 1989. Though there is an HOA, they pay no dues and there are no code enforcers. Everywhere you look, one property seems to be more beautiful than the other. This is an absolutely lovely neighborhood. I keep wondering how all these families have managed to create such a lovely neighborhood without Donald Miller and his war chest of CC&R’s.

When I return to Sun City core from that or other new neighborhoods, I notice how archaic the core properties look. It looks treeless, sterile, boring and tired. When it was built in the mid sixties, it was state of the art. The Web and Presley homes were well designed and even ahead of their time. For their day, they were fabulous. They are still great homes today. During the past 40 years new materials, new energy efficient concepts, new designs, and new living styles have come forward. With the reign of the computer, almost every home has a computer or home office room. Many homes have their own gym space or room. Master bedrooms with their master baths are huge. Some even have sitting rooms with them. Who ever thought of all that in the mid-sixties? Sun City is surrounded with the latest in new homes. Sun City needs to catch up with the times. As the old resident’s transist from one life form to another, the new and younger seniors are moving in. They want the best this world can offer them. Sun City simply needs some upgrading to bring it into the 2005 standards and amenities. New home buyers in the core want to do so. In this very hot climate, Sun City needs plants, shrubs, and trees. It needs about 1000 times more trees, plus shrubs, and bushes to beautify the landscape and help create shade to cool Sun City down. The CC&R’s are 45 years old. Is it any wonder it looks antiquated with CC&R’s that restrains freedom of expression? The long term residents don’t want to do anything really beautiful to their properties because no matter what, there is some CC&R that says they can’t. There’s always some sneaky, vindictive neighbor willing to file a written complaint. There’s always Donald Miller to intimidate them backed by the support of the board who think he is doing a great job. The new buyers come here filled with enthusiasm and plan to bring these old houses up to date. Then they discover the hidden monsters, the SCCA Board. Not being able to build your “castle” because of some archaic CC&R’s is crushing to people. This is a pitiful way for people to have to live in this twenty first century during their golden years. This is oppression. The reason for all this is the ignorance of the SCCA Board about what determines property value. They simply assume the CC&R’s they have been brow beating residents over were Gospel. They are not interested in property beautification and improvements, they are only interested in forcing people to conform to out dated, ridicules standards that no longer apply to today’s modern life style. Now they want to set themselves up as architectural censors of esthetics. The board of SCCA has a whole lot of information to gather before it knows or can determine property value or esthetics. Property value is not determined by CC&R’s. Just drop the age limit—which is governed by CC&R’s—to 45 and watch property values soar!

Monday, September 18, 2006

Therese Daniels' Personal Statement

After 20 years S.C. has a new Board
The old guard is defeated. Hurrah! The hope of over throwing tyranny is alive!

And the beginning to the end of tyranny has begun--as of 9/18/06 Donald Miller has been terminated. (he was only on SCCA pay for about 8 or 9 years)

Therese Daniels

It's been two years since I began my protest against SCCA Our work is just beginning.

Until I moved to Sun city, I had lived almost my entire life in non-deed restricted communities in Los Angeles area. During those years I practiced real estate, studied art, participated in community activities and debated philosophy. As a realtor I learned the importance of the right to govern our own property. No neighbor had the right to impose his values upon another neighbor's property. I learned what truly determines property value and what does not. I developed an appreciation and the sacredness of our Constitutional Rights. As time passed my respect for the genius of the men who wrote The Constitution of the United States increased. Personal freedom, all human beings are equal regardless of race color or creed, the right to earn a living, ethical and humane action in dealing with all were among the high standards I believed were practiced by the American majority.

I do and have always believed in the ultimate goodness of human beings. I believed every person I met is doing the best he/she can with what he's got at any given time. Free speech was welcomed. In the heat of conflict, sheds the light of truth. I believed society was interested in the highest and best good for itself and always prefer honesty and dignity over corruption and tyranny. Integrity and human compassion had become the rule to live by. In my ignorant belief society was becoming sensitive toward each other. Society had finally reached an age of enlightenment--so I thought. That sums up my idealism when I arrived in Sun City to help my mother in 1998.

I soon learned living in Sun City was like returning to the dark ages. Bigotry, ignorance, malevolence, fear and a contempt for the Constitution have been the rule in the Sun City Core for the past twenty five years. This attitude seems to spread in the rest of Riverside County as I have found it on many levels and is still prevailing today. What was even more appalling to me, is the persistence by S.C. residents to cling to their ignorance as if it were gold. The corruption, capriciousness, and ignorance of SCCA is flagrant. The absolute proof of this statement was the disgusting ballot SCCA mailed July 2005 to every member asking them for carte blanche right to sell our properties any way they saw fit, attempting to restrict rentals, approve of trespassing upon our properties, and asking the members to vote away any Constitutional Rights they had left living in a deed restricted community.

The SCCA Board that wrote, spent money on producing and mailing this document were so jaded they didn't even realize how bad it made them look or care how harmful it was to the members. It was as if America had gone back to the Dark Ages. It was as if none of them knew why there was an American Revolution. I no longer had the luxury of ignoring management. I knew I would have to SHOUT! I know I have to continue shouting. It was one of the most painful and agonizing decisions I had to make in a very long time. SCCA has a lot of friends who have supported them for over twenty years. I knew if I dared speak, I would be hated, ridiculed, maligned, punished and lose business as a realtor.

Never the less, I did make a difference. S.C. will be a slightly better place to live this year. Last July 2005, the same seven people who had been on SCCA Board for over twenty years were still on SCCA Board. The same SCCA salaried manager had been at her job for over eight years. SCCA had issued a "Special Election Ballot" and they were attempting to complete a deal with the Hopkins Development Company to sell Corbett Park below market value. This July 2006, there is now a brand new SCCA Board. That horrible ballot was withdrawn and to date has not come back to haunt us. Corbett Park has not been sold for under market value or any other value at this time. Christine McReynolds is no longer yeilding her heavy handed management. Though I did not accomplish this single handedly, I know I was the first to become public with my one woman protest through Mediacom, the newsletter Shout and this web site! My single effort gave upliftment, help, and courage to others who also carried the ball and are now serving as the new Board. In their own way, many others also worked for social betterment. I am glad for all of them. I am glad I shouted!

Be Noble My Friend,
For the nobleness that lies in others,
Often dormant
Will rise to meet thine own!

What is the cause for this dark ages attitude asked by me thousands of times since I have encountered it? What dark side of human nature have I unwittingly unveiled? Sun City residents are not "bad" people. Listening to them support the stupidity of SCCA, I could see they sincerely believe the people on the Board were good and capable people. I could see their conflict of being loyal or acknowledging negative facts about SCCA was painful. As I listened, I began to perceive some of the causes of this problem are ignorance based upon misinformation, insufficeint communication, and a belief system based upon lies and half truths. How did they become this way?

It began with developers building deed restricted communities. In order to sell their product they had to convince people to buy into their communities was a good idea because it would keep up property values by enforcing CC&R's and people need management and control. This was the beginning of erroneous concepts that years later people accepted unchallenged as Gospel. What good, sane person doesn't want to keep up the value of his investment? The idea was then perpetuated by the SCCA Board to justify its existence. For the past forty plus years the only communication SCCA members have had about SCCA was the Core Courier--a biased, convoluted, and misinformed publication that the unsuspecting members accepted as God's word.

SCCA has had a captive audience for almost forty years misrepresenting the facts and convincing members that the majority of members use and care about the "campus and its facilities", 55+ status in Sun City Core is what members want, the CC&R's keep up property values, and you can't reside here successfully with out their management. Until I started publishing Shout and this web site, the members never have had the benefit of getting of an opposing point of view. No one ever attempted to tell them fact from fiction. Is it any surprise that forty years later the members are ignorant. They have been deliberately misinformed and kept ignorant of the real facts. The members (not all) believe SCCA Board and management could do no wrong. At least 75% of the Core's residents have lived here since the mid 60's and early 70's. It is carved in their granite skulls the Core needs management, enforcement of CC&R's is what keep up property values, and the dues they pay are a bargain. A large percentage of members are simply apathetic. What is even worse, a large number of members are afraid of retaliation if they speak out. So I thought if I spoke out for them, it would give others the courage to speak out, too.

It did. That is why the old Board was defeated in 2006. Sadly, it also made many good but pitifully misinformed people turn against me. They simply refuse to hear the message and want to kill the messenger! They would prefer to believe the very corrupt SCCA who has its hands in their pockets and legal control over their lives.

Look at the facts
I do not have my hands in member's pockets, do not have nor want the power to control anyone, build a bullet proof wall in the office, encourage members to spy and tell on one another with the promise of anonymity, try to sell common property below market, didn't write one amendment, CC&R or deal to take away more rights from members. All of that and more was done by the 20+year old SCCA Board. All I have done is expose the wrong doings of SCCA for a better life in this community. Yet, they hate me and love their oppressors! People in their ignorance never cease to amaze me! It seems to me many members don't want to be bothered with legality or morality. They simply want to maintain the "status quo" of their little clicks, "good ole boy's club", and right or wrong buddy system The wall of ignorance here is greater than the wall of China! We pay a price for the ignorance of SCCA devotees.

Because of their ignorance, the quality of your and my life is diminished.
Ignorance is the only enemy the universe has.

Ignorance must be defeated right here and now! There is absolutely no need for a civic association to run the Core. The highest and best choice for S.C. Core residents is to dissolve the SCCA and operate under County Government. I hope there are enough enlighted members who will join me in this endeavor.


Be Informed!!! Hold your legislator accountable!

Tuesday, September 5, 2006

Lawyer Liabilities of HOAs • Appellate Judges Reverse Case

NEWS TODAY: September 6, 2006

The news summaries provide links to the full text of the story. You can add your comments and ideas to each of these stories by clicking on the story link, and clicking "Comments" at the end of each story.

THE 'L' WORD [An Editorial]
Exorbitant lawyer fees and HOA "L"aden "L"iabilities can quickly erode your home equity, and any sense of "home sweet home"

Sep 5, 2006 by Ann Roth

The HOA "L"awyers can garner control of insecure homeowner boards, making them feel important, and leading them to believe that they must act in a certain way or else, they will be "L"iable. This faux fear they put upon the individual board members helps to "L"ine the lawyer's pockets. Research an HOA lawyer/law firm's history of "L"itigation and "L"egislation and carefully analyze whether it is homeowner friendly or corporation friendly. Find out if your HOA lawyer/law firm is affiliated with any HOA related vendor or "L"obby groups like the CAI, CACM, or ECHO. IF at all feasible - selling and getting out of a neighbor controlled corporate fiefdom "counseled" by litigation lovin' lawyers, is probably the safer investment decision in terms of risk assessment. Exorbitant lawyer fees coupled with HOA "L"aden "L"iabilities can quickly erode your equity, and any sense of "home sweet home" you thought you were buying into.

Friday, September 1, 2006

10 Reasons to dissolve SCCA

We are always looking for help. Volunteers are needed to help distribute the news letter SHOUT and to man the tables when the recall petition is set up at the shopping center.

How to Help

Send any donation you can. Volunteer in any way you can. Write your own story of frustration or abuse and permit us to publish it on the web site. Tell your neighbors. Vote no on the amendments. Sign the recall petition.

10 Good reasons to totally dissolve SCCA

1. Malfeasance - failing its fiduciary duty to the members, to comply with its own bylaws, failing to provide accurate and detailed financial reports, . .
2. Incompetence - The special election ballot was so poorly written they had to cancel it, they bungled the sale of SCCA property to EMWD and Corbett Park, . . .
3. Dishonesty - They lied about lenders balking at loans due to above 15% rentals, that disclosure of salaries is priveleged information, and other issues. Can you believe anything they say?
4. Ignorance - They are not qualified to determine property values, set architectrual standards, nor create new CC&R's. . .
5. Irresponsibility - Spending membership monies on inefficiently written ballots and canceling it, frivolous law suits, sending letters over trivia...
6. Mean Spiritidness -persisting in harassing members in the face of facts, logic, and reason, refusing to concede, abusing and intimidating....
7. Abuse of Power - using the silent threat of non judicial foreclosure upon residents growing California poppies and other piddling items. . .
8. Obsolescence - Due to 45 year old CC&R's Sun City is designated a blighted area-....
9. Arrogance - refusing to be accountable for its actions to the members, treating members as children, stupid, or criminals....
10. No Value in return for dues we pay -- what have we got to show for our yearly dues?

Friday, August 18, 2006

The most sacred status in life is the quiet enjoyment of your own home.

Action of second Continental Congress

July 4, 1776

"When in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. . ."

Excerpts from the Preamble of the Bill of Rights

"Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppresion, that human rights should be protected by the rule of law, Whereas it is essential to promote the development of friendly relations between. . .

No one shall be subjected to arbitrary interferences with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interferences. . ."

Yellow house

The Greatest Legal Can of Worms Today--HOA's and their relatives

There are over 50,000,000 Americans living in HOA communites across the nation. Except for a handful of HOA communities, there is a constant war between members and their board of directors. HOA's, and their relatives ("CID's", "MPC's", etc.) are being defined and redfined every day. Every state is experiencing one kind or another amendment, bill, law, or definition regarding the rules of HOA's to govern its members. Most HOA's are simply too restrictive and invasive. They serve no real purpose other than to be self perpetuating at the expense of the American home owner. HOA's under corporate law have created a monumental legal can of worms in this country today. Nothing in mans' history has prepared the world for the legal conflicts that center around the laws of HOA's. AHRC is a web site that will keep you updated with the latest bills, legislature, and conlicts on the subject. It is a huge site with overwhelming abundance of information. Viewing this site is a must if you want to be informed about them.

There is nothing in America more sacred than the right of home owneship and the bundle of rights that are supposed to go with it. HOA's with their war chest of petty CC&R's and their unspoken but very real power of non judicial foreclosure have violated the most sacred of all American rights--the right to quiet enjoyment of one's own home. A man's home is his castle. Home is the sanctuary of the family. Home is where you can hang your head. There's no place like home. Home is the nest for a growing family. Home is family security and investment. Home is protection. Home is where the heart is. Home, sweet home! No HOA with its arsenal of CC&R's under the corporate legal umbrella should ever come between a family and its home in America or any where else. Home ownership is the foundation of this country. Home ownership is truly American.

AB 770 - the Gene Mullin California Law Revison Commission Fraud
NEWS TODAY: August 19, 2006

Tell your legislator and your governor to stop AB 770 by California Assemblymember Gene Mullin. For more see: No On AB 770 - A Conspiracy To Defraud California Homeowners

AB 770: A Conspiracy To Defraud California Homeowners [An Editorial]
Organizers of this conspiracy should be investigated
Aug 18, 2006 by AHRC News Services
Instead of genuine enforcement, lawmaker Gene Mullin, the Chair of the California Assembly Housing Committee, like many other chairs before him, is pushing another phony bill through the legislature that taxes homeowners, creates lucrative work for the lawyers and provides no benefits or law enforcement for the owner. Homeowners should demand that their lawmakers stop this bill. In addition, they should demand an investigation of all the lawyers, lawmakers, consultants and lobbyists who participated in the AB 770 conspiracy and used government offices and funds in order to defraud the public.
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California's AB770 & the CID Ombudsman [An Editorial]
Without enforcement, just more Smoke & Mirrors
Aug 19, 2006 by George K. Staropoli
What is the purpose of the CID Ombudsman proposed in AB770? From the wording of the bill, it would be another clerical, paper-shuffling bureaucratic function. Isn't CLRC supposed to be doing research on shortcomings of existing laws? After 40 years of homeowner oppression and abuse, AB770 wants the Ombudsman to now determine just what are the problems? In short, it would merely be a complaint desk to take the heat away from the legislators who continually refuse to sponsor CID reform bills of substance.
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California Law Revision Commission exceeding its Legislative Mandate? [An Article]
There are restrictions on CLRC legislative advocacy of bills
Aug 19, 2006 by George K. Staropoli
From the enabling statute, it appears that CLRC is indeed exceding its authority. It is limited to filing annual reports and making recommendations, and may only appear before a committee if requested by the committee. § 8293 requires CLRC to report on the topics and progress of its studies, the topics which have been given to it by the Legislature for study. CIDs is an approved topic.
Tell the legislature: We're Tired of the Drain on our Bank Accounts!

Aug 18, 2006 by Donie Vanitzian

Tell the legislature to stop AB 770 by Assemblymember Gene Mullin. We're Tired of the Drain on our Bank Accounts! Mullin and his aider and abettor legislator buddies are trying to ram this damn ombudsman down our throat. They make it sound innocuous, simple, and necessary, but the office and the bill itself is anything but simple, and it certainly is NOT free. PLEASE read my article NO! NO! NO! on this bill. KILL THIS BILL BEFORE IT KILLS US! Keep your money, don't give it to the state and don't give it to the homeowner association. It's time we stood up for our bank accounts and stopped the drain. It is critical for owners to write and tell the legislature WE DON'T WANT THIS BOGUS BILL AND WE DON'T WANT AN OMBUDSMAN.
NO! NO! NO! ON AB770 [An Article]
AB770 is SB551 in drag masquerading as CAI's full employment act
Jul 3, 2006 by Donie Vanitzian
DEED-RESTRICTED TITLES ARE INFERIOR TO ALL OTHER TITLES The message is clear: Do not buy a condominium, townhouse, co-operative, mobile home, or single-family dwelling if it is located in a common interest development, has a homeowners association, and a board of directors. Don't do it. If you have a deed-restriction on your title, sell and get the hell out while you are able. That is, before this legislature passes more bad bills and you are stuck paying for their mistakes and it becomes impossible to extricate yourself from this type of property ownership. If the legislators are serious about giving owners a bill of rights, they need not look far. By supporting bad bills, owners are asking for "Folsom Prison CC&Rs." As with much of the bad bills we are witnessing making it to the California Assembly and Senate floors, AB770 is inconsistent with good government.
America's Worst Enemies
Mar 10, 2006 by Robert Bagely
The U.S. National Debt Clock by Ed Hall publisher of of shows, moment by moment, how much debt is owed by the United States.
America is under attack from many sources, but the most dangerous and insidious is one that lies within, because the people have entrusted their well-being to that source - the political, business and judicial power structure that governs this country. There are a few exceptions, of course, but by and large, this power structure has done more damage to this country than any other enemy - and they continue to do damage at an unprecedented rate. It is these people who have saddled the people of America with the most staggering debt in history - almost $8.2 trillion dollars - and the president wants to raise the debt ceiling even further. The current president has heaped more debt on us than all other presidents combined. He will eventually ride off into the sunset to his ranch, but we will have to pay the bill. Another example is a piece of legislation introduced into the California legislature recently, which shows the confluence of power structure members - legislators and lobbyists - that will extract even more money from homeowners and put it in the pockets of lobbyists. The twin "California Homeowner Association Ombudsman" AB 770 by Gene Mullin (D) and SB 551 by Alan Lowenthal (D) is another example of how homeowners are used as so much fodder for the self-agrandizment of the power structure members. Legislators, in effect, have become the employees of the lobbyists. "Campaign contributions" are in reality wages paid to legislators.
Forcing California Homeowners To Continue Bankrolling A Fraud And State-Sponsored Industry Infomercials [A Letter]
An Opposition to AB 770 - Assemblymember George Mullin's bill to create a Homeowner Association Ombudsman
Dec 9, 2005 by Donie Vanitzian

While you are busy creating yet another government department, the prior governor and ex-lawmaker Gray Davis, and prior judge, industry lobbyist and ex-lawmaker Larry Stirling, who together started the reviled Davis-Stirling Act are both silent on the mess they created for homeowners. Gee, what a surprise! Homeowners meanwhile continue to bankroll the fraud, and State-Sponsored industry Infomercials.
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Homeowners Oppose the Bill
Apr 8, 2005 by AHRC News Services
The following is a letter of opposition to AB 770 (Mullin) that AHRC sent to Assemblyman Gene Mullin and the California lawmakers: Homeowners cannot support an anemic bill. They have endured too much and been patient too long to settle for what they regard as largely a meaningless gesture. Homeowners believe that the industry should be confronted once and for all. Genuine politics involves the use of power to settle problems. Flawed politics allows special interest groups to dominate the day. Sooner or later, the problems of homeowner associations need to be addressed. Homeowners ask "Why not now?"
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Two lawmakers push twin bills to tax homeowners in California homeowner associations [An Article]
SB 551 and AB 770 will tax homeowners to provide government education but not enforcement of homeowner association laws
Apr 8, 2005 by AHRC News Services
On February 29, 2005 Senator Lowenthal and Assemblyman Mullin introduced two placeholder (spot) bills SB 551 (Lowenthal ) and AB 770 (Mullin ) On March 29, and 31st, 2005 both bills were amended at the request of the California Law Revision Commission into two twin bills that will create a new tax on the 7,000,000 Californians who live in homeowner associations.
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Tuesday, July 11, 2006

Latest News in Menifee Valley

From now on this section is going to deal with events that cover other issues in Sun City/Menifee Valley

Sadly, there is a spirit of lawlessness in Riverside County from the average residents, to business people, to residents in HOA's, to Chambers to the judicial systems & judges, and so on, & on & on. Because of this many, many people get used, abused and harmed in countless ways. Often it is met with apathy by those who didn't get hurt at that time and fail to recognize how vulnerable they are if they persist supporting unethical people. There seems to be neither concern nor protection from the blatant "giving the bird " to our integrity and laws by the large amount of unscrupulous characters who want power over you and me. Therefore, I feel if they want to behave recklessly than they should be exposed. Exposed not to obtain revenge but exposed so other unsuspecting innocent people don't get hurt. After all, what walks like a duck, talks like a duck, looks like a duck may be a rattle snake. How will they be recognized if not exposed.

Cityhood, Chambers, HOA's, SCCA

Good & Bad Guys

SCCA Thugs continue their harassment in 2006

The 2006 harassment by SCCA has already begun. It has started with their over zealous efforts in demanding residents show proof of age to comply with "Federal Guide lines" to maintain their dubious 55+ status. They not only want every resident's proof of age but they want every resident's visitor's proof of age. If you advise Christine McReynold's that you have a visitor and not a resident, she will indirectly call you a liar and "pass it on to Donald Miller to have him confirm it." Then they will send one of the SCCA thugs to harass a resident threatening to call the police if the person has the temerity to tell them to get lost. Do you really believe Federal Guide Lines expect any HOA to use that much diligence in confirming the age of residents and their visitors? After all, they are "Guide Lines" and not order or directives. Isn't it comforting that they treat us as if we are all liars and criminals. We who are no more than senior citizens trying to live our golden years in peace and happiness. (See letter from me to Paul Morrisey 2/21/06 in the abuse stories continued section.)

Christine McReynolds,has been terminated. "
The new board did their job with Christine. The next on the list to be terminated is Donald Miller, the law firm and the rest of the rude & ignorant group. At last, Donald Miller has been fired. That leaves on Epsten, Grinnel, and Howell to scratch off the tyrant's list.
The Paul Morrisey group have assumed their new positions--but Donald Miller is still harassing us while getting paid with funds stolen from the residents.

Does this Group (The Old Guard) Condone Senior Abuse?

There is an ignorant group who is trying to recall the new SCCA Board because they fired Christine McReynolds. They are the same people in the same 20-year-old clique who have been running Sun City. They are old, tired, and very self righteous. Their psychology is a curiosity to me. The facts, track record, and first witness accounts of SCCA's past abusive, horrendous management under Christine McReynolds have been more than substantiated by this membership. Does this group believe these abuses against seniors did not occur or does this group approve of the abusive practices? Or does it just don't care ? Either way members should quake in their socks with the knowledge there are so many mean spirited people in SCCA membership who would want a return of the evil we just terminated.

The other issue I have with this group is they are dishonest. They put out fliers claiming to be an SCCA committee leading unsuspecting members to think they are part of SCCA management. They are not. Except for a couple of names that have come forward, they work mostly in the closet, sneaky and underhanded. Are these the kind of people we would want to have any authority or control over us? They have been jaded for so long they have lost their ability to recognize right from wrong.

By the way this recall group is made up of the same 10% of SCCA membership who have been the "good ole boys' club" who have used the facilities, played cards, and generally "hung" together keeping the same obnoxious seven people on the board for the past 20 years. Is it any surprise they are filled with sour grapes and want a return of their "power". These are the same turkeys who have been enjoying SCCA facilities to the exclusion of the 90% have been paying dues to support. They don't want to lose their cash cow and have to pay for SCCA facilities themselves.

Sun City is designated a blighted area by the County!

New board or not, the only hope for Sun City to rid itself of this tyranny is to totally dissolve SCCA.

Just because there is now a"new board' doesn't absolve the malfeasance and crimes committed by the old board against the SCCA members. They still must be held accountable if Sun City is to heal and grow healthy.

Bullet Proof Lucite Wall

The bullet proof wall is the silent testimony to very bad management. It symbolizes to Sun City Core Residents what The Berlin Wall symbolized to the world. What is wrong with this picture?

What about that $26,000-light-the-lawn-bowling-green-fiasco?

"Stupid is what stupid does." Forrest Gump

Ex-Governor Gray Davis, your work is not yet done

Please correct the errors of the Davis Stirling Act

July 11, 2006

By Melvyn Klein
Los Angeles, California -


Dear ex-Governor Gray Davis:

What prompts this letter is the article written about you in the Los Angeles Times last week. You are quoted as saying that you are proud of your public service, and you believe that overall, your contribution was a positive one. I do not doubt that you feel that way, and moreover, I believe your underlying motivation was to do good.

But there is still more you can do, that rightly falls to you to do. It has to do with legislation to which your name is attached: the Davis Stirling act.

The conditions in Community Interest Developments, Condos and Coops, are incredibly scandalous. These are literally criminal enterprises in some cases, and yet there is little reasonable recourse open to homeowners. Lawsuits are forbiddingly expensive, particularly when the opposing party, the Board and management, is spending your money to defend themselves.

Associated with these conditions is an environment of corruption extending to accountants, auditors, attorneys, contractors, and even government and law enforcement. I think that there is in this a very real danger to society at large.

There are two fundamental problems that need to be addressed:

First, there is no mechanism to enforce laws governing Common Interest Developmentss.

Second, because elections are controlled by the Boards and Management of the Associations, it can be nearly impossible to remove an abusive Board, and, in fact, the worse they are, the more contemptuous of the law they happen to be, the harder it can be to remove them.

Laws have to be changed to correct this, and good ideas to accomplish this are not hard to devise.

Some complaints could be handled in Small Claims Court, with enforcement authority. There could be legislation that would place the conduct of Board elections in the hands of independent third parties when conditions warranted.

Yet any and all efforts to achieve this are met with lobbying by attorneys and homeowner association managers, who benefit from the chaotic situation, and the legal work it brings about.

Because Davis Stirling is an element of your legacy, it would be very fitting and proper if you became involved once again to make things right. Your work is not yet done.


Melvyn Klein
Santa Monica, California 90402

Thursday, June 1, 2006

Neighbor vs. Neighbor

My neighbor from hell!!

Oh my! Carl Fuess has discovered he is on my web site and doesn't like it. He is livid because he is being exposed for what he is. I stated he built that albatross fence six inches inside the property line without consideration for his neighbor's feelings about the material he chose. He was denying he did that when in saw me in court May 8, 2006. He denied it in front of Don, the mediator. If you look at the picture below, it plainly shows a large gap between the edge of my block wall and the edge of his superflous, useless solid plastic wall. It doesn't take a genius to see this is a spite wall. If you were to measure that distance it comes to six inches. Carl Fuess thinks because he says it, no matter how many facts to the contrary--you must believe him.

Maybe now he might begin to know what it feels like for me to see that hideous white plastic wall he persisted in building in spite of all my begging and pleading with him to not build the fence. He didn't care one iota for my feelings and the harm he did to my life stlye and property value when he built that fence. "Hurray for me and the heck with you. I have a legal right to build it, so tough luck lady," was his attitude. Now, why should I care how he feels about his being on my web site? For two years Carl and his grinning wife have gone to extremes in an attempt to demean, ridicule, harass and make me look like a mentally unstable person because I was trying to protect my life style and property value. If people are going to act this way, then others will tell about them. The web is a good way. Just as Megan's law allows sexual offenders to be identified, I feel nasty, mean spirited people should be exposed so unsuspecting decent people can protect themslves from these predators. The harm mean people are willing to do to others can be just as serious as any other harm inflicted by other crimes.
This is my home where I hang my heart and soul. I live on my property. I planned to live here until death do me part. I wrote the Fuess' a letter called "A search for sanity" telling them that. They tried to use the letter against me in attempting to obtain a TRO. Carl & Linda do not live on the property next door to me. They never intended to. They do not even live in Sun City. They are speculating carpet baggers. Why on earth do they think they can step all over my life, my feelings and expect me to turn the other cheek and show them good will? Have they no decency? That's like Ted Bundy expecting the families of his victims to invite him home to dinner.

Yes beauty is in the eye of the beholder. All the people who tell Carl Fuess they like that fence either do not have to live within dailysight of it or are agents hoping to make a commission from the sale. I know he thinks that is a beautiful fence. People have a right to their taste. However, there is a big difference between McDonalds and dinner at the Royal Hawaain. Plastic symbolizes the cheapest material on the planet. What does a passion for plastic tell educated people about the Fuess'. There are lots of gorgeous building materials available today to make an eternal wall of beauty. Why didn't they choose something lovely? I have to see that over bearing monstrocity every day, and in my eyes it not only is glaringly ugly, it symbolizes the Fuess' total inconsideration of their neighbors. Have Carl and Linda ever imagined how pleasant life could have been for them had they been considerate and not forced the issue by building that fence?

The reality is that fence is an albatross around his neck. Many, many people have told me how ugly they think it is. 26038 Ridgemoor has been on the market for over two years! If that fence were so wonderful don't you think someone would have bought his property by now? If he truly wants to sell his property, why doesn't he take down the albatross fence and see how fast it will sell? Carl, knowing full well that the fence problem will still exist and the new family will have problems with the next door lady who is offended by that fence, is simply refusing to be accountable and passing the buck. He created the problem. He didn't have to build that fence. The two properties were separated by a two foot slump wall for over forty years and life was peaceful between neighbors. But the Fuess' know better than anyone else and consider their opinions the only ones to be valid. In the face of knowing there would be nothing but bad will from their neighbor, still built that spite wall. Now he wants to stick another innocent person with the problem.
Perhaps the question should be asked--which is more important to Fuess? Selling his property and moving on with his life or insisting upon keeping his spite wall and attempting to harm me. I think Carl Fuess would prefer to keep the fence than to sell the property.

The agents and the seller have a DRE disclosure problem. They must fully disclose to any potential buyer about the sellers neighbor problem. If that fence is still standing when escrow closes, the fence problem with the neighbor will continue. What buyer in his right mind is going to purchase a property with a built in war with his neighbor over a fence.

Carl and Linda love to tell the story to any one who will patronize them that they decided to put the property on the market because of me, their neighbor from hell. They claim they are afraid to use it as a rental because of me. Wow! What power I have according to the Fuess'. Does anybody really believe that? They paid $200,000 cash and closed escrow the middle of June 2004. They did a little work in fixing it up. (The previous owner also put a lot of fix up work into the property.) By November 2004, they placed the property on the market for $319,000. They weren't at all greedy now, were they? They were only hoping to enjoy about a $100,000 profit for little work five and one half months after escrow closed. They used a broker from Palm Springs! Nice work if you can get it! Of course, it never sold. The real reason they put it on the market they claim is because of the "evil, mentally unstable Therese Daniels." They were afraid; "she might do something crazy." After all, I wrote them a "strange and rambling letter" telling them it takes "two years" before this matter could be resolved. It's now over two years and we are still fighting inand out of court! If actions speak louder than words, it appears to me Carl would rather fight me tooth and nail than resolve issues with me and move on with his life. Nothing demonstrates the density of this man more than his continued obstinancy in refusing to concede with me. To date my rough estimate of the cost of his self indulgent luxury of building his spite fence is at least $25,000 he will never retrieve. That is the price of neighbor bad will for which Carl has no value. If he had left the property as it was originally built by Del Web, it would have cost him nothing and he would have had abundant good will. He had a chance to enjoy good will with me, but didn't value that. Stupid is what stupid does.

Plastic, (Pardon me, PVC) is becoming the building material of the day. No matter how popular it may become, it is still plastic. The window casings and door frames are plastic. Of course, I forgot to mention the Mickey Mouse fake garage he built at our expense with more plastic fence. One good rain and everything a family has stored in it will be soaked! The latest items they added in an attempt to seduce a potential buyer is lace curtains in the house and tab curtains to the outside patio only on my side. Carl Fuess will go to any degree (but remove the fence) to try to pass his fence problem onto someone else. He would rather try to camaflouge to a potential buyer his ugly neighbor problem than resolve it. They are obstinate about resolving issues with me; the Fuess' don't care how much another innocent family may be hurt as a result of the problems Carl Fuess created with his neighbor. He is looking to "stick it to someone else". This is another example of Carl Fuess' "hurray for me, and the heck with you attitude" towards people. This is a classic revelation into the psychology of my neighbors from hell. I have it on good authority I am not the only person with whom Carl is in conlict. I am told he is hated by many, many people in this area because of his constant attempt to control and harm others. Fuess' are not even decent enough to attempt to sell that property free and clear of any bad energy and neighbor problem. If they were really honest and decent people--which they are not--they would remove that momument to plastic , make peace with their neighbor and let a buyer who plans to live there decide if he/she want a fence. That way this would give the buyer an opportunity to begin on a good foot with the neighbors and possibly --if the buyer felt in need of a fence--could work out a mutually agreeable fence that would promote and continue good will.

(Good will has no value to the Fuess')
When I wrote my letter two years ago "A search for Sanity", I discovered the Fuess' are not sane. Sane people would not have insisted in building that plastic wall. Sane people would not have looked for every way they could to harass me, and impune me. Sane people would have acted rationally and attempted to resolve issues with their neighbor rather than create them. I had several sane people read the letter prior to my sending it. They all said they would not put up a fence after recieving a letter like that. Not old knucklehead Carl Fuess-- He is so hard headed he would rather keep the fence, leave the property vacant for years in hopes of finding a buyer stupid enough to buy his created war.

Convoluted minds and attitude of Carl & Linda Fuess--
Examples of how Carl Fuess twists the truth to harm me or others who dare to stand up to them:

Example # 1
They are masters at making the innocent look guilty. Armed with intimidation, manipulation, convolution of the truth and bald faced lies, they have run their lives by stepping upon, over, and around all decency. Woe to anyone who dares to stand up to them armed with only honesty. Woe to any other innocent people who have the temerity to disagree with them. Carl Fuess and his faithful side kick will mow them down over a conflict of one drop of water. There is no law against people being that way. Neither is there a law against exposing them. Carl Fuess screamed in court on June 28, 2006 that my statements about them are slanderous. To slander someone means to lie about him. Let him show me one lie in this entire statement.

It is interesting to me that people who spend a life time of getting their way by stepping all over other people want to keep it a secret. They hide behind the facade of of ordinary,, good church going, caring, responsible citizens. They are truly perfect examples of predator type personalities who lurk disguised as "good people."

Example #2
He shouted in court I tried to extort from him $250,000. "Extort" is a strong word. It suggests a person was acting illegally, immorally, and malevolently. He implies his wife and himself to be victims. What he failed to acknowledge was the damage he has caused me, the quality of my emotional and professional life, as well as depreciate the value of my property has cost me way more than $250,000. He has robbed me of the quiet enjoyment of my home, my peace of mind, and time taken away from working at real estate dealing with all the compliants he made against me. What he didn't say is my request to settle so as to avoid an expensive law suit was legally done through an attorney. If the Fuess's were honorable people they would have told the whole truth instead of convoluting the facts. The only good solutions are win/win. Their only approach is win/lose with malice to their adversary. Good will is of no value to them. Their reaction to my letter "A Search for Sanity" proves that.

Example #3
When an unresolvable conflict arises between people in society the only choice left for sane people to resovle the issues is America's judicial system. The fence they built causes me so much grief and antagonism along with all the other harassment they have done to me, I explained in my "Search for Sanity" letter, I had no choice but to take them to court. (After all, this is not the old west where you can have a shoot out at the O.K. corral.) The American judicial system provides a legal system in which--hopefully--issues can be decided in a sane and rational manner. This is every American citizen's legal right . This major fact is what the Fuess's omit when they cry victim about my asking for punitive damages. The Fuess' totally ignore that fact. Unfortunetly for those seeking solutions through the Superior court system, the courts are backed up at least two years before anyone can get to trial. Ask any lawyer how long it take to get to court. So when I told the Fuess's how long our legal battle might take in the courts I was telling them a fact. They tried to convolute that statement into a threat. Then they acted as if my mentioning court as a last choice that I had done something illegal. They have absolutely no regard for other people's rights. If they did, they would not have acted as if I had committed a crime because I told them how long it takes to get into court. I was attempting to appeal to their sanity in begging them to not build that fence. There are many ways to resolve problems without going to extremes. I was trying to get them to maintain good will. It costs over $20,000 to initiate a law suit against someone. I was hoping to save the money by trying Small Claims Court in which I have no confidence. Of course, as usual, Small claims court, was a waste of time.

Example #4

Carl Fuess wants people to think the building of that "spite wall" was necessary to protect themselves from a difficult neighbor. From 1998 to the present there have been four separate families who resided next door. There was never a reason for a fence between us. Except for Roger Oster the last owner prior to Fuess, I enjoyed the most pleasant relationships with all. Why not with the Fuess'?
The "necessary fence" Fuess built fails to provide privacy since the the slump wall that borders the golf course is only two feet high and any one from the golf course has complete view and direct access to the yard. All I have to do to observe anything in their yard is walk 8 ' from my back door and glance over the fence. Who is he kidding? What Carl unwittingly has done with his stupid fence is made it a silent red flag to any potential buyer he has a neighbor problem? As I asked many times already, what family wants to buy into a neighbor vs. neighbor problem. Senior buyers want to be assured of peace and tranquility where they live.

Example #5
The Fuess's claim they are unprovoked innocent victims of a "mentally unstable crazy lady" who is just plain picking on them because she doesn't like the fence that is their right to build. Yet, it is on record Carl Fuess went to the Riverside County building department to report me to them about a non bearing wall that was removed from the inside of my home between a laundry room and a storage room. Since I have never invited either of them into my home nor on my property, how did he know about a missing wall in my home?
1. Did he tresspass upon my property and peek into my home?
2. Did he peer into my windows from his side of the yard or from the golf course. If so he was a "peeping Carl". People are not allowed to be spying into the homes of their neighbors.

Since this is inside my home, what business was it of his? How did that affect anything in his personal life style the way his ugly plastic wall has diminished the beauty of my yard and life style? What could have been his purpose in reporting it , other to cause me and my family harm. Is this the act of innocent people who mean me no harm? He had to go out of his way to do that. Carl Fuess is not only a liar, he is a sneak.

Example #6
Last year we bought some storage cabinets for our garage that had to be assembled. In order to do so, we moved several items from our garage to the driveway. Carl Fuess immediately began taking pictures. Then he went to Donald Miller of the codes compliances department of SCCA to file a complaint we were having too many garage sales. Was that the action of a man who meant us no harm? As a matter of fact, there are over 10 false complaints in writing filed at the SCCA office he made against us .

Example #7

He is so dumb he takes the word as law of the broker who failed to honor DRE law and disclose to him that the seller had problems with the lady next door. Had Bruce Garver disclosed to Carl and Linda Fuess before they made their offer to purchase (as he was supposed to do under DRE law) what he wrote in his declaration about me and Roger Oster, would Carl Fuess had purchased the property? The real wrong doer in this entire mess was the broker who failed to properly disclose a material fact that would affect a buyer's decision. Fuess just assumed that everything about me was wrong and every thing about the broker was right. Had Carl been a more intelligent person, he would have been objective and ask for a friendly chat with me. I just might have information that would have made him think differently.

Example #8
Carl Fuess claims that I have no right to object to his ugly fence while at the same time he tried to get his neighbor on his east side to take down his fence. He went to property manager at the Ship to Shore Travel Agency several times not only to ask her to remove the fence but to ask her to make negative statements about me on their behalf. When she refused, he filed complaints with Donald Miller about the weeds on the property. Then he went up and down Ridgemoor Rd. attempting to obtain negative information about me from the neighbors. Carl Fuess said in a sworn statement, he has never done a thing to hurt me. From July 2004 to the present I have been stalked in every way imaginable by Carl Fuess. He has taken photos of me, snooped in my home, my business, my life and even checked who is on title on my property. I fear for my and my harmless little dog's personal safety knowing this man has been running loose spying on me to find any way he can to harm me.

Example #9
Carl filed a complaint against me with SCCA claiming I was advertising and operating a business from house because my trucks are parked in the driveway with magnetic signs on them. He also had his attorney send my broker a letter stating I was not allowed to show his property. Did he have my highest good in mind when he did that?

Example #10
How about that! The Fuess's under penalty of perjury swore in their declaration they decided not to rent their property because they feared that I would do something to their tenants. So in their profound wisdom, they chose to put the property on the market approximately $50,000 over priced. After two years of failed attempts to sell their albatrosse, they now have a "for rent sign" on the property. Does this mean they no longer fear I might "mess" with their tenants? Or does it mean they were lying on their declaration? If they were afraid then, why are they not afraid now? Either way it does show their word is meaningless. Me thinks The Fuess' speak with forked tongue.

The reality is: This is not a perfect world. Not every neighbor is if filled with goodwill, tolerance, and compassion towards his/her neighbor. The reality is there are some down right mean spirited, spiteful, vindicitive and malicious neighbors who will do anything they can to "hurt or get even with their neighbors". Neighbor fights are considered by the courts as merely nuisance and generally push the idea of settling issues via arbitration instead of courts. Strangley enough, the one place where neighbor malice is welcomed is the codes enforcement department of HOA's. Vindictive neighbors turn the codes enforcement officers into their own private instruments of revenge. The codes officers use the CC&R's as their weapons of destruction. Donald Miller, the SCCA codes enforcment "officer", greedily welcomes the petty and viscious complaints from one neighbor against another. Protected under the blanket of laws and bylaws, they enthusiastically pick up their CC&R weapons and attack the alleged violator with the full power of non judicial foreclosure and the hidden gun that backs every law--be it civil or criminal. Then in one lethal blow they use a sledge hammer to kill a fly. The alledged violator is rendered helpless and hopeless. There is no recourse under the cost of $25,000 in legal fees to win the right to allow an under the age grandchild to visit longer than stated in the CC&R'S. What is wrong with this picture?

Therese Daniels vs. Carl Fuess

See the letter by Therese Daniels to Don Weddle, president of SCCA. It's in the CC&R's section of this site. There are 4762 homes in the core. Only three have plastic fences and only one is solid. The solid one is next to my home.

When people buy homes for personal use or investment, they usual plan to get along with their neighbors. Any rational person knows the value of good will and harmony with neighbors makes life a whole lot easier. That is why when fences are built on the property parameter most neighbors get together and plan a fence agreeable to both and share the cost. This prevents animosity and promotes continued good will. Carl Fuess did not consider his neighbors on either side of him. He just measured 6" inside of his property and built the ugliest fence he could build. A short or long walk along the golf course parameter will not produce another solid plastic wall in Sun City. This ugly solid white wall of plastic, boxes in his property and makes it stick out like an island of hostility towards the rest of the community. In spite of his neighbor's pleas to not do so on the basis it would depreciate her property and diminsh the quality of her life, he built his spite wall. Interestingly, enough, the way he enclosed his property is a perfect mirror of his own hostile personality. Respect for his neighbor's life style, property values, or good will between himself and his neighbors are of no value to Carl Fuess. His only purpose was to carry out his will inspite of the harm he would cause the neighbors on either side. When he got bad will from his neighbor to the west of his property, he resented it intensely and proceeded to harass and demonize her rather than make an effort to resolve valid issues between them. What kind of a person would prefer to bring upon himsellf that much trouble when a little courtesy and effort to get along would have prevented all the misery he has put himself and his neighbor through?

Woe is me. I have had the miserable luck of having two consecutive neighbors from hell purchase the property next door to me. Whatever are the odds that I would get two separate investors whose life "MO" is to bully and intimidate anyone they assume is weaker then than they are. In either case the HOA board and the codes enforcement department failed to help me and favor these bullies. This story is about the one who now owns the property and his romance with Donald Miller. His name is Carl James Fuess. His wife's name is Linda.

They closed escrow on the property the middle of June 2004. In less than one month after they took possession, they began to make life a living hell for the neighbors on either side of them. They spent so much time making complaints against us, I began to wonder if the SCCA office became their personal office. No greater lover affair ever came forward than Donald Miller, the code enforcement officer and Carl Fuess. Carl Fuess had the codes department wrapped around his little finger avenging me. I was the victim of their malice. In less than seven months I received over twenty letters from SCCA charging me with one false violation after another. Each one became more ridicules than the other. I had complied where applicable, responded in writing, talked in depth with Christine McReynolds, and turned the other cheek many times duing this ordeal. The final straw was the letter telling me to take the parameter wall built by Del Web in 1965 down to three feet twenty five feet from the rear property line. But the final abuse that caused me to explode like a volcano was the order to take down the shrubs and plants that provided some privacy for us. I went bezerk. For days I drove around Sun City in rage. I couldn't believe this was happening. Then the worst of the worst happened. SCCA mailed that Special Election Ballot. They have already been misusing the powers they have and they were literally asking members to give them more powers. Control, control, and more control is what they lust. That is when I committed to expose this malicious board by writing the news letter SHOUT and start a recall. SCCA can thank Carl Fuess and Donald Miller's love affair for the revolution that has begun. In my mind's eye I can only describe the board and their employees as the wicked seven and their paid henchmen.

Monday, May 1, 2006

SCCA HOA-A Legal Fraud

The Greatest Legal Fraud & Flim Flam in Riverside County

". . .Men imagine that thought can be kept secret, but it cannot; it rapidly crystalizes into habit, and habit solidifies into circumstances. . . .hateful and condemnatory thoughts crystallize into habits of accusations and violence, which solidify into circumstances of injury and persecution: . . ."
James Allen

Ultimately, the whole world knows the most intimate secrets of the most intimate thoughts of the most private people on the planet--be it divine or foul.
Therese Daniels

When Del Web turned the management of the Sun City Civic Association to the home owners it was suposed to be taken to the vote of the general membership. Such an election was never held. Where are the documents that go with that election? Isn't it possible this entire SCCA is a fraud with a long history of manipulating paper work and misinforming the membership?

There are thousands of deed restricted communities in America today. Though their boards may be obnoxious, at least the members get some value in return for their dues—like; 1. Trash and water bill paid, 2. Landscaping is maintained every month, 3. Friendly use of the facilities, and 4. Maintain the exteriors of the units by painting them, keeping them in good repair, plus other benefits. What benefits do the members of SCCA get for their year after year $286 dues which will be consistently raised? Sun City is the only place I know where residents get nothing for their money. This has got to be the greatest legal flim flam in Riverside County. I don’t know about you, but where I come from people are used to getting some value for their money.

“Don’t believe Therese Daniels,” the board will tell you. “You have the wonderful senior center facilities with hobby shops, swimming pools, meeting rooms, etc. You have an office staff to collect your dues. You have a codes enforcement department to enforce CC&R’S which keep up your property values and the 55+ plus senior status. Isn’t this wonderful!” the board will tell you. They have to say that. How else can they justify all the money they pirate from us every year in return for nothing? They have to convince you, the residents cannot get along with out them and there are great benefits to living in a 55+ deed restricted community. This is how they keep their useless self perpetuating jobs at the expense of innocent, good willed seniors who thought this would be a good place to enjoy their spoonful of years.

It’s time to separate myth from reality and fact from fiction. What do you think the actual percentage of members use the pool and the other facilities? According to some members who served on a committee to study the operating cost of said facilities, only 10% of the 4762 members actually use the facilities in any given year. That totals 476 members. Assuming he under estimated that number; let’s say 15% use the facilities on a yearly basis. That comes to 714 people per year. As often as I had to go there for one idiotic issue after another, I have personally never seen more that 8 people in the pool, no one in most of the hobby shops, and a couple of people in the silver smith shop. It would be safe to say 10% to 15% of the membership actually uses those obsolete facilities. That means 85% to 90% DO NOT USE THE FACILITIES. That means 85% to 90% of the membership are paying for 15% to 10% of the membership. I have been told by several residents who did try to use the facilities they were treated so rudely, they decided to never return again. Most of those deteriorating buildings should simply be torn down. Only the people who use the facilities should have to pay for them, not the entire membership. It doesn’t take an entire association to run that facility. One small management group could do it at 1/20th the cost. What is wrong with this picture? What benefits have 90% of the members gotten for their $286 per year? $286 per year has changed to $291 per year beginning January 2006. Under the Stirling/Davis Act they can continue to raise the dues ("assessments") up to 20% without our vote.

Is it possible that the majority of the enforcement of alleged violations is just plain illegal under the following definition: The California Supreme Court, in a decision usually referred to as the Nahrstedt case, held that CC&R’s are to be enforced unless they fail to pass any one of three tests: (1) being arbitrary, (2) violating a fundamental public policy, or, (3) Imposing a burden on the association member that substantially outweighs the benefit to the association as a whole. I

Definition 1: being arbitrary

The existing CC&R’s are poorly written. Most of them are a matter of the board’s capricious and arbitrary interpretation. They keep changing the meanings and rules as it suits their purpose at the time. This is why an alleged violator will see dozens of other residents getting away with the same violations he is now having to correct or pay a fine. Though the laws & bylaws may be a little more clear, the board fails to follow or conform to them in regard to “hearings” when members contest. Some people are simply fined—in spite of their proof of innocence—without a hearing. Others face merely the manager, the codes enforcement officer, and other such non designated special hearing board. There is no specially designated “hearing board or officers” as so required in the bylaws. This is why these hearing are called the Kangaroo Court of SCCA. The only consistent habit the board has is being arbitrary! All they got is “might is right.” This proves they are arbitrary and fits Supreme court definition #1.

Definition 3: Imposing a burden on a member that substantially out weighs the benefit to the association as a whole.

Approximately 99% of the alleged 1500 code violations they attempt to enforce are nothing more than piddling trivia. (The 1% of important enforcing was the pitiful home on Carmel rd.) How does the association as a whole receive any benefits from enforcement of the thousands of petty alleged violations. It doesn’t benefit Sun City at all. Who cares about silly little code infractions (but the vindictive neighbor who wants to cause his/her neighbor aggravation). It fails to benefit SCCA as a whole if: a resident 10 blocks away has a relative under 55 visiting for three days longer than stated in the CC&R’s; if some residents grow plants and bushes for privacy higher than the height limit; if a senior takes in some typing, sewing, or book keeping in her home to supplement her limited fixed income; if a much needed storage shed is bigger than 8x10; or a senior couple renovates an old junker into a gorgeous property even if a hedge or brick wall doesn’t totally comply with their codes. It does, however impose a burden on a member that substantially out weighs SCCA’s benefits. Reality is there are no benefits to SCCA as a whole and enforcement of the above mentioned violations fails to protect property values. This proves Supreme Court Definition number 3. Again, what value are we getting for our $286 per year? Now $291 per year.

Maintaining the 55+ Status

A 55+ Community is a luxury S.C. Core can not afford!

Ah yes! The precious 55+ status that they claim I don’t understand. . .or maybe they don’t understand. All it means is if filed with the DRE prior to opening the doors to the public or if voted upon by a group then filed, age discrimination is permitted. When Del Web built this community in the mid-sixties, it was legally established as an “adult only community” age 18 +. If Jean Roberge hadn’t gone door knocking petitioning that it be a 55+ community only, there would be no issues about adults under the age of 55 living here. Del Web had already legally established said status. Thanks to Jean Roberge, it may no longer be possible to get back the adult only status that Del Web had so skillfully accomplished. Other than the right to discriminate based upon age and keep out young children, there is absolutely no benefit to being a 55+ community but it has many liabilities. What benefits do we get under the SCCA 55+ umbrella that we can’t get for ourselves with out them? Is there a special SCCA deduction offered to SCCA residents on taxes, health, dental, eye, life or home owners insurance? Do super markets and local retailers offer special discounts to SCCA seniors? Is there any group that assists seniors with the up keep of their property when they become disabled for minimum cost? What do we get for our $291 per year? I can understand that many seniors become annoyed with the energy of children around them. I am not suggesting a “family” community but an adult community.

We don't need SCCA to Govern and Control us

We are senior adults, not children. We arrived in Sun city after years of living responsibly and accumulating enough money so as to retire with dignity and independence. We are not charity cases. We pay our for our own property, taxes, insurance and upkeep. We do not need the heavy handed control of a capricious, arbitrary, and mean spirited Civic Association. Sun City is in an unincorporated area already under County government. What on earth do we need them for anything. The only people who benefit is the management and the board. They need our money. We do not need their management. I would rather buy a plasma TV for the price of the dues I have paid the last eight years.

They need our money. We don't need their management. From hence forward when you pay your dues write on the front of the check "Paid in protest. This is legal piracy."

Look at SCCA's annual financial statement to see where and how they are spending the member's money on non important items only to justify their own existence. They pay nearly a million dollars in salaries to process paper work to spy, invade our privacy, harass, and misinform us. In all their busy work, how has any--but the SCCA Board and their cronies--received any benefits at all?

SCCA can legally raise you dues up to 20% per year without membership vote. Do you want your dues to continually be raised by 20% per year without your vote? $291 x 20% = $58.20 = $349.20 x 20% = $69.84 = $419.04 x 20% = $83.81 = $502.85 and so on. In just three years you could be assessed with over $500 a year. Though, you or they may claim they won't do it, remember the power to do so hangs over our heads. Isn't that just too much power they have over you and me? ? ?

SCCA can falsely accuse a member of anything in the name of some code violation. Then fine the member if the member refuses to correct the alleged violation to the Board's satisfaction. If the member refuses to pay the fine, the Board can convert the "fine" into a "lien". Liens can be recorded against a member's property. If the liens total $1800 or more, the members property can be taken with judicial or non judicial foreclosure.

The powers of foreclosure possessed by deed restricted communities are anti-American. No one should have to lose his/her home because of trivial code violations. Keeping one's home is the most important act an American family can do. That is why the HOME STEAD acts were passed. But the HOA's have manipulated a right to over ride it. This is an American shame!

There are no absolute interpretations of all the CC&R's, "Federal Guide Lines", and other laws. Alleged accusations are based purely capriciously by the Board and/or its management. This becomes the grist for conflict, resentment, and anger between members and SCCA.

For an example: SCCA and members have been in contention over storage sheds for the past several years. SCCA claims a storage shed should not be seen from the street. Many members have constructed their sheds to comply. However, if a codes compliance officer claims he can see even a part of the shed from the street, the member is in violation. However, Don Weddle, the former SCCA President has two storage sheds on his property that can be seen from the street.

Over thirty years of enforcing S.C. 's CC&R's Sun City looks worse than ever! Over 80% of the homes are "fixer uppers". So how is it that under such due diligence by SCCA this could have happened? Did it ever occur to obtuse SCCA Board that the very CC&R's they so dearly love are the obstacles to a more beautiful Sun City? The CC&R's and their enforcement do not work in this 21fst century. Wake up and take a look!