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!