Thursday, December 11, 2008

NO! NO! NO! ON AB770

NO! NO! NO! ON AB770 AB770 is SB551 in drag masquerading as CAI's full employment act

July 03, 2006

By Donie Vanitzian (View author info)
Copyright Donie Vanitzian, BA, JD
Los Angeles, California -

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. They must:

1) Codify penalties against boards, management company owners/personnel, and ass. attorneys;
2) Codify the disclosure of "risks and liabilities" to all potential buyers;
3) Enlist the assistance of the State Bar of California to make filing complaints against ass. attorneys less intimidating, and with measures preventing retaliation against complainants;
4) Codify an owner "victim fund" consisting of prompt restitution to the harmed owner because of an association's wrongdoing;
5) Codify a "Lemon Law" that allows a 'no questions asked' 14-day return of deed-restricted property to the seller. This already exists in California time share statutes;
6) Allow owners to tax-deduct all assessment payments made to the association for any reason;
7) At the time of sale, refund to the owner all monies paid into the association's reserve account with interest.

MISUNDERSTANDING THE MEANING OF "OVERSIGHT?"

Have you noticed how none of these Senators and Assemblypersons can write a SHORT bill that encompasses only "one section" of the statute? Mullins bill "amends" Civil Code section 1373 to ADD another Civil Code section 1363.7, and ADD another Chapter (11) to the Civil Code.
All of the recent bills are adding bulk to the statutes. They are road hogs eating up space because the legislator wants his or her name in the books. We all PAY the price for their narcissism and arrogance, let alone their sell-out to campaign contributors and contributions and heavy-handed influence in laws WE must LIVE by.

Owners are reminded that such industries do not have a "vested interest" in property. ONLY owners have a "vested interest" in property. Such industries have an interest in getting PAID - BY YOU. The industry's arguments in favor or against such bills, all revolve around industry goals.

It is imperative owners understand that a homeowner's disagreement with a bill is for fundamentally "different reasons" than an industry composed of parasites disagreeing with the same bill for "their own" reasons.

Aside from his inconsistencies, promises, and breaches, one of the unfortunate realities plaguing Democrat Assemblyman Mullin's flailing ombudsman bill is that he chose to adopt the industry's language which is notably attributable to Community Association Institute (CAI) and its long-arm lobby CLAC. Part of the language right out of the ombudsman bill states:

"Anecdotal accounts of abuses within common interest developments create continuing public demand for reform of common interest development law. This results in frequent changes to the law, making it more difficult to understand and apply and imposing significant transitional costs on common interest developments statewide. By collecting empirical data on the nature and incidence of problems within common interest developments, the Common Interest Development Ombudsperson provides a sound basis for prioritizing reform efforts, thereby increasing the stability of common interest development law."

Including that unprofessional and indefinable language shows a blatant disregard for the ownership rights of all residential deed-restricted titleholders. That language alone should be enough to ipso facto kill this bill-but homeowners will look aside and chant the same old tired refrain of "but we need something" or worse yet "something is better than nothing." No. "Something" is NEVER better than "nothing."

FOLSOM PRISON CC&RS. OWNERS BEWARE: YOU MAY GET WHAT YOU ASK FOR

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.

1) It fails to cap it's "own" expenditures;
2) Is funded only by one segment of property owners (residential deed-restricted owners) which amounts to double taxation without representation for this class of owners;
3) It continues to use nebulous, inconsistent, and indefinable language -- leaving itself open to challenges in court;
4) It prejudices homeowners rather than help them;
5) Worse yet, it "backdoors" the already FAILED Common Interest Development Bureau which was nothing more than a bank for at least ten other State Departments (many were unnamed in the proposed statute);
6) AND constitutes a guaranteed RISK to homeowner personal assets.

Where's the democracy in having bad bills like this rammed down our throats?

OMBUDSMAN LIMITS, SEGREGATES, PICKS AND CHOOSES, TYPE OF DISPUTES

The ombudsman will limit the types of disputes it hears. Proof of this was garnered way back in 2003! At that time, the California Law Revision Commission published its recommendation regarding "Alternative Dispute Resolution in Common Interest Developments." It stated that such "disputes typically fall into one of several categories:" The problem? Though the following are pigeonholes created by the CLRC, they fall short of predicting what the ombudsman office will and will not categorize as "acceptable" disputes. Interesting that the CLRC feels confident that only THEY can determine what category disputes exist but they owners can't. Be prepared to be "pigeonholed" at the ombudsman's office too. They will make owners conform whether they want to or not.

(1) Financial disputes (maintenance, common charges, special assessments, fines and penalties, restrictions on resale or transfer, access to books and records).
(2) Architectural controls (repairs, alterations, painting, decor, landscaping).
(3) Pet issues (barking dogs, wandering cats, animal waste).
(4) Use of private space (leasing/subleasing, commercial or professional use).
(5) Personal interactions (facilities use, parking, noise, rudeness).

Nearly each of those problem areas could have easily been addressed with legislation meant to protect the owners' rights, but not one legislator felt it was important enough.

The California Law Revision Commission also stated that "good information is not available concerning the incidence of disputes of this type in California. They are not uncommon, however. Data is available from other jurisdictions in which there is government oversight of CID operations. That data suggests that a dispute reaches the point where it becomes serious enough to lodge a complaint approximately once per 200 dwelling units per year. In California, with its estimated 3.5 million CID dwelling units, that would yield about 175,000 "serious" disputes in CIDs each year."

Ask yourself, is that a good enough reason to tax deed-restricted titleholders to fund a bureaucracy that gathers data?

ASS. ATTORNEYS HAVE BRILLIANT PLAN: MAKE OWNERS PAY FOR THEIR OWN DESTRUCTION

The goal of AB770 and its stepsister SB551 is to create administrative gridlock that the ass. attorneys and their firms will control and profit from. Logically, where do owners think the education propaganda will be generated? It is unlikely that the industry will allow the ombudsman to order copies of the book Villa Appalling! Destroying the Myth of Affordable Community Living, will they?

NO CAP ON FEES COLLECTED. NO AGENCY OVERSEEING THE OMBUDSMAN

Aside from no cap on spending and no cap on fees collected from owners, there is no agency that owners can file complaints against the ombudsman. Watch for this legislative trick: the legislators will remove the word "fees" or lower the amount of fees in order to get the bill passed, but then add it back into the statute "after" the bill passes.

NO CAP ON GOVERNMENT SPENDING OF FEES COLLECTED

There is no cap on the department's spending. There is no cap on the fee amounts charged. There is no cap on the fee amounts collected. Owners: if there is no cap on these amounts, you will never know by how much your monthly assessments will be raised each month, each year. You will not be able to calculate your risks.

NO VICTIM FUND; NO RESTITUTION

Presumably the ombudsman will be attempting to rectify the wrongs committed against owners who have a vested interest in PROPERTY. However, the ombudsman bill makes no provisions for restitution to owners for their injuries or harm done. Think about this closely. The owner goes to the ombudsman supposedly seeking a "resolution." The resolution might include restitution for injuries caused to the owner. Yet this bill is intentionally silent on that matter.

NO PENALTIES FOR BOARDS

What is so difficult about imposing penalties against recalcitrant boards? This legislature will not do it. Short of that, the legislature should impose a moratorium on building common interest developments and impose a moratorium on adding additional legislation to the Davis-Stirling Act.

NOT BENIGN, AB770 IS DANGEROUS

Read carefully, this bill like its wicked stepsister SB551, professes to have the power to impose fines on associations BUT ONLY IF they LOSE disputes with the owners-the obstacle course laid out in front of owners who might have used the so-called bureau, makes it impossible to accomplish "anything" in a timely manner, let alone get anything of substance actually "accomplished" at all.

Just like Nevada, Florida, Arizona (some defend Arizona's system, I do not for reasons that will not be furthered in this California paper), Virginia, Hawaii, and it goes on and on. All are black holes for unaccountable cash generated by no one else but owners.

Regarding the Nevada Ombudsman's office, someone told me "there is a surplus of several million dollars. The only money being spent is for state funded CAI seminars that work out to something like $5,000 per attendee, but 6, maybe 8 people attend."

After losing, Lowenthal chants the disingenuous democratic mantra: "Let's hear from the homeowners." Excuseeeeeeeeeeeeeeee me! Like he hasn't heard from homeowners! What planet is this guy on? Owners should seriously consider recalling Lowenthal from office.

NO TAX DEDUCTION FOR OWNER PAYMENTS TO THE STATE -- AB770 ASSUMES OWNERS HAVE EXPENDABLE INCOME THAT THEY WILL "D-O-N-A-T-E" TO OMBUDSMAN

This bill makes "fees," er, uh, strike that. This bill makes "donations" payable directly to the Secretary of State! There is no tax deduction for your payments to the Secretary of State for all these fee-reimbursing donations that go toward funding these bureaucracies claiming to help "you." In fact, there is no guarantee they will help you at all or that your grievances will be addressed. That decision will be decided by some bureaucrat who will tell you: "You don't have standing." "This is outside our jurisdiction." Those are the typical government catchall phrases for being able to collect money but not produce the goods.

Just what homeowners need: the bill admits there is a FISCAL IMPACT. The result of a fiscal impact is simple: It costs "owners" money. It doesn't cost the "public" money, it cost "owners" money -- this is not a fee that will be shared with the general public as all other Government Departments do. This is money that owners will pay directly to a special fee-collecting department AFTER they pay their monthly credit card bill$, car and home in$urance bill$, homeowner a$$ociation regular, $pecial, and emergency, a$$e$$ment$, student loan$, college tuition, health in$urance, gas$ water electric bill$, telephone$, ga$oline, car maintenance, car in$urance, doctor bill$, medication$, and on it goes.

NO DISCLOSURE OF RISKS PRIOR TO PURCHASE

Legislators keep asking for solutions, but frankly, THEY created the PROBLEM -- THEY need to FIX IT. One of the first things that needs to be done, is to require definitive and comprehensive disclosures OF EVERYTHING to all buyers. It is the BOARD that must be responsible for this, NOT the homeowner. In that way, the board can be penalized for nondisclosure NOT the owner. The owner can only disclose and provide what they know and have, nothing more. But the liability and risk is placed on the owner. This is unfair because all the evidence is in the custody and control of the board of directors.

LEMON LAW: 14-DAY RETURN OF DEED-RESTRICTED PROPERTY

A lemon law should be codified and applied to ALL residential deed-restricted property purchases, giving the buyers 14 days to "return" the mess back to the owner.

NO PENALTIES AGAINST ASS. ATTORNEYS

You want to resolve disputes without lawyers? The Davis-Stirling Act needs to include the State Bar of California Disciplinary committees to start clamping down on bad ass. lawyers and disbar them. Rather than closing their discipline files, hold those lawyers accountable for their actions.

Owners too, must file complaints against those lawyers whether they hired them or not, and you must keep filing those complaints until the bar gets the message: We are not going to take it anymore. (See http://www.calbar.ca.gov)

DOES ANYBODY KNOW WHAT THIS MEANS?

"Ombudsperson to ATTEMPT to resolve a dispute between an association and owner by conferring with the two parties to reach MUTUAL AGREEMENT"?
What does an "ATTEMPT" mean? Owners think that the Ombudsman WILL achieve a RESOLUTION, NOT an "ATTEMPT!"

Homeowners already have the kind of dispute resolution mentioned in AB770, for 'free,' at the Los Angeles City District Attorney's Dispute Resolution Program. Our tax dollars pay for this and there is no limit to the number of mediations an owner can request, nor is there a fee. It is FREE. (See http://www.lacity.org, telephone (213) 485-8324).

Why do owners need a statute to create yet another dispute arena that only WE must pay for?

MESSAGE TO LOWENTHAL AND OTHER LEGISLATORS

If you want to hear from the homeowners then STOP MAKING EXCUSES and ANSWER your damn telephone when constituents call and TALK TO THEM. They put you in office, the least you can do is hear what they have to say without a go-between.

Beating a dead horse. Loser Lowenthal vows to return next year with "enforcement and fines." Ha! Ha! Ha! Fancy that! Next year! He vows to return next year, to do what he could have done ten years ago but didn't have the courage to do; that is, impose penalties against the boards and management companies in the Davis-Stirling Act -- but homeowners don't hold your breath because it's a bunch of hot air.

I'm on the record demanding penalties against boards and management company personnel be written into the Davis-Stirling Act. Each year the legislature fails to do this.

Why do owners need a stinkin' "bureau" to accomplish this one-line item instilling penalties? Because Lowenthal and buddies like Mullins, typical of industry panhandlers, want to pork it up for us-the-owners who generate all the cash they feed off of. They do not want to impose penalties against boards and management companies when they can create a cash cow to fund them and their buddies at our expense. Such bureaus will not create millions in cash to pass around the various departments, they will create BILLIONS in excess revenue.

AB770 PROPAGANDA WRITTEN INTO THE BILL

Statute: "Managing a common interest development is a complex responsibility."

Response: If it is, then the legislature had/has a duty to perform, at its own expense, its own demographic, sociological studies, and pilot projects PRIOR to imposing this type of ownership responsibilities on owners. They also have a duty to impose a moratorium on building.

Statute: "Community associations are run by volunteer directors who may have little or no prior experience in managing real property, operating a nonprofit association or corporation, complying with the law governing common interest developments, and interpreting and enforcing restrictions and rules imposed by the governing documents of the common interest development."

Response:
(a) Why did the legislature make it mandatory that owners belong to the association, and make it mandatory to pay fees at-will, and make it mandatory to lose one's home for failure to pay ANY assessment? It matters not, that the legislature finally addressed nonjudicial foreclosures: it is way too little and way too late. Understand that homeowners have lost their California homes, some for as little as an alleged $150 owing the association, most in trumped up fees and charges. Which makes even more interesting to learn that the Davis-Stirling Act was amended to CHANGE THE DEFINITION OF "VOLUNTEER." These "directors" are now "volunteers-by-the-new-definition" ONLY BECAUSE the legislature wrote that stipulation into the Davis-Stirling Act. The legislature also wrote into the law that association directors MUST be UNPAID volunteers or they will not be insurable, never mind that the ongoing kickbacks and barter campaigns continue unabated. For an association board of directors, "indemnification" amounts to a "License to Lie" that is subsidized by all owners.

(b) There is NOTHING in the Davis-Stirling Act that MANDATES that the owner receive governing documents PRIOR TO SIGNING A PURCHASE AGREEMENT/BUYING, these documents are guarded closely by associations so much so, that some owners even after purchase, still cannot get a copy of them - or worse - the copy they were given is inaccurate. Still, no penalties against boards who fail to follow the law. The only person who gets sued for not turning over such governing documents, IS THE SELLER, that is, the OWNER. Not the board.

Statute: "Homeowners may not fully understand their rights and obligations under the law and the governing documents."

Response: The reason homeowners may not fully understand their rights and obligations is because (a) they have no PER SE rights and (b) the legislature keeps changing the laws. Many owners do not have access to such laws and even if they did, the legislature has now made it so damn complicated that even lawyers and judges can't interpret it.

Statute: "Mistakes and misunderstandings are inevitable and may lead to serious, costly, and divisive problems."

Response: Thanks to the legislature, ass attorneys, boards of directors, and interloper management company owners and personnel, not to mention industry saboteurs such as interlopers like CCAM, CAI, ECHO, CLAC, and their spawn, it is no wonder why this type of living environment has become SERIOUS, COSTLY AND DIVISIVE. ONLY THE OWNER HAS SOMETHING TO LOSE.

Statute: "The Common Interest Development Ombudsperson seeks to educate community association officers and homeowners as to their legal rights and obligations. Effective education can prevent or reduce the severity of problems within a common interest development."

Response: If that paragraph were not so fundamentally serious it would be laughable. How a legislator can actually put pen to paper and have the nerve to write it, boggles the mind. Therefore, I won't dignify it with a response.

Statute: "The principal remedy for a violation of common interest development law is private litigation."

Response: That is just a damn lie. It is a lie because (a) the courts have been influenced by industry to the extent they are unequivocally swayed away from rulings in favor of owners and have consistently without justification granted deference to board decisions no matter how egregious or indefensible those decisions are -- this has discouraged much litigation brought by owners against the perpetrators of fraud committed against them; AND, the legislature has taken even the right to sue away from the owners. The only effective tool, that of litigation, was stripped from us. Owners can no longer sue for construction defects and can no longer sue in general, we are met with major diversions beginning by writing signed-return-requests to the board, then waiting. Writing for Requests for Resolution, then waiting. Writing for a Meet-and-Confer, then waiting. Being diverted to mediation, then waiting. Being diverted to arbitration, then waiting AND prejudicing whatever case we might have had. ALL of this costs money to the owner. Nothing is free. Nothing tolls the statute.

Statute: "The Common Interest Development Ombudsperson provides a neutral, nonjudicial forum for resolution of common interest development disputes. Many disputes can be resolved inexpensively, informally, and amicably through ombudsperson-facilitated mediation."

Response: This bill claims to provide a neutral FORUM -- NOT a NEUTRAL ARBITRATOR. NOT a NEUTRAL MEDIATOR. JUST A ROOM, FOUR WALLS. This is anything but "neutral." The fact that the ombudsman's department exists at all tells you that it is "not" neutral. Owners will be forced to hire an attorney because the ass. will hire an ass. attorney. What is inexpensive about that? What is neutral about that?

OMBUDSMAN OFFICE IS NOTHING MORE THAN ANOTHER "CALIFORNIA LAW REVISION COMMISSION" - ONLY THIS TIME WE PAY FOR IT

The bill states: "The Ombudsperson may convene an advisory committee to make recommendations on matters within the Ombudsperson's jurisdiction. A member of an advisory committee shall receive per diem and expenses pursuant to Business and Professions Code section 103. In selecting the members of an advisory committee, the Ombudsperson shall ensure a fair representation of the interests involved."

Response: Pay close attention to the fact that all the industry buddies will now obtain FULL TIME EMPLOYMENT WITH CALIFORNIA GOVERNMENT PENSIONS, HEALTH BENEFITS, VACATION TIME, ETC. Just like the inept California Law Revision Commission, these APPOINTMENTS are payback to industry parasites that will ensure the industry keeps its stranglehold on the laws by skewing data and rigging decisions against owners -- just like the court system. They will receive reimbursements, expenses, and SALARY. Any owner that believes an industry friendly ombudsman will ensure a fair representation of the interests involved, is out of their mind. If it were to be a fair representation, then the owners would pick these individuals, and frankly, there would be no need for an advisory committee.

TAKE A LOOK AT THIS CRAP YOU WILL BE FUNDING

Ombudsperson shall report annually to the Legislature, no later than October 1 of each year. The report shall include all of the following information:

(a) Annual workload and performance data, including the number of requests for assistance received, the manner in which a request was or was not resolved, and the staff time required to resolve the inquiry. For each category of data, the Ombudsperson shall provide subtotals based on the type of question or dispute involved in the request.

(b) Analysis of the most common and serious types of disputes within common interest developments, along with any recommendations for statutory reform to reduce the frequency or severity of those disputes. [this statement alone should tell owners that the legislature has not been listening to owner complaints]

(c) On or before January 1, 2009, the Ombudsperson shall submit recommendations to the Legislature on the following topics: (1) Whether the Ombudsperson should be authorized to enforce common interest development law. (2) Whether the Ombudsperson should be authorized to oversee association elections. (3) Whether the scope of application of Section 1380.230 should be narrowed or broadened. (4) Whether the Ombudsperson should provide or subsidize mediation of common interest development disputes.

Then, Civil Code section 1380.130 goes on to state, "On filing information with the Secretary of State every two years, pursuant to subdivision (a) of Section 1363.6, an association shall submit a Common Interest Development Ombudsperson FEE. This FEE IS IN ADDITION TO THE FEE submitted pursuant to Section 1363.6. Failure to submit the Common Interest Development Ombudsperson fee is deemed noncompliance with Section 1363.6. Costs incurred by the Secretary of State pursuant to this section shall be REIMBURSED from the Common Interest Development Ombudsperson Fund."

MANAGERS AND LAWYERS GET TO USE OMBUDSMAN FOR FREE -- BUT OWNERS HAVE TO PAY

Yup! ANYONE can use the Ombudsman.

If ANYONE can use the ombudsman, then why doesn't the legislature make EVERYONE pay through their taxes to fund the ombudsman's department?
"Under the new proposed Civil Code section 1380.300 (a): ANY interested person may request that the Office of the Common Interest Development Ombudsperson provide assistance in resolving a dispute between an association and an owner that involves the law governing common interest developments OR the governing documents of a common interest development." [what's the legal definition of an "interested" person?]

Guess what? That means if the ass. or the ass's attorney wants their fees or costs, the ass. attorney can enlist the ombudsman to assist in collecting attorney fees against you! How stupid is that?! So much for helping HOMEowners.

It also means, that vindictive management companies will be utilizing a tool that was supposedly meant for homeowners, to "target" you instead.

It also means that persons [i.e., "interested persons"] will be utilizing the ombudsman's office that YOU WERE FORCED TO PAY through your association assessments - but that they did not have to pay.

MORE HIDDEN FEES

There are hidden fees everywhere in this bill. Make no mistake, it is inevitable owners will be paying more every year. For instance, "The Ombudsperson MAY, by regulation, adopt a FEE for mediation services of not more than fifty dollars ($50) per mediation." [but no cap written into the statute]

Then another section in the same statute says "The Ombudsperson may contract with private parties to provide mediation services pursuant to this section and under the Evidence Code as it applies to mediation initiated under this section, the Ombudsperson SHALL NOT CHARGE A FEE FOR THIS service."
So which is it, $50 or free? Owners should begin budgeting an additional $100 on up for fees with no end in sight.

As each brilliant legislator wants to add their name to the notches on the Davis-Stirling Act's belt, the fees will keep rising forever.

UNDERSTAND THE PARAMETERS OF A BAD BILL

• CREATES a CID Ombudsman...(creates more problems for owners)

• REQUIRES Ombudsman to provide a website and toll-free number (this is really hard to do)

• REQUIRES association to PAY FEES for each separate interest within the CID (owners apparently don't pay enough already)

• ESTABLISHES advisory committee (just like the useless CLRC)

• REQUIRES Ombudsman to report ONCE A YEAR to the legislature with statistics (report? report WHAT? and WHY? How many damn statistics do they need, they re-publish the statistics every time they add another code to the Davis-Stirling Act, this is preposterous)

• REQUIRES Ombudsman to make RECOMMENDATIONS...AND to certify that directors have read governing documents (imagine! we are paying condo police to report to a government agency on owners READING documents --who could possibly take this bill seriously. It fails to PENALIZE RECALCITRANT BOARDS FOR THEIR BAD FAITH AND BAD ACTIONS, but it can make recommendations, what good are "recommendations" - where's the "enforcement" in THAT!)

• REQUIRES Ombudsman to provide training materials and courses AND CHARGE A FEE FOR THIS "SERVICE" (owners don't need any more pamphlets, let alone training materials provided from the same industry that bankrupts us; we've got enough problems with the real governing documents.)

• ALLOWS but does NOT REQUIRE Ombudsman to attempt to resolve a dispute between an association and owner by conferring with the two parties to reach mutual agreement. (if the owners cannot see what is wrong with this bill by this point, they are in big trouble).

THE CRUELEST HOAX YET

Everything in this bill is subject to "the limits of the available resources."

Response: What an utter, unmitigated, waste of time.

Latest news continued--Menifee/ Sun City Chamber

Menifee/Sun City
Chamber of Commerce
Dubious Integrity in Menifee Valley

pedophiles aren't the only bad guys
who need to be exposed


Thugs and liars are now on the  Board of Directors of the Newly merged Chamber of commerce! If you want to be certain the old Chamber will be as incompetent as what was the "new chamber" vote for Jerry Stamper and Joan Ring! They are so jaded they don't even admit responsibility for destroying the new one. Now they want to repeat themselves in this one! By the way by what secret legal process did they accomplish since I saw no ballot for membership vote?

Three weeks ago The Californian quoted Jerry Stamper saying the Chamber was closing their doors and going to sublet the space. Now they are planning an installation dinner? Is it any wonder the Chamber is a disaster with that kind of ambivalent leadership? Can anyone believe anything that Chamber says or does? By the way, since the two Chambers aren't IBM and Hewlett Packard, how long or how hard is it to complete a merger? Stamper has been "talking about merger talks" for almost two and one half years? It makes one wonder--is Stamper interested in accomplishing anything more than getting his name in the paper?



Solomon’s Choice



$17,000 in legal fees down the toilette trying to harm another Chamber & Board member the Board could have avoided simply by making the right choice when they were asked in Therese Daniel’s March 11, 2006 letter to the Board.



Via Superior Court of Riverside County, the Menifee/Sun City Chamber of Commerce had to reinstate me as Director of the Board and member of the Chamber. It was an expensive and hard struggle to force this Board to comply with the laws of the State of California. They demonstrated extreme animosity towards me, grasped at any straw to discredit me in their attempts to justify their own malice. The actions of the current Board to terminate me last March were unethical, illegal, immoral and egregious. Menifee/Sun City Chamber Board of Directors repeatedly demonstrated a flagrant disregard for its own bylaws, California Corporate and Fair Practice laws. This is the second time this Board has railroaded a qualified person who has done only good for the new Chamber. Remember Julie Johnson? Her last statement was; “They fired me for doing a good job.”

However, acting in a legal and professional manner is of no concern to Jerry Stamper and his coconspirators. They have treated the Chamber as if it were their personal private club. Saying; “Off with their head!” to anyone who didn’t agree with their opinions. Their attitude is simply: “What has legality, credibility, or accountability to the membership got to with any thing?” Consequently, for the highest and best interest of this Chamber, I was going to file a petition to remove the existing Board on the basis of malfeasance, incompetence, moral turpitude, conspiracy to cover up, and conspiracy to commit an egregious act against another Board member. It is a waste of time and money as the best they can hope to do is merge with another chamber and the worst is they probably dissolve. There are many, many wonderful members who joined this Chamber as an alternative to the old Chamber who deserve to have honesty, integrity, and inspiration in its leadership. They do not deserve to be betrayed by a dishonest Chairman of the Board whose only effort since this Chamber began was to sabotage our straight line to success by attempting to manipulate us to merge with the very Chamber the members chose not to join. Within three months after we began to develop the Chamber Jerry Stamper worked counter productively towards the Chamber’s success by secretly conspiring with the old Chamber to merge. His actions were not in the best interests of the Chamber.



Many people asked me why I would want to be with a group of people who so obviously bear malice towards me. I took my stand for two reasons. My word, promises, and oaths are my life. I took an oath to serve the Chamber—not the Board of Directors of the Chamber. The order of the Riverside County Superior Court was a direct result of my refusal to violate my personal oath to serve the Menifee-Sun City Chamber of Commerce. The second reason I chose to hold my position is to protect my reputation. Knowing what this group did to Julie Johnson was a good indicator as to what they would do to me. I had been a loyal, dedicated, positive Board member since its inception. Just as Julie, I had done nothing to deserve what they attempted to do to me.



This Chamber was born out of dissatisfaction with the quality of management of the Menifee Valley Chamber of Commerce and I was told by Cheryl, Jeff Stone’s desire to crush his opponents from old Chamber. As one of the seven or more original founding members, I swore to serve the Chamber for it and its members’ highest and best good. When the Board attempted to illegally terminate me in March, I protested and advised them they were acting illegally. I asked them to send me a list of items they deemed were unacceptable in my behavior. They refused. After several failed attempts by me and my attorney to communicate with them, I petitioned the Superior Court of Riverside for reinstatement. The best Jerry Stamper could do was produce a pitiful and comical two page letter written by Carol Crocker attempting to prove how undesirable I was. The problem with Carol’s letter is she was so confused; she falsely accused me of inviting someone to participate in the EDC meeting who “wasn’t even a member.” It turned out he was a member before she became a member. When the alleged non member in Carol’s letter brought this to Cheryl Ferruli’s attention she gave him a free membership plus an ad in the news letter.



When we first gathered to discuss the start of a second and we hoped more successful chamber, the founding members were not very well known to me. I had whole heartedly believed they were capable, professional, ethical, and motivated people dedicated to the success of a new Chamber. It was only a matter of a few months into our effort I learned I was seriously mistaken. There is nothing more fun or productive for local business than a well run vital Chamber. Chambers being non profit corporations for the benefit of commerce are run by a volunteer Board of Directors. The benefits for the volunteers are extra visibility and the prestige of serving. This is why it is imperative that all who serve on the Board bring honesty, enthusiasm, integrity, and ability. When there were only the seven of us as the first members, various offices were open. Jerry Stamper, the current Chairman of the Board grabbed the position of Chairman of the Board and simply was unchallenged by the rest of us. He was never voted into his grabbed position. His leadership immediately began abandoning us by going on a month long honeymoon. Thus he left the rest of us at a critical time to do all the grunt work, locate an office, deal with the harassment of the old Chamber to get up and running. When he did return to assume his duties, he couldn’t remember dates of meetings, agreements he made, decisions by the Board, doesn’t know how to write a letter, and can not speak publicly. No one but I said a word. I was told to shut up.



The powers of Chairman of the Board as so designated in the Chamber’s bylaws are limited to conducting meetings and general over seeing the daily grunt work of Chamber business. They do not permit Chair people to enter into large contracts, negotiate Chamber mergers, arbitrarily give themselves the title of President, or any other such actions that directly affect the Chamber business and image. (However, Jerry Stamper and his Board can not be bothered obeying its own Chamber laws and bylaws. They via “unanimous decisions” by their personal clique of Directors present at their clandestine meetings would validate any violation, harm, or lie, they choose as it is proven beyond a shadow of a doubt by their flagrant disregard of a Superior Court Order to reinstate me.) At an emergency meeting called by Stamper at his house October 2005, we learned--rather than his focusing upon the success of our Chamber-- Jerry had begun unauthorized “talks” about merging our Chamber with the old Chamber. None of us challenged Jerry on his unauthorized actions. Jerry made it very clear the “old Chamber” absolutely did not want Julie Johnson as the CEO. (Julie Johnson, CEO of the Menifee Valley Chamber who had done an outstanding job was terminated by them. No good deed goes unpunished.) Two main decisions were made at that meeting:



1. We would not even consider talks with the other Chamber until after the first of 2006.
2. The Board would give Julie Johnson a vote of confidence and support her in her CEO efforts.



Within three days after that meeting, I began getting calls from Ron and Betty Royer. Ron was very direct and advised me under no circumstances did they want this Chamber to merge with the other. Betty raved about Julie & Cora as the two dynamos “who all by themselves put the Chamber together”. Betty proclaimed “this Chamber is the best thing Menifee has going.” Both the Royers were planning to begin a petition against the Board in favor of retaining Julie. It was a mystery to me as to where they were getting their information. Within a week or so Cheryl Ferrulli, who was a Director and treasurer began to call me to discuss her frustration with Julie and my feelings about Julie. It was my opinion then and remains so today, Julie Johnson is very knowledgeable and capable about Chambers. Julie was faced with same problems all of us face. She was human and therefore fallible.



In November, a second emergency meeting was called by Jerry Stamper at his house. He and other members of the Board trashed Julie. It was particularly cruel. Three motions were made and unanimously approved at that meeting:



1. Julie Johnson was to be terminated as CEO
2. Under no circumstances would we merge or talk about merging with the other Chamber.
3. To assure the members, an e-mail blast would be sent confirming our refusal to merge.



Immediately after Julie’s termination, Jerry began referring to himself as President of the Chamber with approval from Jeff Comerchero. How convenient for Stamper Julie was now removed. He had removed the first negotiating obstacle to merge with the old Chamber. Jerry Stamper ignored the Boards’ decision to neither discuss nor merge. He secretly and aggressively persisted in negotiating with Vicki Carpenter. While he was doing that, he was denying to our Board any participation. Per Jerry’s suggestion, Vicki changed the word “merger” to “unification” because Jerry claimed the word “merger” was so unpopular with the members. Jerry even made promises to Vicki that Darcy would become the CEO of the merged Chambers. Then, from November to January, Jerry began repeating the ideas and phrases of Ms. Carpenter as if they were his ideas. “We need to keep the community unified. We can’t make enemies. We must not divide the community. . .” Just what defined “community” by them is a question to me? Most of Sun City Area is a retired community and a Chamber is designed for non retired business people to promote commerce. Jerry’s actions and secret efforts were truly counter productive to the Chambers goals.



Three hours after Julie’s termination, Ron and Betty Royer were at the Chamber office offering their loyalty to the Chamber and asking Cora, Julie’s former assistant out to lunch. After that The Royers’ began patronizing Jerry Stamper, Joan Ring, and Cheryl Ferrulli for positions of power in the Chamber. (Is it any surprise Betty Royer is currently on the Board of Directors. Ron Royer is chair of EDC?)



It wasn’t until January 2006 that all of the Board members got complete insight into Jerry Stamper’s aggressive role in attempting to negotiate a merger without prior Board knowledge or approval. From the November ‘05 meeting to January, Jerry was saying to each member of the Board; “Oh, poor me. I am under so much pressure. I don’t know what to do. They keep calling me and sending me letters asking me to merge. I just can’t handle this. I have to answer them. We have to acknowledge them” When questioned about the degree of his effort towards this attempted merger, he denied any action on his part and claimed the Directors of the other Chamber of the Menifee Valley Chamber just kept calling him and putting pressure on him in spite of refusal to talk to them.



My first awareness of what Jerry was doing came to me through Cheryl Ferrulli who had a habit of calling me every evening from 7 P.M. until 10 P.M. from November to January. Cheryl continually bragged she is one of Laurie Stone Rubin’s best friends and has spent many Christmas Eves at Jeff Stone’s home. Cheryl provided me with information I had no way of knowing unless it came from her. I acted upon much of that information only to have it used against me later. She discussed details about Laurie Stone Rubin’s life,--her divorce, her mother’s cancer and Laurie’s fear of her own cancer in January 2006,--Jeff Stone, all she had learned about Jerry Stamper and Izzy, and Ron & Betty Royer whom she and Joan Ring repeatedly claimed they particularly disliked. (At least that is what they continually told me about the Royers. They called theRoyers passive/aggressive. Were they talking out of both sides of their mouth?) Cheryl was furious among other items about Ron Royer’s vicious treatment of one of the service vendors at the Christmas in Menifee event. She told me she made Ron apologize for it. Cheryl claimed she despised Jerry Stamper and wanted to do everything in her power to derail his position as Chairman of the Board. When she realized how close Jerry was to succeeding in obtaining a Board quorum to discuss a merger, she enlisted Joan Ring, Sharon Crow and me to vote against it. Later when she realized Jerry had asked Gus Telfer Hernandez to join our Board she became livid. She called me and talked for days saying that Gus was part of a World Gym scandal and that his wife cheated Laurie Stone out of $500. It later turned out it wasn’t the same Gus who cheated World Gym investors but she claimed it was true that this Gus’s wife cheated Laurie out of $500. Please bear in mind this was information I would have no other way to obtain except from Cheryl. She very much coveted the CEO position and resented that Jerry Stamper was reluctant to give her a full contract. After Jerry’s motion to discuss a merger with the other Chamber was clearly defeated at the January 2006 Board meeting, vital information came forward from Cheryl which exposed Jerry in all his deceitful actions and bald faced lies. Jerry had been bragging to Brian Eckhouse of the Californian, one month prior that the Chambers would merge. In a telephone conference call with Brian Eckhouse, Joan Ring, Cheryl, Jerry Stamper right after the Board meeting, Brian repeated twice to Jerry: “This is a 180 degrees opposite from what you told me last month.” At that point, Jerry Stamper was clearly the “Emperor and His New Suit of Clothes.” He was naked and we all saw it. I was appalled and disgusted that Jerry abused his position as Chairman to deceive his own Board while misrepresenting his powers to the Directors of the other Chamber. It was the perfect time for him to be asked to resign his position as Chairman. If Jerry had any integrity he should have automatically resigned for the highest and best good of the Chamber. In my mind it was the fiduciary duty of this Board to make him accountable and ask him to resign. He had proven himself to be a liar, failed to act for the good of his own Chamber and abused his position as Chair. Why then, was he not asked to resign from his position as Chairman of the Board? Why was he allowed to step on stage at Jeff Stone’s EDA Luncheon? In spite of my objection at the January Board meeting to Jeff Comerchero about calling Jerry president, Comerchero still introduced Jerry as courageous founder, leader and President of the new Chamber. Then Jerry stumbled, mumbled, before 600 people? After that I was keenly aware there something very, very wrong with this Board.



I talked to Joan Ring; Cheryl Ferrulli, Sharon Crow, and tried to talk with Thad Luyban. Why, I asked repeatedly after all the lies, deceit, Chamber bylaws violated by him is Jerry Stamper still Chairman of the Board. Sharon Crow told me “the problem was settled so shut up. You are acting like a high school kid.” Cheryl Ferruli agreed he lied to us, but said we had to go along with him. (Why we had to do that she never said.) Thad never returned my call. Joan Ring agreed he did wrong by lying to us, that he is weak, he is forgetful, and makes bad decisions but advised me to put up with him just a little longer. She said he couldn’t take much pressure and was planning to retire in June. I stated I would continue to serve on the Board under protest of Jerry as Chairman. Joan became extremely hostile at that moment and said; “Don’t you dare.” Since it was obvious there was some – unknown to me ‘buddyism’ going on between Jeff Comerchero and Jerry Stamper, I never even bothered to waste my time trying to talk to Jeff. What was wrong with the picture? Why was I feeling the Chamber was being sabotaged? It became very clear this was nothing more than a cover up of Jerry Stamper’s harmful actions to this Chamber. As I began to mentally focus on my question, all the little ‘this’s and ‘that’s’ I had heard and ignored about Joan Ring and Jerry Stamper began to haunt me. She made a big issue at the February Board meeting to tell Jerry what a great job he did at Jeff Stone’s luncheon. (All who saw him that day know he made a fool of himself on stage). It definitely seemed the promoter of the cover up was Joan Ring who had convinced others to go along with her. It appeared to me Joan protected Jerry like a jealous lover. That is why Jerry was never asked to step down as Chairman of the Board. That is why a memo I sent March 7, 2006 addressed only to Joan and Cheryl was shared with the other Board members and used as an excuse to attempt to oust me. The memo vented over my issues about Ron Royer’s self serving interests and Cheryl Ferrulli’s failure to stand up on behalf of a Director over a rather difficult member. The memo closed stating I didn’t think anything would change, “I was merely “clearing the air.”

Since then they spent $17,000 in legal fees trying to keep me out. This is a non profit corporation and that is how they spent membership money. Now they have zero in the bank account. That’s a lot of malice from a group of people who claim to be so pure yet bash me.



Since they barred me from my seat on the Board for eight months, the Board approved talks regarding merger with the other Chamber. Let me be very specific on this issue. It is one thing to work with Boards approval, and quite another to lie and do so without Boards’ approval as Jerry Stamper had done. Now that Jerry Stamper has Board approval, does not exonerate the fact that he had lied and misrepresented the Board from November 2005 to January 2006. The issue of Clinton’s impeachment was not that he had an affair with Monica Lewinsky. The issue is that he lied about it. Though Clinton prevailed, it still didn’t change the fact he lied. The Board’s later approval of merger talks doesn’t change the fact Jerry Stamper is a proven liar and the Board covered up for him.



March 8, 2006, Jerry Stamper e-mailed and via regular mail a letter to resign or they would terminate me due to my “lack of respect for the leadership of the Chamber.” It was supposedly signed by the entire then existing Board. They not only attempted to terminate me as a Board of Director but my membership as well. This was obviously a retaliatory act by Joan Ring and Cheryl Ferrulli. Where was the wisdom and good leadership in that? Was that their idea of acting in the highest and best interest of the Chamber? Among the many peculiar items about Jerry’s letter was the fact that it failed recognize me as one of the leaders. Was it before I sent the memo or after I sent the memo they had decided I wasn’t one of the “leaders” of this Chamber? Having served in various positions on Boards of non profits for over 25 years in the greater Los Angeles area, I had the opportunity to acquire experience and knowledge about them. I have been a member of four Chambers and served on the Boards of two. Based upon this past and more recent experience, I can objectively say six of the current Chamber Directors are unqualified for the reason listed below and other reasons that will come forward later:



1. Incompetence Not one of the six Directors ever took the time to learn, understand, and abide by its own laws and bylaws. They do not even know they are supposed to keep the Chamber corporate book complete with all minutes available at all times for member inspection. What kind of decisions in the Chamber’s best interest could they make without knowledge of the California Corporate laws and their own Chamber’s bylaws? What a display of absolute arrogance to not know non profit corporate laws.



2. Moral turpitude Instead of dealing with Jerry Stamper when it was obvious to all he was misrepresenting himself as President after Julie was terminated, they pretended it was O.K. Why is it O.K. for Jerry to do that and not O.K. for me to disagree with it? What kind of credibility is that?



3. Conspiracy to cover up & moral turpitude When it was discovered Jerry was violating his position as Chairman of the Board and negotiating an unauthorized merger with another Chamber, they covered it up. Jerry Stamper was nothing more than a mole for the other Chamber. How honest was and is this to the members who wanted a new and more progressive Chamber? What kind of ethics, morality and integrity did that show? (I am well aware Jerry has since manipulated the Board and created committee to explore a merger. A merger is pending.)



4. Conspiracy to commit an egregious act against another Board member When I protested too much, they conspired via secret meeting to commit an egregious act against me by attempting to illegally terminate me. Then they persisted in their malice for eight months by refusing to respond to all reasonable attempts to discuss the matter. They incurred a $17,000 legal bill doing so. How did the Chamber benefit from that?



5. Moral turpitude & incompetence They don’t believe in a Director’s right to opinion and free speech. Therefore, to successfully serve with them, a Director must agree to censorship. They do not run a Board, they run a dictatorship. What they were too ignorant to understand, is -- it is the duty of any Director on the Board to look into the moral fiber, track record, ability and character of any one looking for positions of power within the structure of a non profit corporation. Any good leader knows the importance of good character and integrity is imperative. I had good reason to write the Board memo’s to other Board members about my doubts of Jerry Stamper as Chair, Ron and Betty Royer’s persistent patronizing, and Gus Hernandez after Cheryl had made such a big deal about Gus’s wife cheating Laurie Stone. I had no reason to suspect Cheryl would misrepresent her information, her feelings, or intentions and later deny she did so. This Board is so ignorant. It attempted to use the memos written by me and given only to a couple of Board members as evidence of wrong doing on my part. What they don’t know is that those memos only demonstrate how passionately dedicated I was in performing my duty as a Board member.



6. Malfeasance When confronted with overwhelming information complete with quoted points and authorities, California corporate laws, about their illegal activities, they ignored the facts, placed themselves above the law and did as they please. They showed total contempt for any law just as they are showing contempt of a signed court order now. They preferred to create a $17,000 legal bill. How safe is any other good willed person serving on their Board? How safe is the membership?



7. Malfeasance & moral turpitude They violated their own oaths, bylaws, California Corporate laws and California Fair Practice laws. They chose to serve each other rather than the Chamber. They betrayed their own members. How seriously have they compromised the Chamber’s straight line effort to success? They lost over 150 members. Now the best they can do is merge? Isn’t merging what started the whole conflict last January 2006?



8. Moral turpitude, malfeasance & incompetence When finally forced by Riverside County Superior Court to deal with this issue, they tried to make up lies about me be claiming I “threw chairs.” When asked to prove so in writing they forwarded a meaningless letter by Carol Crocker intended to prove my unworthiness as a Director. It was so incompetent she wrote “a man invited by me (Therese Daniels) to the EDC committee meeting was not even a member.” He had been a member since August of ’05.



9. Continued incompetence, malfeasance & malice Since they realized they agreed to accept me via Court Order, they are once again violating Chamber, California corporate, and Fair Practice laws and illegally placing this issue on the agenda of the General membership meeting this January 11, 2007. They now want to attempt to discredit and debase me to the membership and use the membership’s lack of knowledge about the true facts to vote me out. They want to do so by bypassing the proper method of giving me an opportunity to defend myself. How honest and fair is that? Is this action of a Board of integrity or a Board of incompetence?



1. Their response to the e-mail I sent them informing them they were holding secret Board meetings again was to hold a special Board meeting on January 2, 2007 at 2 PM. They chose to ignore the four point written statement I gave them explaining their foolishness if they persisted in keeping item IV on the agenda. Then they tried to convince me if I responded in my own defense as to what they have done to you and me, I would be only making my reputation worse. Now this is where I get confused. Isn’t being asked to be removed from the Board of Directors by the entire membership a direct public discredit and debasement of me? Yet, they want to do that to me and expect me to coyly turn the other cheek and say nothing in my defense. If I am already destroyed how can I do any more damage to myself?



2. Now they knowingly have voted to keep item IV on the agenda regardless of the consequences they bring upon themselves, this membership, and any future public relations. They are smug certain they will get away with this because think a merger with Menifee Valley Chamber is eminent. Imagine how that Chamber will feel when it finds out this brilliant group chalked up a $17,000 legal bill for a cause they could not win.



When Menifee/Sun City Chamber began, it promised its members a newer and better Chamber than Menifee Valley Chamber of Commerce. They lied to the people who joined on good faith. They failed to keep their promise. What makes a Chamber great is its leadership, the participation of the membership and the results their efforts bring the membership. In the approximately 14 months since they trashed Julie and the ten months since they barred me from service on the Board, they failed at every project to show the smallest profit, to bring strong membership turn out, to boost member’s businesses, to make a great Chamber or stand out in pride and joy in the community. This is the price this new Chamber has paid because of Jerry Stamper’s poor leadership, choices in people to serve on the Board and sabotage of this Chamber’s success unchallenged by any one but me. Consequently, is the only action left for this Chamber to merge with the old Chamber? Is this wise and good leadership?



The above article is a clear and true statement to the best of my knowledge.



Therese Daniels



Cc: To attorney Richard Lowe, Brian Eckhouse of The Californian, Members of Menifee/Sun City Chamber and Menifee Valley Chamber, Julie Johnson any and all persons.



No matter how loud, much or colorfully the people mentioned in this article deny and protest, we have a large file with copies of the court filed documents, minutes, news paper articles, e-mails, letters, including names of witnesses, and more that document and prove the accuracy of the above statements in this article. Let the mud fly!

The January general membership meeting was held and they illegally held a vote in which they claim they got sufficient votes to remove me from the Board. Once again they violated their own Chamber bylaws because:


1. The provision in the bylaws applies only to a general member and not a Board member
2. They still did not give state what I did wrong.
3. I am not even certain the vote count was honest

What is wrong with the people of Menifee Valley? Don't they care if they are dealing with ignorant, self serving manipulative liars who ruthlessly ignore the standards of ethics, honor or integrity? It seems lawlessness prevails! Do they really think if they sleep with dogs they won't get fleas? I don't know about you, but I for one will not do business with any business who is a member of the Menifee/Sun City Menifee Chamber of Commerce.

Why Shout

Consistency

By Ralph Waldo Emerson

A foolish consistency is the hobgoblin of little minds, adored by little statesmen and philosophers and divines. With consistency a great soul has simply nothing to do. He may as well concern himself with his shadow on the wall. Out upon your guarded lips! Sew them up with packthread, do. Else if you would be a man, (woman), speak what you think today in words as hard as cannon balls, and tomorrow speak what tomorrow thinks in hard words again, though it contradicts everything you said today. Ah, then exclaim the aged ladies, you shall be sure to be misunderstood. Misunderstood? It is a right fool’s word. Is it so bad to be misunderstood? Pythagoras was misunderstood, and Socrates, and Jesus, and Luther, Copernicus, and Galileo, and Newton, and every pure and wise spirit that ever took flesh. To be great is to be misunderstood.


Isn't it a crying shame that seniors who have saved all their lives, paid in full their properties to live a worry free retirement now live in fear of non judicial foreclouse for having committed no crime. They live at the mercy of an inept, malevolent, useless HOA .

To expose injustice wherever it is discovered!



Newspaper

The best friend injustice has is silence. That is why it is so necessary to speak out when you become aware of a wrong of any kind by anyone. The injustice to your neighbor you ignore today, may become the injustice you suffer tomorrow. That is why I shout. You should shout, too.

Soften Your Heart

by Margaret Tyson

SCCA's hearts are hard and cold

it could be believed that they hate the old.

And the seniors that live in the core

Pay and pay until we're poor.



Our social security income is fixed and low

it doesn't go very far you know.

Up went the fees for 2000, last year

and going up again is what we fear.

We feel abondoned, alone, and lost

We can't afford this outrageous cost.

Is there a better way to get what they need?

do they have to hit us until we bleed?

When we're in the red and coming up short

our frivolous spending we have to abort.

Medication, rent and food are first on our mind

to take that away from us is very unkind.

The SCCA is hurting us where we live

our pockets are empty, not much to give

So soften your hearts and give us a break

We don't have the money you want to take.

Disolve the SCCA. We do not need their abusive management. They need our money!

Saturday, April 19, 2008

Does Sun City really need CC&R's and an HOA?

Does Menifee really need Sun City Civic Association CC&R's and an HOA?

It's been proven beyond the shadow of a doubt the CC&R's and the capricious enforcement of them fails to protect the value of our properties. All it does is harass residents. Isn't it just a bit embarrasssing to be designated a blighted area after being constantly told we are paying dues to have our property values protected? Isn't that why SCCA board keeps Donald Miller on the pay roll? The residents of Sun City are senior adults, not children and not criminals and not charity cases. Do we really need to be spied upon as if we were? Other than take our money and harass us, just what does the board do for us? As far as the swimming pool and work shops go, we don't need an entire HOA to run them. Any single manager could do that for far less the cost. This HOA is like a black box with a button. Push the button and a little hand comes out and turns itself off. Sun City residents don't need an HOA whose only purpose is self perpetuation.

For some perverse reason the SCCA Board seems to think being an age 55 senior community is a major benefit. If so, just what are the benefits? Don Weddle was recently quoted in the Press Enterprise justifying the codes enforcement officers because some homes might have people under 55 living in the Core. (Isn't that a real threat to society?) Would someone please tell me what is so important about keeping the age limit to 55? People are senior adults at 45. Another proof that CC&R's do not protect property values is the age limit of 55. What do you think would happen to the property values in the core if the age were dropped to 45?

CC&R's were written by lawyers over 45 years ago based upon condominium standards.The core of Sun City is made up of single family homes. Most of the issues in the CC&R'S are stupid, ridicules, invasive, too restrictrive, and violate human rights.They are also poorly written as they are contradictory, vague, and left to arbitrary interpretation. However, SCCA'S enforcement of them is capricious, reclacitrant and cruel. The CC&R'S used by the SCCA are neither divine, Gospel nor the Bible. They were created by man with out foresight for the life styles in at the turn of the century. What is created or written by man can be changed by man. The CC&R's have been the source of conflicts between neighbors and the SCCA for years. They have been used as a sword and a whip against residents and made their lives a living hell. This has robbed members of the quiet enjoyment of their home. The SCCA claimed they do so to protect property values. This is a lie. Sun City is declared a blighted area. Under SCCA leadership, Sun City has gone down in value in relationship to the new communities that are built to our borders. It is time to put a moratorium on these stupid CC&R's and start planning to bring Sun City into the Twenty First Century and eventually the City of Menifee Valley. Edit Text

letter to Don Weddle continue. . .

I take #9 to clearly mean that neither fence nor landscaping should be planned that blocks the view of any adjacent lot. What seems to take precedence in the language of #9 is the importance of maintaining the view. Obviously, the first concern is protecting resident’s golf course views. That is the primary purpose of the CC&R’s. Views are the reason people choose to live on the golf course. Good view lots bring premiums. One item that is perfectly clear in CC&R#9 is “. . . no solid wall. . .” any where between the lots. The plastic wall erected by Carl Fuess is solid. How is it SCCA can bend or ignore the rules for him and do nothing to protect me? ? ? Am I not also a paid member in good standing? There is everything in the Del Web design of Sun City, tradition, intent, and CC&R#9 that suggests it is not O.K. to build a fence where it will block the neighbor’s golf course view. As a realtor of thirty years having worked on many new home communities, I can assure you protecting a golf course lot view is the highest and best interpretation of that CC&R#9.

Many things people have done prior to 1993 have been grandfathered. The two foot block wall along the adjacent property line to my neighbor was built when this home was built. Why then, is it not considered “grandfathered in” and accepted the only fence necessary between the properties? How could SCCA so flagrantly violate 40 years of tradition between these properties by permitting a six foot solid plastic wall. Plastic wasn’t a material that was used for fencing way back in the “60’s. How could the writer of CC&R #9 have known to exclude plastic as an undesirable material? How, then is the code enforcer permitted to condone the use of that horrible material? To date, the only plastic fence in Sun City Core is the one built next door to me. Originally, Del Web had an architectural review board that would have denied the use of such a horrible material. Today materials are supposed to be approved by at least two board member. Did any two board members make such an approval? If so, is heavy solid plastic fencing meant for ranches going to be the trend in Sun City?



In the eyes of the law it might appear both neighbors are guilty of something. However every case has elements that make it unique. Every situation must be judged on the pertinent facts. From the surface, it appears as if two cranky, stubborn people are having a battle of wills. Taking a closer look will show it is quite a different picture. It doesn’t take a mental giant to recognize the circumstances of each neighbor is entirely different. One neighbor is a living resident who plans to stay there until death do her part. The other is an absentee investor whose only purpose is to sell for profit and move on. One lot is on the corner of a busy street. The other is an inside lot. There is a clear right and wrong situation here. There is an innocent victim. There is a bad guy. Consequently the same arguments are not going to apply equally to both. For example, when I first realized a six foot solid plastic wall was going to be erected and Fuess was too belligerent to be reasonable, I went to SCCA and filed a complaint against Carl Fuess. I also went to the building department to check on the concrete damn he built next to our property line. When he threw one of my potted plants at me and seriously injured my right arm, I filed a police report against him. When I sent a letter to the broker who is marketing his house, I was merely alerting him of a DRE disclosure law. Carl Fuess took it as if I were trying to prevent him from selling his place. (He evidently wants some unsuspecting family to buy his over priced by $60,000 property and let them deal with a controversial fence he built.) All my actions were hopeless attempts to protect myself, my property, and my peaceful life style I had enjoyed from 1998 to July 2004.



Carl Fuess damaged my concrete patio by cutting a wedge eight inches deep and cracking a large corner from the slab. He refuses to compensate me for the damage.(not the SCCA problem) He arbitrarily cut two inches of the patio slab claiming it was encroaching on his property. He did so without the benefit of a licensed surveyor. He talked to as many neighbors as he could trying to get them to say something negative about me. He perjured himself in a sworn statement in a petition for a TRO. Carl Fuess also filed complaints to SCCA that I was operating a business from my home. (If I were, how did that hurt him?) When that failed, he complained to the County building department I added a room without a permit. (If it were so, how did that space interfere with the quality of his life?) When that failed, he complained to SCCA about weeds in front of my house. (This was the first letter I ever got from the SCCA about weeds since I moved here in 1998). As late as April 29, 2005, I received a letter from SCCA claiming a six foot block wall that was built by Del Web when this house was built was in violation of CC&R#9. That wall, built for security reasons was grandfathered in. Yet, I was told by SCCA it was a violation and I had to take it down to three feet 25 feet the rear property line. In each and every one of these issues Carl Fuess used SCCA in an effort to hurt me. Not one of the issues Carl Fuess has attempted to use against me impinges upon his personal life style, value of his property next door or in Wildomar. The removal of a wall that enlarged an existing interior space, my little quiet home office, nor six foot block security wall between my property and Murrieta RD. in no way shape or form caused him harm, inconvenience, or economic loss. All those complaints, plus his conspiracy with a certain Sun City Broker to slander me and do me harm in the civil courts were done with pure malice. He clearly demonstrates by his actions an active desire to do me harm. I constantly feel I am being stalked by him. So if any one wants to minimize the nature of this conflict between property owners by claiming that what Carl Fuess did to me was no different than what I did to Carl Fuess, please note the difference. I am a resident whose life style and property have been severely damaged directly by Carl Fuess with the blessing of SCCA.. I have been fighting to defend the value of my property and life style without malice within the parameters of the system. He is an absentee speculator, who has suffered no harm from the items he complained about me. This isn’t an equal battle. I am being harmed and victimized by his actions and the SCCA participation in many of his actions.



This long tiresome letter is only the tip of iceberg of the harassment I have suffered. I hope you will take a serious objective look into this matter. Please reevaluate your position regarding that ugly solid plastic wall and understand how important this is. Sun city does not need plastic walls and fences “to make good neighbors”. It needs good leadership. I have abundant documentation regarding the statements made. I would be glad to supply them to you if so needed.



There is no law against being a mean spirited, knuckle headed jerk. There also is no law against exposing mean spirited knuckle heads to the world. So if sneaky Carl Fuess thinks he can hide behind the disguise of a good considerate Christian citizen, he is mistaken. The community needs to know there is a vicious wolf in sheep’ clothing running loose in this community. Other innocent residents need to know what price they will pay if they dare to fight for their rights to maintain their life style and property value. This is why I’ll be sending copies of this letter to the many concerned people listed at the close of this letter. . . .

CC&R's, Control, & Property Values

Sun City is a designated blighted area!

Cities of the Living Dead or

10 Strikes why senior only communities are a very bad idea



Yes, idea of 55+ communities has become very popular in the last twenty five or so years. The senior only community brochures are gorgeous. The life style the brochures present is retirement paradise. They should be. The developers paid $100,000 plus to sell a dream. The brochures have been psychologically designed to convince young seniors their community offers a way of life people always wanted but couldn’t afford or had to wait until the last child graduated college or got married. The developers, at long last, created a life style that offers everything from security gates, swimming, golf, club houses for avid bridge and other board game players, arts & crafts, boating, horse back riding, minimum property up keep because the association does it all for an affordable price. They promise a home owners association (HOA) run by the titleholders. Best of all is no little noisy skate boarding brats will be seen or heard in this utopia! Free at last! Free at last. Peace and quiet from the obnoxious noise of children! Who wouldn’t want to live in paradise?



The brand new developments are seductively gorgeous from the outside. While they haven’t all been sold out, seniors are anxious to buy believing they will get all that paradise offers and a big appreciation on their investment, too. The seniors are young and still full of vitality at the time they choose to buy into the community. They whole heartedly believe living in a deed restricted community will keep their property values up because the restrictions will keep their neighbors under control. About 10% of titleholders living in any senior community think they are great. The first thing they will say is how much they enjoy the peace and quiet of no children. They don’t seem to notice the price titleholders pay for no children around the community isn’t worth the price of the liabilities they face? Most of seniors are so hard of hearing they wouldn’t hear children any way!



Deed restricted senior communities are a net made of thousands of laws that diminish property owner’s Constitutional and legal rights. The thousands of laws are interpreted in an arbitrary manner by the HOA Boards, management companies, their attorneys, arbitrators and judges. Hopeful people blinded by the hype and failing to see through the veils of illusion have been standing in line to buy into a nightmare. HOA’s, legally have their hands on titleholders’ pocket books and property. The way it exists today, titleholders have very little to almost no judicial recourse in the event of a dispute between members and the association. In the event of a conflict between a resident and the association, the dream turns into a nightmare. Take a look at the hard reality.



Strike One



Most people retire on a fixed income that fails to increase as rapidly as the cost of living. No matter how reasonable the monthly HOA dues are in the beginning, eventually it comes to a time they have to be raised. They can be raised as much as 20% per year every year. It doesn’t take too many years before the dues become exorbitant. Refusal or failure to pay these dues (no matter what the reason) will result in fines. The fine will be converted into liens which will lead to non judicial foreclosure upon a resident’s property. Even if the property is owned free and clear by the titleholder, if the dues remain unpaid, titleholders can be foreclosed upon. Fines for failure to pay dues are not the only fines that can be imposed. If the Board accuses a titleholder of failure to comply with one of the endless petty rules, whether or not it is so, the titleholder can be fined! Illness or financial hardship is no excuse. Failure to pay monthly dues or fines will ultimately lead to foreclosure. By excessive fining of seniors temporarily living in assisted living facilities, they have legal cause for non judicial foreclosure upon the luckless senior. How safe is senior’s investment?



The power of non judicial foreclosure also exists in non senior deed restricted communities. The difference is the titleholder’s is much younger, income is usually not fixed and the property isn’t going to be their last.



Strike Two



Deed restricted titles are inferior to all other titles.

“. . .it is not an “investment” in the financial sense, because it is not under the homeowner’s full control. . .

When you purchase in a common interest development you are banking on only one thing: marketability. . .” Villa Appalling,by Donie Vanitzian







When real estate markets go side ways, the first communities to suffer major depreciation are deed restricted senior communities. The last places for them to appreciate when the market returns in favor of sellers are deed restricted communities. They are a double whammy.



a. Deed restricted communities are less desirable and harder to market because of the excessive rules and the monthly HOA dues.

b. It is more difficult to obtain loans because lenders want to access HOA Board minutes to assess the competency of the Board

c. The buyers’ market for senior housing is reduced by 60% or more



This means if a senior has to sell his home because he needs to go to an assisted living home, chances are it will sit vacant for a very long time. If there is a mortgage on it, he may have trouble paying it, the HOA dues and the assisted living costs. Renting the unit would be the next best solution. However, many of the communities have rental restrictions. That could make it impossible to rent the unit in hard times. That will definitely lead to non judicial foreclosure.



Strike Three



Senior communities have become the dumping ground of convicted pedophiles. This is an automatic creation of a criminal society.



Senior communities are visible crime targets and are among the most vulnerable in our population are the elderly. 55+ only communities concentrate a large population of elderly in one location. The crudest thief knows how easy it is to break and enter a senior’s home. Some of them do it in broad day light with the senior home. One thief detains the elder at the front door while the other breaks in the back! Senior only communities have become a Mecca to the barracudas and sharks who know precisely how to survive and profit off helpless, needy seniors. Where there is a senior only community, there is a swarm of flim/flam people, con artists, back stabbers, and cork twisters who can fleece a senior so smoothly, the person doesn’t even recognize he/she has been robbed.



These vultures become self appointed care givers, pretend to be relatives, marry the seniors, or simply pose as well intentioned do-gooders who ultimately get their hands on senior’s money and property. They use many tricks. They find seniors who have no known relatives or near by friends. Senior communities are plagued with these bottom feeders lurking in the shadows. Gates don’t stop thieves or scoundrels who prey upon the elderly. Thieves have no problem getting past gates. Often, it is the elderly who unwittingly invite them in. Among this collection of ill intentioned smiling faces are HOA members and even some board members.



Strike Four



Seniors suffer the loss of privacy rights. All privacy is gone once a buyer has taken possession of property in a senior community. The HOA has the legal right under the Unruh Act to demand private information. The titleholder must agree to show proof of age to the HOA Association prior to occupancy and every two years there after. The right to live and grow old was once sacred and private. Visitors and guests were once no one’s business but the titleholder. Titleholders are required to give to the association the name and proof of age of a visitor who stays longer than a month. Titleholder’s children or grandchildren are only allowed to stay one month if they are younger than 55. A doctor’s note must be obtained and presented to the association if a care giver younger than 55 is going to live in the residence. Failure to comply will result in fines which will turn into liens which can lead to non judicial foreclosure upon the senior’s property.



Strike Five



Retirement communities interfere with the rights of families of helping their children in times of emergency or crisis. Living in a 55+ only community restricts titleholders from allowing their children or grandchildren to live with them for longer than periods of one month should an emergency or crisis arise in the lives of their children. In a case in one community, the grandchildren’s parents were killed in a car crash, the grandparents were not be permitted to let the grandchildren live with them. The HOA forced them to sell.



d. In today’s tough economic times seniors’ children may suffer serious economic set backs, and may need to move in with their families for awhile. If their children are under age 55, the HOA will forbid it claiming it is a violation on the Unruh Act



e. The family will be forced to sell or move out if it wants to raise its own grandchildren due to unexpected tragedy



Strike Six



As people in retirement communities age their interest in voting wanes.

The majority of first buyers in newly built senior communities are in their mid fifties to early sixties. They still feel as if they can conquer the world and have time for a swim or game of golf. They are planning this purchase to be until death do them part. This means in twenty five years from the time the community is totally sold, the majority of the community population will be seventy five to eighty years old. Aging doesn’t come alone.



“Health problems in older adults cause slower reaction time, reduced vision and hearing, impaired body movement, and slower decision making. Health condition such as glaucoma, arthritis, stroke, Alzheimer’s disease, etc.. . .” California DMV Driver’s Hand Bookl



Because of this natural aging process, seniors’ focus change from objective to subjective. At age 85 going on 90, they are now more concerned with living through another day with out pain, or crisis. Will they get their meds in time or have enough money to pay for them. Seniors become apathetic, lose interest in community activities. All the senior clubs and activities have dwindled down. Most of the clubs are lucky if 10% of the members participate. Consequently the introduction of new ideas, understanding of current events, changing systems, computers and new technology, staying informed and up to date is often lost upon the majority senior population of the now very old community. Ultimately it is very difficult for senior associations to even get a quorum for required voting. The voters often don’t realize the issues for which they are voting in favor are not in their best interest, against their own rights, and often illegal.



When the majority of the community’s population has become too old to understand, it is not very difficult for a handful of younger and more alert senior members with hidden agendas to grab power and control the rest of community. This is the perfect blue print for power hungry, unethical people to create malevolent HOA Boards. Often Boards and their property management companies are acting illegally and the titleholders don’t even know it. Because of the lack of any specified requirements to serve on the board, quite often the board doesn’t even know when it is acting illegally.



Strike Seven



Quite often, the people who serve on the boards are unqualified and unscrupulous.



“When criminal liability is not charged against the “criminals” in an association, then the titleholders become the Human Capital used to fund the criminal activities and wrong doing.” D. Vanitzian author of Villa Appalling, Destroying the Myth of Affordable Living



Under current legal system there are absolutely no criteria or qualifications for people to serve on HOA Boards. This means any one who is popular enough with the association members can be and usually is elected to the Board. Many of those who serve on these boards never even graduated high school. Since the average titleholder has no past experience in serving on the Board, this means the average HOA Board has no experience. This is where it gets frightening. The inexperienced board has its iron clad grip on the titleholders’ money!



“Titleholders fund the excesses of errant boards and their errant third party vendors and agents because the California laws have no meaningful incentive for deference of such crimes when they occur in residential common interest development.” D. Vanitzian (author of Villa Appalling, Destroying the Myth of Affordable Living )



Strike Eight



Board members receive benefits at the price of the titleholders. Many buyers of deed restricted properties don’t understand the negative affects of HOA boards. They like the idea of an association governing the community in which they plan to live. They mistakenly believe it controls their neighbors and thus keeps up property values.



Another myth some titleholders believe is because the Board members are all volunteers they receive no remuneration or reward, they are above reproach. Any titleholder who believes that needs to take a second look to understand why people so selflessly volunteer.



“What of the board director who does not receive a "financial benefit" for his services on the board? There are also non-economic benefits for being a director. In one such situation a board director was known to "get off" by signing his name as the association's C.E.O. This allowed him to represent himself to the outside world as a "somebody" where he would have otherwise been a "nobody." Playing C.E.O. and receiving the non-economic benefits of "recognition" accolades, plaques, applause, and the like, are no different than the $15.00 haircut. Why? Because they deprive the titleholders of full advantage of the corporate protocol at the expense of an inept board director who has nothing better to do than waste his position on the board and misuse authority => for no other reason than "he can." [FN1] The same can be said for the board director who is a "yes man" to a management company or association advisors. Actions like these should be considered a WASTE of corporate assets--the assets being valuable time lost that cannot be regained at any cost due to the connivance individuals merely sitting on the board of directors because it makes him/them feel important or boosts their collective egos. Doing "nothing" but sucking up to vendors is also costly and it is a breach of the board's fiduciary duty to every owner who has an interest in property and whose assets are at risk in that development. [FN1]



Board directors are supposed to be independent thinking decision makers. Playing "follow the leader" is a breach of duty, especially when the "leader" is a board director beholden to a vendor with a contract at that association. It is also a breach of duty to "follow" third party vendors AS IF they are leaders, and to do the same with management companies, their personnel, association advisors, or managers in general places the association and all its titleholders at risk. The board's duty is to supervise and oversee every such entity without fail and to NOT follow them to the grave or jail, whichever the case may be. Yet at the same time, every board of directors are vested with the authority to, in a sense, criminalize and punish the behavior and actions of their neighbors who own property and reside under the same corporate umbrella that the board director controls.” [FN1] Donie Vanitzian, author of Villa Appalling, Destroying the Myth of Affordable Living









Strike Nine



Opposing information about vital HOA issues is never available. Titleholders need as much information as possible to remain informed and make objective choices and decisions. Pro and con facts are vital in decision making. The unwritten HOA rule is the only information titleholders receive about their HOA is from the Board or its property management company. Such information is biased and incomplete. There is no opposing information to show consequences, possible liabilities, negative affects upon the titleholder, or any other price it may cost the titleholder. This limits the members’ ability to vote objectively.



In spite of flagrant wrong doings by association boards, the local news papers have an indifferent attitude towards titleholders’ problems and either refuse to do stories about them or write stories in favor of the boards. They never take on the belly of the issues straight forward.



Strike Ten



It is psychologically unhealthy for elderly people to see only elderly people. Senior only communities segregate elders from the main stream of life. They isolate them and minimize their sense of value to their community. There is little for them to do in the running of their communities. The property management company and the board retain all the control. It’s indirectly telling senior titleholders they are no longer needed. So they can be put to pasture. It is well known that the majority of people die within six months to a year of retirement because their sense of value in life been lost.



Any health care person trained to work with the elderly will admit the worst experience for a healthy senior is to remain in the constant company of other seniors. The continued sight of only other elderly people is a mirror of their own aging and an unconscious reminder death is near. The unconscious thought of near future death reduces the enthusiasm for the quality of life. Often elderly people have difficulty getting along with one another. They can’t stand the site of other aging people.









It is unsafe to only have elderly neighbors. Senior only communities are unhealthy communities. Neighbors need to look out for one another. Often seniors become isolated. If a senior has a fall or is in need of assistance, chances are neither neighbor will hear nor be aware of the problem. If they are, they might be unable to help. Either neighbor is approximately the same age and is also suffering with his/her own health problems. If an occasional favor or errand is needed like picking something up at the store, bringing in the newspaper, or taking out the trash there is no neighbor capable of doing so. They either never talk to their neighbors or continuously fight with them. Often mean spirited titleholders use the board as a whip against their neighbors continually reporting them for any and every infraction of rules they can. Having to constantly deal with so called codes compliance people destroys a seniors’ quiet enjoyment of his own home and punishes the titleholder with excessive stress. This misery between neighbors is miserable enough for non seniors. It is pure hell for the elderly. They need to enjoy their spoonful of years.



These communities are the bane of America today! They have undermined the very foundation of American’s private property rights and Constitutional rights. They have demeaned the elderly. Personally, I think every developer who builds a senior community or any kind of deed restricted community should be tried for treason. The Department of Real Estate has failed big time to properly protect the consumer. The lawyers who have turned representing HOA’s and property management companies into a major industry should be disbarred. The Judges who rule in favor of the HOA Boards against the home owner, need to go back to school and studies the Constitution and Ethics then tried for treason.



This article is based upon ten years of experience and research the governing laws of deed restricted communities, the problems, issues of other deed restricted communities, living, and being a titleholder for over ten years in two 55+ HOA communities. If you want more information and are connected to the inter net the following web sites have abundant information about horrors of deed restricted communities; AHRC.com, Cotobuzz.com, and Spa-shout.org. Two of the best written books on this subject are Villa Appalling, Destroying the Myth of Affordable Living and California Common Interest Development—Home Owner’s Guide by Donie Vanitzian



By Therese Daniels © April 19, 2008







Does Sun City really need CC&R's and an HOA?

It's been proven beyond the shadow of a doubt the CC&R's and the capricious enforcement of them fails to protect the value of our properties. All it does is harass residents. Isn't it just a bit embarrasssing to be designated a blighted area after being constantly told we are paying dues to have our property values protected? Isn't that why SCCA board keeps Donald Miller on the pay roll? The residents of Sun City are senior adults, not children and not criminals and not charity cases. Do we really need to be spied upon as if we were? Other than take our money and harass us, just what does the board do for us? As far as the swimming pool and work shops go, we don't need an entire HOA to run them. Any single manager could do that for far less the cost. This HOA is like a black box with a button. Push the button and a little hand comes out and turns itself off. Sun City residents don't need an HOA whose only purpose is self perpetuation.

For some perverse reason the SCCA Board seems to think being an age 55 senior community is a major benefit. If so, just what are the benefits? Don Weddle was recently quoted in the Press Enterprise justifying the codes enforcement officers because some homes might have people under 55 living in the Core. (Isn't that a real threat to society?) Would someone please tell me what is so important about keeping the age limit to 55? People are senior adults at 45. Another proof that CC&R's do not protect property values is the age limit of 55. What do you think would happen to the property values in the core if the age were dropped to 45?

CC&R's were written by lawyers over 45 years ago based upon condominium standards.The core of Sun City is made up of single family homes. Most of the issues in the CC&R'S are stupid, ridicules, invasive, too restrictrive, and violate human rights.They are also poorly written as they are contradictory, vague, and left to arbitrary interpretation. However, SCCA'S enforcement of them is capricious, reclacitrant and cruel. The CC&R'S used by the SCCA are neither divine, Gospel nor the Bible. They were created by man with out foresight for the life styles in at the turn of the century. What is created or written by man can be changed by man. The CC&R's have been the source of conflicts between neighbors and the SCCA for years. They have been used as a sword and a whip against residents and made their lives a living hell. This has robbed members of the quiet enjoyment of their home. The SCCA claimed they do so to protect property values. This is a lie. Sun City is declared a blighted area. Under SCCA leadership, Sun City has gone down in value in relationship to the new communities that are built to our borders. It is time to put a moratorium on these stupid CC&R's and start planning to bring Sun City into the Twenty First Century and eventually the City of Menifee Valley. Edit Text

letter to Don Weddle continue. . .

I take #9 to clearly mean that neither fence nor landscaping should be planned that blocks the view of any adjacent lot. What seems to take precedence in the language of #9 is the importance of maintaining the view. Obviously, the first concern is protecting resident’s golf course views. That is the primary purpose of the CC&R’s. Views are the reason people choose to live on the golf course. Good view lots bring premiums. One item that is perfectly clear in CC&R#9 is “. . . no solid wall. . .” any where between the lots. The plastic wall erected by Carl Fuess is solid. How is it SCCA can bend or ignore the rules for him and do nothing to protect me? ? ? Am I not also a paid member in good standing? There is everything in the Del Web design of Sun City, tradition, intent, and CC&R#9 that suggests it is not O.K. to build a fence where it will block the neighbor’s golf course view. As a realtor of thirty years having worked on many new home communities, I can assure you protecting a golf course lot view is the highest and best interpretation of that CC&R#9.

Many things people have done prior to 1993 have been grandfathered. The two foot block wall along the adjacent property line to my neighbor was built when this home was built. Why then, is it not considered “grandfathered in” and accepted the only fence necessary between the properties? How could SCCA so flagrantly violate 40 years of tradition between these properties by permitting a six foot solid plastic wall. Plastic wasn’t a material that was used for fencing way back in the “60’s. How could the writer of CC&R #9 have known to exclude plastic as an undesirable material? How, then is the code enforcer permitted to condone the use of that horrible material? To date, the only plastic fence in Sun City Core is the one built next door to me. Originally, Del Web had an architectural review board that would have denied the use of such a horrible material. Today materials are supposed to be approved by at least two board member. Did any two board members make such an approval? If so, is heavy solid plastic fencing meant for ranches going to be the trend in Sun City?



In the eyes of the law it might appear both neighbors are guilty of something. However every case has elements that make it unique. Every situation must be judged on the pertinent facts. From the surface, it appears as if two cranky, stubborn people are having a battle of wills. Taking a closer look will show it is quite a different picture. It doesn’t take a mental giant to recognize the circumstances of each neighbor is entirely different. One neighbor is a living resident who plans to stay there until death do her part. The other is an absentee investor whose only purpose is to sell for profit and move on. One lot is on the corner of a busy street. The other is an inside lot. There is a clear right and wrong situation here. There is an innocent victim. There is a bad guy. Consequently the same arguments are not going to apply equally to both. For example, when I first realized a six foot solid plastic wall was going to be erected and Fuess was too belligerent to be reasonable, I went to SCCA and filed a complaint against Carl Fuess. I also went to the building department to check on the concrete damn he built next to our property line. When he threw one of my potted plants at me and seriously injured my right arm, I filed a police report against him. When I sent a letter to the broker who is marketing his house, I was merely alerting him of a DRE disclosure law. Carl Fuess took it as if I were trying to prevent him from selling his place. (He evidently wants some unsuspecting family to buy his over priced by $60,000 property and let them deal with a controversial fence he built.) All my actions were hopeless attempts to protect myself, my property, and my peaceful life style I had enjoyed from 1998 to July 2004.



Carl Fuess damaged my concrete patio by cutting a wedge eight inches deep and cracking a large corner from the slab. He refuses to compensate me for the damage.(not the SCCA problem) He arbitrarily cut two inches of the patio slab claiming it was encroaching on his property. He did so without the benefit of a licensed surveyor. He talked to as many neighbors as he could trying to get them to say something negative about me. He perjured himself in a sworn statement in a petition for a TRO. Carl Fuess also filed complaints to SCCA that I was operating a business from my home. (If I were, how did that hurt him?) When that failed, he complained to the County building department I added a room without a permit. (If it were so, how did that space interfere with the quality of his life?) When that failed, he complained to SCCA about weeds in front of my house. (This was the first letter I ever got from the SCCA about weeds since I moved here in 1998). As late as April 29, 2005, I received a letter from SCCA claiming a six foot block wall that was built by Del Web when this house was built was in violation of CC&R#9. That wall, built for security reasons was grandfathered in. Yet, I was told by SCCA it was a violation and I had to take it down to three feet 25 feet the rear property line. In each and every one of these issues Carl Fuess used SCCA in an effort to hurt me. Not one of the issues Carl Fuess has attempted to use against me impinges upon his personal life style, value of his property next door or in Wildomar. The removal of a wall that enlarged an existing interior space, my little quiet home office, nor six foot block security wall between my property and Murrieta RD. in no way shape or form caused him harm, inconvenience, or economic loss. All those complaints, plus his conspiracy with a certain Sun City Broker to slander me and do me harm in the civil courts were done with pure malice. He clearly demonstrates by his actions an active desire to do me harm. I constantly feel I am being stalked by him. So if any one wants to minimize the nature of this conflict between property owners by claiming that what Carl Fuess did to me was no different than what I did to Carl Fuess, please note the difference. I am a resident whose life style and property have been severely damaged directly by Carl Fuess with the blessing of SCCA.. I have been fighting to defend the value of my property and life style without malice within the parameters of the system. He is an absentee speculator, who has suffered no harm from the items he complained about me. This isn’t an equal battle. I am being harmed and victimized by his actions and the SCCA participation in many of his actions.



This long tiresome letter is only the tip of iceberg of the harassment I have suffered. I hope you will take a serious objective look into this matter. Please reevaluate your position regarding that ugly solid plastic wall and understand how important this is. Sun city does not need plastic walls and fences “to make good neighbors”. It needs good leadership. I have abundant documentation regarding the statements made. I would be glad to supply them to you if so needed.



There is no law against being a mean spirited, knuckle headed jerk. There also is no law against exposing mean spirited knuckle heads to the world. So if sneaky Carl Fuess thinks he can hide behind the disguise of a good considerate Christian citizen, he is mistaken. The community needs to know there is a vicious wolf in sheep’ clothing running loose in this community. Other innocent residents need to know what price they will pay if they dare to fight for their rights to maintain their life style and property value. This is why I’ll be sending copies of this letter to the many concerned people listed at the close of this letter. . . .