Wednesday, May 28, 2014


DEED RESTRICTED PROPERTIES ARE THE MOST INFERIOR TITLES OF ALL OWNERSHIP
Fifty + years of experience with thousands of home owners associations across the nation have taught lenders that the most inferior of all property titles are those with titles with "deed restrictions' Lenders have quickly learned that the appreciation or depreciation of value in an HOA is directly attached to the capricious whim of HOA Boards and their CC&R's. Incompetent HOA Boards can as readily depreciate the value of property as they arbitrarily demean member's quality of life as a result of over zealous enforcement of CC&R's.   
Though it is not always possible in many deed restricted properties to dissolve an association because of its type of physical structure--such as condominiums where all that is really owned is air space or a particular gated community. These factors do not exist in the SCCA Core.  It is neither an air space only HOA nor a gated community.  It is a corporation owned by the members. As a corporation run and owned by the titleholders its members have the right to vote to dissolve it.  Then have all the common properties owned by SCCA--the Campus, Corbett Park and others appraised and sold.  The net proceeds of the sale be equally distributed among the 4762 members.  What if the combined total of common properties were appraised for twelve million ($12,000, 000) and sold for ten million?  Supposing that netted to $9,000,000.  $9,000,000 divided by 4762 members = $1889.96. Who wouldn't want to receive a check like that instead of a $500 fine because the palm fronds weren't cut in time? THESE ARE ONLY GUESTIMATE NUMBERS.  THE PROPETIES COULD APPRAISE MUCH HIGHER THE NET PROFITS MIGHT BE HIGHER, TOO. 
Deed restricted properties deprive home owners of obtaining the highest market value and quality of life. If you want to enjoy true market value of your property, live without invasive codes enforcement, stop attending endless, useless meetings, update your property without limiting CC&R’s and enjoy remuneration from selling off SCCA “Campus”, then start organizing to get 51% of the membership vote to dissolve SCCA. In a non-deed restricted community, you would no LONGER be in jeopardy of losing your property via non judicial foreclosure nor in constant conflict with SCCA board over fines and trivial CC&R’s.  Menifee city governorship is all that is necessary.
DISSOLVE SCCA!  ONLY 51% OF MEMBERSHIP VOTE TO DO SO!

Thursday, May 22, 2014

How HOA Boards Abuse Their Power -- It isn't only happening in Sun City


The prices of homes in Sun City are among the lowest. The foreclosure rate in Sun City is very high. Yet, with these very low prices, the recovery from foreclosure isn't happening. Though, there are buyers who desperately need housing, buyers are not taking advantage of the incredibly low prices in Sun City Core. This is a tragic situation for members of SCCA. Losing their homes to foreclosures because they can not sell their homes at this stage in their lives is a permanent loss. They are simply too old to recover. Though the real estate market has gone south, there are still thousands of qualified buyers who need homes. The main reason hundreds of SCCA members have lost their homes in foreclosure instead of selling their homes to these buyers is the 55+ age restriction status of SCCA. This 55+ age restriction which was imposed upon the residents of Sun City Core under very questionable circumstances. The members of SCCA need to know the truth about the so called integrity of SCCA. They need to know why their friends and neighbors are disappearing, walking away or just plain abandoning their homes. So do all the people of Menifee need to know why there are so many standing vacant rotting homes in Sun city .

This didn't have to happen. It can be prevented in the immediate future. It can be changed now. However, chances are it will not because of the hostility of people who are proud of the fact they hate families and children. Yes, hating families and children is shameful but these ugly spirited people are proud of the fact the hate families and children. These self centered haters of families, children, and other human beings don't care how many people get hurt in the process as long as they think they can force the 55+ status on the rest of the property owners. The sad, sick part of the entire process is they are ultimately hurting themselves as well. Yet they choose to remain in ignorance. Sun City members can not afford the luxury of an age restricted community. The members who support this carved in granite idea need to wake up before it is too late.




Open letter to Mr. Tom Thurman, President of SCCA

This is my response to the post by Tom Thurman on Menifee24/7 a bout how SCCA became 55+:
"Therese Daniels' statements, as quoted, on menifee247.com June 13,2008 are untrue."
My statements are quite true. If you can prove other wise, I will then an only then take back my words and apologize.
"She is accusing a deceased former SCCA board member of chicanery involved in the recording of the Sun City Civic Association's First Amended & Consolidated Declaration of Restrictions. She even accused her of doing something illegal.

If Ms. Daniels would do a little research she would see that Mrs. Roberge did not sign any recorded documents in 1997
."
May Jean Roberge rest in peace. (Lou Textera) It still doesn't alter the fact she headed up a project approved by the SCCA Board called "Project 55" for the purpose of obtaining 250 signatures on a petition to get the CC&R's amended from age 18+ to 55+. According to the SCCA bylaws of that time the petition was required to get the amendment put on a ballot so members could vote approval or not. (everything has been convoluted so many times by the board and its attorneys since then, who knows what they say now) Where is that ballot? Where if there was a ballot is the voting results of the ballot? How come you are not aware of "Project 55"? Why was "project 55" ever begun if SCCA already had a 55+ only status?
What you do not know, Mr. Thurman, is that I saw a document filed with the county recorder signed by Jean Roberge with only her signature on it. My only mistake was to fail to get a copy of that document when I had the chance. If you research the minutes and other documents during the years of 1997 through 2001, you may find abundant information that will substantiate my claim. However, I think you would prefer to make me bad and wrong than admit the mistakes of the SCCA Board.

"The documents were in fact signed by Glen L. Roark President of the SCCA on 03/07/1997 and filed and recorded in Riverside County on 03/11/1997. As the separate tracts in the core approved the amendment requirements they were consolidated under the Consolidated Declaration. The process took a couple of years. The last annexation was dated and signed by Glenn L. Roark 2/1/1999 filed and recorded in Riverside County 2/22/1999. Most of the tracts required an approval vote of 2/3 of the total lot owners."

Now here is where this mess gets tricky. Where is there a copy of the ballot asking for the approval vote? It may have been sent, but I don't remember it. The 1997 consolidation to which is Mr. Thurman referring was created by very clever attorneys for SCCA Board Members at the behest of the SCCA Board members. The attorneys were paid with SCCA membership money. Do you really think the membership was consulted about the content of this consolidation document? Who approved it? The majority of the SCCA Board? Or did the 2/3 of the membership approve it-- which is what is required when CC&R's are being amended? The SCCA Board simply adopted the age 55+ restriction and included it in the consolidation and passed it off on the membership without a ballot and without membership full knowledge and understanding of consolidated declarations of 1997 tracts allegedly signed. Again, I ask where is the ballot asking for an amendment for an age restriction that the membership was to vote upon? Show us that ballot? Show us the ballot that gave SCCA Board then authority to hire Epsten & Grinnel to rewrite the whole enchilada!

"Jean Roberge, President and Betty Jo Adney Secretary of the SCCA signed an amendment to the First Amended & Consolidated Declaration on 08/23/2001.. . . It was filed and recorded on 9/17/2001 in Riverside County ."

Once the Epsten and Grinnel brought SCCA Board legally along that far and this very questionable document recorded, it was all over for the membership to ever hope to fight a legal battle as to what and how they did this. Though at the time, I am certain no one ever thought to fight the Board or the document. Most members just fell into place like sheep.
". . . The signing of this amendment was authorized by a majority vote of the Board of Directors of the SCCA at a meeting on 08/16/2001."
Check it out. Mr. Thurman admits the Board-- I repeat the -- SCCA Board of just seven members signed this document. At this stage you can argue that it is the Board's duty to sign on behalf of the membership. That I would agree. However, at what point did the Board get permission from the membership to do so? I was around then. I don't remember being asked. Show me where 2/3 of the membership voted approval for and signed an amendment to the age restriction!
" . . .This amendment was required to maintain compliance with the current requirements of State and Federal law applicable to housing for senior citizens."
It is interesting that SCCA Board failed to comply with its legal obligations after Jean Roberge obtained her 250 signed petition, to place this amendment on the ballot to obtain a 2/3 membership vote; but SCCA is so concerned about maintaining compliance regarding senior housing. Could it be there is something wrong with this picture?

"It is my opinion that Ms. Daniels has self-interest in her desire to open the core to all ages as she is a real estate person, and her primary concern is her pocket book and not the welfare of the homeowners in the core."

Isn't this a standard response when people don't know what else to say. She is a real estate agent and has self interest and wants to make a lot of money. I normally ignore such stupidity but I am going to answer it this time in hopes it enlightens people to reality. The majority of the years I practiced real estate was in Los Angeles where the big money is. A realtor isn't confined to one little tiny area like Sun City Core where the property values are among the lowest in California and the deals are the most difficult to close. The real money properties are built all around and right to the borders of Sun City . They sell for more money, less aggravation, and none of the added problem of age restrictions. Any realtor can make a great living without ever having to sell one 45+ year old property in the core when the market is just a little better than the one we are in.
"Stupid is what stupid does." Forrest Gump
So Mr. Thurman, take your head out of the sand and look around. After that, take a Fleets enema, to clear your head. Sun City is obsolete with its 40+ year old properties, perma rock landscaping, and oleander bushes cut to only six feet. I have no personal agenda to get rich on the poorest, most difficult properties in the state of California .
Yes, it is true. You bet I would like to see the core opened to all ages. So would a whole lot of other SCCA members. This would be in the highest and best interest of every property owner and member in the core. It will also bring fresh and new energy to this tired old core. It will help us transform into the new Menifee City and the 21 first century. In case you haven't noticed, Mr. Thurman, times, life styles, attitudes, and needs have changed since 1964. It is time SCCA awaken, step out of its time capsule and change. Come into the 21 first century. If you want to accuse me of ulterior motives, Let me go one better. I would like to see entire SCCA dissolved. It is no longer needed and except for the 300 to 500 people who still use the facilities you so affectionately call "the Campus", no one cares about the activities. This is a different world. People are into computers and gyms. SCCA is nothing but a money pit. It offers no services of any value to me and over 4,000 of the rest of the members. Yet we are forced to pay for the rest of the dinosaurs who are still living in prehistoric times.
Housing is the economic backbone of America . When the housing market gets in trouble, the entire economic balance of the country tumbles down with it. Home ownership is the great American dream. It is family shelter and its investment. For most people it is the greatest investment of their life time. People are entitled to get the highest and best value from their properties. This is not only good investment, and the American way, but it is moral, ethical, and right. Any one will agree with these thoughts except for the SCCA Board and a handful of recalcitrant members.
SCCA is the perfect example why deed restricted titles are inferior to all other titles. People cannot control their investments because the investments are in the control of Boards of Directors who think they know-- but don't know the first thing about property value.-- The SCCA's board
minimized, depreciated, and devalued
the real estate of its own members when it imposed the 55+ restriction. Isn't it disgusting, Mr. Thurman, that the people who bought into this community with their life savings trusted the SCCA Board of Directors to safeguard their investment only to see it fail? Isn't it pitiful, Mr. Thurman, that people bought into Sun City Core hoping it would be a good plan for their old age only to lose it in foreclosure because of a minimum market created by age restriction? Isn't this, Mr. Thurman, the ultimate betrayal of the SCCA Board to its members? Where is your concern for the welfare of the members. Money is a very real need. Without it, people soon become homeless. You know what happens to the homeless. Where have all the members gone who used to live in these abandoned homes?
The sad reality is SCCA members have been harmed by the 55+ restrictions in many, many ways. There are families whose older children who have fallen upon hard times these past few years who can not help their children by sharing their home because of the age restriction. There are others who were counting on the sale of their property to take them into another life style who couldn't sell their homes and lost them in foreclosure. There are several abandoned homes because it is easier to just let them rot than to attempt to sell or rent because of the age restrictions. The people in the core cannot refinance because values are so low. The families with gorgeous homes at the borders of the core cannot refinance either because the core neighborhood depreciates the value of their property. These are just a few reasons why age restricted communities are not in the highest and best interest of titleholders. The horror stories go on and on and on. What about the welfare of these good, innocent and somewhat naïve families, Mr. Thurman? Don't you care about them? I do.
"We are allowed to discriminate based on age as a Senior Community in fact, it is encouraged by State and Federal laws."

That statement is a crock of manure. This is a classic example of how facts are twisted and convoluted to suit any one's purpose. No wonder it is so difficult to get accurate information about anything. The state and federal laws neither encourage nor discourage age discrimination. It is merely a permission given by state and federal for those seniors who choose to create a senior community. If you really understood anti discrimination laws, you would know age discrimination is forbidden unless a community has met the standards to be an age restricted community. Sun City Core failed to meet the required standards to qualify for a senior only community. However because Sun City was built prior to the Unruh Act, the standards were waived!
"There are no laws that would allow us to lower the age limit to 18, 25, or 45. This would be illegal discrimination and we would be in violation of the Federal Fair Housing Act of 1988."
Tom Thurman

SCCA Member

You are quite correct when you say there are no laws that would allow SCCA to return to the original adult only age 18+ status when Sun City was first developed. The Unruh act erased that. However, there is nothing stopping Sun City From removing the 55+ restriction and start to restore property values so members could enjoy some equity.

Thursday, May 15, 2014

IT ONLY TAKES 51% OF MEMBERSHIP VOTE TO DISSOLVE SCCA

DEED RESTRICTED PROPERTIES ARE THE MOST INFERIOR TITLES OF ALL OWNERSHIP
Fifty + years of experience with thousands of home owners associations across the nation have taught lenders that the most inferior of all property titles are those with titles with "deed restrictions' Lenders have quickly learned that the appreciation or depreciation of value in an HOA is directly attached to the capricious whim of HOA Boards and their CC&R's. Incompetent HOA Boards can as readily depreciate the value of property as they arbitrarily demean member's quality of life as a result of over zealous enforcement of CC&R's.   
Though it is not always possible in many deed restricted properties to dissolve an association because of its type of physical structure--such as condominiums where all that is really owned is air space or a particular gated community. These factors do not exist in the SCCA Core.  It is neither an air space only HOA nor a gated community.  It is a corporation owned by the members. As a corporation run and owned by the titleholders its members have the right to vote to dissolve it.  Then have all the common properties owned by SCCA--the Campus, Corbett Park and others appraised and sold.  The net proceeds of the sale be equally distributed among the 4762 members.  What if the combined total of common properties were appraised for twelve million ($12,000, 000) and sold for ten million?  Supposing that netted to $9,000,000.  $9,000,000 divided by 4762 members = $1889.96. Who wouldn't want to receive a check like that instead of a $500 fine because the palm fronds weren't cut in time? THESE ARE ONLY GUESTIMATE NUMBERS.  THE PROPETIES COULD APPRAISE MUCH HIGHER THE NET PROFITS MIGHT BE HIGHER, TOO. 
Deed restricted properties deprive home owners of obtaining the highest market value and quality of life. If you want to enjoy true market value of your property, live without invasive codes enforcement, stop attending endless, useless meetings, update your property without limiting CC&R’s and enjoy remuneration from selling off SCCA “Campus”, then start organizing to get 51% of the membership vote to dissolve SCCA. In a non-deed restricted community, you would no LONGER be in jeopardy of losing your property via non judicial foreclosure nor in constant conflict with SCCA board over fines and trivial CC&R’s.  Menifee city governorship is all that is necessary.
DISSOLVE SCCA!  ONLY 51% OF MEMBERSHIP VOTE TO DO SO!

Join this site. Ask questions or share your stories of conflict with SCCA.

This site has resources to information that informs you of your rights and sometimes exposes the HOA Boards violations against their own members.  HOA boards and their corrupt property management companies are counting on your ignorance of the corporate laws that govern them.  The reason members often vote against their own best interest is because they have been misinformed by their boards and property management companies.  This site is here to help you learn your rights so that you may never again vote against your own best interest.

Thursday, May 1, 2014

Sun City Was Never Designed To Be 55+ Only


 

Has Sun City Core Become Obsolete?

The Price of Un challenged Corruption 

For those of us are old enough to remember the ‘60’s, life was very different than it is now.  The mere thought of computers seemed like living in a Buck Rogers story.  People were not as environmentally aware, then.  Most families made do with one vehicle. 

The Sun City Civic Association (SCCA) is the name of the Home Owner’s Association that manages 4,762 units in an area it calls the Core.  Sun City is a residential community founded by Del Webb in the mid ‘60’s as an adult only community of age 18+.  It was founded that way so the developer could avoid building schools or being assessed for the cost of building schools. Look it up at the Sun City Library.  There is a book written about the founding of Sun City by Del Webb.
Buyers were told that CC&R’s would protect their property values and assure their purchase would be a good investment.  The CC&R’s adopted by Del Webb were modified boiler plate restrictions written for condominiums built in the “60’s without land. Landscaping standards then were “minimum maintenance”.     Thus most of the 4,762 homes were landscaped with rocks, green painted perma rock, or any other horrible substance that could be glued or painted in front and back of the Core homes that could substitute a nice cool green lawn.  In those days they traded beauty for no maintenance.  Who was around to challenge the reality of the CC&R’s or that ugly landscaping was better than unwanted maintenance as long as buyers bought into the Core.  These were the ideas of 46 years ago which are still accepted as Gospel in the Core today.  

The people who bought into the Core were considerably younger, healthier and more energetic when they first bought their $22,000 to $35,000 price range homes (which even in those days were a great bargain).  For many it was an opportunity to own property they could not afford anywhere else.  What made their purchase even more attractive was what SCCA calls the campus with its swimming pools, hobby shops, and other amenities.  Not having to spend any time on maintenance free landscaping meant the residents had more time to play and golf.  These were amenities that prior to Del Webb’s Sun City were really only affordable to the higher economic brackets of society.  Finally people who could barely afford to own their own homes were enjoying amenities they never imagined possible in their impoverished lives.  

The people who became the seven SCCA Board were popular and gave little cause to be challenged. Suddenly people who never enjoyed any status were big shots. They thought Sun City Core was the Beverly Hills of Riverside County. 

The titleholders of SCCA’s only source of information about their--then very isolated community was The Core Courier.  Anything that was said in the Core Courier was accepted as Gospel.  There wasn’t any one around with either enough knowledge or enough guts to challenge the The Courier and the Sacred Seven Board Members of SCCA who served for twenty straight years.  The Boards power then was absolute.  They did, said, and ruled as they chose unchallenged.  

As time passed, the residents grew old, tired, and sickly.  Less and less members used the facilities. More and more became apathetic due to ill health and old age.  Less members on important issues.  Those who did vote didn’t understand the full impact of what they were voting. The residency turnover in Sun City has never been a large enough percentage to replace the loss of vital voters.  A good guess might be that about 40% of the original buyers still live in their homes.   The SCCA Board had to continually reduce the number of voters to make a quorum.  Very few new residents who bought in the 90’s and 2000’s have been interested enough in the Campus and SCCA clubs and activities. 

The Board grew more powerful and more corrupt as less and less people challenged them.  They arbitrarily began to claim Sun City was a senior only community even though it was not. No one challenged them.  In 1997, the CC&R’s still permitted residents 18+ to live in the Core. The sacred seven (SCCA Board) began to worry that it might get discovered they were not a 55+ only community and decided to correct the situation. That is when Jean Roberge began "project 55" and illegally recorded with the County Recorder that the majority of the Residendeces voted to amend the CC&R’s to the age restriction of 55.  No one challenged her—not the county recorder’s office that had no reason to challenge her, not the titleholders who didn’t understand what she did, and not HUD, FHA, or the media, ever had the courage to challenge this illegal age restriction.  One man by the name of Doug Gibbs who sued the county and won.  SCCA claimed he lost. 

Who would have imagined way back then that just about every household would eventually own a PC, at least three vehicles, HDTV, two cell phones, and working on “living green.”  It is now the Twenty first century, and there are thousands of new homes built right to SCCA borders.  These homes are designed for today’s living styles with computer rooms, large walk in closets and master baths, three and four car garages, special wiring for cable, ceramic tile and hardwood floors, environmentally compatible, and best of all beautiful landscaping with green grass instead of rock and green painted rock.  Today’s home buyers want the benefits of these up to date amenities.  The new home builder’s feature them.  

It is like traveling in a time capsule when driving from one of the new communities into the Sun City Core.  The difference is immediately shocking.  Suddenly there are less trees, green grass is gone, and there is very little landscaping.  The roofs are composition instead of tile.  Many need painting, patching, and tender loving care.  Many more look as if the front door hasn’t been opened in ten years.  There are more single car ports and less garages, and the streets look abandoned—no walkers, no dogs, no children, no toys, no people, no interest, no love, no joy, no life.  It looks like a city of the living dead.  Sun City Core is a Hamlet unto itself in the center of its own imaginary universe it created 46 years ago. 

These are the ideas SCCA are still trying to enforce 50 years later without regard for the changes in life styles, new family neighborhoods built to the core’s borders,  increase of population, SCCA is now under governorship of the city of Menifee, todays' cost of living has risen by 40%and modern day cost of living, the need for older families to assist their younger families, and the fact the CC&R’s are obsolete. Though it appears they get away with it, much of SCCA’s actions have been illegal, That the 55+ only restriction was established illegally. The 55+ only restriction is a liability to the property values of SCCA Core. Except for invasion of senior privacy 55+ only fails to offer one senior benefit. It still fails to keep children from the senior only community as the residents enjoy abundant visits from their grandchildren which means those children hating residents still have to suffer children making noises of joy and happiness. 


SCCA continue to enforce CC&R’s.  It concerned itself less with titleholders’ rights and more with absolute control of titleholders.  It was so impressed with itself it posted signs all over Sun City saying “We enforce CC&R’s here.” Now, SCCA Board which is more interested in personal power than the highest and best interest of the residents of Sun City Core, wants to persist in keeping Sun City an illegal 55+ community, continue harassing people with obsolete CC&R’s, prevent the area from being upgraded and updated by permitting families to move into Sun city.