Petition Closed
Petitioning State Of California

Have US Federal Government and State Of California: lay down Regulation for Home Owners Association Boards

 Myself and many home owners whose properties are governed by rules of Home Owners Association(HOA) known as CCR rules have abused their power and authority using their own CCR rules as a shield for their own benefit.

Letter to
State Of California
Date: October 12tth, 2012
I would like to bring to your attention that in this country we have regulations at State or Federal level for Banks, Rental properties and much more but unfortunately there are no regulations for Home Owners Association Boards. Myself and many home owners whose properties are governed by rules of Home Owners Association(HOA) knows as CCR rules have abused their power and authority using their own CCR rules as a shield for their own benefit.
To cite an example from my own story I know I am an innocent home owner whom HOA charged me falsely with a crime. They have slapped with heavy fine of $500/= because they falsely accused me I threatened their outside contractor most likely their Security guard, which is blatant lie after one looks at evidence and witness statement. They further threatened me that they would put lien and eventually foreclose on my retirement home if do not pay them $500 immediately. Since it is impossible to get fair justice from the HOA board of directors because they have vested interest in money acquired through fines ,they most of the time give judgment in favor of the security and even ignore all the evidence I presented. This is travesty of our justice system. Now if a home owner is a senior citizen with fixed or a low income home owner he cannot afford to pay fees for arbitration of afford to give private attorney $20,000/ typically HOA wins such cases because they understand these are vulnerable people who are helpless have no voice so by default they can foreclose on their home and leaving vulnerable, weak and helpless person on street only because they want to satisfy their appetite for greed and these loopholes help them. In view of the above facts I request you to please introduce a bill that will achieve following objectives:
1)When they charge somebody with a fine of $100 or more and the defendant a home owner does not agree with the verdict rendered by HOA board of directors then the board of directors should pay cost for the arbitration of the homeowner or his/her attorney’s fee especially for low income home owners.
2) When HOA board fines some homeowner with a heavy fine of $500 the board of directors typically looks the other side and slaps homeowner with the fine of $500.In some cases even if appeal is made the initial judgment is not overturned. The reason is simple as it generates enough revenue for HOA board at the cost of innocent, defenseless, unemployed senior citizen on fixed or low income homeowner. When I approached several attorneys to handle my case, they said my case has merits but I should be paying them $3000/ as retainer fee and total bill could be $20,000 to $30,000 which by all means for me was hitting a brick wall. They said my case has elements of discrimination, intimidation, extortion, exploitation and above all abuse of power by HOA board. Since it will be impossible for me to and other homeowners like myself to defend case of false accusation we are left with no choice but to pay fine of $500. Should we not pay $500 fine then HOA board has immense power to put lien on property and even foreclose with the results many seniors in their golden years could be out of their home and joining other homeless on the street.
3) The HOA should not increase monthly dues or impose special assements unless majority votes in favor of it.
This is not the America in which our disadvantaged citizen has to live only because getting fair justice for them is very costly.
To give you some idea how much money HOA in Sacramento, California could make with fines imposed on its homeowners, consider the results of the investigation released by Department of Fair Employment & Housing {DFEH}.The results of the investigation in connection with the complaint I filed with the DFEH against my HOA board, they found the HOA had issued 505 violations from Feb28,2011to June26,2012 or within 4 months. That means on an average they have issued 125 violations per month with fines up to and including several $500 fines. Even if 25% fines are worth $500 each then revenue generated to HOA will be .25x505x500=$63125 and if on average rest of fines are worth $100 each then extra revenue generated will be=(505-126)x100=$37900.
Then total estimated revenue generated due to fines=$37900+63125=$101025 within 4 months or around $300,000 per year. This is a huge amount of revenue bought to HOA by hitting hard on some vulnerable home owners who could be defenseless.
From my own personal story I know I am an innocent home owner whom they charged falsely for the crime I have not done. They gave me fine of $500 because they say I threatened their outside contractor probably their security guard which is blatant lie after you look at the evidence and my witness statement. They further threatened me if I do not pay fine they will put lien on my property or even foreclose
Since I am senior citizen with several medical conditions like Heart, Diabetes and High blood pressure and then on fixed income I personally think it is hard for me to defend myself against board of directors who have of lot of finances on their side to fight against me and others like myself. With most people vulnerable and helpless like me the Home Owners Association Sacramento will get away with extortion and exploitation of defenseless home owners. Since Board of Directors have vested interest they most of the time give judgment in favor of their staff instead of reprimanding them for wrong actions. My observations were as follows:
1) Lot of revenue was generated from defenseless, helpless people because of these citations without any Government oversight.
2) The judgments that board made were not fair but based on greed, discrimination, and harassment or creating hostile atmosphere for a home owner.
To conclude my request on behalf of all home owners especially who are vulnerable because they have low income as such cannot afford to pay heavy legal bills to prove their case following bill be introduced at Federal and State level which will force Home Association Directors not to abuse their power and authority.
1) No fine should exceed more than $50/violation.
2) No member on the board of directors including Chairman of the board should be also property manager of the complex for which they are on association board. This involves conflict of interest. I know it happens with my association.
3)HOA boards should have no rules that interfere with the agreement reached between Landlord and Tenant. For example HOA should not put restrictions on the term of lease like minimum 6 months. The reasons for that is different people have different income levels or have temporary job especially when economy is in downturn , as such rules will keep them out of rental market which will constitute discrimination besides Landlord losing rent which may compel him to foreclose on property if that is rental property .This will be illegal and very unfair for tenant and a property owner.
4)HOA should not make rules that give powers to tenants to use common areas than property owner. It should be left at the discretion of Landlord if he/she wants to transfer his/her right to tenant to use common areas. That will be specified in rental agreement.
5) Selective and Discriminating rules if imposed by board members, those should be scrutinized by City, County or State Housing authority. If it is found home owners are not treated fairly by HOA board, a fine of $2000/ should be imposed by concerned authority on board members making such unfair decision and be asked to resign from their job.;postID=2784742995223979801

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