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IrishKid3
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| Joined: | Tue Dec 19th, 2006 |
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| Posts: | 141 |
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Posted: Mon Mar 24th, 2008 10:36 am |
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I appreciate your naietivity...us 'younger' folks should have it...I am only in my lower 70's, so I 'expect' to live here for a long time...the 'key' word being 'expect'...have been here almost 6 years by now...retired thru hard work & damm good luck, at the ripe old age of 51...thoroughly growing vegetables, flowers, fruit, & shade trees on my property...I have lived in 'gated' communities most of my life(not my choice)...can't say I ever liked or enjoyed any of them...I am more a 'down home guy'...like to walk across the back yard & talk to the neighbors...
Now as far as your 'suggestions'...more power to you...they(tho not pertinent to this discussion), seem quite normal...for a reasonably 'newcomer'...I could go thru the whole club history, but I will only go thru mine...again...I have an exercise room in my home...my Insurance pays for a membership in any 'organized' gym/workout place I want...
I like talking/enjoying time/ with all my neighbors...& local friends...I belong to the Irish culture center(& participate as often as I can...even wearing my 'Kilt' on holidays & 'celebration' days...I have two Daughters who live here, & spend a lot of time with them...bottom line, is...I am happy with my life as it is...after all 'I' made it this way, so why shouldn't I enjoy it...
In 40 years, here is what has happened...and 'NONE' of this is the fault of the current 'BOARD'...except trying to cover the 'butts' of many boards before them(& the method that they chose to solve 'their' problems...they need to read up on the responsibilities & liabilities of being on a board of directors of a not-for-profit organization/corporation...bet the will rue the day...that they didn't...)
Back to the 'history lesson'...from the time of the 'new' buildings in question...there evidently has never been a ''rainy day/maintenance budget"...invested in some interest bearing account to take care of all things as they came along...when they were 'small' items...Now they want all the current members to pay for years of 'stupid management'...and that is using both of those words 'loosely'...
The current Board is 'Totally GUILTY', of not surveying the 'Villa', holding an open meeting...with everyone being invited, or even mailing out a questionnaire to everyone...which would have given them some idea of what the Villa Residents wanted...not just an 'HOA' lawyer(I'm being nice)...just MAYBE...the MAJORITY WANTS THEM TO CLOSE THE FACILITIES!!!...Did ANYBODY EVER THINK TO ASK THAT??? Did they ever ask ANYBODY if they even wanted an HOA??? ...dont think so...ct
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Dorothy7
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| Joined: | Mon Sep 18th, 2006 |
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| Posts: | 588 |
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Posted: Sun Mar 23rd, 2008 03:13 am |
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Dear Neighbors Cindy and Kirk:
Your statement in the last paragraph of your long letter reveals a woeful lack of information regarding the dispute here in Dreamland...(Isn't that a weird name?)
The lawsuits filed by owners have been two (2)...the first of which cost the club nothing...(unless they paid their attorney Charlie Maxwell to act as their advisor the $16,600.00 he tried to get from the court, and failed...despite the fact he was not the attorney of record in that case)...the insurance paid for that one.
The second, the owner prevailed, and since she represented herself there were no attorney's fees awarded to either side.
The forty cases that have cost the club nearly $80,000.00 in 2007 were filed against Homeowners by the club!
Despite the claims of the Board President that only 40 out of over 2,000 failed to pay, their lawsuits were limited to owners in only four (4) of the 18 Sections that comprise Dreamland Villa.
I do not assume that because you are mistaken in so many of your assumptions regarding this matter that you have no interest in the facts, so I will present a few for you to think about.
1. The Second Amended Declaration of Restrictions was never mailed out nor distributed to homeowners in Dreamland before it was filed on our deeds.
So far, Charlie Maxwell has clouded the issue enough that Judge Whitten has erred in his conclusion regarding the validity of SADR. It will, of course, be taken to the Court of Appeals, and from there to the State Supreme Court, and if necessary to the Ninth Circuit Court of Appeals...etc. etc.
2. As one who was on the board at that time this crack brained idea was hatched, I can assure you that some judge will rule in favor of the owners at some level. We need only find the right judge who has a background in property law and elderly parents who've been ripped off by these self-described HOA lawyers.
3. Under the legal definition of planned communities and associations DVCC does not qualify as either.
The legal definition requires that the developer organizes the HOA at the beginning of development, and that every owner becomes a mandatory member at the time of purchase. We have one whole section that will never be mandatory...(Section 6) and many more may follow their lead.
4. There is also, of course, the good old US Constitution...I believe the 14th Amendment that assures all Americans that they are secure in their persons and property from unlawful seizures of their property...
5. I have had to conclude after nearly 4 years of watching the arbitrary and irresponsible behavior of this board and its toadies...(a very small number of owners of property in DV) that this club will probably drive itself into bankruptsy before it comes to its senses.
6. The irresponsible actions of this board has in fact provably driven down property values in DV by clouding all the titles.
7. Are you aware that DV has 4,400 owners? Are you also aware that less than 500 ever vote for board members? The vast majority have nothing to do with the club ever!
8. I agree with you on one of your statements...that if they persist in this wrongful taking the cost will be so great that the facilities will fall into disrepair, and the club cease to exist. I have paid my dues during most of my residency here, and still try to pay them, but the board has chosen not to accept them, and has tried their best to keep me from representing many owners who are unwilling to "give up" and "let it go". Mostly, because the board has proven that it is prepared to foreclose on the sick and dying...and harass them to the grave...like Mr. Espinosa...who died recently after two years of relentless attack by the board and their attorney...even as he was enduring dialysis every other day!
9. I am hopeful that some of the newer and younger owners will come to the realization that many of your older and sicker neighbors cannot pay the dues, and do not use the facilities. Unless you believe that it is okay to kill off the older and sicker owners for a place to go play. I can tell you honestly, I do not believe that any club house or game, or pool or party area is worth the life of a single person.
10. Think about it. Because the stress of their actions against many of the DV owners is too much for their frail health to overcome. Dorothy7
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kswane
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| Joined: | Thu Mar 6th, 2008 |
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| Posts: | 5 |
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Posted: Fri Mar 21st, 2008 06:31 pm |
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Thank you for your advice, but I have a great life, no longer believe in the tooth fairy and remain very skeptical of conspiracy theories.
Why don't you ask your lawyer daughters who you should call when a family with a bunch of noisy young kids moves in next door to you. Can't happen you say? Why do your daughters live in an HOA? There are pros and cons to everything in life.
As I originally stated, neighborhood "erosion" comes first to the most affordable areas. With good neighbors like you continually trying to drive down our property values, it is past time to wake up and support a stronger association!
You may have a great point regarding membership. I didn't think of it because I got off of my butt and signed up all by myself. I don't expect volunteers to do everything for me.
Have a great day!
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IrishKid3
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| Joined: | Tue Dec 19th, 2006 |
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| Posts: | 141 |
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Posted: Fri Mar 21st, 2008 04:52 am |
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...Get a life....I know that I asked my first question when the realtor mtold me about my property..."Is there an HOA in this development?" ...and she reasured me that there was NOT...so I proceeded to try to buy property...have been here going on 7 years...STILL DO NOT WANT ANYTHING TO DO WITH AN 'HOA'!
As far as the $100...If you will sign a contract that you will sign over your property to me, or purchase mine at full price at the time...if they EVER RAISE THE DUES...then I 'might' try living with an HOA...I have lived with them before, my two daughters(live in areas close to here) are currently living with them...my daughter is actively 'practicing' law in this area...& basically handling many complaints in her area...
As far as the 'bored/board is concerned...this place has been operating those facilities for approx 40 years...without any serious troubles...I am sure their club membership has dwindled over the years...as I HAVE NEVER BEEN APPROACHED BY ONE PERSON TO JOIN THE DVCC...NOT ONE TIME!!! Do you think the past boards acted that way, or did they get off their butts & contact neighbors/residents??? I'm not interested in joining as my health insurance provides me with a membership in a newer, well maintained, up to date equipment...FREE OF CHARGE!!!
As far as 'property' values, and you want to watch them go down...just get an HOA approved...they will fall faster than lead weights...
I am sorry to be so blunt, but evidently you aren't paying attention...or are much younger than we are...& still believe in the 'tooth fairy'(I have lost a few of mine...& NEVER been visited by the T/F...sorry to blast your fond wishes & high hopes...)ct
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kswane
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| Joined: | Thu Mar 6th, 2008 |
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| Posts: | 5 |
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Posted: Thu Mar 20th, 2008 09:04 pm |
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As the author of the letter in question, I am tempted just to "rest my case" to your reply. However, I can accept "mistaken assumptions", after all, we disagree, but I will not accept your accusation of "false claims". You have chosen the wrong words.
Why DID you buy here? Why do you stay here?
Most of us consider the purchase of a home to be a major decision and we check out the benefits. If you consider the DVCC facilities to be outdated, then you must also consider your home and neighborhood to be "outdated". Better call your realtor ASAP! Hey, Las Sendas is newer!
I assume that you are my elder as it is unlikely that a person can become so unhappy in only 55 or 60 years, and I offer you that respect, but I believe that it would be YOUR responsibility to prove to us that $100.00 per year for the amenities involved would not be considered by the vast majority ( I know you hate that word ) to represent a positive value to your "out-dated" home in your "out-dated" neighborhood. Do we need to take a vote?
Accuse me of "false" claims in person or do not accuse me. And, don't ever call me "comrade".
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circa
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| Joined: | Mon Mar 26th, 2007 |
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| Posts: | 154 |
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Posted: Mon Mar 17th, 2008 09:31 pm |
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| In response to the letter titled: DVCC Boards Works for Residents' Benefit, what makes the letter's authors think residents valued DVCC facilities when we purchased our homes here. These out-dated facilities played no part at all for many of us in our property buying decisions. This is one of many false claims included in the letter. Another mistaken assumption is that club facilities increase our property values. Show us some factual evidence of this? In fact, deed-restricted properties have a history of negatively affecting property values in many communities across America. Also, nowhere in this letter is there any mention about the board's power to charge Dreamland Villa residents special assessments, in addition to annual club fees, anytime it desires. Watch out folks!
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