Wednesday, January 9, 2008


Homeowner Associations Are Dangerous To Your Health

As Posted on
July 2, 2003

The Surgeon General ought post the following warning: Homeowner Associations are dangerous to your physical, mental and financial health. This particularly if you speak out against an association board, or the management company and their unfair and illegal policies.

Shadowcrest Homeowner's Association board president, Jim Hooten just decided one day to begin to use invalid CC&Rs and Bylaws that had never been approved by the membership. This is clearly a breach of contract with the association membership.

Then he set up a bogus "Hearing" stating I had planted a tree without written permission. It was a replacement tree, and I did have verbal permission. I was not able to speak at this kangaroo-court type hearing. Jose Liceaga, Treasurer who conducted the hearing, called it "a trial" but I was not able to present any witnesses, and, I was denied the right to any evidence, particulary that ALL trees planted in my community were done so with written permission. He then fined me $50.00 and in so doing took away my voting rights in the community until I paid it.

No other homeowners who have planted trees without written permission, including trees at the home of board member Jill Reed, have had the same treatment; this is clearly selective enforcement of the covenants, a form of discrimination against me that has come about after I began to speak out against the board's often unfair, and sometimes illegal activities, such as bringing and defending legal actions when suspended as a corportion.

Board President, Jim Hooten allegedly -- well, according to several children -- pulled out what looked like a gun, and holding it with both hands pointed it at them. He later said it was a cell phone. But, why did he hold a cell phone with both hands, the way one would hold a hand gun, and point it at them?

One board member, the secretary, John Wieser a relative by marriage of a drug gang family that moved into our association] has allegedly slandered me to many of the other board members, and homeowners after I spoke out against the activities of one of his relatives, who was later arrested for drugs, weapons and burglary, and sent to prison.

Recently the board treasurer, Jose Liceaga attempted a battery on my person. I filed a police report and intend to seek a TRO against him.

I continue to be denied access to our membership list by Albert Asssociation Management for the purpose of campaigning for a new board. Although a member of CAI, they are NOT a member of the National Board of Certification for Community Managers. Nor am I able to review our association documents held at this management company. This is clearly a violation of CA CORP CODE.

A year ago June I had a heart attack and triple bypass surgery. The board members and the employees of Albert Association Management are well aware of this, yet they continue to inflict upon me intentional emotional abuse by selectively persecuting me when I have asked that they do the right thing. I can only suspect that their reasons are clearly to inflict more stress upon me knowing what the consequences to my health may be.

I do have recourse against this board through the filing of a lawsuit. However, that is like suing yourself, and the only ones to benefit will be our two attorneys: Jeffrey French and Wayne Guralnich, both in Palm Desert, CA, whom we pay, but who only protect our board, and then in turn can sue us?

They attorneys will most certainly continue to line their pockets with more and more of our association money.

I have continued to bring this to the attention of Jim Battin, Senator for our district, who has never acknowledged one of my letters to him regrading this problem; the Desert Sun, who did publish one Letter to the Editor on the HOA problem on June 5, 2003, and to the Palm Springs Village Voice who has been kind enough to publish a letter of mine also.

Living in Shadowcrest is almost the equivalent of living in a Nazi-like, German concentration camp under a camp commander of Adolph Hitler. Oh, death may come slower, but they are counting on it.