6/1/09

SHARE YOUR STORY...Special Assessments in an HOA? - Please post here:

23 comments:

  1. Crow Canyon Country Club Estates Community Association21 June, 2009 11:15

    Looks like a lengthy multi-million dollar pitched and litigated construction project.

    Homeowners started their own blog and have voiced many complaints:
    http://crowcanyoncoalition.blogspot.com

    Association website:
    http://www.crowcanyon.net/

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  2. Mota Ranch HOA, Bay Point, CA21 June, 2009 11:26

    http://www.motaranch-hoa.com/

    Going through a huge reconstruction assessment, lots of foreclosures. Associations Communications Inc is their manager. Caroline McCormick is owner of ACI.

    Mota Ranch has over a million dollar bad debt on the books. Not sure when that will absorb or be passed on to surviving owners.

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  3. HOA BOARD MEMBERS CROOKED?01 July, 2009 13:04

    www.diablosouthhoa.org

    There is something VERY wrong going on at 3901 Clayton Road in Concord, CA. Board members sued homeowners with the HOA bank account, and the complex looks like it is falling to the ground.

    Predatory mgt and attorneys profiting at the expense of ignorant board members. Or is it devious board members profitting at the expense of stupid homeowners?

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  4. I paid my $13,300 special assessment to Mota Ranch and they have yet to do what they promised us. They knew about most of the bad debt before specially assessing us, now they say they can't do the project because bad debt. CROOKS.

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  5. P.S. Meanwhile, our townhome buildings only have nine years left before the State of California can come in and comdemn them because the Mota Ranch Board of Directors has been dicking around with this for so long. The problem is with the way Kaufman and Brode got away with building these crappy units and then the Mota Ranch Board of Directors let them slide on the lawsuit and they never fixed the buildings with the settlement they received. DO NOT BUY ANYTHING WITH AN HOA,YOU WILL BE SORRY. Our entitre community looks like crap for $265.00 a month besides the $13,300 special assessment. Meanwhile they spend $6,395 on dead bushes that don't even go with the landscaping, i.e, see the trees on the other side of the Mota Ranch Road for what belongs where the dead ushes are. Trees were destroyed by some moron and their cigarette causing a fire.

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  6. Anonymous 7-21-09
    RE: Mota Ranch
    I know your complex. Managed by Caroline McCormick. That's your problem and the collusion that goes on with the attorneys. who is your attorney over at Mota?

    The problem isn't with the way they were built. that's what the attorney or mgt want you to believe.

    Try living over in concord where Caroline is a former manager at 3901claytonroad.blogspot.com you'll see dues of over $400.00 monthly, previous $6,000 assessment. More future assessments for Bad Debt. Incompetent board members. Lawsuits that board members fund using HOA reserves against other homeowners.
    Take this one for instance. McCormick sued a board member and used the HOA attorney that was supposed to represent the board member. Judge recused the attorney on the case for conflict of interest for using the HOA attorney. Check out CCC Courts - court files speak volumes. Run a search on Caroline McCormick out of Martinez, CA.

    Do you care to speak with a reporter? Tom Vacar at KTVU may be interested, or Joe Vazquez at CBS5. what do you think?

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  7. Yes, I would speak with a reporter. Something has to be done. The owners have no rights. I'm sure the Department of Real Estate did not intend for that to be the case. The problem with our buildings besides falling down decks, etc., is the horrible siding Kaufman & Brode used on these buildings, turns into sawdust when it gets wet. We also had a murder and a fire and we pay insurance out of our monthly dues. Insurance hasn't done jack to fix the buildings there either. They probably pocketed the money. I'm going to contact the Department of Real Estate because something needds to give here. We don't even have a swimming pool, not that I would swim in the same pool with anyone who lives up thee.

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  8. P.S. Hughes and Gill are still the Mota Ranch attorneys as far as I know and I haven't been impressed. I tried to hire Tyler Berding at www.condoissues.com to represent me so I could go after these people but he has also represented Mota and said there would be a conflict of interest. I recommend Tyler's firm, Berding & Weil in Alamo HIGHLY.

    We were given a special presentation wherein Gill was in attendance back in 2006 and which was confirmed by a letter. That's last we heard of Gill. There were oher letters and scopes of work given to us by the Board but they flaked on every single thing. Now we don't even have any townhome owners on the Board so these single family owners have free rein to spend our money however they want on their dead bushes and ugly signs to the tune of $6,395.00. They are about as good a BART Management.

    That Caroline is something else.

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  9. That lame-o who designed the Mota Ranch website got paid $600.00 for that piece of crap. She says she's a designer and knows nothing about styles, fonts, optimizing pictures for the web or layouts. What a joke. Of course, she was the chair of their lame a$$ landscape committee. Very political. You should hear the way Carolne and our Board speaks of the owners in our community. That was the first thing that turned me and she was talking to a former minster who was on the Board (just as self-serving as Caroline), at least he was a townhome owner.

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  10. Of course, I haven't received the Mota Ranch newsletter yet and they've only posted two or three of them to their website.

    JULY 15, 2009:

    Attention Townhouse Owners: CORRECTION to the NEWSLETTER!!!

    The section regarding the budget in the most recent newsletter contained an error. The Board of Directors did not vote to approve a 10% increase on the townhome operating budget. The Board actually directed management to re-work the budget numbers to try and minimize or eliminate an increase in the townhome assessments.

    IF THEY DO THIS, I'M GOING TO QUIT PAYIING MY DUES PERIOD. I GET ABSOLUTELY NOTHING, NOT EVEN A BRIGHT STREETLIGHT FROM THESE PEOPLE. THEY WON'T EVEN HAVE THEIR LANDSCAPERS PICK UP THE TRASH DUMPED OVER THE FENCE BY SINGLE FAMILY HONEOWNERS INTO THE TOWNHOME COMMON AREA.

    Caroline CAN FEEL FREE TO FORECLOSE ON MY WORTHLESS TOWNHOME.

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  11. Boy, I checked out your 3901 Clayton buildings and some of your newsletters when ACI was your property manager. Your buildings are in worse shape than ours. You are paying $400.00 a month dues?

    Some of our meetings were getting a bit like that too. I work nights so I can't go to the meetings and then if I would take a vacation day to go, they change the meeting that month.

    I'm in the process of studying all the applicable sections of the Civil Code on CIDs and what is it the Davis-Sterling Act to see what remedy, if any, I might have.

    Boy, I can't believe these HOAs have been allowed to operate this way without any intervention from the State or the DRE.

    I would gladly pay higher monthly dues in my case if ACI was doing a decent job taking care of the Common Area and our Board wasn't spending $6,395 on dead, horrible looking bushes. I want more say in how the money is spent that's for sure until I can get out of here. 3901 is in worse shape than Mota from my cursory look at your buildings.

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  12. The board spends money on worthless crap because it is a friend of one of the members of the board. Hughs and Gill are all in cahoots with managers and other attorneys. Interesting that you are impressed with Berding and Weil. They are running many HOAs across the bay into huge special assessments and all the attorneys protect one another.

    You need to get the Grand Jury after their crooked souls. You watch. Hughes and Gill stood right in court representing Caroline McCormick in a case against an innocent Board Member. They FEED OFF EACH OTHER. The only way the attorney stepped down is because the homeowner filed a motion to recuse and the judge granted the order against Caroline McCormicks pet Hughes.

    When the reporters finally get news of these stories, they will find hundreds of conflicts. With the market failing, the managers are falling down. They are getting fearful and using the STUPID board members to play their legal games. The STUPID board member continue writing checks for legal fees. THe attorneys, managers rake in millions of dollars, meanwhile, properties like Mota Ranch aren't worth a nickel. Market will condemn the properties. Attorney and corrput managers think they will get to walk away with milllions of dollars.

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  13. You should call Marjorie Murray at Cal Home Law. They are a non-profit dedicated to helping homeowners. They know attorneys to help homeowners.
    http://www.calhomelaw.org/

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  14. Thank you I'll do that. I still HAVE NEVER RECEIVED the newsletter I referred to above wherein ACI wants to raise our monthly assessments another 10% meanwhile, they still haven't picked up the trash and our lawn is so brown it's dead behind my house.

    I did notice that Berding & Weil represent the boards and management associations more than the owners. I like Tyler because he's trying to do something about the inadequate way these HOAs are structured in the first place to the detriment of the homeowner.

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  15. What is Tyler doing that is so commendable?

    My question is why the Board allows the mgt and attorneys to reap so many profits at the expense of the homeowners. The Board has the power to decline excessive attorney consulting. I mean, do you have to consult an attorney every time you tie your shoelace? Too many money leaks.

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  16. I thought that some of the materials on his Tyler's website www.condoissues.com were helpful to me so I could actually find out what is going on here and educate myself. I also need to figure something out because I sure as hell don't want to keep throwing away bad money after bad and I agree something bad is going on here.

    I have never been able to get any info or an honest answer from my HOA. I paid my special assessment with the promise by Hughes and McGill and my board that my buiilding and deck would be repaired. NOthing could have been further from the truth. These people will never be able to get a loan with a million dollars of debt on the books. THey friggin knew that before they ever assessed; it's fraud and collusion.

    The meetings are set up for people who work 9-5 which there are many up here in legal and medical professional that can't attend meetings because we work nights. I couldn't get any decent information from my HOA; that was supposed to have been the purpose of their worthless website. They never tell the truth anyway so it doesn't matter because all the info is absolutely worthless.

    I will contact the person you suggest. I've worked too hard to have them come in and tear down my home too and I'm too old to start over.
    .

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  17. Why do you suppose there was nothing provided for failing HOAs and their buildings in Obama's bailout?

    I also feel very ripped off that my home even initially passed inspection.

    FIRST TIME HOMEBUYERS beware. Don't rush into a deal out of desparation to find a place to live like I did. I feel like my real estate agent took advantage of me by not telling me WORD ONE about HOAs. She's was supposed to have been on my side. Because of this, I won't be making purchase No. 2 through Security Pacific.

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  18. D&H Landscaping IS HORRIBLE, HORRIBLE; don't hire them for your HOA community unless you want your lawn to die and the most minimum of landscaping services performed. Their equipment is OLD, NOISY and does an unacceptable job; it destroys our lawns more than mows them. They won't pick debris dumped by people in the common area either. To see for yourself, just drive down Mota Drive and see where all our NICE TREES were removed for dead bushes. D&H charged $6,000 for those dead bushes.

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  19. I am the president of my HOA in Campbell, CA. You probably do not want to listen to me, however, I amy be able to help. Judging by the posts here, something is horribly wrong. Request the budgets for the last 3-5 years, the managemnt company has to give it to you, (it is the law)especially if you put it in writing. When you get it, check the numbers and see if the numbers are the same for each year, this is an indication that the management company is "fixing" the numbers, and the board is trusting them at their word. It also sounds like the board does not have any kind of background in these specific areas. If you need to hire a attorney to sue the management company, take photos of the areas in need of repair, it will hold up better in court. Unfortuantely, if you try and sue the association, the board will come back and say "you are only sueing yourselves" however, if you see that the board is not doing their jobs, then they can be sued individually, chances are they are not covered under the management company's policy. Also, contact Cityscape property management, or check out the website, they are very good and they follow the rules. Also, contact Advance Construction Technology(ACT) they are very good contractors and they do not screw around, and they give honest bids complete with photos, they do due roofs as well. Hopefully this helps. if you need more advice you can contact me directly at dj_rz@hotmail.com put your HOA name in the subject line

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  20. Thank you for your post. I had the last reserve study reviewed informally by an attorney who said everything seems to be an order and that the problem is and always has been the siding and construction defects. The Mota Ranch Board never should have settled that lawsuit like they did. Despite that though, I still feel something is horribly wrong. I just received more documentation asking me to approve minutes and information from November 24, 2007 for their annual meeting. From the one sentence 2008 minutes, they never had a quorum for the annual meeting in 2008. No minutes at all for 2009. Everything in their reserve study is false, no documentation on the website, etc., like they say. ACI definitely needs to go; something very fishy about them. Now Caroline has sluffed Mota Ranch off on some sap named Trevor working out of Laguna Hills, way far away from Bay Point. I refuse to vote for any of the current Board of Directors to be re-elected because they had plenty of time to get our loan, they took our money and didn't do jack shit. Meanwhile, unit burned out from the craiglist murder and fire almost one-year ago now, still sits untouched.

    These people on our Board all have personal agendas. They get on, find out what's going on, resign, and then sell their homes immediately without disclosing everything that's going on to the poor buyer. I bought my townhome back in $2,000 and it is worth $75,000 less than I paid for it back then THANKS TO ACI! I will never be able to sell or move until the repairs I paid the $13,300 to have done are done. No lender is going to fund a loan on any Mota Ranch townhome in their current state. It should be against the law that ACI and the Mota Ranch Board of directors are allowed to operate in this fashion. I have been trying to get this fixed since 2000, as I've said ad nauseum.

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  21. We bought our place at Mota Ranch in 2005 nothing was said about any problems, no sooner did we move in and we heard about a special assesmet of $40,000. This house is mess craked foundation, all kinds of problems we have had 3 cars broken into and all we here about is siding and sighns, who the hell cares if your house falls apart and you have no cars. Oh and I forgot they never send anyone around to pick up trash the residents have to do that, they expect us to pick up the condems in the bushes this is unexceptuable.

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  22. Hello, I have browsed most of your posts. This post is probably where I got the most useful information for my research. Thanks for posting, maybe we can see more on this. Are you aware of any other websites on this subject.
    http://www.properlyinspected.com/

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  23. I just happened upon this site by googling Mota Ranch. Did you find out anything further in your research David? I'm interested in what might be uncovered by scratching this rusty surface.

    I've lived in this community for 10 years and share many of the same sentiments noted above, even today. Something has got to be up with this HOA and its historical dealings - my gut is screaming that something is super wrong here.

    I can be contacted at micahlakes2013@gmail.com.

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