January 22, 2001
Readers respond to:

Dave Donnell Foreclosure and
Press for Investigation of CAI Lawyers & Politicians

CAI Lawyers Are Lobbying , Writing Laws And Seizing homes for Lawyers Fees

Curtis Sproul is the association lawyer who helped to draft the California Homeowner Association Laws (the Davis-Stirling Act) in 1985 with other CAI lawyers and lobbyists, including Katherine Rosenberry.

The Davis-Stirling Act made homeowner associations into goldmines for association lawyers.

CAI lawyers charge astronomical lawyers fees for:

  • policing targeted homeowners

  • collecting assessments selectively

  • drafting rules, covenents and restrictions (CCRs) that give themselves incredible power over private property and homeowner riights
  • changing old CCRs to give themselves more power and control
  • keeping lawyer-lawsuit prone homeowners on boards for their mutual benefit
  • suing homeowners and others

Some of the lawyers involved in the writing and lobbying of these laws also write reference books for lawyers and judges, and give seminars to association vendors.

In significant part these "professional books and seminars" are propaganda for their own self serving views.

CAI lawyers openly admit, " it is CAI's public policy to facilitate, support, encourage, coerce, ,bribe... states" to make laws which help their trade.

Lawmakers close their eyes to home siezures under the Davis Stirling Act. Instead, they continue to take bribes from CAI lawyers.

Politicians put CAI lawyers on committees and commissions so that these lawyers can create laws which facilitate home seizures.

On March 18,the annual CAI lawyer-managers-vendor caravan - better described as lobbyvan - will descend on the State Capitol to brainwash politicians and their legislative staff. They will give plaques and trickets in order to press for new laws that will help their trade, but hurt homeowners. Inevitably campaign contributions will flow.

For March 19, 2001 they have secured a room in the Sacramento Convention Center. Both the Senate and Assembly Housing Committee Chairmen , SenatorJoseph Dunn - D-Garden Grove and Assemblyman Alan Lowenthal-Democrat-Long Beach , will address the crowd.

How money talks!!! Would these illustrious folks come and speak to homeowners? YES - if they knew that homeowners possessed a sizeable enough bank account to make sizeable enough campaign contributions. Money is honey to these busy bees.

 For years, California CAI lawyer - lobbyists James Lingl and Beth Grimm have been pushing the legislature to create a state commission to oversee homeowner associations in California - but it was to be headed by a political appointee (which the CAI lobbyists can buy) and composed of industry members.

Currently, California assemblymen John Dutra and Lou Correa are sponsoring a bill AB555 by CAI lawyers and homeowner association managers. It is being cast as a bill to protect homeowners. In reality, it is another attempt by CAI to gain even further control of homeowner associations, because they would control the licensing process.

 Homeowners all over the country report that CAI lawyers control and train manangers to create disputes and lawsuits in homeowner associations. The managers then bring in the lawyers who will charge unlimited lawyers fees and seize the homeowner's home and savings for their lawyers fees.

This is an organized group of lawyers and allied vendors who have infiltrated every government office. In reality, they are in the business of trading private property and the constitutional and civil rights of homeowners in exchange for laws that allow lawyers to seize homes for lawyers fees.

Homeowners are pressing for genuine government investigation of legislatures where CAI lawyers and politicians conspire together in order to draft laws with intentional loopholes so they can seize the life savings and homes of citizens for lawyers fees.


February 24, 2001

Sacramento attorney Curt Sproul [of Weintraub Genshlea Chediak Sproul] is advising homeowner associations to foreclose on property owners -- whether or not the association bylaws authorize them to do so -- and then arranging to have the association contract with his wife's collection agency -- KGS Community Services in Newcastle, California -- to manage the foreclosure.

Except Mr. Sproul does not advise the homeowners association that KGS is owned by his wife. [He alleges she is his former wife.] Nor does he advise the association to do any competitive bidding for foreclosure services.

"KGS" is named for Sproul's twin eight-year-old sons Kyle and Gordon. The "S" is for "Sproul."

Mr. Sproul alleged in an article in the Stockton, CA Record on Thursday, February 22, 2001 that he was "absolutely upfront" with Snowshoe Springs Association (Dorrington, CA) that KGS was owned by his wife/former wife.

But the association president said the opposite: that he was unaware of the relationship beteween Sproul and KGS until this week, when he learned of it through the attorney representing the homeowner whose property was to be seized.

If you know of any other associations using KGS, please email us..
February 14, 2001

Dear Ross:

Many thanks for your notes, letters of support, and offers to help our Snowshoe neighbor David Donnell.

You were one of 125 generous people who wrote protesting Snowshoe's foreclosure action and offering to help. It is encouraging to know that in this day and age that strangers can find it in their hearts to help someone in need.

Because of you, David may be able to keep the home built by his parents Frank and Rosemary. The cabin has been in his family for 33 years. They bought the land from Rollen Waterson, founder of Snowshoe, on which their
cabin now stands. Rollen would have applauded your reaching out to your Sierra Foothills neighbor in this generous way. He envisioned Snowshoe as an affordable haven for working people and their families.

Donations sent to the Friends of David Donnell, c/o Susan Winters, trustee, are being held safely in trust in David's name, while legal negotiations are in progress. Susan is administering the trust under the guidance of David's new attorney. All your cards and letters are being collected in a binder to give to David.

Now for an update on David's situation: since we last wrote you a month ago, David has been in the hospital three more times for more blood transfusions. We are happy to say, though, that knowing he now has the support of people like you, he is slowly regaining some of his strength.

As a result of the articles about him published in the Sacramento BEE, the Stockton Record, and the Angels Camp Ledger Dispatch, David now has an attorney, Michael L. Johnson of Roseville, who has generously agreed to defend David, on a pro bono basis, against the association board's foreclosure action. His attorney has succeeded in getting the foreclosure put on hold for 60 days while terms are discussed. A key term is whether the board had the legal right in the first place to foreclose on his home.

We'll keep you posted on David's progress. And, again, thank you for your kindness!
Susan Winters for the Friends of David Donnell

P.S. If you have any questions for David's attorney, he is Michael L. Johnson of Roseville. PH: 916.789.6221. E-mail: mljohns1@up.com

This is good news folks! And I believe it is because of the pressure from concerned citizens nationwide who took the time to send in their concerns or donations to help. Thanks to all of you who took the time to do that.

It is a shame that his Homeowners Association and the lawyers representing the association could not find it within themselves to help a fellow member of their community. Mr. Donnell is very lucky to have compassionate neighbors who cared enough about him to generate the publicity about his case and get the ball rolling!

And kudos to the board member who stepped down in protest of how this was being handled. Thanks should go to the newspapers as well for being willing to write these human interest stories and to expose the inherent flaws of this housing model called homeowners associations.

If you want to send in a donation - send it to Friends of Dave Donnell - 21588 S. Wagner Rd. Ripon, CA 95366.

Who will be the next victim of bad laws or even good laws that are not worth the paper they are written on!

January 24, 2001

To: Marjorie

People need protection from ruthless boards and their trade and political affiliates.

Can you provide us with some detail on the billings on this foreclosure.

Can you get us a copy of the foreclosure notices, billings, and the breakdown of dues and costs?

Who was the collection agency? Who is the owner of this agency?

Who are the board members? How long have they been on the board?

What do they do for a living?

What do the CCR's say?

When was it changed and by who - which lawyer advised on this?

Can you send us a copy of the collection practice.

Can we get copies of the collection letters sent ?


Homeowners should get together and change the CCR's so the board and lawyers cannot take home for lawyers fees.

There has to be reasonable rules to let homeowners pay theirr dues in the event of hardships.

Elizabeth McMahon
American Homeowners Resource Center
January 24, 2001

To: Diana Griego Erwin <dgriego@sacbee.com>, "Francis P. Garland" <garnel@goldrush.com>,
Subject: FW: Dave Donnell foreclosure

Diana Griego Erwin
Sacramento Bee

Francis P. Garland
Lode Bureau Chief

Thank you for the great reporting you did.
Your time and compassion helped save Mr. Donnell's home.

cc: Senator Jackie Speier <senator.speier@sen.ca.gov>,
From: "Curtis Sproul/WG&S" <CSproul@weintraub.com>
Date: Wed, 24 Jan 2001 08:38:16 -0800
To: Editor <ahrc@home.com>
Subject: Re: FW: Dave Donnell foreclosure


Good Morning Elizabeth,

Thank you for getting in touch. This is to advise you that the Donnell foreclosure process is on hold.

Several individuals are actively putting together resources to assist Mr. Donnell and the Association Board iswilling to let that process have a time to bear some results.

Curt Sproul
January 23, 2001

Dear Curtis:

It was a pleasure speaking to you again today.

We have received several communications regarding the foreclosure of Dave Donnell's home in Snowshoe Homeowners Association.

This is to advise you that we are gathering information on this situation and will write to you again soon regarding this.

In the meantime we urge you to not to proceed with foreclosure action on Mr. Donnell's house.

You expressed concern for homeowners when you served on the Senate Task Force with me to revise the Davis Stirling Act.

I trust your humanitarian nature will prevail in handling this particular situation.

Sincerely,

Elizabeth McMahon
Director
American Homeowners Resource Center
Related Articles :
Group halts foreclosure against ailing homeowner
Calaveras Man Fights Foreclosure

Cabin Resident Fears Eviction by Association
California Wrestling With Changes in Homeowner Association Laws
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