| Local Media Communications From: American Homeowners Resource Center February 20, 2001 |
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Steve Burgard Dear Steve: Judge Fenton was mentioned in the recent Los Angeles Times article about problems with retired jusdges - he was the 10th highest paid judge. In all, a simple request by homeowners to have access to their own private pool whcih they paid for, cost more than $130,000 in lawyers bills, eight days of court time. and thousands more for Judge Fenton.
Homeowners are losing homes for huge legal bills intentionally created by association lawyers, insurance lawyers and bad judges. Mrs. Ross is one of them. |
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| JUSTICE DROWNS IN IRVINE HOMEOWNER ASSOCIATION SWIM POOL by AHRC News Services Dana Parsons in his column - February 7, 2001 in the Los Angeles Times, was too kind on the homeowner association, Judge Mason Fenton , and the association attorney, Rosa Kwong of CHUBB Insurance Company The story of Mr. and Mrs. Ross is but another incredible example of how homeowner association boards have become the modern day tyrant – stealing and oppressing as only tyrants know how to do. The Ross’s, along with all the other owners in their association, own the common area and its facilities. Yet the board, several of whose members have children in the Irvine swim team, brazenly steal the pool from the owners. That is theft, pure and simple. Judge Fenton is retired – and should remain retired. He drove up the the cost for litigants by taking fifeen minute smoke break every hour during the one the one week trial. A mind that can twist a straight forward theft into some laudable act – and impose massive legal fees on the Ross’s in the process – needs to have his marbles or morals checked – or both. Citizens’ hearts sink when they see such judicial injustice. With reference to the report by Los Angeles Times columnist Dana Parsons : The association has spared little in fighting Ross. As part of her package of evidence, Ross says, she took an overhead photo of children in the pool. The association says the photo session upset some youngsters and parents. In this rather shameless passage entered into evidence, the association argued: "She was seen videotaping swimsuit-clad children in the pool, to the discomfort of their parents. The purpose of the videotaping is both mystifying and sinister. (Are plaintiff and her husband viewing these tapes alone at home at night? Who have been invited to watch these tapes?)" For the record, Ross says she used only a still camera. Yuck. This shows the type of tactics that homeowners are subjected to by lawyers employed by associations and CHUBB Insurance. One major aspect which Mr. Parsons did not cover is that Chubb Insurance has a nationwide monopoly on the insurance sold to homeowner association boards, and that it has secured this monopoly by promising to defend boards – no matter what they do. Mr. and Mrs. Ross are to be commended for their incredible courage. Their battle benefits each and every homeowner who lives in associations. Hopefully, the appellate court justices will have a similar courage and clear sightedness to put the association’s incredible appeal where it belongs – at the bottom of the swimming pool. They are continually plagued by one homeowner association case after another, where lower court justices do not do justice. On a longer range basis, homeowners now have an opportunity to reshape the law. The California Law Revision Commission at its February 2 meeting in Sacramento has decided to do a comprehensive review of common interest development law. They have also decided on a fast track basis to investigate the possibility of designing a non-judicial dispute resolution mechanism, so that homeowners are not faced, as the Ross’s were, with crushing legal fees to defend their rights. As the homeowner association industry – lawyers, management companies etc. – are already flooding the Commission with their views, designed to keep association dollars flowing into their pockets, homeowners need to raise their voices loud and clear – or they may become the next Ross’s. Statements to the Commission should be addressed to: California Law Revision Commission Attn: Nathaniel Sterling, Executive Secretary 4000 Middlefield Road, Suite D-1 Palo Alto, CA 94303-4739 Email: sterling@clrc.ca.gov Voice: 650-494-1335 Fax: 650-494-1827 |
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February 19, 2001 Subject: JUSTICE DROWNS IN IRVINE HOMEOWNER ASSOCIATION SWIM POOL |
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The American Homeowners Resource Center P. O. Box 97 San Juan Capistrano, CA 92693 Telephone: (949) 366-2125 Website: http://www.ahrc.com Email: ahrc@ahrc.com © 1990-2001, AHRC News Services |
