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SEPTEMBER 2006 UPDATE
VITAL COMMUNITY SAFETY INFORMATION RECENTLY ADDED
All families and concerned citizens,  you NEED to read this!

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important to read

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THOU SHALT NOT COVET

Exodus 20:17
"You shall not covet your neighbor's house. You shall not covet your neighbor's wife, or his manservant or maidservant, his ox or donkey, or anything that belongs to your neighbor."

Exodus 34:24
I will drive out nations before you and enlarge your territory, and no one will covet your land when you go up three times each year to appear before the LORD your God.

Deuteronomy 5:21
"You shall not covet your neighbor's wife. You shall not set your desire on your neighbor's house or land, his manservant or maidservant, his ox or donkey, or anything that belongs to your neighbor."

Deuteronomy 7:25
The images of their gods you are to burn in the fire. Do not covet the silver and gold on them, and do not take it for yourselves, or you will be ensnared by it, for it is detestable to the LORD your God.

Joshua 7:21
When I saw in the plunder a beautiful robe from Babylonia, two hundred shekels of silver and a wedge of gold weighing fifty shekels, I coveted them and took them. They are hidden in the ground inside my tent, with the silver underneath."

Micah 2:2
They covet fields and seize them, and houses, and take them. They defraud a man of his home, a fellowman of his inheritance.

Acts 20:33
I have not coveted anyone's silver or gold or clothing.

Romans 7:7
What shall we say, then? Is the law sin? Certainly not! Indeed I would not have known what sin was except through the law. For I would not have known what coveting really was if the law had not said, "Do not covet."

Romans 7:8
But sin, seizing the opportunity afforded by the commandment, produced in me every kind of covetous desire. For apart from law, sin is dead.

Romans 13:9
The commandments, "Do not commit adultery," "Do not murder," "Do not steal," "Do not covet," and whatever other commandment there may be, are summed up in this one rule: "Love your neighbor as yourself."

Romans 1:29

They have become filled with every kind of wickedness, evil, greed and depravity. They are full of envy, murder, strife, deceit and malice. They are gossips,

 

 

 

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  Please scroll quickly down to the bottom of this
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Legal Disclosure & Disclaimer
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                RURAL FREEDOM LINKS & HOA LINKS
Romans 13:9
The commandments, "Do not commit adultery," "Do not murder," 
"Do not steal," "Do not covet,"  and whatever other commandment 
there may be, are summed up in this one rule: "Love your neighbor 
as yourself."

Micah 2:2
They covet fields and seize them, and houses, and take them. They 
defraud a man of his home, a fellowman of his inheritance.


The following views expressed are those of the individual web sites linked to,  and not necessarily those of 
watchnetwork.org....LEGAL NOTICE: BEFORE USING THIS WEBSITE FOR ANY PURPOSE, TO MUST READ AND 
UNCONDITIONALLY AGREE TO OUR LEGAL DISCLAIMER AND TERMS OF USE, AS HEREIN DESCRIBED AND 
HEREAFTER AMENDED, AND IN IT’S ENTIRETY.  Individual sites excerpted from (and linked to) herein are solely 
responsible for the content of their sites - watchnetwork.org did not write the articles linked to herein......
Any headlines written by watchnetwork.org are of an opinion and editorial nature and for fair comment purposes only - 
all allegations contained in the articles excerpted herein should be considered ALLEGATIONS only and ACCORDING TO 
original authors of the excerpts only;  watchnetwork.org has not written any of the statements contained in the excerpts or 
contained at the sites of the hyperlinks;  such hyperlinks are the source references for all statements contained in such 
excerpts and/or hyperlinks and all watchnetwork.org headlines are editorial opinion comment only; all readers and visitors to 
this site are solely and exclusively responsible to check facts as they deem necessary and  all editorial and opinion pages 
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unconditionally agree to our LEGAL DISCLAIMER AND TERMS OF USE.  AGAIN, THE FOLLOWING LINKS ARE 
FOR FAIR COMMENT, FAIR USE, AND EDUCATIONAL PURPOSES ONLY....

           

      HOA'S & PUBLIC CONTROVERSIES ACROSS AMERICA.....

THE FOLLOWING EXCERPTS AND HYPERLINKS ARE THE SOLE OPINION OF THE INDIVIDUAL WEB LINKS QUOTED 
AND/OR LINKED TO, ARE ARE USED FOR EDITORIAL, FAIR COMMENT AND EDUCATIONAL PURPOSES ONLY.  
EACH VISITOR TO THIS WEBSITE IS SOLELY AND EXCLUSIVELY RESPONSIBLE TO VERIFY ALL INFORMATION 
CONTAINED HEREIN. 

TO EVEN THREATEN FORECLOSURE CAN BE OH....SO EXPENSIVE......
Federal Courts Apply "Fair Debt Collection Practices Act" to 
Homeowners’ Associations
ALLEGED AND ACCORDING TO:   http://home.satx.rr.com/cdma/fdcpa.htm




EXCERPT:
"Lauderhill law firm to settle lawsuit over
foreclosure threats for $250,000

"An estimated 2,500 South Florida homeowners threatened with foreclosure by a Lauderhill law firm 
for not paying alleged debts soon could get a $30 check in the mail...


"Some of the debts the firm tried to collect were for as little as $25.
Katzman & Korr, which represents 400 homeowner and condo associations in Broward, Miami-Dade, Palm Beach 
and Monroe counties, has agreed to settle a federal class-action lawsuit that accused it of violating the federal 
Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act.

If a deal is approved by U.S. District Judge William P. Dimitrouleas, the firm would settle the 2003 suit for 
$250,000 and promise not to continue using the type of letter it sent to thousands of owners......"



Law firm to settle class-action suit over lien filings

ALLEGED AND ACCORDING TO: http://www.ccfj.net/HOAFLclass-actionlien.html

EXCERPT:

Article Courtesy of The SUN SENTINEL

By Joe Kollin
Published March 22, 2005

"A Plantation law firm has agreed to settle a federal class-action lawsuit over its filing of liens and foreclosures 
against homeowners for debts that may not even exist.

The suit accused Katzman & Korr, which represents 400 condo and homeowner associations in South Florida, 
of violating state and federal debt collection and deceptive trade practice laws......"

EXCESSIVE ATTORNEY FEES ARE A VIOLATION OF THE CODE OF PROFESSIONAL 
CONDUCT. HAS THAT STOPPED SOME HOA LAWYERS FROM TRYING? 




EXCERPT: 

"Court Documents Show That Homeowner Association lawyers Peters & Freedman Ask for Tens of Thousands in Non-Allowable Legal Fees

Court Documents Signed Under Penalty of Perjury

October 31, 2004
By HOA Voices (View author info)"

 

ALLEGED AND ACCORDING TO:
 
http://www.ahrc.com/new/index.php/src/news/sub/article/action/ShowMedia/id/1790



CREATING A MANDATORY HOA OUT OF THIN AIR....
FORCING YOUR NEIGHBORS....
EXCERPT:
"A challenge in deed

Boyette Springs, with 19 sets of deed restrictions, aims for uniformity. Experience shows 
that it will be an uphill battle.

"Recently, the association discovered that Boyette Springs has 19 separate sets of deed restrictions. Of the 
1,080 homes in the subdivision, only the residents in the rear 40 homes are obligated to pay dues and abide by 
community standards. The other 1,040 homes are not bound by the rules or dues requirements, so the association is 
toothless to impose fines or liens on those homes....."
ALLEGED AND ACCORDING TO: http://www.ccfj.net/HOAFLBoyette.html

 

Mandatory -- or just voluntary 
Homeowners' Association?
Trying to force neighbors into mandatory association?
ALLEGED AND ACCORDING TO: http://www.ccfj.net/courtdecoakmand.html|QUESTION :
Do the Deed Restrictions require all owners of property within THE OAKS to be members of a 
homeowners/property owners association?
ROBERT J. FATH and BEVERLY FATH and ALFRED FRANCIS, Plaintiffs,
VS. THE OAKS OF SPRING HILL, INC., and
THE OAKS PROPERTY OWNERS ASSOCIATION OF SPRING HILL, INC.
Defendants




HOA-Voluntary or Mandatory! Don't let them intimidate you!
EXCERPTED FROM
Homeowners' Associations -

Voluntary or Mandatory?
By Jan Bergemann ( 6 - 5 - 2002 )

"Florida - We have here in Florida still quite a lot of so-called Civic Associations or Voluntary Homeowners' 
Associations. They were mostly created in the 70's and 80's before the industry and the legislators realized 
what a great money-making business mandatory homeowners' associations really are.

Quite a lot of the homeowners living in these voluntary associations have been happy until in recent times, 
when some busy-bodies felt that it was time for changes. These people come together and claim it's time to 
change the community. "Board meetings" are being held, Florida Statutes are plainly ignored, and the problems start!

Especially in the Orlando area homeowners complained recently that they received letters from "their" board, 
claiming that the former voluntary association has been changed into a mandatory association, new deed 
restriction have been established and please pay your dues immediately.

In a second and third letter threats of liens, foreclosures etc. have been added to these demands.
And all under the cover of a "majority" vote.

According to some Florida Court Rulings this is not the way it works. If you are a member of a voluntary 
association you can't be forced without your agreement to become a member of a mandatory association. 
Don't let these busy-bodies threaten or intimidate you!

They have absolutely no right to do so. As long as the deed to your property doesn't say that your property 
belongs to a mandatory association, nobody can force you.....

ALLEGED AND ACCORDING TO: http://www.ccfj.net/HOAvolunt.htm



Homeowners' Assciations - Voluntary or Mandatory -
Various FL court decisions
COURTDECISIONS
Homeowners' Associations
Voluntary or Mandatory?
ALLEGED AND ACCORDING TO: http://www.ccfj.net/courtdecmand.html
EXCERPT:
"The enforcement of the Amended and Restated Protective Covenants and Restrictions dated December 1, 1983, 
and Second Amended and Restated Protective Covenants and Restrictions dated December 20, 1987, unless and 
until restrained and enjoined by an order of this court, will cause immediate and irrepairable (sic) injury; and that 
the plaintiffs remedy at law is inadequate for the reasons hereinabove described, and further because there (sic) 
solution of the validity of the amended protective covenants and restrictions, the second amended protective 
covenants and restrictions and the bylaws of HOLIDAY PINES PROPERTY OWNERS ASSOCIATION,! INC., 
on an individual lot owner basis would lead to a multiplicity of suits.


Based on the foregoing, we find that there is no clear legal right to the relief requested, and we cannot 
discern how such an injunction would serve the public interest.


Accordingly, we reverse the entry of the temporary injunction. ...."

HOLIDAY PINES PROPERTY v. RALPH WETHERINGTON et.al.
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT
We, therefore, hold that the Homeowners Association could not grant exclusive easements over the 
common areas and this cause is reversed and remanded for entry of a judgment in conformance herewith. ....




EXCERPT:

"Governor says no to neighborhood fee bill
Article Courtesy of the St. Petersburg Times

By MELIA BOWIE
Published June 28, 2003
NEW PORT RICHEY
- Florida counties do not have the authority to allow nonmandatory homeowners 
associations to enforce deed restrictions, nor can a county assess fees on their behalf.

ALLEGED AND ACCORDING TO: http://www.ccfj.net/HOAGovvetobill.html



PLANNED OBSOLENSCE.....
EXCERPT:
Planned communities lose right to enforce rules as deed 
restrictions expire
Planned communities lose right to enforce rules as deed restrictions 
expire
Article Courtesy of the Sun-Sentinel
By Kevin Smith
Posted May 12, 2003

"In hundreds of communities in South Florida and thousands statewide, deed restrictions serve many purposes, 
among them to keep the grass from getting too high and the property values from getting too low.

But most homeowners in those communities don't know about a looming problem that's bigger than keeping kids 
out of senior enclaves and trucks off side lawns.

Deed restrictions on private houses are living on borrowed time, having been limited to a 30-year life span by a 
40-year-old state law. When the 30 years end, legal problems can begin.

The legal problems have already been felt in one Broward County community.

The Woodlands, a well-kept, 890-home development in Tamarac, discovered about 18 months ago that its deed 
restrictions had lapsed. The expiration of the restrictions left the homeowners association powerless to collect dues ...."
ALLEGED AND ACCORDING TO: http://www.ccfj.net/HOAFLDRexp.html




Deed-Restriction Bill Awaits Bush
EXCERPT:
Deed-Restriction Bill Awaits Bush
Article Courtesy of the Suncoast News
By CARL ORTH
Published: May 12, 2003
NEW PORT RICHEY
- Local homeowner groups helped shape legislation to require disclosure of deed 
restrictions to potential home buyers....
ALLEGED AND ACCORDING TO: http://www.ccfj.net/HOAFLdisclbill.html




Homeowners' Associations - Mandatory, 
Voluntary Or NOT AT ALL? FLORIDA
EXCERPT:
Homeowners' Associations
Mandatory, Voluntary Or NOT AT ALL?
An Investigative Report
By Jan Bergemann
Posted Wednesday, 09 - 04 - 2003

"Even if the deed restrictions don't call for a mandatory homeowners' association, some busybody neighbors just can't leave it alone. More and more lawsuits are being filed all over Florida, trying to force neighbors to join these associations.

One of the most used ways to force neighbors to do something they don't like?

Start as a "voluntary" association. Convince neighbors that it would be in everybody's best interest to form a neighborhood group to maintain the community and to keep everything nice and neat. After collecting sufficient funds, it's time to show the true colors: Turn around, hire a willing attorney and sue the neighbors who are unwilling to dance when some busybodies are whistling! After being threatened with liens, legal fees and other means of intimidation, quite a few of these neighbors are convinced that it might be easier to give in, instead of fighting these bullies!

Some just don't want to be governed by their eager neighbors. Even if they bought into a neighborhood with no mandatory homeowners' association, they are suddenly forced to defend themselves at great expense against neighbors who want to turn a peaceful neighborhood into a dictatorship....... "
ALLEGED AND ACCORDING TO: http://www.ccfj.net/HOAFLmand.html





ARE THERE FAKE HOMEOWNERS ASSOCIATIONS???
ALLEGED AND ACCORDING TO: http://www.ccfj.net/HOAvolunt.htm


NO MORE KING OF THE ROAD......
NOTICE TO CEDAR RIDGE ACRES HOMEOWNERS:  DOES THIS 
SOUND FAMILIAR?

EXCERPT:
"HOA - Community wars over roads
Mini Farms residents attack their homeowners association and call on county 
government to take over their dirt roads.
By BRIDGET HALL GRUMET, Times Staff Writer
Article Courtesy of the St. Petersburg Times
September 2, 2002

"HERNANDO -- Sal Fariello started as the lone voice of the MiniFarms News, a newsletter calling for the 
dissolution of the homeowners association in his rural community of Crystal Hills Mini Farms.

That was one year, two homeowners association presidents and three lawsuits ago.

Last week Fariello was the loudest voice in a room of nearly 50 residents saying the association should 
step aside and county government should step in to repair the development's 71/2 miles of nearly impassable dirt roads.

The homeowners association used to collect money to maintain the roads, but Fariello sued the group last year, 
saying it was created without residents' approval and is therefore powerless.

In the fracas about the group's legitimacy, Fariello also sued several of his neighbors for libel and defamation.....

.....Craig Gavin, the previous association president who has been sued twice by Fariello for libel and 
defamation, was thrown out of the community meeting Wednesday night after a shouting match erupted. .....

......Tom Turitto, leader of the Crystal Hills Mini Farms Landowners Coalition, vowed to stop paying dues 
to the homeowners association, which he says has no legal authority. He dared the association to place liens 
on his home so he could "run every one of them into the ground."

"You see all the people here?" Turitto asked. "The (homeowners association) board doesn't have a leg to stand on."

.....The county could pave the roads if homeowners are willing to pay an assessment, Moore said. The county 
has a limerock road paving program, and commissioners may approve an open-graded asphalt paving program 
Sept. 10, but only for private roads where homeowners agree to pay for the work......

......Neighbor Stan Shyer offered a compromise Wednesday evening, at least for the short term. If Shyer can 
persuade the homeowners association to collect dues voluntarily, instead of using liens to force homeowners to 
pay, Fariello will drop his lawsuits against the group.......

Then residents can present a united front to the county. "
ALLEGED AND ACCORDING TO: http://www.ccfj.net/HOAFLroadwar.html



HANDS IN THE COOKIE JAR?
EXTORTION AND/OR RICO LAWSUITS ON 
THE RISE AGAINST SOME 
HOMEOWNERS ASSOCIATIONS

Residents challenge $268,000 fee paid to homeowners' group chief
Article Courtesy of The Palm Beach Post
By Bill Douthat
Published on Monday, March 27, 2006

"The payment of $268,000 to a homeowners association president for overseeing hurricane recovery is raising 
eyebrows at the Sherwood Lakes townhome community.

"I am not an embezzler," association President Leiann Davis told a meeting of homeowners last week, saying 
rumors were circulating that she took the money and moved away......"

ALLEGED AND ACCORDING TO: http://www.ccfj.net/HOAFLpresrecfee.html

EXCERPT:
"YOU OTTA BE IN PIC CHAHS......."
FAMOUS ATTORNEYS IN A WORLD OF CONTROVERSY.......
ALLEGED AND ACCORDING TO: http://www.ccfj.net/B&Pchargeforreporter.htm

EXCERPT:
"IS THIS WORLD GOING INSANE --
OR IS IT JUST A FEW ATTORNEYS?
Law firm charges homeowner for time attorney talked to reporter!
An Opinion By Jan Bergemann
President, Cyber Citizens For Justice, Inc.
May 9, 2006

"If you are a homeowner and you talk to the media, please be careful that the board of your association is not 
using the law firm of Becker & Poliakoff P.A. for legal representation. Otherwise you might get a bill from the 
attorney
(SEE BELOW) charging you for talking to the reporter and reviewing the article. And if it happens that 
you live in an association where board president and some other association executives speculate on real estate, 
you better not talk to the media about sinkholes and insurance problems -- or you have a real problem on your hands!

These board members will use the association attorney, who in return will then charge the homeowner, to see if 
they have any recourse to recover possible losses in the resale value of their property. We are talking here private property, 
not property belonging to the association.

As you can see in the bill below, the attorney has nothing better to do than adding all this to the bill of the owner, to make it a 
real greedy and juicy bill. ...."
ALLEGED AND ACCORDING TO: http://www.ccfj.net/B&Pchargeforreporter.htm

"PR PROPAGANDA".....
LOOKING BEYOND THE MANDATORY HOA 
PUBLIC RELATIONS MACHINE 
TO FIND THE TRUTH....
HOA’s ALLEGEDLY CAUSING TROUBLE IN NEIGHBORHOODS......
ARE THEY FAMILY-UNFRIENDLY HOA’s?"

EXCERPT:
"Play set lawsuit is a costly lost cause
A couple's fight with a homeowners' association to keep
the backyard set is costing over $50,000, they say.
Courtesy of St. Petersburg Times
By COLLEEN JENKINS
Published April 18, 2006

"NEW PORT RICHEY - Kayla and Alden Johnson's $5,500 backyard play set once was a hit with their young friends.

It has become a $50,000-plus hit on their parents' bank account.

Lynn and Thomas Johnson recently agreed to end a three-year legal fight over the play set. They called the elaborate 
wooden structure, complete with a playhouse, swings and green twirling slide, a special birthday and Christmas 
present for their children in 2002.

The Gulf Harbors Woodlands homeowners association called it a deed restriction violation and sued the couple in 
March 2003.

The association won. The Johnsons lost.

Big time, actually, if you want to talk money.

Based on an agreement signed by both sides' lawyers April 4, the Johnsons must pay the association $16,000 for its 
legal fees. The money is due Thursday.

Add that to the costs of the Johnsons' own trial and appellate attorneys, and Lynn Johnson figures the couple's total 
legal bill is "well in excess of $50,000."

But the 39-year-old part-time homemaker, part-time real estate agent isn't particularly upset over losing so many 
greenbacks. She's more perturbed that the play set must come down this week to comply with the settlement.

"We were wronged in the whole situation," she said Monday. "You can't tell me what I can do with my back yard........."
ALLEGED AND ACCORDING TO: http://www.ccfj.net/HOAFLswingset5.html

HOWDY NEIGHBORS! IT'S TIME FOR YA'ALL TO
WAKE UP AND SMELL THE COFFEE!
If you let ‘em turn a Voluntary Association into a Mandatory one, 
here’s what you may get.......

(Thank GOD we DID NOT move into a neighborhood WITH a bonafide, duly-
recorded  COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE CEDAR 
RIDGE ACRES HOMEOWNERS
ASSOCIATION and NEVER signed one! DON'T 
BE PEN HAPPY LIKE SOME PEOPLE MAY BE! - your friends at watchnetwork.org)



EXCERPT:
"Association, owner in fight over fines
Article Courtesy of The Ocala Star-Banner
By RICK CUNDIFF
Published Mar. 14, 2006

"OCALA - Scott Dedrick was happy to purchase his first home in the Lakeview Woods subdivision of Silver Springs in 
1999. He agreed to the covenants and rules of the deed-restricted community.

Not long afterward, he had run-ins with the development's property owners association. In 2003, the skirmish escalated when the association placed a lien on his property. Dedrick rented the house to tenants after being transferred to the Jacksonville area for his job.

"This is one of the most outlandish and oppressive lien matters that I have ever seen in 30 years of practice."
F. Blane Carneal --

Attorney representing Scott Dedrick

Now Dedrick is fighting to prevent the homeowners association from foreclosing on the house. The Lakeview Woods 
Property Owners Association Inc. alleges he owes nearly $30,000 in fines and assessments.


"I'm already at rock bottom," Dedrick said Monday. "I don't know how much lower I can hit."

Eric Gifford, the Ocala lawyer representing the property owners association, says it's simply a matter of Dedrick not 
following the rules.

"The property owners association filed a claim of lien against Mr. Dedrick based on violation of the covenants and 
deed restrictions," Gifford said. "He failed to reply. There were special assessments that were not paid."

Dedrick's lawyer, Fort Lauderdale-based F. Blane Carneal, sees it differently.

"This is one of the most outlandish and oppressive lien matters that I have ever seen in 30 years of practice," 
Carneal said. "It's one man's attempt to subvert the system......"

ALLEGED AND ACCORDING TO: http://www.ccfj.net/HOAFLfinesforecl.html

 

 

ARE THEY GIVIN’ YA AN OFFER YA CAN’T REFUSE?
Racketeering?
Greene neighbors sue under RICO
ALLEGED AND ACCORDING TO: http://www.ccfj.net/HOAVARICO.html

EXCERPT:
"Homeowner Association Lawyers Foreclosing And Taking Title To Homes
Isn't It A Violation of the State Bar Rules?

August 08, 2003, By Alex Lyte , 
Copyright AHRC News Services
Palm Springs, California -

Melissia Colburn from San Diego settled her RICCO, fraud case against the homeowner association lawyers 
Peters & Freedman, Merit Property Management Company and the board members....."

Do ignorant, misinformed, aiding, abetting, or assisting neighbors REALLY wish to 
risk entanglement in racketeering law investigations and litigation?"

LAW OFFICE ANNOUNCES RICO INVESTIGATION OF HOMEOWNER ASSOCIATIONS
Information Requested from Public
ALLEGED AND ACCORDING TO: 
http://www.ahrc.com/new/index.php/src/news/sub/article/action/ShowMedia/id/2860

"The Law Offices of Philip A. Putman announced today that it is launching a RICO investigation into homeowner 
associations. RICO stands for Racketeer Influenced and Corrupt Organizations. Congress initially passed this 
legislation to combat the Mafia. However, subsequent case law has significantly expanded the use of the law.

Those found guilty of RICO violations are subject to treble damages.

Mr. Putman is asking homeowners who live in homeowner associations anywhere in the U.S. to forward 
any information to him which would show that lawyers, managers and other allied vendors have been engaged in 
such activities as shakedowns of peoples' homes and life savings......

.....In California several years ago, Melissa Colburn filed a RICO action against the law firm of Peters and Freedman. 
The latter reached a settlement with Ms. Colburn prior to trial, so the case never went to trial. As the settlement was 
confidential, no details are available...."

ALLEGED AND ACCORDING TO:
http://www.ahrc.com/new/index.php/src/tools/sub/yp/action/display/id/1403



EXCERPT:
LEGAL TROUBLES MOUNT FOR SAN DIEGO HOMEOWNER ASSOCIATION LAW FIRM
Judge allows RICO allegations to proceed in law suit against Peters & Freedman
ALLEGED AND ACCORDING TO: 
http://www.ahrc.com/new/index.php/src/news/sub/article/action/ShowMedia/id/623



EXCERPT:
RACKETEERING LAW USED SUCCESSFULLY AGAINST
EMBATTLED LAW FIRM.... DRAMATIC DEVELOPMENT IN MELISSA COLBURN CASE
Law Firm of Peters and Freedman Requests Settlement
ALLEGED AND ACCORDING TO: 
http://www.ahrc.com/new/index.php/src/news/sub/pressrel/action/ShowMedia/id/697



RECORDING INVALID AND CLOUDY CCR'S ......
"Peters & Freedman Helps Another Homeowners Association Record Invalid CCRs That Increase Board 
Members' Powers and Help Vendors
$98,000 missing from reserves and board refuses to disclose how much was paid to settle a lawsuit that 
Peters & Freedman lost? "
May 02, 2006
By Sheila Holm 
ALLEGED AND ACCORDING TO: 
http://www.ahrc.com/new/index.php/src/news/sub/article/action/ShowMedia/id/2847

                                         UNAMERICAN HOA’s?
DO UNAMERICAN HOA’s WISH TO TURN OUR COUNTRY INTO A 
BANANA REPUBLIC?
ARE CONSTITUTIONAL RIGHTS "GOING SOUTH?"

Marine May Lose Home For Flying Flag
Man's Attorney Uses Pres. Bush's Flag Request As Defense
ALLEGED AND ACCORDING TO: http://www.local6.com/news/1015827/detail.html
COURT SAYS TO HOA: KEEP YOUR HANDS OFF OF OLD GLORY AND FREEDOM OF SPEECH....
Vietnam veteran's neighborhood dispute prompts flag-flying bill
ALLEGED AND ACCORDING TO: 
http://www.firstamendmentcenter.org/news.aspx?id=7592



SOME OF THE TYRANNICAL  POLITICS BEHIND DEED RESTRICTION 
"ENFORCEMENT" - ACTIONS AGAINST OUR NEIGHBORS
IN THE ARMED FORCES....
"Westchase to soldier's wife: Take down the sign
ALLEGED AND ACCORDING TO: http://www.ccfj.net/HOAFLtroops3.html
EXCERPT:
Courtesy of WTSP
Tampa Bay's 10 News
By Bill McGinty
Published March 10, 2006

Watch THE VIDEO STORY  
ALLEGED AND ACCORDING TO: http://www.ccfj.net/HOAFLtroops3.html

"Tampa, Florida - David Kelley joined the Army 2 years ago, he's now part of the 4th Infantry Division 
which is somewhere in Iraq fighting the war on terror.

Here at home, his faithful wife Stacy lets everyone know that David is in harm's way and needs our 
prayers and support, something she thought she was getting until recently.

Stacy Kelley, Solider's wife:

"They didn't come and tell me. I got a letter in the mail saying I had a sign violation in my yard and I needed to 
remove it."

Westchase says the sign violates the community deed restrictions, and if Stacy doesn't take it down, 
she'll face a $100 a day fine.

Stacy Kelley:

"I believe in everything he's doing and I believe in our troops and I feel it's ashamed to have to remove it."

Gloria Nelson, Stacy's Mother:

"I'm proud of her, she is standing up for what she believes in, she's standing up for the man she loves a 
man who is fighting for our country......."




IS IT
UNJUST ENRICHMENT AND ABUSE OF POWER?
HOA CONTROVERSIES

HAS THE HOA's GONE BAD?  SOME ALLEGE THEY WERE NEVER GOOD...
ALLEGED AND ACCORDING TO: http://www.ccfj.net/HOAVAtowing.html




YOU CANNOT LEGALLY FORM A MANDATORY HOA AFTER THE FACT OR THROUGH FRAUD.....
BUT THAT DOESN'T SEEM TO DISSUADE SOME "ORGANIZERS" FROM FROM ABUSING 
THE LAW AT THE SAME TIME.....WATCH OUT AMERICA; THEY'LL ABUSE, THEN USE YOUR
LAW AGAINST YOU......AND AT THE SAME TIME,  HYPOCRITICALLY EXCUSE THEMSELVES 
FROM ANY REAL LEGAL COMPLIANCE....

"Blank-Check Style" Deed Restrictions; ....EVEN when one does not have the
legal right to legislate!

Pulling a mandatory HOA Out of Thin Air; 
Read Below How Judge Rejects Legal "Houdini Tricks"......

EXCERPT:
"Court agrees voluntary homeowners group is enough

"When dozens of homeowners at the Meadow Creek subdivision sued the Trout Creek Development Corp. and 
several home builders in 1998, the plaintiffs said they bought their homes with the expectation that they would belong 
to a mandatory homeowners association.

As part of such an association, homeowners pay regular, mandatory dues, which are used to hire lawyers in case a 
resident flouts deed restrictions -- by painting a house hot pink, for example, or parking junked cars in the driveway. "

But the homeowners learned that no such association was in place......"
ALLEGED AND ACCORDING TO:
http://www.sptimes.com/News/022000/Hillsborough/Court_agrees_voluntar.shtml

 

Hidden Hills homeowners’ association loses lawsuit
ALLEGED AND ACCORDING TO: 
http://www.theacorn.com/news/2003/1120/Front_page/002.html

EXCERPT:
"Lawsuit To Halt Church Expansion Is Thrown Out Of Court

Feb 23, 2006 07:51 AM PST

Memphis - "A homeowners association trying to halt the expansion of a Cordova church loses a battle in court. Today a chancery judge threw out the lawsuit filed against Hope Presbyterian and the Memphis- Shelby County Board of Adjustment on a technicality.

Members of the Walnut Grove Lake Homeowners Association took the case to court after the Memphis-Shelby County Board of Adjustment granted a height variance allowing the church to build a 234,000 square foot sanctuary with a 180 foot steeple. Homeowners say the massive church and steeple will obstruct their scenic views.

Thursday, however, a chancery judge threw out the case saying the plaintiffs had not filed their appeal with the court in time....."
ALLEGED AND ACCORDING TO:
http://www.wreg.com/Global/story.asp?S=4513319




HERE'S ANOTHER  WATCHNET.ORG ONE-MINUTE OPINION:

WON'T YOU BE MY FORECLOSURE?

LEAVE MR. ROGER'S NEIGHBORHOOD ALONE!  WHY, BECAUSE IN MR. ROGER'S
NEIGHBORHOOD,  THE NEIGHBOR'S DON'T TRY TO STUFF EACH OTHER'S HOUSES 
INTO THEIR POCKETS, THEN MAKE ANY UNWILLING PARTICIPANT'S LOOK GREEDY- 

WOW, TALK ABOUT  "SMOKE AND MIRRORS!"  JUST AS AN EXAMPLE, FOR INSTANCE,
WHEN SOME  "BOARD MEMBER"  STARTS "SURVEYING" OR "BROKERING" ABOUT THE WORTH 
OF YOUR HOME, THEN FORCING YOU INTO A QUESTIONABLE 
HOMEOWNER'S ASSOCIATION (COMPLETE WITH VERY QUESTIONABLE  LIEN APPLICABILITY)  
GET NERVOUS!!"
  GET REAL NERVOUS...THEN GET A GOOD ATTORNEY!  

HERE'S ANOTHER EXAMPLE OF ALLEGED HOA "FRIENDLY" HOUSE-HUNTING...

"Homeowner's Association Loses in the End.....
CHRONICLING THE TALE OF A VICTORIOUS WIDOW....
EXCERPT:
"An $814 bill costs woman her home
Crime/Corruption News
Keywords: HOME 814 LOSE
Source: Houston Chronicle
Published: May 2, 2001 Author: DALE LEZON and S.K. BARDWELL
Posted on 05/02/2001 06:56:36 PDT by cajunman

"Wenonah Blevins, an 82-year-old widow, had lived alone in her Champions subdivision house for 15 years with the fear of opening her door at night.

On April 10, she opened her door during the day to discover what she never would have imagined -- a constable with an eviction order and a moving van to take her away from her $150,000 home, which was paid in full.............."
ALLEGED AND ACCORDING TO:
http://www.freerepublic.com/forum/a3af012146edc.htm



DON'T PLAY WITH FIRE: THE COST OF CORRUPTION...................
READ ALL ABOUT IT......THIS SAME WIDOW HAS GOTTEN 
HER HOME (AND MORE) BACK BY FIGHTING BACK!!!!!

This article has been archived from the Houston Chronicle web site at www.houstonchronicle.com.
EXCERPT:
Dec. 22, 2001, 1:35PM
Evicted widow home for holidays
Blevins, homeowners' association settle suit

By ALAN BERNSTEIN
Copyright 2001 Houston Chronicle

"With a stunned grin and a $300,000 lawsuit victory, the suburban Houston widow whose eviction in April became a rallying point for homeowners' rights got her house back Friday.

"Thrilled, delighted, glad to be back home," Wenonah Blevins, 83, said after placing a plastic Christmas wreath on her front door and a red bow on her mailbox.......

.........Blevins signed a settlement agreement Friday calling for Champions Community Improvement Association and its Houston law firm, Bartley and Spears, to pay her $300,000. Daniel Hilal, who bought the house at auction for $5,000, gets $95,000 in exchange for returning the house deed to Blevins, according to lawyers in the case.

The homeowners association started working several months ago to return Blevins to her home after realizing that its law firm had evicted an elderly women who may not have realized that she risked losing her home, said lawyer Jeff Roberts, who represented Champions Community Improvement Association in the negotiations. Roberts is not associated with the Bartley and Spears firm, which did not return a telephone call from the Chronicle on Friday."

READ THE WHOLE VICTORY STORY......
ALLEGED AND ACCORDING TO:
http://members.tripod.com/the_whole_story/WenonahBlevinsResolution.html

Mr. Roger's says.....BE KIND TO WIDOWS INDEED AND KEEP GREEDY LITTLE, 
COVETING PAWS OFF THEIR SHELTER! And of course, Mr. Rogers will be HA-PPY,
cuz he likes YOU (and not just your house!).



                               BANANA REPUBLIC HOA'S???

Judge compares Homeowner Association to "BANANA REPUBLIC" and "SPANISH INQUISITION"
ALLEGED AND ACCORDING TO:
http://www.ahrc.com/new/index.php/src/news/sub/article/action/ShowMedia/id/444

EXCERPT:
HEAD OF ASSOCIATION CRIMINALLY CHARGED
Quote:   "Police last week arrested John Losada, 59, a leader of the condo association at the South Grove Plaza, at 2690 SW 22nd Ave. in Miami. He is scheduled to appear in court on March 15 to answer charges of criminal mischief and stalking....."|
ALLEGED AND ACCORDING TO:
http://privatopia.blogspot.com/2005/03/condo-owner-says-inquiries-to-board.html#links


FBI COMPLAINTS AGAINST HOA's
ALLEGED AND ACCORDING TO:
http://www.ahrc.com/new/index.php/src/news/sub/pressrel/action/ShowMedia/id/2259
ALLEGED AND ACCORDING TO:  http://hoa-abuse.com/

ARE HOA BOSSES COLLECTING "TAXES" THEN 
PLAYING POLICE!
C
ONTROVERSIAL HOA ACTIVITIES AND VIOLENCE-
DO CONTROVERSIAL HOA'S CREATE A DANGEROUS 
NEIGHBORHOOD UNSAFE FOR CHILDREN?

EXCERPT: "HOA leader shot during crime patrol
Brent Whiting, The Arizona Republic, Jul. 14, 2005 12:00 AM
"The president of a Glendale homeowners association was shot early Wednesday while patrolling his townhouse complex, apparently by a neighbor who mistook him for a burglar....." ALLEGED AND ACCORDING TO:
http://www.azcentral.com/arizonarepublic/local/articles/0714wvhoashooting14.html


THIS "WAVER" IS NOT THE QUEEN OF ENGLAND
.......BUT IS ALMOST AS GOOD AS HER....
ARBITRARY RULE ENFORCEMENT CAN LEAD TO WAIVERS....
INCONSISTENT ENFORCEMENT OF LEGALLY-QUESTIONABLE RULES:
EXCERPT:
....."The directors also should be aware that the following will be valid defenses by an owner when the association tries to seek enforcement of the architectural standards:
Arbitrary and capricious actions have been taken. The architectural standards must be applied fairly and consistently, across the board and in good faith.

It is improper for a board or its architectural review committee to pick and choose the enforcement of the covenants or to go against some -- but not all -- of the owners.

Delays have occurred. In legal terms, this is referred to as "laches" or "estoppel". This means that the board has permitted a lengthy period of time to elapse before taking action against an owner. For example, one court ruled that a board's six-month delay in filing suit against an unauthorized fence barred the board from enforcing the covenants.

If an owner is in violation of the architectural standards (or at least the board believes there is a violation), the board must start prompt action to assure compliance of the standards.

A waiver has been granted. Basically, if the board fails to enforce a covenant in the case of one owner in similar situations, it may be prohibited from enforcing the same standards against another owner....."

READ THE REST OF THE ARTICLE ON WAIVER OF RULE RIGHTS.....
ALLEGED AND ACCORDING TO:  http://realtytimes.com/rtcpages/20030901_controls.htm


ARE HOA'S BUYING OFF COPS WITH YOUR IDENTITY? WE POST, 
YOU DECIDE....
EXCERPT:
"A former Gwinnett County police officer has been arrested and charged with theft and identity fraud, using HOA funds and stealing identities....."
ALLEGED AND ACCORDING TO:  http://www.11alive.com/rss/article.aspx?storyid=72182


EXCERPT:
Real Estate Developer Arrested
ALLEGED AND ACCORDING TO:
http://privatopia.blogspot.com/2006/02/condo-developer-arrested-in-securities.html

ARE THE POLICE "IN ON IT" IN SOME PARTS OF FLORIDA?
WE POST, YOU DECIDE...
EXCERPT:
FILING POLICE COMPLAINTS...POLICE STATION 
INTIMIDATION IN FLORIDA...........
ALLEGED AND ACCORDING TO:
http://www.hoanewsnetwork.com/blog/2006/03/14/police-station-intimidation-part-1/


WHETHER OR NOT TO TRUST AN HOA, SOME ALLEGE IT IS A "ROLL OF
THE DICE"
"gambling with other's dollar's?"
EXCERPT:
Homeowners Sue their Lake Tahoe HOA- Dredging project in 
Tahoe Keys comes under fire
ALLEGED AND ACCORDING TO:
http://www.tahoebonanza.com/article/20050703/Region/107030008/-1/REGION

 

EXCERPT:
HOMEOWNER WINS LAWSUIT AGAINST HOA
ALLEGED AND ACCORDING TO:
http://www.ahrc.com/new/index.php/src/news/sub/article/action/ShowMedia/id/1379

 

EXCERPT:
Homeowners group loses battle to banish neighbors' 'unnatural' siding
ALLEGED AND ACCORDING TO:
http://www2.jsonline.com/news/wauk/mar03/122690.asp?format=print


CCR'S ARE A SEPARATE DOCUMENT, AND NOT "QUILTED" AND 
"PIECEMEALED" FROM A WHOLE BUNCH OF OTHER DOCUMENTS! 
AND EVEN BONAFIDE CCR'S ARE OFTENTIMES CONSTITUTIONALLY 
CONTROVERSIAL!
ALLEGED AND ACCORDING TO:
http://thehoaprimer.org/ccrs.htm

 

questionable or unconstitutional HOA's make BIG news....
ALLEGED AND ACCORDING TO:
http://hoawatch.org/

EXCERPT:
"EXTORTION CHAPTER 1"
ALLEGED AND ACCORDING TO:
http://home.satx.rr.com/cdma/sovereign.htm

 

In a free, democratic society, don't let a bogus HOA 
be the "propaganda machine,"...that steals your home...
http://thehoaprimer.org/buildwebsite.htm


Sending the hounds out.....
alerting the
HUNGRY media....
ALLEGED AND ACCORDING TO:
http://thehoaprimer.org/media.htm

FBI INVESTIGATIONS
ALLEGED AND ACCORDING TO:
http://theHOAprimer.org/

What can be done about corruption?
ALLEGED AND ACCORDING TO:
http://thehoaprimer.org/whattodo.htm

WATCHING for land wolves.....
ALLEGED AND ACCORDING TO:
http://home.satx.rr.com/cdma/sovereign.htm

HOA SOCIAL DARWINISM:
CUT THAT SPOTLIGHT, NOOOOWWWWW! DON'T YOU KNOW
HOW TO BE AN OBEDIENT LITTLE MONKEY IN A BANANA 
REPUBLIC!

                                                HIDE AND SEEK ELECTIONS
Is It A Loaded Ballot?
EXCERPT
"
Board Elections at Playa Del Mar Condos

ATTORNEY ALLEGEDLY VIOLATES FLORIDA STATUTES
Is There More Behind The Scenes?
An Opinion By Jan Bergemann
President, Cyber Citizens For Justice, Inc.
February 27, 2006

I guess it has been a long time coming. The specialized attorneys (specialized in what?) were fighting the Office of the Condo 
Ombudsman from Day One of its existence. The new Ombudsman, Dr. Virgil Rizzo, already had been badmouthed by some 
attorneys when he was newly appointed by Governor Jeb Bush -- without even being given a fair chance to show what he 
intended to accomplish! I guess Rizzo lacked one important requirement to be acknowledged as brethren: A membership in the 
Community Associations Institute!

Even today CAI members teaching condo classes, paid for from the Condo trust fund, use the opportunity to 
badmouth the condo ombudsman and make great advertising for their firms -- and get paid for it! Only in Florida? 
When will the DBPR finally get smart?

The reason for fighting the creation of a condo ombudsman's office by our legislature was very obvious: They 
don't like somebody in official capacity watching their moves. Too much to hide?

And they sure didn't like election monitors watching the elections. Since many years it's very obvious that board 
elections in associations are anything but fair. Actually, the way many of these elections are handled would make 
any Banana Republic proud. The fact that monitored elections have unseated many long-term board members sure 
didn't make these attorneys happy. You may ask WHY? It has been said many times before: Recalls of 
board members and the unseating of long-term board members in annual elections are often not directed against the 
sitting board, but against the service providers. Since owners can't fire the unwanted service providers directly, they 
fire the board members to achieve that goal. If successful, attorneys and managers are the next to go........................."
ALLEGED AND ACCORDING TO:
http://www.ccfj.net/CCFJlookbehind.htm

ALLEGED FRIVILOUS LAWSUITS AND ABUSE OF PROCESS....
HOA'S BECOME FAMOUS IN AMERICA!!!

 

HOA TELLS COUPLE WHAT COLORS THEY CAN'T USE TO 
PAINT THEIR HOUSE.....
ALLEGED AND ACCORDING TO:
http://www.ahrc.com/new/index.php/src/news/sub/article/action/ShowMedia/id/638



HOA "BULLIES?"
ALLEGED AND ACCORDING TO:
http://home.earthlink.net/~hoabullies/Truth-index.html


MORE LINKS.............

http://www.ahrc.com/new/index.php/src/news/sub/pressrel/action/ShowMedia/id/2259
http://www.ftb.ca.gov/aboutFTB/press/Archive/2003/03_96.html
http://www.knowledgeplex.org/news/164756.html
http://www.ahrc.com/new/index.php/src/tools/sub/complaints/action/read/id/286http://www.avnonline.com/index.php?Primary_Navigation=Web_Exclusive_News&Action=View_Article&Content_ID=131616

AND FOR ALL THOSE BOARD MEMBERS 
WHO THINK THEY ARE ABOVE THE LAW.....

HOA PENALIZED WARNED OF PENALTY FOR 
BREAKING FLORIDA LAW.....
EXCERPT:
"CONDO BOARD DONATES $10,000 TO OUTSIDE GROUP!

DBPR WRITES "WARNING LETTER!
ALLEGED AND ACCORDING TO:
http://www.ccfj.net/condo$10000donation.html

 

 

ARE LAWYERS ABOVE THE LAW?
HERE WHAT SOME JUDGES HAVE TO SAY TO 
SO-CALLED "ABUSIVE" LAWYERS!
EXCERPT:
"Judge rebukes lawyer in HOA foreclosure
Attorney denies asking woman to halt Bar complaint"

ALLEGED AND ACCORDING TO:
http://www.ccfj.net/HOAAZrebukelawyer.htm
EXCERPT:
"An attorney who specializes in homeowners-association law was chastised by a Maricopa County Superior Court judge for trying to foreclose on the home of a woman who owed back dues of less than $400 and an additional $1,000 in accumulated late fees and legal costs.

As the woman fought the foreclosure in court, her HOA bill rose to nearly $7,000 in penalties and attorney's fees.

In a minute entry dated May 12, Judge Peter Swann called the case "an example of the risk to the public of abusive litigation practices run amok. The court is simply a forum for the resolution of disputes, not a weapon to be used to generate leveraged fee awards."

Swann also took attorney Augustus H. Shaw IV to task for trying to offer a settlement to the woman that was contingent on her dropping a complaint against him to the State Bar of Arizona, which polices attorneys. In his minute entry, Swann did not comment on the merits of Stacy Mobbs' complaint but said that asking her to drop it was inappropriate...."

"

 

EXCERPT:
Community Associations Institute Attorney Chastised By Judge!
Attorneys are intimidating owners – not only in Florida"
ALLEGED AND ACCORDING TO:
http://www.ccfj.net/CAIattorneychast.html
EXCERPT:
"AUGUSTUS H SHAW IV, Esq., the attorney in question, writes a column titled "The HOA Guy" in the Arizona Republic. According to this transcript, the judge isn’t too impressed with his legal motions and letters written to a homeowner and stated (quote): "The Court notes its disappointment regarding the professional conduct of Mr. Shaw in this matter. This is a small case – exclusive of fees and interest, the amount sought to be collected was less than $400.00." (end quote)

This is actually one of the major issues owners always complain about – rightfully so! Small amounts owed turn to outrageous sums after attorneys add their "fees"!

But the judge wasn’t finished admonishing the attorney yet (quote): "…correspondence to Ms. Mobbs in this regard, and finds it to be abusive and inconsistent with the fundamental principles of professionalism sought to be advanced by the Supreme Court and the State Bar. Lawyers should perform their function with the dignity rightly expected of officers of the Court. When a lawyer communicates in such fashion while representing a client in connection with a judicial proceeding, the profession as a whole suffers, and mounting public criticism of lawyers is more difficult to defend." (end quote) "

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ENCOURAGE YOU TO NOT NEGLECT TO CHECK THE FACTS FOR YOURSELF.


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Romans 13:9
The commandments, "Do not commit adultery," "Do not murder," "Do not steal," 
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this one rule: "Love your neighbor as yourself."

 

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