Huntington Continental VOICE

 

HUNTINGTON CONTINENTAL TOWN HOUSE OWNERS – ARE YOU INFORMED?

 

VICTORY!

DIRECTORS’ FAIL TO TAKE AWAY 9,000,000 CALIFORNIA HOA MEMBERS’ RIGHTS!

 APPEAL VICTORY AGAIN 10/14/14 – CLICK HERE

 

450 HUNTINGTON CONTINENTAL OWNERS DON’T KNOW THEIR LEGAL RIGHTS ARE AT RISK!
READ AN IMPORTANT OVERVIEW OF THE RULING – 17 YEARS IN THE MAKING

 

BEFORE YOU BUY IN ANY CALIFORNIA HOA READ THIS WEBSITE

 THE HOA PRIMER – CLICK HERE

 



This website is a work in progress;

 

LATEST ISSUES

 

• CLICK HERE – DOWNLOAD LAWSUIT AGAINST HOA, DIRECTORS, MANAGERS, LAWYERS
• STATEWIDE CALIFORNIA HOA PARTIAL PAYMENT VICTORY HERE!
• LOS ANGELES TIMES STORY ON COURT DECISION
• SUE YOUR HOA OR THIRD PARTY – SHAREHOLDER DERIVATIVE ACTIONS

 

Special thanks to Sam Walker, a quality attorney, who has been instrumental in winning this battle. If you have real estate or HOA issues, or if you have litigation or appellate needs, Sam may be able to help you too: sam@samwalkerlaw.com (Sam Walker is in northern California). Sam Walker is a great appeal lawyer. That is his speciality.

 

If you are in Southern California contact Joseph Rosenblit: rosenblitlawyer@gmail.com – Mr. Rosenblit practices in Orange County and all Southern California areas. Mr. Rosenbilt stood firmly behind me in the litigation against the 14 defendants including the lawyers I sued: Stanley Feldsott, Jacqueline Pagano, and James Harkins. If you have problems with any of the people mentioned in this website, or others who do not play by the rules, I suggest you sue them too! Remember, document every issue, every email, every letter. Take photos, keep each and every items they send to you, and make copies of every item you send to them. The more people who sue their association, including the lawyers, and the management companies the better it will be for everyone.

 

DO NOT SIGN AGREEMENTS WITH ANYONE – this will take away your rights! This is what the agreements are all about – you agree to pay them all they want and YOU give up your rights at the same time. Before you sign any agreement contact Sam or Joe.

 

My opion is that it is better not to talk on phone (unless they allow you to record the conversation). People have a habit of forgetting EXACTLY what was said and that won’t be good for you. Make certain your emails ‘repeat’ every detail you wish to get across. In court you will not believe how things are twisted. If you repeat each and every issue in your response emails that will be less likely.

 

EXAMPLE: Mr. Smith if you pay $100 today we will drop the lawsuit. Instead of just saying ‘okay’ you say “Okay Mr. Jones, you state that if I pay $100 today you will drop the lawsuit. I agree to pay $100 today and will send it to you.” Be very ‘clear’ and leave no ambiguity in any correspondence with whomeever you correspond with. If you have a meeting RECORD THE MEETING – People tend to tell the truth when the truth is recored or in writing.

 

This whole thing gets somewhat complex but here it is in a nutshell.

 

War #1) Owner got behind in his payments. He then sent the Association full payment for all assessments. Association’s attorney sent the full payment back to owner. The owner sent the money back. The Association sent the money back to owner and tried to foreclose in his home in a lawsuit. The owner fought the lawsuit. The lawsuit was a bloody battle that went all the way to the court of appeal just below Supreme Court of California. The Court ruled the owner was the winner. Wars are costly. Association must pay for everything associated with the losing the war. You lose the war when you don’t play by the law. I won, they lost.

 

WINNER!

 

War #2) Association, while going through the other battle, started a new battle and tried to sue owner in Small Claims Court AFTER Erica Griffith added about $15,000 in bogus attorney fees to owner’s ledger. Owner would not allow this and stood for battle once again battling James Harkins (lawyer), the Association’s attorney, and Keystone. The events are listed below. Basically, the Association’s agents were pulling another ‘fast one’ doing things that were again illegal (my opinion). Again we went to battle, and again the Association lost, as the new Judge finally reversed their short victory and now has forced them to put their battle on in a upper level court where again we have attorneys and evidence, and witnesses. You have none of this in Small Claims.

 

WINNER!

 

War #3) Now that I have proven what had been done to me was illegal. I now sue everyone involved. Normally everyone would need to defend themselves, but in this case Rustan Laine has signed contracts forcing Association to pay and defend the Attorney, the management company etc! So why is my HOA defending these subcontractors for their mistakes? Ask Rustan Laine and Myra Kuck. Call your HOA President and tell her you want your money back from these wasteful service providers!

 

WINNER! (SETTLEMENT) While I can not give details of my personal settlement – I will have a very nice Christmas 2015 and all of 2016 for that matter!

 

>>>>>>>>>>>>>>>>

 

Bottom line this member’s opinion is that Myra Kuck and Rustan Laine have made some very very very bad decisions, allowing all this to happen, costing this association and it members hundreds of thousands of dollars… and we are not done yet! All my personal opinion of course. “The quickest way to lose all your money is to put someone in charge who faces no consequence when losing it.” The Directors are supposed to be the ‘watchful eye’ over the agents (lawyers, managers) who wish to waste (spend) all our money; and suffer no consequence when they accomplish their goal and our balance is zero. 

 

Below are the sideline issues where the association chose to sue in Small Claims…. it lost again, the case now consolidated with the new case against Kuck and Laine. There is a huge history to all this: all you really need to know is that these particular directors have made some very bad decisions that have cost each and every homeowner about $500! A total of $250,000 and we are not done yet… it could be another $800,000 that could bankrupt this entire HOA! Then it would be time for a huge SPECIAL ASSESSMENT from each owner! When the dust settles we will know what this has cost in total. Right now the estimate is $250,000 but the next war could cost this Association another $800,000!

 

<<<<<<<<<< PAST UPDATES >>>>>>>>>>

 

UPDATE 5/2014! Owner who won major victory for all California HOA homeowers now under savage financial attack by Keystone Pacific Community Manager hired by the Huntington Continental Board of Directors. Coincidentally this Keystone Pacific Community Manager is a long term and “personal friend” of a specific director who authorized the previous attempted foreclosure. The Keystone Pacific Community Manager, approved by the same director, is now arbitrarily adding (added) 1000s and 1000s of dollars in attorney fees monthly to the owners account! it’s our opinion this is an obvious targeted attack of malicious retribution against anyone who stands up to these people when they don’t abide by the law!

 

This Community Manager has now added more than $25,000 in attorney “phone call” and “email” fees to the owners account. Beware this could happen to you!

 

UPDATE 6/2014! After publicly exposing the link between the board member and  the Keystone Pacific Community Manager, this community manager has been removed! However, they have not removed all of her daily phone calls and emails to the attorney and malicious additions to my ledger.

 

UPDATE 10/2014! Enough is enough. All owners at Huntington Continental are being victimized by this complete mis-management. Imagine $12,000 (old amount) in attorney fees (60 months of assessments) paid to an attorney when the entire situation was caused by the association itself! Association, directors, and management company named in legal action.

 

UPDATE 7/2015! A Superior Court lawsuit has been filed, and now is being amended.

 

HOA foreclosure victims – If you have been foreclosed on by ANY HOA attorney who refused payments that may have allowed you to keep your property I would advise you to contact an attorney and sue the HOA and HOA attorney who refused your money. Refusal of your payments was unlawful!!!

 

Additionally, we allege these “service providers” should pay back the monies to Huntington Continental (unjust enrichment). If you are an owner in Huntington Continental we believe these ‘service providers’ owe our association about $250,000!!!

 

If you also believe these ‘service providers’ should pay back the wasted fees they charged and were paid by your HOA directors, you should contact us via the contact links. The amount is about $500 for each and every owner at the Huntington Continental. (that is 2.5 months with no dues!!!!). Obviously one can not get paid for doing a bad job or pursuing an illegal collection and wasting literally many hundreds of thousands of dollars.

 

If you live in an Association you may know of these providers named below and you may want to check and see if they are doing the same things at your Association. Those things would be: 1) refusing partial payments (any payment you make MUST go to your assessments, 2) suing you in Small Claims court and charging Attorney fees (we believe this to be a new illegal scam happening with debt collection managers and ‘consulting’ attorneys.

 

• An updated list of defendants that have been sued on the amended complaint are:
• 1 – Huntington Continental Town Home Association, Inc.
• 2- Rustan Laine (former President)
• 3 – Myra Kuck (former Treasurer)
• 4 – Feldsott and Lee (a law firm)
• 5 – Stanley Feldsott
• 6 – Jacqueline Pagano
• 7 – Tyler Jones
• 8 – Keystone Pacific
• 9 – Cary Treff
• 10 – Erica Griffith
• 11 – Renee Barger
• 12 – Brittany Bennett
• 13 – Cane Walker Harkins (a law firm)
• 14 – James Harkins
• 15 – Arturo Chayra (dismissed as to some counts)
• 16 – Richard Sheldon Bar (dismissed as to some counts)
• 17 – Diann Robertson (dismissed as to some counts)

 

YOUR NEW SECRET WEAPON! – As a mandated member of your association you are effectively a ‘stock holder.’ When the directors are idiots and let the attorneys or management company fleece your operating account for every dollar you take in every month… or the directors are self-dealing in some way. If your lawsuit would benefit the Corporation as a whole and not just you – file a Shareholder Derivative Action against your management company or your HOA attorneys…. the law is that your attorney can get attorney fees!

 

Shareholder Derivative Actions – Your Secret Weapon!

 

association, manager, management company ‘now have’ added $25,000+ in attorney fees over a $120 debt the association created. Attorney fees 200 times the amount of dispute! We believe these are: $25,000 in bogus (unlawful) attorney fees and charges over a $120 small claims dispute!

 

SMALL CLAIMS HISTORY – A NEW VICTORY!

• Association continued it’s bad acts after trial. Long story.
• Owner sued in Small Claims for specific performance. Could not be granted.
• Association had filed new lien and attempted to sue in Small Claims.
• Association (improperly) dismissed first Small Claims suit, and filed a second.
• Association sued again in Small Claims and convinced Judge to give Association $5,000 judgment!
• Owner filed motion to vacate based on correct law. Stubborn Judge refused.
• Owner filed a writ petition. Writ Judge denied, said remedy in Small Claims Appeal.
• Owner appealed to Small Claims Appellate Division.
• Small Claims appeal trial got delayed and delayed…. (good luck)
• Owner filed Unlimited Civil complaint against Association and it’s bad actors.
• Owner notified new Judge he filed the Unlimited Case. Judge said to file motion for consolidation.
• Association’s attorney ‘Pinocchio’ danced on the tables playing his flute, his nose grew like a garden hose!
• Judge did not buy his twisted BS story and ordered a consolidation of case.
• This may have been same attorney ‘advised’ to file a Small Claims Action ‘after’ filing a lien! Civil Code prohibits this!
• (real estate lien is a limited civil issue – civil code gives two options, sue in Small Claims or file lien – not both – read history of law!)
• 2/9/15 – Judge says ‘legal issues’ – Judge consolidates…. another $15,000 of Association’s legal fees out the window!!!
• We believe Pinocchio has been paid. Another attorney who pocketed the Association’s dwindling money!
• Now on to Unlimited Civil against this malicious group.
• When a motion was filed to consolidate the Association’s lawsuit against me in small claims – the Association dismissed their lawsuit against me!! Another waste of $25,000 paid to an HOA attorney.

 

ALL OWNERS WHO OWN AT HUNTINGTON CONTINENTAL ARE BEING VICTIMIZED BY THIS FINANCIAL WASTE. THE WASTE HELPS NO ONE AND HARMS ALL OWNERS

 

 

Note – this site is not authorized by the Huntington Continental Town Home Association.

Downloads

Doesn’t it all make sense? If HOA payments are so important to the HOA why would they be refused at any time? Just how many people have lost their homes over this practice? CAI did not support Feldsott & Lee, or file a brief in appellate court. See Attorney Steven Roseman’s important CAI post: Accepting partial payments. Note – This site is filled with information. Note that it does not offer legal advice.

 

VICTORY! – The Fourth District Third Division agreed with the Appellate Division of the Superior Court! See decision below. This will save a lot of homes. If your HOA or management company is refusing payments waive the law in front of them. SEE BELOW. Even if they file a foreclosure action you can now save your home.

 

There are 31 files, weighing 20.5 MiB with 37,166 hits in total.

Displaying 1 to 20 of 31 files.

  2015 - Another victory for the little guy. $30,000 in attorney fees - poof!
» 444.5 KiB - 855 hits - September 29, 2015
Keystone Pacific assessed me about $120 in fines and interest. Again, the association's providers caused this issue, and they would not take the blame. I refused to pay. I sued, in small claims and they counter sued - then they dropped that case. They sued me again and tried to get attorney fees. Erica Griffith of Keystone Pacific became BFF with James Harkins Esq. and was calling and emailing him almost daily about my case! What then did sweet Erica Griffth do? Then sweet little Erica thought she would simply place those charges for her 'legal consultations' on MY ledger so I could pay for her legal advice! Gee who's getting rich here off the backs of HOA owners? So anyway they sue me AGAIN in small claims. Judge rules against me. I know the law, I appealed. During the appeal, I get tired of all this and sue everybody for their bad deeds (that is the 17 defendant lawsuit). Judge allows the small claims appeal to be consolidated with my new unlimited lawsuit. He gives association chance to prove their case now in unlimited civil division. Just on small claims case James Harkins legal fees are about $30,000! Over a $120 issue! Keystone has written checks paying their friend James Harkins. As they say one hand shakes the other in this HOA business and Keystone and Harkins 'coincidentally' work together on the same HOAs. When the going get's tough.. the tough run like hell. When the Judge rules and found consolidation to be appropriate the association (most likely urged by Keystone and Harkins) decided it no longer wished to fight! (I guess someone was more comfortable ambushing me with attorney briefs in small claims court, then fighting a real fight) so they told the Judge they would dismiss. Well well well... like Wily Coyote Harkins sneaks into court and dismisses without prejudice! By law he has to dismiss forever... with prejudice. So, I was then forced to go through many months forcing them to dismiss with prejudice. Judge ruled today! I win, they lose. $30,000 in Harkins attorney fees POOF! Out the window! So, will James Harkins and Keystone pay this money back to my association? Can you believe Keystone authorized $30,000 to be spent in attorney fees over a $120 debt caused by the association? How does it 'really' work in this business? The poor owners in every HOA fund the lavish lifestyles of people like Stanly Feldsott, James Harkins and the owner of Keystone Pacific - Sharon L. Todd. That is my opinion. There are 9,000,000 HOA owners in California alone paying for the lavish lifestyles of these CAI associates who go to their 'awards ceremonies' about who took the most money this year from HOA owners. Unfortunately the HOA business has turned into a racket. The service providers make 'fortunes' off of HOA owners. They know its a racket, and they all participate in the racket on the backs of HOA owners.

  2015 - Complaint (Our Second Amended Complaint - 17 Defendants)
» 8.7 MiB - 2,648 hits - August 31, 2015
They sue us, they lose. They break the law. Now we sue them. Sue your Association, sue your directors, sue their lawyers, sue their collectors for all the misery they put you through. Here is our {proposed} second amended complaint against the following people: Huntington Continental, Rustan Laine, Myra Kuck, Stanly Feldsott, Tyler Jones, Jacqueline Pagano, Cary Treff, Erica Griffith, Rene Barger, Brittany Bennett, Arturo Chayra, Richard Barr, Diann Robertson, Keystone Pacific, James Harkins, the law firms etc.... If we all sue these people it may put these parasites out of business. Read the lawsuit - it will give you a good idea of how the servicers take lots of money from your HOA.

  2015 - February Election Flyer! READ this flyer!
» 69.4 KiB - 793 hits - February 17, 2015
This is the annual general meeting election flyer. READ this flyer. It will educate you about this important election!

  2015 - Owners attorney fees defending law War #1
» 281.8 KiB - 1,444 hits - February 21, 2015
As you can see these battles are no joke and you play with real money. Sam Walker is a hero. He saved the law for the 9,000,000 people (25% of California's population) that the HOA managers and attorneys were taking homes from illegally. People who could have kept them by making their assessment payments. The owners should go through association's records with fine tooth comb and see what this Association has paid Feldsott and Lee, and James Harkins in attorney fees. Apparently even when attorneys give bad advice, and don't follow the law, they get paid. Why? How much have the Directors paid these attorneys? This is just my opinion of course. Generally it's only the attorney who 'really' profits. And when you look at their payments they make HUGE paychecks from every association who will pay them!

  2015 March 10 - Miner prevailing party with attorney fees
» 137.9 KiB - 1,428 hits - March 10, 2015
While this ruling is somewhat unclear to us what is clear is the Miner is prevailing party in entire action! Four years of life wasted over this! Attorney Sam Walker is a hero. So many homes will be saved by this ruling. Sam Walker beat Jacqueline Pagano and Feldsot Lee at their own game. My HOA lost a boat load of money because of bad advice from their own attorneys. This had NOTHING to do with my case. Feldsott's interest was to win this case so it could continue it's illegal acts of refusing payment. My opinion of course. It's appears they used my HOA's money to fight their battle: then lost. Who loses in the end? My HOA!

  2015 NEW - owner sues Huntington Continental Town Home Association and it's directors
» 1.5 MiB - 1,619 hits - January 4, 2015
After years of alleged continued harassment, violations of the law, and negligence owner has been forced to sue his association. Read lawsuit filed against Huntington Continental and directors Rustan Laine and Myra Kuck. If you have experienced any of these same issues please contact the attorney. Named: HUNTINGTON CONTINENTAL TOWN HOUSE ASSOCIATION, RUSTAN LAINE, MYRA KUCK, KEYSTONE PACIFIC PROPERTY MANAGEMENT, CAREY TREFF, ARTURO CHAYRA, DIANN ROBERTSON, RICHARD BARR.

  2015 Superior court Judgment AGAINST Huntington Continental
» 49.7 KiB - 1,171 hits - July 18, 2015
Judgment AGAINST Huntington Continental. With that said Feldsott and Lee, Stanley Feldsott, Jacqueline Pagano, and Tyler Jones were still paid even though it was found by Court the collection tactics were 100% unlawful.

  Amicus Curiae by AARP HERA NHLP - supporting JM Trust - NEW!
» 511.3 KiB - 933 hits - June 14, 2014
This is the Amicus Curiae brief for appellate court by AARP, HERA and NHLP supporting and in favor of the law where associations are compelled to accept partial payments. However, bigger news is that CAI the association's, attorney's and manager's own association did not support this case and file a brief. Matter-of-fact an attorney writing for CAI wrote an article paraphrased "what's so bad about not accepting partial payments". My personal opinion that CAI did not even support Feldsott speaks volumes. We are in a debt of gratitude for those who have supported us through this nightmare.

  Amicus Curiae CAHOA with overview - Huntington Continental vs. JM Trust - NEW!
» 337.8 KiB - 1,313 hits - May 2, 2014
This contains two documents from this organization. One is the Amicus Curiae asking for publication of the Huntington Continental decision and then a simple overview of how Collection attorneys "really work". We are humbled so many people have contacted over this issue. Please submit your brief to the court per their directions. Any application to file an amicus brief shall be filed no later than June 9, 2014.

  Amicus Curiae letter supporting partial payment decision
» 306.2 KiB - 2,075 hits - February 8, 2014
An amicus curiae (literally "friend of the court") is someone who is not a party to a case who offers information that bears on the case. VERY IMPORTANT document that explains what HOA Boards and collections attorneys do. Read the truth of what has been taking place at the Huntington Continental and other HOAs in California.

  Appeal Decision final 10/2014 - VICTORY! - NEW
» 158.6 KiB - 864 hits - October 14, 2014
Fourth District Division Three - final appellate decision. Partial payments must be accepted! Victory to 9,000,000 homeowners!

  Argument to Appellate Court by Huntington Continental - NEW!
» 2.2 MiB - 1,787 hits - May 13, 2014
This is the brief filed by the Laguna Hills, California collection attorneys, Jacqueline Pagano and Stanley Feldsott. The brief sure looks pretty.. but the words, the facts and the laws are twisted and slanted far in their direction. Anyone wishing to support the cause should read this "respondent's brief" filed by Ms. Pagano. Unfortunately she (in our opinion) mis-characterizes the facts severely in her direction. For example, there was no payment plan. A simple letter was sent to the HOA, not even the attorney. No "attorney payment plan" existed and these are some of the key issues. For 17 years these attorneys have been refusing partial payments even though the law was clear.

  Argument to Appellate Court by JM Trust (reply brief) - NEW!
» 532.4 KiB - 1,624 hits - June 8, 2014
This is our reply brief to the appellate court. It's just amazing that this would all have to be done because some attorney would not take your payment. Look at all the money that has been spent... first a trial, then appellate division of Superior Court, now full blown appellate court. It is so sad our legal system has become this way - we are fighting for the little guy. All the little guys who have had their homes taken when they could afford to make payments and some lawyer took their home over a few pennies. This is a good brief. 1365.1 of civil code is also crystal clear - after all you can't pay a disputed charge and go to court to dispute it if the attorney won't take your payment!

  Argument to Appellate Court by JM Trust - NEW!
» 408.1 KiB - 1,267 hits - June 4, 2014
This is JM Trust opening brief in appellate court over 9,000,000 homeowners being able to make partial payments to keep assessment levels below $1800 so that anxious HOA collection attorneys can not foreclose.

  Attorney fees in Small Claims Court for HOA
» 18.1 KiB - 1,197 hits - July 18, 2014
This associations newest weapon. Now this lovely group is attempting to claim attorney fees in small claims court. "attorney fees" is a generic term. Are they fees for representation, or consultation, or legal fees. There are distinct differences. See the Judges Bench Guide for Small Claims, Department of Consumer Affairs Small Claims Guide. Don't let some plaintiff bamboozle the court - small claims is about money damages. Anyone should question an award of attorney fees in Small Claims Court. Read The Small Claims Act beginning to end. [not legal advice]

  Check images paid to the collection attorneys for this case
» 298.6 KiB - 2,310 hits - March 21, 2014
These are checks paid by the HOA - not the homeowner! Why are your dues high? This is just a hand-full of checks written to the collection attorneys Feldsott and Lee for the JM Trust case so far - the total at this point may be more than $40,000! This is AFTER I sent a check a paid the debt in full! It just goes to show you how stupid this really is. The amounts in total are probably triple this amount just for the HOA at this point. After an illness two years ago I hobbled into a HOA meeting. I gave a speech offering to settle the lawsuit and handed each of Directors a settlement letter. They did not even read the letter. The spectators clapped and met me outside. Don't ever underestimate the foolishness of your Board of Directors and how much money they will waste in your behalf. Note this is NOT even close to all the checks and payments they have made. Do you think they had a better place to spend this money? Now they want to take 9,000,000 HOA owners rights away. Just wait until you get your special assessment for legal fees!!!

  Court refusing to de-certify decision
» 6.4 KiB - 1,154 hits - February 8, 2014
A collection attorney asked appeal court to de-certify decision. The Court promptly rejected their request.

  DOWNLOAD THE PETITION!
» 96.1 KiB - 1,138 hits - February 23, 2014
Please! Help to protect your own rights! This 17 year battle has finally been won protecting YOUR rights to pay partial payments in times of crisis, unemployment, disaster, accident etc. - the petition will help to secure your rights to make partial payments. Please sign and deliver or mail.

  Feldsott's request to move case to higher appellate court
» 400.1 KiB - 1,383 hits - February 17, 2014
After a panel of 3 Judges decided that you could make partial payments. Feldsott is trying to change the ruling. Of course the attorneys are not happy. The Board of Directors is supporting this by not stopping it!!! The goal is to take away your rights to make partial payments in times of personal catastrophe. Feldsott is being paid with your money, using you as standing, being supported by the Board of Directors, to take away your legal rights to make partial payments. Stand up and protect yourself! Tell your board of directors NO!

  Gena Hanson against Pro Solutions moves forward - NEW
» 92.6 KiB - 1,588 hits - July 15, 2014
7/11/2014 Federal Judge denies motion to dismiss Gena Hanson case against Pro Solutions in HUGE class action that should make HOA collectors rattle in their boots. JM Trust case mentioned in the Federal Judge's decision about partial payments aspect.