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 37,185 hits in total.

Displaying 21 to 31 of 31 files.

  Gena Hanson federal complaint
» 213.0 KiB - 708 hits - February 28, 2014
Everyone has had enough of these debt collectors like Feldsott and Lee. Here is a Class Action complaint against Pro Solutions. I would expect a class action against Feldsott and Lee next. This is good read. It shows you the pathetic predatory tactics that these firms use to collect fees far above what is owed by the home owner.

  Gena Hanson federal complaint (amended)
» 1.4 MiB - 914 hits - March 19, 2014
Here is the FAC in the Gena Hanson case. All the issues in this case are similar to the issues I face[d] in the Feldsott and Lee case. Effectively all these debt collectors who use this business model are now under the microscope. This case also alleges the "partial payment" law and not applying payments to assessments first. Feldsott was doing accounting tricks... which their own employee could not explain in court. Rather than just paying down the assessments with the payments made, they would pay down the assessments but add the same amount as collection costs - and write themselves a check! How convenient! This is why I could never make sense of the accounting.

  HOA compelled to accept partial payments
» 72.4 KiB - 1,078 hits - February 21, 2014
This document clarifies the law and the 17 year battle to to force HOAs to accept partial payments. This is big news for HOA owners! Download this document on partial payments so you know the history of this law.

  Huntington Continental articles of incorporation
» 76.5 KiB - 810 hits - March 21, 2014
Huntington Continental articles of incorporation.

  Huntington Continental bylaws
» 404.4 KiB - 723 hits - March 21, 2014
This is the Huntington Continental bylaws

  Huntington Continental CCRs
» 996.5 KiB - 645 hits - February 8, 2014
Here is the declaration that controls the rules for the Huntington Continental association.

  Huntington Continental CCRs - clean copy
» 573.0 KiB - 787 hits - March 21, 2014
The CC&Rs or "declaration" for the Huntington Continental Town Homes.

  Open Letter to HOA owners regarding partial payments
» 21.3 KiB - 631 hits - February 12, 2014
Open letter sent to owners regarding legal rights and partial payments. (small batch had spelling error; now corrected). Download and read the letter about HOA challenging your rights in court. Please sign petition.

  Original payment letter to Huntington Continental (NOT A PAYMENT PLAN)
» 59.0 KiB - 603 hits - March 16, 2014
No attorney crafted "payment plan" here. This "letter" was sent ot HOA (not the attorney) telling them I would make payments. I first contacted Feldsott by email after I received a threat letter from them. I had a few emails with Tyler Jones who turned out to be the attorney's assistant. I told him I was going to pay the dues owed to the HOA. He asked me via email how much I was able to pay. I told him $2,000, simply answering his question. I asked for accounting. Unfortunately Mr. Jones did not tell the truth in trial. He stated he sent me itemized accounting in the mail several times (nope). Funny that itemized accounting was magically inserted in their exhibit letters and Tyler swore to a lie. In reality I had to sue the association in small claims to get my line item accounting. The accounting changes monthly. That is when I got my itemized accounting showing me their bad accounting practices. Mr. Jones then served me the actual foreclosure lawsuit in person at the small claims hearing just after Lisa Salinas handed me the documents I had requested including my accounting. Jones was kind of like the "henchman" for the attorney firm... the bottom line is that it took a small claims lawsuit to get my documents and they served me MONTHS after I attempted to pay the account in full. While I got no money at the small claims trial I did get all the documents I wanted which made it worth it. Jones served me with the foreclosure compliant A FULL THREE MONTHS after I sent the certified check to pay the assessments in full!!! This was simple letter I had sent after I received the letter from the attorney. Had no idea they had sued me. Had not been notified or served when I sent this letter (they had some mythical service at the condo - funny that it was a rental condo). Amazing that the ENTIRE time this lawsuit was in the court system and there was no response, the attorney Ms. Pagano, NEVER CALLED or contacted me one single time by phone or mail in EIGHT MONTHS - all the while I was writing letters to the HOA every few weeks asking for accounting offering to pay my due in full. When I received a notice of default 8 months later, and I called her to ask her what it was all about, she freaked out [process server had filed a fraudulent POS]. She then sued me again the next day as an individual. Interesting that she could find my address when she sent the default, but not when she falsely served me at a condo I had not been to in years. [???] The letter is OBVIOUSLY not a payment plan as Feldsott continues to call it and this is just an indication of how they do business and why this is so unfair for most homeowners.

  Overview of partial payment ruling and summary
» 171.3 KiB - 1,090 hits - February 24, 2014
Download the summary and overview of the ruling by the Center for California Homeowner Association Law (they also fight for your rights). This gives you the facts and a petition to sign and send in.

  Superior Court Appellate Decision
» 74.3 KiB - 587 hits - February 8, 2014
This is the Orange County Superior Court Appellate decision rendered by the 3 Judge panel in favor of JM Trust.