FYI:More and more responsibilities and Liability's for HOA Boards and their members. So who is going to investigate the Boards for harassmentand discrimination ?
California's Leader in Community Association Law April 16, 2017
HARASSMENTLast year, federal regulations were changed to address harassment and discrimination claims. The changes affect community associations. Even though associations are not housing providers, they are deemed so for the purposes of this statute.
IN ASSOCIATIONS
New Law. Effective October 14, 2016, boards of directors are required to address members' claims of harassment on the basis of race, color, religion, national origin, sex, familial status, and disability. This includes harassment by other residents, board members, managers, and vendors. The law requires that boards take prompt steps to investigate and end harassment. (Code of Fed. Reg. §100.7(a)(1)(iii).)
Harassment. To determine if harassment is taking place, boards can evaluate the nature of the unwelcome conduct, the context in which the incidents occur, the severity, scope, frequency, duration, and location of the conduct, and the relationships of the people involved. It does not require that the complaining party suffer psychological or physical harm, only that the alleged harassment occurred.
HUD Complaints. There may be legitimate circumstances where boards can intervene but there will also be unwarranted claims from hyper-sensitive individuals as well as false claims from vexatious individuals.
For example, a board member gives an owner a dirty look or tells them to be quiet while the board conducts its meeting. (In one of our associations the person claimed racial discrimination.) Or an owner is fined for violating the rules. (The person filed a claim of racial discrimination with the Department of Fair Employment and Housing.) Or two residents don't like each other and one seeks to harm the other by filing a claim. (Former boyfriend and girlfriend who lived in adjoining units had a falling out and claimed hostile environment.)
When harassment is alleged, boards must investigate. If the board determines a complaint is unfounded, unhappy parties can run to the Department of Housing and Urban Development (HUD) and complain against the board. Under new federal regulations, HUD will have authority to investigate the board.
Burden. Because there is no cost to claimants for filing such claims, some residents will use this as a tool to harass their associations. These claims will create an expensive administrative burden on HOAs since legal counsel will be tasked with responding to the complaints. This intrusion by the federal government into the affairs of homeowners associations is unprecedented.
The burden the new regulations create will likely outweigh any intended benefits regulators had in mind. Associations are not cities with paid city council members, police forces, and governmental immunities. They are nonprofits run by volunteers with no expertise and few resources for dealing with harassment (whether real or imagined). Civil remedies already exist. Making boards an arm of the federal government is going to make it harder to recruit and keep volunteers on boards.
RECOMMENDATIONS: Boards should work with legal counsel to adopt anti-harassment rules for their associations. The policies need to cover the reporting and investigation of alleged harassment. The policies need to include procedures for adopting findings and taking appropriate actions.
Thank you to my partner Jasmine Hale for the background information on the new regulations.
TRANSIENTS, TRASH
AND TROUBLE
I will join attorney Brian Moreno (Swedelson Gottlieb) to speak on the growing problem of short-term vacation rentals (STRs) in HOAs and what managers and boards can do to address the problem. We will cover:• Pressure on boards to allow STRsWhen & Where. The lunch seminar for boards and managers will be held this Wednesday, April 19 from 11:30 a.m. to 1:30 p.m. at the Skirball Cultural Center in Los Angeles.
• Problems & legal risks
• How to restrict STRs
• Enforcement mechanisms
RSVP. Register online at www.cai-glac.org.
Legislation. It seems unlikely I am the only Davis-Stirling fan who has left California but still have many friends there. Could you create a list by state of legislation directly impacting HOA homeowners? -Mel S.
RESPONSE: Every state has its own HOA legislation (as does Canada). The Community Associations Network has a list of the laws.
*****
Hackers #1. The hacking episode must have been highly stressful. Your upgrade lingo is so far over my head that I feel like you have been initiated into a secret cult. -Larry S.
Hackers #2. Oh my goodness. You’re a victim of your own popularity and relevance, Adrian! What a pity that today we’re all potential victims. -Marilyn B.
Hackers #3. I am horrified that you had to defend your website against a foreign country’s hacking. I truly appreciate the dedication and tremendous resources you dedicated to keep your website up and running and even better. Your efforts are greatly appreciated. Thanks so much. -Lisa E.
RESPONSE: Thank goodness the hackers weren't Russian. They could have derailed my presidential plans.
*****
Vexatious #1. Perhaps HOAs can do more in advance to steer vexatious persons away from becoming members. It might help to promulgate the message forthrightly (on websites, flyers, etc.) that “if you don’t like being subject to lots of rules, then you won’t be happy owning a condominium (and neither will your neighbors).” Would it be legal to pass a rule requiring that each HOA member include such a statement as part of the MLS listing when they put their unit up for sale? -David S.
RESPONSE: I like your idea. People who hate rules (or lack a sense of humor) should not live in associations. You could pass your rule but I don't know that anyone would comply.
Vexatious #2. Ten days ago we dealt with a malicious homeowner. She was taken kicking and screaming into a 72-hour psychiatric hold. The process involved the police and others. She's still at the rehab facility. -Michael O.Vexatious #3. About the angry malicious homeowner creating legal expenses for the HOA, doesn’t the Davis-Stirling law provide that if the homeowner looses in court, the HOA can recover legal fees? -Arthur R.
RESPONSE: Yes, it gives the court discretion to award legal fees. In our most recent case, we received a large award for the association. It should stop our vexatious stream of lawsuits. She will likely move to another association and restart her criminal enterprise.
Vexatious #4. Your newsletter has been positively inspirational to me on more than one occasion. I had some recommended passengers for the move to Barrow, but as it didn't work out and they are still here. At least for the time being they are much less "influential" due to a recent board election. Certainly, the pen is mightier than the sword, the disruptive persons exposed their own bullying tactics and unstable mentality as they posted to "Nextdoor." The recent election put them out to pasture. The ability to have good communication is absolutely vital to all homeowners' associations! -Elaine J.
Adrian J. Adams, Esq.
ADAMS | STIRLING PLC
We are friendly lawyers. For quality legal service, boards should call (800) 464-2817 or email us.
Jasmine Hale and
Sean Kargari (Association Reserves) will present Ignoring Your Reserve Study to the managers of Beven & Brock.
CLICK HERE here if you would like to book this presentation for your managers.
HOA JOB MARKET
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Contact us about amending your CC&Rs and Bylaws.
Please give a Yelp review for Adrian Adams and his law firm Adams Stirling PLC. Your reviews are much appreciated!DISCLAIMER
This newsletter is for advertising and general information only. Readers should consult legal counsel.
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Articles may be reprinted provided there are no changes and the following is included:
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They'll claim they didn't harass and show the judge's judgment against me as proof.So, how would I get around that one?
From: Cynthia Stephens <cynthi...@gmail.com>
Sent: Tuesday, April 18, 2017 9:57 AM
Subject: Re: [JudicialMisconduct] New HOA Harassment Law - (Code of Fed. Reg. §100.7(a)(1)(iii).) - I received this from another advocate this morning and wanted to pass it along to get your thoughts.
I have no clue. I would report them to anyone and everyone!
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They'll claim they didn't harass and show the judge's judgment against me as proof.So, how would I get around that one?
From: Cynthia Stephens <cynthi...@gmail.com>
To: judicialmisconduct@ googlegroups.com
Sent: Tuesday, April 18, 2017 9:57 AM
Subject: Re: [JudicialMisconduct] New HOA Harassment Law - (Code of Fed. Reg. §100.7(a)(1)(iii).) - I received this from another advocate this morning and wanted to pass it along to get your thoughts.
I have no clue. I would report them to anyone and everyone!
To view this discussion on the web visit https://groups.google.com/d/ msgid/judicialmisconduct/ CABNPbioOofeQHUHOS5ntswGVjf8mW Do1wxWUpUvWxPB1_jieDg%40mail. gmail.com.
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Do you have an email address for Bob G?I don't know who that is.Also, the law saysThe law requires that boards take prompt steps to investigate and end harassment.So, how does the board that was harassing me investigate itself?How will that work?
From: Cynthia Stephens <cynthi...@gmail.com>
Sent: Tuesday, April 18, 2017 10:13 AM
Subject: Re: [JudicialMisconduct] New HOA Harassment Law - (Code of Fed. Reg. §100.7(a)(1)(iii).) - I received this from another advocate this morning and wanted to pass it along to get your thoughts.
Not sure. Have you spoken with Ken D, or Bob G about this specifically? If not, please do.
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October 2015
November 2015
Justice Served - Episode 18 - 11-24-15 - Andy and Lou discuss the Robert Leone case and the failing culture and climate of the legal profession in PA concerning the proper representation, protections and acquiring justice and accountability for the innocent, those who have been seriously abused and apparently assaulted, as in this disturbing ordeal inflicted upon Robert Leone at the hands of some in the Pennsylvania State Police. Did Robert Leone's attorneys "throw his case"? Also, John DiLiberto's case (surveillance matter), Commonwealth vs John DiLiberto, is discussed.. The charges against John DiLiberto, "driving without a license" is discussed and apparently John DiLiberto was pulled over by officers just "scanning license plates," "just looking for probable cause." which we supposedly have Constitutional protections against. .Andy, "John (DiLiberto) was pulled over due to what was on his car. He was engaged on speech activities that were on his car." We should all "get this." Bumper stickers is why his pale was scanned and why he was ultimately cited. Additionally, mentioned is Larry Hohol, author of "The Luzerne County Railroad " and producer of a video and information on the Robert Leone's case:.http://justiceforrobertleone.com/. More information on the 2009 case of Robert Leone; info and a video everyone in Americana must know about, please see: Police Brutality Worse than Rodney King - The Robert Leone Story, Video By Larry Hohol .
December 2015
Justice Served - Episode 32 - 1-7-16 - Guest: Ward Lucas - Ward Lucas joins us on Justice served tonight. We are going to continue to introduce our listeners to some of the issues and abuses, as well as the judicial and legal abuses plaguing HOA homeowners in mandatory HOAs in Pennsylvania and across America.
Ward is the best selling author of "Neighbors at War - The Creepy Case Against Your HOA," and also has evolved and grown to become one of the leading HOA experts and provides one of the nations leading resources on HOAs, attracting the nations leading advocates and experts contributing on his one of a kind national blog, www.neighborsatwar.com.
John has been an inspiring force for change among the millennials, and has traveled to Washington, D.C. to participate in the "million mask march," has recently traveled to Cleveland to bring attention to police reform in light of the shooting of 12-year old Tamir Rice, and is organizing an effort through "The Pohttps://www.facebook.com/anonymousstatecollegelulzsec/?fref=tswer of the People" and "Operation Helping Hands Philly" to travel to Philadelphia on January 17 to provide food, clothing, and supplies to the needy there. More info for John Adams: https://www.facebook.com/profile.php?id=1215527179, Anonymous Sate College - https://www.facebook.com/anonymousstatecollegelulzsec/?fref=ts
Justice Served - Episode 34 - 1-13-16 - Andy, Lou and Friends - A continuation of the "Sanity Check" show and the celebration of the" Blessing of the Books Ceremony" at Twig's Cafe - Promoting Literacy
The ceremony for the "Blessing of the Books" collection, and friendly competition, between the Panuska College of Professional Studies of the University of Scranton, and the residents of the Tunkhannock area.Though everyone won by advancing the cause of literacy, the people of Tunkhannock collected about 10,000 books, which will be sent all over the world to help children learn to read.It was really inspiring event to be a part of, and the educators from the University of Scranton, led by Dr. Debra Pelligrino, Dean of the Panuska College, are a true tribute to the role of the teaching profession in this country.
I could go on talking about it, and the basic role of literacy in providing for an educated populace in control of our own destiny, but, for now, I just urge people to support the cause of literacy, and support our teachers, in any way you can.Thank you to Lori Bogedin of Twigs Cafge and Lou Jasikoff for all you did to make this a successful event.
Then, call in guests that include Mr. X and Mike Lacey and an informative discussion on the "corporate structure" and current laws shielding and protecting "corporations" from the range of abuses and criminality that can and may be carried out by corporations, or directors of corporations in America, with little or no accountability and especially, no personal accountability. This "corporate shielding" is being used to take advantage of all Americans, solely for the benefit of those who know how to use and even abuse this system for their own benefit. (Please see the photos of the celebration of the "Blessing of the Books Ceremony" attached.)
Justice Served - Episode 35 - 1-14-16 - Guest: Athena Roe - Colorado attorney Athena Roe, of the National Association of Probate Reform and Advocacy will talk about her work in shedding light on, and bringing reform to the probate court (will and testament courts) systems across the country, where billions of dollars of wealth are exchanged annually. Athena's organizations discussed: harjustice.org and theharcompany.org. Additional information on harjustice.org: "The National Association for Probate Reform and Advocacy or "NAPRA" is dedicated to ending crimes against humanity in America's probate courts including: fraud, intimidation, bullying, harassment, and financial exploitation through public awareness campaigns." The organization has an impressive Board and I am sure you will recognize some of these individuals from their advocacy and work on legal and judicial reform. I truly believe this is an interview all in America should hear, as the discussion centers around the abuses of Americans in the probate courts
Justice Served - Episode 36 - 1-19-16 - Guest: Mike Ference -Mike Ference, from Allegheny County, Pennsylvania will be on to discuss the Catholic Church abuse scandal and its Pennsylvania connection, as well as what he calls the "Zappala Crime Family," and its connection to issues going on in our courts. Mike Ference's blog: The Ference Wheel, mikeference.blogspot.com. Also, Mike Ference on Facebook: https://www.facebook.com/search/top/?q=mike%20ference.
February 2016 continued:
Justice Served - Andy Ostrowski - Episode 48 - 2-17-16 Interview with Jim Lane- HOAs www.hoaowners.org,www.nchoalaws.org
Justice Served - Andy Ostrowski - Episode 49 - 2-18-16 Interview with Ken Ditkowski - Elder/Probate/Guardianship abuses and "disciplined attorney" for reporting injistice
Justice Served - Andy Ostrowski - Episode 50 - 2-23-16 - Episode Unavailable
Justice Served - Andy Ostrowski - Episode 51 - 2-24-16 Interview with Janet Phelan - Journalist
Justice Served - Andy Ostrowski - Episode 52 - 2-25-16 Interview with Gloria Sykes - Elder/Guardianship/Probate abuses
March 2016
Archives changed format March 31 -March 01, last in the month, is first listed
April 2016
Archives changed format a little again, but still, last in the month, first listed.
I
AVW -
"BobG" is Robert Grundstein, rgr...@pshift.com.
I don't know if he knows anything about this particular stuff (HOA & friends), and I myself certainly know nothing about it, but I encourage its discussion on this JudicialMisconduct Google Group, so I thank you folks for raising these issues and getting involved here …
- Walt
To view this discussion on the web visit https://groups.google.com/d/msgid/judicialmisconduct/dacdc050-924f-7e10-334f-9c71703a8d47%40gmail.com.