HOW TO AVOID BEING RIPPED OFF BY YOUR HOMEOWNERS ASSOCIATION

Courtesy of By Chester D. M'Bezlah
Copyright 2005 HOA Fraud Investigations News Services

President Reagan coined the term "VOO DOO Economics". More recently, we Californian's have heard the term "Enron-itis".

HOA Fraud Investigations News Services"CREATIVE" Accounting also known as "Cooking the Books" is alive and well in California Homeowner Associations. Residents are being victimized by Enron-like fraudulent accounting practices as board members and managers conceal, hide and cover up stealing, gross negligence and failure to comply with Section 1366 of the California Civil Code.

All over Southern California HOA reserve trust fund accounts have been raided and in fact depleted for such frivolous and fool hearty endeavors as construction defect quality cyclical maintenance and repair projects, slipshod and fly by night Board Member's vendors, litigation to line the pockets of HOA lawyers to clean up the debacles created by the previously referenced projects and vendors, and overlooking stealing, embezzlement and gross mismanagement of HOA trust funds.

David McGrath and his "Cheer Group"  featuring one Brian Martin and Jan Meldola, the only 2 attending Board Members during recent Election (everyone else refused to be associated with this group),  made sure that no less then $53,000 of our money goes to David's lawyer Raymond Szu for his attempts to illicitly change our Bylaws under false pretext that he is changing the "Rules" and to harass a member whose right to be seated as a Board Member has been corruptly and unlawfully denied. Mr. Szu is very capable gentlemen. He is not only a lawyer but also a passioned and seemingly professional gambler who regularly plays in Poker tournaments for money.  To find out how successful he is in changing employers and his Poker game, Google his name to believe what's you'll see.

Read the entire article here...

ADRIAN J ADAMS, ESQ "FIRED", PAT SMITH RESIGNS TO AVOID "THE BOOT" !

The prize goes to Board members Fred Gharib, Brian Martin and Jen Mendola for taking decisive steps to eliminate drainage of our founds caused by disloyal activities of Board member Pat Smith A-1125.

We beleive that for many years Pat Smith was an Adrian J Adams' “employee” and a "cuppler" who collected in secrecy percentage from EACH "legal" bill Adams submited to HOA for bullying and harassing homeowner, other "legal" shenanigans or simply nothing.

To ensure that she and her cohorts were permanently installed on the Board in perpetuity by concocting bogus reasons for disqualifying alternative candidates at future elections, Pat Smith and Adrain J Adams, Esq came up with the new twisted “Member in Good Standing” policy, which is one of Pat's  latest tricks coming on the heels of her June 30, 2009 ELECTION FRAUD she staged in concert with  CAI trained manager Mark Montgomery and dishonest lawyer  Karen Nagad, Esq who reportedly harassed our residents and lied in court blatantly on top of fabricating evidence. This are all FACTS!

To discourage reading, Pat Smith presented proposed changes in "pale green typeface" hoping the current Board Members are stupid and would not “catch her drift”. She was wrong!

Pat’s "CC&R committee" coast us money and should be terminated in Oct 20th open sesion. With Pat Smith gone, the only treat to our founds left on the HOA Board of Directors is David Mcgrath. Read more below! 

ADRIAN J ADAMS, ESQ - HE DID IT AGAIN - SAME STORY DIFERENT HOA !!!!

The CCV Alliance was informed about yet another major HOA lawsuit being filed against SPECIFIC BOARD MEMBERS in the prestigious 136 unit Malibu Bay Club (Case#Case Number: 56-2010-00374836-CU-MC-VTA  Case Title: Gelberd et al., v. Sandbach et al.)

 The complaint alleges that Board President and certain disloyal Board Members "Control Group" hired Adams Kessler, PLC to advice them how to hide everything in "executive sessions" and more. The Board Members overpaid Adrian J Adams, Esq and hired family members and friends contractors in an alleged attempt to self-benefit from self-dealing. [ Similar story happened at Cross Creek Village]. Our old friend , ruthless harasser Adrian J Adams, Esq, is mentioned in the Complaint but was not sued (yet) directly, pending discovery in the above entitled case.  This is the same Adrian J Adams, Esq who got kicked out of Cross Cross Creek Village for engineering election fraud and harassing homeowners and certain Board Members.  As it appears, Adrian J Adams, Esq is on the radar of several diligent attorneys willing to go all the way to put him on the Fast Track for disbarment.  If you have any personal knowledge about this troubling condo lawyer, please contact attorney Lottie Cohen, 3637 Motor Avenue, Los Angeles, CA 90034-4883. We are fully supporting all legal efforts to use available evidence regarding Adams' ruthless intimidation, over billing, harassment, and more in favor of disbarring Mr. Adrian J. Adams, Esq as soon as possible. 

Speaking about disbarment of unethical lawyers, the CCV Alliance was recently informed abut another overdue referral being filed with California BAR Chief Trial Counsel. Referral was made due to his alleged misconduct  at Cross Creek Village HOA by a Santa Clarita attorney Raymond Szu - click on the picture to the right to enlarge!  David McGrath hired this avid poker player and lawyer to torment and harass specific homeowners tso o please David and his next door neighbour Jen Meldola because they dislike certain national backgrounds and religion and because this homeowners asked why is David McGrath receiving HOA money? 

The investigation is pending and we hope to see the alleged abusers of HOA position properly reprimanded.

"I AM CASINO & LUXURY HOTEL MANAGER” - DAVID McGRATH LIED TO HOMEOWNERS TO GET A SEAT ON THE BOARD OF DIRECTORS!

 Just as the words of convicted swindler Bernie Madoff were apparently quite convincing to many people who were regarded as knowledgeable and sophisticated... the words of David A. McGrath was convincing to those of us who could not see at the time  that his perfidious goal was to use lies and knowledge of others to put himself in power instead of Neda Firouz. - Check that 'foxy' smile!

SOURCE:Hollywood Park Casino website. - Click to Enlarge!.

CHEF'S FRAUD: - TAKE A GOOD LOOK at this man laying on the gambling table - This is DAVID A. McGRATH, Cross Creek Village "Charlatan" who in order to get elected "Board Member" resorted blatantly to LYING to homeowners in his Election Bio and when he knocked on their doors and asked for signatures. - [see "bio" below]

While LYING is only a small element of "FRAUD", lying is still morally and ethically wrong and we do NOTwant immoral and unethical people serving on the HOA Board and handling our money! Period. 

Below you will find several question received from CCV residents:

Q: Why did David need to lie to us and other Board Members?
A: Because he desperatly wants to be recognized as a leader he is not capable of being because he lacks knowledge, experience, and credibility, for starters.

Q: Why is he called: "MAN WHO LIES A LOT" ? 

A: Because David McGrath's PERFIDIOUS CHICANERY posing, and sharp practice goes well beyond the bounds of legitimacy. What David is good at is conning and convincing people he is something he is NOT.

Q: HOW DAVID McGRATH TRICKED HOMEOWNERS?
A: According to few first hand witnesses, David McGrath went door-to-door to hustle residents to sign his predated proxy. The objective of this "sharp practice" was (1) to block the other Board candidates  from obtaining signature from the same person on a later day, which would invalidate David's proxy, and (2) to cheat election director into believing the proxy was signed on the day of election.

Q: What are David's Motives and Intention Behind Such Practice?
A: According to his “former friends”, which he deceptively used to further his purpose, David became very excited when he learned that Neda Firouz was skimming substantial amount of money in cooperation with her contractor BINO, and Board President Madeleine Short and Pat Smith. Instantly, when he recognize how easy was for Neda to steal from HOA David's eyes glared and he proclaimed “ I want to be the Board President”. For months thereafter David went relentlessly door to door, luring homeowners into giving him support on false pretexts. In his words, he “never took his eyes of the ball”.

Q: So, what Hollywood Casino Cheff David A. McGrath wants is his hands on our money, right?

A: Think for a moment, - why would a man in Financial Distress and whose mortgage is in "upside down" possition want to "fight like a tiger" for a non paying job? It doesn't make any sence untill you put into equation that position comes with control of  HOA's $2.5Mill budget, which in good part goes on contractors who are gratefull for the job, thus the kick-backs! The only logical answer  why David wants to "work for free" when he needs money is because he hopes he will gett some and no one will knows.

Q: Does David A. McGrath have a job?

A: Apparently,Taro hired "talented" Chef David McGrath some years ago and he sees to it that the gambling patrons are well-fed with tableside service for breakfast, lunch or dinner 24 hours a day!  Never the less, David admits he gambles a lot with his girlfriend Margarete Santoro and as usually happens, "lady luck" is not a very "loyal girl". Gamblers tends to lose a lot of  money. So, it is reasonable to assume that his Financial woes are only exuberated by such unhealthy habit. As such, David is logical threat to HOA and our accounts.

Q: Was Mr. David McG... (?)  a CCV Allinace member?
A: Yes, he was at some point, but since he was doing bad things and was giving "the allianace" the bad name he got  kicked out! This engered David very much.  This when David begun lobbying his first door neighbours,Victoria Dolceamore and Jen Meldola to become his "Group" by badmouthing other alliance members.

For the record: "The Alliance" looks after the best interest of all homeowners. Since David didn't care about  anything else but his own interest and how to get in power, we did not want to be associated with him. .

... CON-TROLLING FOR KICKBACKS!

Q: How he plans to  pilfer our money?
A: David admitted to having a plan to copy "How to Steal" Neda Firouz blueprint. David's plan was to start changing vendors as soon as he gets on the Board of Directors,  in hope that new vendors will offer him kick-backs. This appears to be all David wants and needs in order to recuperate his investment in down payment before his up side down mortgage is 'dumped" and befree he moves out closer to his job in Inglewood, where rents are more affordable.


Q: DID DAVID LIE IN HIS ELCTION BIO?
A: But of course he did, 'selling' is David's forte: Election Bio Lie No 1: Many beleive that David  misrepresented to homowners that he holds "degree in business administration" from FU (Florida University) but when we asked him to show his diploma, he would NOT.  Earlier, David admitted that he first attended PSTS ("Philadelphia School of Tough Streets ").. and then he went to a school for "COOKS".

Election Bio Lie No 2: David lied when he said he has “twenty years of experience in managing luxury hotels and casinos”.

Election Bio Lie No 3: David said  he manages “thousands of employees”, which is... you guessed right ...nothig but the "hot air" and delusion David McGrath is full of, once you get to know him!

When questioned recently, David McGrath admited to Insurance investigator that he was Born May 9, 1972. If Born in 1972 David was only 17 twenty years ago! Now, how many of you do really believe David was a “luxury Hotel Manager” at age of 17?

Yes, the conclusion that he LIED is there, thus the nick “MAN WHO LIES A LOT”!  - Bottom Line: We ask David to apologize to CCV homeowners by RESIGNING IMMEDIATELY. We need this to prevent possible damage to the association.

Q: Did David McGrath really threatened to shoot Guard Jackson for removing his flyers?

A: According to an eyewitness - Yes, David threatened Security Guard Jackson in February 2009 and then caused Cross Creek Village Security Guard Jackson to be transferred after storming into security office and flat out threatened to shoot him at his place of work for removing his flyers posted all over the complex.

Concerned Cross Creek Village Residents AVOID David McGrath because he owns guns and has threatened to shoot people with his hand gun/s.

HARASSMENT OF VENDORS: HOA minutes show David also harassed our accountant Mr. Tevlin. David  is not a person we need on the HOA Board. He first cheeted us to get on Board and now that he is on the Board he is now abusing power and is wasting OUR MONEY to keep advanicng his personal agenda.

To imitate Pat Smith and Neda Firouz, David apperently hired his own lawyer harasser to harass residents who flat out don't like David and who think and share the opinion that David is a CROOK and the liability for the complex, which the Board must eliminate ASAP. 

Q: Is it true that David A. McGrath likes to manufacture FRAUDULENT DECLARATIONS to hurt his oponents and that he even worked with Adrian Adams, Esq, his own declared enemy, and Adams' "side-kick" Karen Nagad, Esq, on prepairing a fraudulent declaration that helped admitted vandal Tracy Templin stay employed at Cross Creek Village after he ruined two of the resident's cars!  

A: Yes! Very Imoral Person, David  A. McGrath declared many times to hate Adrian J. Adams, Esq and his sidekick Karen Nagad,Esq and Neda Firouz. But then, because he evidently hate more and more people, and when it serves his own purpose he works “hand in glow” with his enemies to hurt his enemies. These who know David reportedly think he is a "smooth talking menace with no scruple", who only seek to satisfy his own needs. - Just read all the posted comments!

False Testimonies: David also admitted to testifying falsely against Food and Beverage Union Workers (FBUW) on behalf of his employer so he can get few extra benefits for hiself, out of his employer on expence of poore worker who is to be hired based on David's LIES! 

Stealing: David Admits to take kickbacks from Hollywood Park beverage vendors who service Inglewood Casino. If he takes kickbacks from these vendors why should we assume he will not do the same here at Cross Creek Village vendors?

All the Honest Board Members who does not intend to collaborate with David into secureing themselves a snug and unassailable position from which they can work "hand in glove" with vendors to their mutual financial benefit, MUST WATCH David and must inform each vendor that CCV HOA does NOT allow kick-backs!

ONE MUST KEEP IN MIND that David is master in conning people. His forte is to convince you that he is your “buddy” so he can use you for his own purpose  - We remember how he used nice homeowners like Lucy Cho to help him post flyers all over the complex and then when he did not need her anymore he dumped her and ignored her. - Everyone who trusted David once ended up disappointed!  

Click to enlarge David’s declaration against Karen Nagad, Esq. Karen Nagad, Esq was Adrian J Adams', Esq lawyer. Adams' and  harassed female resident by suing her, lost the case then confronted her and called her "mental patient".

David AGAIN signed a fraudulent declaration in the Restraining Order case against crack using HOA maintenance worker Tracy Templin, who admitted to vandalizing resident’s vehicles in HOA's upper B garage on behalf of CCV former manager Neda Firouz. In doing so, DAVID KNOWINGLY HELPED THE CRIMINAL in this complex, for which reason he should be asked to resign immidatly before he manage to cause this comunity any substantial damage.

If you have personal experience with David McGrath, you are welcome to provide additional comments.

Strengthening the Rights of Homeowners in Community Associations

A Homeowners Association (“HOA”) has the power through the board of directors to enforce the governing documents, to make and enforce rules, and to levy fines and penalties against homeowners who do not comply. HOAs have been compared to municipal governments in both the duties owed to homeowners and the power to police homeowner conduct through the courts or through non-judicial methods.

While a 2007 National Survey by Zogby International reported that 72% of those interviewed had a positive experience living in a community association, this is little consolation for the homeowner who is faced with the threat of foreclosure for unknown charges on their dues statements, illegal assessments, unreasonable rules, or discriminatory conduct by the HOA. Owners may also encounter an HOA that fails to maintain the common areas, to prepare and distribute annual disclosures, to hold open meetings where homeowners can have their concerns addressed, or to respond to nuisance complaints or problems between homeowners.

The weight of the legal community is on the side of the HOA. Both the California Association of Community Managers (http://www.cacm.org/) and the Community Associations Institute (http://www.caionline.org/) make available to their members an extensive list of top shelf lawyers available to represent HOAs which are likely to have greater financial resources for attorneys' fees than do individual owners. Fortunately, if the homeowner prevails in an action against the HOA the homeowner’s attorneys' fees may be borne by the HOA.

There is an effort on many fronts to increase the regulation of HOAs. In July 2006, the AARP published “A Bill of Rights for Homeowners in Associations,” which advocated for fairness in litigation, and for the oversight of associations and directors. CAI responded that the AARP proposal would “increase costs to those who abide by the rules, yet benefit those who act against the common interest.” The California State Assembly has twice tried to enact a law which would create a Community Association Ombudsman who would assist community association homeowners. The legislation was vetoed both times by Governor Schwarzenegger, most recently at the end of last month.

Mandatory education for board members and an improved mechanism for settling complaints of homeowners against their HOA would benefit all homeowners. In a recent Colorado case, an HOA was ordered to pay $550,000 in attorneys' fees and related costs to a homeowner who asked the Booth Creek Townhouse Association to investigate moisture intrusion into his unit. The original repair would have cost about $5,000. If the HOA’s appeal of the attorneys' fees award fails, the homeowner members of the association will be responsible for paying the debt.

In a significant act, CAI filed a friend-of-the-court brief in support of the homeowner who was “forced to take several legal actions year after year for the sole purpose of forcing the association to honor its obligations and perform its duties….”

FBI Director Robert S. Mueller recently announced the inception of its Corporate Fraud Hotline as part of the national Corporate Fraud Initiative. This personally manned hotline will provide the general public with the opportunity to furnish information concerning suspected Corporate Fraud matters directly to the FBI in Washington, DC, via a tollfree telephone number, 888-622-0117.

CURBING HOA FRAUD: The FBI agents have asked that homeowners familiar with certain illegal practices of HOA lawyers and managers to send in their reports to their attention for referral to their superiors for investigations.

ANTI-HARASSMENT: If necessary, homeowners can also obtain restraining orders against unethical Lawyers and abusive Board Members who harass or discriminate against homeowners or violate homeowner's rights under FHA and and can refer unethical HOA lawyers to State BAR for disciplinary action such as suspensions and even disbarment.

VOTE NO ON NEW ASSESMENT - YES TO BINO, INC INVESTIGATION TO GET OUR BIG $$$ BACK!

As the living cost in California increases our Board “volunteers” need higher incomes… , so does our parasitic HOA Manager, her sister assistent and the Board's brigand attorney Adrain J. Adams who run Board and the manager... huh, WAIT, the list continues..., and her assistents and her contractor Bino ... - ALL ON YOUR EXPENSE!!!

SUPPORTED BY UNETHICAL LAWYER ADRIAN J ADAMS, ESQ THIS IS THE TRUE REASON for yet another assesment or should we properly call it a INDUSTRY RACKET on homeowners!!

Oh yes, this is all supported by "experts", you are told. For $44,000 manager's "expert" called Marx & Ocubo apperently confirmed gladly all she asked him to confirm. For $44,000 M&O even said that coper plumbing needs to be changed, which true experts said is nosensens! TRUTH IS, THIS IS AN EXPOSED HOA "LAWYERS & EXPERTS" RACKET on homeowners at triple the real cost, designed to recapture your equity drip by drip. To STOP it, the current, corupt Board members MUST BE REMOVED FROM OFFICE!

THE INDUSTRY "EXPERTS" RACKET ON HOMEOWNERS EXPOSED:

The RACKET is the HOA fact. It incorporates 1. CAI Lawyers, 2. CAI Management Compnies, 3. CAI Onsite Managers (like ours) , 4) General Contractors (Bino,Inc) etc. They follow THE Same CAI Script and work jointly to bleed homeowners out of their equity and even their properties, if they fail to pay assesment/s. To STOP that, you need the Board, which is made out of HONEST new homeowners, knowledgable and independent. > CLICK!

WHO WAS "THAT EXPERT" AT THE FEBRUARY 24th MEETING?

That mysterious "gentlemen" wearing thick glasses at February 24th meeting was a city-wide known, brigand anti-homeowner attorney Adrian J. Adams. Cross Creek Village is his "piggybank". He teaches current Board Clicque (including) Manager how to trick naive homeowners. The goal is to not end up forfeiting power to new Board of honest directors who may fire him; (read more about Adrian J. Adams bellow). With Adams came Karen Nagad, another anti-homeowner attorney “litigant fluent in Hebrew and Farsi”, per firm's web site. She was hiding in the audience, spying on our homeowners and we are afraid we had to pay for that also. She was skillfully hiding in the audience on our expense. Why was he there? Why we need 2 lawyers on our meetings?

Sources close to Mr. Adams practice confirms Adrain J. Adams,Esq uses female attorneys to lure gullible Boards into his “perpetual salary HOA net”. Mr. Adams has 3 female-attorneys with 3 different national backgrounds, to cover the most L.A. demographics. Armenian, Hebrew and Korean women’s job is to gradually move gullible Board members into "right" direction such as installing CAI trained manager to separate you the homeowners from you C A S H - R E S E R V E S and force you to pay N E W A S S E S M E N T!

Their job at HOA meetings is to watch and observe "disgruntled" homeowners who threaten their “piggy bank”. In a sense, YOU the homeowners are treated by these “industry specialists” as cash machines they control via progreamed Board Memebrs to spit more and more money on ongoing basses! – TO STOP THIS MEMEBRS MUST RECALL THIS BOARD TO PROTECT THEIR TRUE INTEREST!!

NINA PELTONAA – TREASURER IS SIGNING BIG CHECKS TO LAWYER & CONTRACTORS:

The CCV Alliance also heard rumor that back-door profits from contractors goes to lawyer's trust accounts and is then reinvested in CCV foreclosures via phony companies. Certain Board members, some of them RE agents and their lawyer/s are hopping to grab cheep froclosed CCV units from seniors at heavy discount from these poor members who cannot pay assessments. These are nice people, the long term homeowners who are no longer able to afford our outrageous dues and that’s darn Cruel & Preposterous! Our dues are already highest in PDR. At $398.00 X 532 units that comes to $211,736 per month or a whopping $2,540,832 per year! Where is $211.000 going EVERY MONTH dear friends?

Manager's company Bino Construction took most of our reserve money (over a $1 Mill in FY2008). It's a FACT. We can sue Bino Contractor for BAD QUALITY WORK to get our money BACK. Many of you also asked to sign pettition to fire lazy, overpaid manager and bring decent competent people to run CCV BETTER.

This Board has failed community ALL THE WAY and IT HAS TO GO. BUT THEY WONT. THEY FIGHT AS TIGERS USING OUR MONEY TO PAY UNETHICAL , PROFIT DRIVEN LAWYERS TO KEEP THESE "NON-PAYING" BOARD JOBS. THIS TELL US SOMETHING!

THE BOARD & NASTY MANAGER ARE RIGGIN THE RECALL & ELECTION:

Let us say the way it is: THE BOARD & THE MANAGER ARE DELIBERATLY RIGGING the Election/ Recall process by brining California Unregistered “The Ballot Box” ("known election tricksters") company from Las Vegas, Nevada. People are not stupid! The homeowners are getting angrier and angrier with this Board & Manager for a GOOD reason.

The RECALL requires that 51% or more homeowners to VOTE. By putting assessment to VOTE ahead of RECALL the trickster Board is seeking way to stay in power ILEGALLY! - - WATCH OUT! - - VOTE NO ON ASSESMENT AND YES ON RECALL !

While we certainly hope not to see the violence erupting becasue of this Board's nasty provocations, the Manager and their brigand lawyer are doing all they can to cheet and provoke this peaceful community!

"We the hosts of this Liberty & Money Sucking Parasites, seek freedom from this infestation of "Mandated Memberships" in non-profit corporations."

MESSAGE TO BOARD & MANAGER: S T O P - C H E E T I N G ! - OBEY OUR BYLAWS AND SCHEDULE RECALL & ELECTION ON THE SAME DAY - NOT 3 MO A PART !!!