In 1971 the New Jersey Superior Court (State of New Jesey v. Kolcz) ruled that constitutional rights cannot be denied by any planned retirement community association, Rossmoor Community. The issue was one of a trespass complaint filed against persons seeking to distribute municipal campaign information to members of the community. An excerpt from the opinion, “Using the same reasoning as the Supreme Court, this court believes … that the present case involves defendants who were not engaged in commercial activity. It appears that persons endeavoring to disseminate political or religious information are protected by the Constitution, but those wishing to canvass an area for business purposes must yield to other considerations. The Supreme Court in Breard states that freedom of speech is not an absolute right, but must be adjusted to the rights of others. That right must yield whenever the attempt to exercise it is solely for the purpose of commercial profit. “This court believes that decisions relating to municipalities are equally applicable to Rossmoor, since it is in many essential regards a self-sufficient community.
These Case Against State Governments officers may believe that it is their duty to protect the Rossmoor residents from annoying or obnoxious sales methods, but the court cannot allow the corporation to decide to bar what it knows to be a bona fide political endeavor.” In short, the courts have upheld constitutional rights over company towns and private communities.
In the Arizona Appeals Court, (2 CA-CV 2001-0198), an opinion was given that bears directly on the issue of the delegation of legislative powers. The court said, “The legislative authority of the State shall be vested in the Legislature . . . . it is a well established theory that a legislature may not delegate its authority to private persons over whom the legislature has no supervision or control.
“The legislature cannot abdicate its functions or subject citizens and their interests to any but lawful public agencies, and a delegation of any sovereign power of government to private citizens cannot be sustained nor their assumption of it justified.”
George K. Staropoli
Citizens Against Private Government HOAs
http://pvtgov.org/
pvtgov@cs.com
Showing posts with label HOA Cronysm. Show all posts
Showing posts with label HOA Cronysm. Show all posts
"KOLKEY CLAN” IS BLOWING OUR HARD EARNED MONEY ON HARASSER LAWYER TO BULLY AND ELIMINATE POLITICAL OPPONENTS!
On Monday, March 9, 2009 and thereafter NINA PELTOMAA, SANDY KRADEN and Sandy's patsy SUSAN RICH – , were caught posting defamatory flyers throughout the complex blatantly laying to homeowners to keep their Board seats and Power they never had in real life. Hundreds of fraudulent flyers were posted also in A, E & F buildings by "LONG LIVE CORRUPTION":
Responcible for outright cronysm, corruption and fraud on homeowners are power abusing Kolkey Clan members. In the Kolkey Clan's flyer mentioned above, NINA & SANDY, lied outright to audience about Clique's motives. These two most aggressive, die-hard control-freaks a.k.a. Nothing Better to Do HOA Board members won't tell you that vendor kick-backs and power to control HOA $2.5Mill/yr cash flow is ALL they care about. Money is power and POWER CORRUPTS. Since they never had any in their non-HOA life as civilians they'll do anything to keep it - TO STOP CORRUPTION, LOS OF FUNDS AND CRONYSM, JONATHAN, NINA, PAT AND SANDY should not be reelected.
Everyone who question Kolkey Clan's riding the gravy train and their outright abuse of HOA power and our money faces HOA WRATH. The KOLKEY CLAN retains Board power by smearing opponents and rigging elections. As soon as someone asks money related question, Patricia "Pat" Smith picks the phone to activate a know harasser, nasty brigand HOA manager-turn-lawyer Adrian J Adams ESQ. to have him bully and intimidate every homeowner who ask to inspect records or question Kolkey Clan's abuse of power. On our great financial determent, Patricia Smith has been feeding her “alligators” (lawyers) $50,000-$100,000 a year so she can get her 10% or more commission. Patricia Smith denies being The Crook Board member but so did every crook cap, lawyer and politician...! THE SOLUTION: In the following election GIVE NO VOTES TO PROVEN POWER ABUSER/S!
THE CLIQUE'S TRUE MOTIVES: To Better Understand the True Motives Behind the CCV "Power Struggling Clique", please reed the Land of Terror article, a true story published at American Homeowners Resource Center web site.
HOA WRATH - THE TRUE STORIES:
OC REGISTER: The HOA Nazis strike again!
Just as our 4 entrenched Board Clansman use outright abuser and harasser of homeowners Adrian J. Adams ESQ [at cost of tens of thousands of your money], in the case quoted above bogusly manufactured Restraining Orders and other HOA specialty repressive methods were used by HOA Attorney "Mr. Nasty" to oppress a war veteran's widow... – Reed this article; THE HOA TERROR IS REAL and is mind blowing!
Quote: "Restraining orders are one of the commonly used weapons that CAI lawyers and managers use in the political-economic warfare they wage against homeowners who battle their homeowner associations."
Vera Armstrong-Cherry is the wife of Major Frank A. Armstrong II, a pilot who was shot down over Laos in 1967 To date he is unaccounted for. The U.S. government has declared him dead. For years, she fought like many other widows for information on her missing husband.
"Vera was terrorized by Brigand HOA attorney serving oppressive Board of Dictators.The chilling reality is that it was done for money - primarily for legal fees. The oppressive structure of homeowner associations is designed to be oppressive so that money can be extracted from homeowners on a regular basis by lawyers, managersa and contractors... Homeowner associations are cash registers for lawyers, rental judges and other vendors. If a homeowner protests against this tyranny, he or she is placed on the legal rack and drained dry of every available penny - even of his or her home."
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