Showing posts with label Raymond Szu. Show all posts
Showing posts with label Raymond Szu. Show all posts

Accused for Theft David McGrath Receives Cold Foot From Los Angeles Neighborhood Council

   Did elected by fraud, former CCV HOA Board president, David McGrath, use any Cross Creek Village HOA money to purchase a Down Town Hot Dog Restaurant called  Weeneez at 500 S. Spring Street, Los Angeles? 
David A. McGrath 

Did Brian Martin help him steal Homeowners money? Did Janice Meldola help David bring in his vendors to overcharge our HOA so they can collect kickbacks? Those two (Martin and Meldola) allegedly helped David harass CCV owners they did not like. They also voted to allow David to violate HOA Bylaws by allowing him to keep his ugly red sofa on his balcony. They also changed the Election Rules to allow themselves, and not the voters, to chose who is going to serve on the Board. In the same time this "gang" of power hungry board members, who support each other's positions on the Board, fined others indiscriminately, as part of their vindictive agendas against residents who opposed their abuse.

Using HOA founds, for their own purpose, they printed and distributed fraudulent flayers and used security guards under their control to post them all over the complex. McGrath reportedly terrorised 75 yr old HOA manager with antisemitic emails. McGrath also threatened violence against certain HOA members who spoke with foreign accent. McGrath used HOA money to pay his lawyer, Raymond Szu, to defend him from multiple Restraining Orders. And who came as his "I will say anything" witness!  BRIAN MARTIN!

Those two helped McGrath intimidated, fine and harass residents arbitrarily and allowed David to allegedly sexually harass janitorial employee of Hispanic national origin. It was reported in Media that this reported "thief", David A. McGrath, who in the dead of the night broke in  THE MUST restaurant and took over $100K worth of possessions of others, changed Weeneez's name to Stray Cat Cafe and gave the Police wrong last name to conceal his identity in their crime investigation. Guess who his lawyer is in this case? Raymond Szu; The same lawyer the HOA use and pays legal bills!

Lets review some known facts. Prior to joining the HOA Board, in Summer of 2009, this prolific trouble maker was driving a beat up Honda Civic with a busted up front bumper.  David the gambler, as he was also known at Cross Creek Village was constantly crying how deep in debt he was.  After he got on the HOA Board and after he was assisted by two of his close cohorts, Brian Martin and Jen Meldola (read about those two below), David brought in to fleece us, all his "overpriced vendors", against the HOA CC&R's and our By Laws, including his buddy janitor who did not have a company, let alone a required valid license! 

With help of Brain and Meldola, David also hired Ronald Culver who still fleeces the HOA using his buddy HASS Construction, Inc and collects unreasonable "supervising fees".

Barely an year after he managed to get on the HOA Board, David McGrath, the destroyer of  THE MUST restaurant and the defendant in the lawsuit for theft, managed to pay over $200,000 for Weeneez Hot Dogs restaurant! 

Cross Creek Village HOA members, if not from CCV member's paid HOA dues and vendors kickbacks , where did so much money come from all of the sudden? We believe that with help of Janice Meldola, HOA treasurer, McGrath utilised his access to CCV bank accounts and kickbacks from overpaid vendors, which he hired at above the market cost in exchange for  what else if not kickbacks? Stingy as he is known to be, McGraht never to our knowledge ever overpaid anyone who worked at his house so why is he, with the help of  Janice and Brian, overpaying vendors under his control?  If you have different explanation, please write to CCVAlliance@Gmail.com !

Accordingly, David McGrath is now sued for POSSESSION OF PERSONAL PROPERTY, THEFT, CONCEALMENT, CONSPIRACY, INTENTIONAL INTERFERENCE WITH ECONOMIC ADVANTAGE, NEGLIGENT INTERFERENCE, which is self-explanatory. [See LA County Superior Court Case# BC441922 - Reads more below].

In February 2011, the LANC Board members denounced McGrath's trick/s and ruled against David's repugnant "middle of the nights" braking and entry in THE MUST restaurant. To give him a message that his bad acts will not be tolerated.  The City's Board properly turned his request for liquor license down  to protect the members of the Los Angeles Down Town Community.

Nevertheless, thanks to reckless support of JAN MELDOLA, BRIAN MARTIN and SANDRA KRADEN, Cross Creek Village members end up paying "inflated prices" for the construction work done by McGrath's ["Captain Steal some stuff in the middle of the night"] choice of vendors, such as Architect Ron Culver, and his construction vendor HASS Construction.

The inflated prices paid was EVEN MORE  then what we paid to certifiably bad HOA manager "Neda Firouz's connection", the shoddy contractor ETAN BINO;  Thanks to Brian Martin and Janice Meldola, the corrupted HOA Board paid $66,000 for repair of the staircases, which multiple reputable contractors offered to fix  for $30,000 and this borders criminal! Clearly, we the homeowners are the victims of the Board Members' Ripoff and are entitled to compensation in the amount of damages such negligent hiring had caused us.

As mentioned above, we believe that David McGrath purchased the share of the "Stray Cat Caffe" from Julie Ricco in Down Town Los Angeles, using  our HOA money filtered out of the massive spending on overpaid construction including flat out ugly metal handrails mounted on top of the wooden handrails. Did you ever see such UGLY and UNNECESSARY addition in any decent HOA complex? NO!

The HOAMcGrath's vendors are hired illegaly without a signature of the HOA Secretary Masao Kitamura. Kitamura, who rarleyl came to Board meetings refused to sign those for a good reason.

There is overwhelming evidence that McGrath caused harm detriment of the HOA members. From hiring his buddy Janitor who didn't even have a company at the time of the hiring oto his gambler lawyer friend Raymond Szu, David brought in one by one his buddies as vendors to tap the HOA accounts.

Click here to read what an Article on "LA Blogger" says!)

"Approximately 20 members of the public turned up to oppose McGrath's plans, with most speakers citing the manner in which McGrath gained possession of the bar space as their primary objection."

Sara Jones said: "Based on several documents that were made public about the whole Must issue that were passed out during the meeting, it would be hard for David McGrath to get any support from DT residents."

Casey said: So basically, of the entire council, only one person thought that Captain "Steal some stuff in the middle of the night" should be allowed to sell alcohol at this location ( I will not mention this person's name).  Everyone else either stood up firmly against it, or said they would NOT endorse it. The endorsement is what he (David A McGrath) was asking for.

Cross Creek Village HOA is also sued because of  David McGrath , Brian Martin and Janice Meldola. Because of them, the HOA is likely to accrue future loses and suffer perils we don't deserve.

David and his group (Brian Martin, Jan Meldola and Sandra Kraden) are not the people we can or should trust  to handle our HOA money! 

HOA BOARD PRESIDENT, DAVID A. McGRATH, SUED FOR THEFT, CONSPIRACY, DESTRUCTION OF BUSINESS - [SUPERIOR COURT CASE# BC441922] !!


David A. McGrath
        The laughing man on the picture, David McGrath, (an avid gambler and "thanks to HOA election fraud" a current HOA Board President) knows that the wheels of justice move slowly.... and that is what he counting on as, one can infer, he proceeds along with his next scam... or should we say a "Concept"?

       After waiting for emplyees to leave THE MUST restaurant, under the cover of darkness, at about 2:45a.m. on July 4th, 2010 David McGrath broke in and entered, without permission, into popular Down Town Wine Bar & Restaurant called THE MUST. According to too many online and TV reports (click on the link above and the KTLA link below) and Court Filed documents, David McGrath came with a moving truck and took away everything he could from inside the thriving business; tables, chairs, food, wine even napkins and china!!! What a daring crook!?!  David deliberately ransacked and destroyed a thriving business owned by two female owners. David also ruined 18 jobs that literally fed that many families!!! 

          In your opinion, is the person who does such horrible thing the person we can trust with our money?  And what about his two supporters, Jan and Brian, who keep David on the Board of Directors? Can we trust this "3-some" on the HOA Board with our joint equity, which for the reason known to them they spread throughout numerous secretly opened HOA accounts, without ANY notice to members?

         This Down Town LA saga is fueled by CONSPIRACY, FRAUD, CONVERSION and THEFT, which we also believe is what is going on here at The Cross Creek Village HOA. We believe this to be true based on THE HARD FACTS that David's lawyer Raymond Szu received over $93,000 from HOA, while his other man, Ron Culver, the Architect receiving over $100,000 for drawings we did NOT need, while HIS preferred contractor, H.A.S. Construction, received over $300,000 based on the invoices padded with funny "supervision fees" and other over the market "bloatware" WE DON'T NEED! 

Ironically, after so many warnings we heard about him at our HOA, David A McGrath, is sued elsewhere under the UNLIMITED JURISDICTION OF THE SUPERIOR COURT [ Case# BC441922 ] also for CONVERSION, THEFT (Penal Code § 496), TRESPASS, NEGLIGENCE, CONSPIRACY, N.I.E.A., and more. 
LAWSUIT: The paragraph 29 of the complaint reads as follows:
29. In taking, wrongfully possessing, and detaining the property described above, the New-Tenant Does' (David A. McGrath) conduct was willful and was intended to cause injury to R City in that New-Tenant Does took R City'S property secretly, at night over a holiday weekend with full knowledge of the impact that such removal would have on R City's business and the welfare of its principals and employees. R City is therefore entitled to an award of exemplary damages.

STAY TUNED AS DAVID'S FRAUD AND THEFT CAUSED COURT SAGA UNFOLDS! As one of the readers wrote in LA Blog, "This script is only beginning as the new summer blockbuster Monster movie starts. Starring David McGrath!" 
     "This story is huge because it has drama, injustice, and one heck of a fabulous villain...click here to read the article.."

Click here for KTLA's TV coverage describing David's Act ... Watch this video and see what David did under disguise of darkens during the Independence day holiday weekend. This is the type of behaviour HOA General Manager, Mark Montgomery, was warning us repeatedly about when he said, loud and clear, David's dishonest and illegal acts are causing substantial damage to our HOA. Please note that at the time when "robbery" was reported reporters did not know David's name and that David McGrath is the perpetrator. To hide his involvement, David deceptively gave police fake name to avoid  criminal charges for grand theft, conversion, etc, which instead got filed against Julie Rico, David A. McGrath's alleged partner and co conspirator in this awful "scam".

The Homeowners at Cross Creek Village was forewarned about David's lying in his Election BIO, about his lack of moral and his declared intentions to bring in all his vendors and collect kickbacks.... now just think, if David is capable of braking in and destroying a women-owned businesses in the middle of the night for the sake of making money, what is David going to do at Cross Creek Village HOA after he and Jan Meldola opened number of new accounts and commingled founds without any records in the HOA Board Meeting minutes?

CONFLICT OF INTEREST:  In the above stated lawsuit David is represented by his personal and (also) HOA lawyer Raymond Szu (click on the link!) Since this is truly inappropriate, one of our great homeowners asked, will perfidious Jan Meldola, HOA treasurer and one of David's two supporters, write HOA checks to Raymond Szu for work done on David's case but camouflaged as service done to HOA?   Think for a moment,... in your opinion, what is David likely to do with the access to our HOA money when no one is watching and at the time when Jan Meldola, his next door neighbour, is admitting to writing checks at her own unit using QuickBooks, which goes against all Accounting Safeguards?

 Comment #2:     "David's adventures as the unpopular president of his homeowners association reminds me, that Julie Rico (co-defendant) has at last found her soul mate. It would make a good movie, ala The Grifters."

 Obviously, DAVID'S BAD REPUTATION is growing and is stretching wide from Inglewood, CA to Down Town Los Angeles, where David's recent villain acts will clearly NOT be tolerated!

LAWSUIT UPDATE: On October 29, 2010 Judge Rico issued a Writ of Possession against David McGrath directing County Sheriff to seize from David about $100,000 worth of possessions he robed from two female owners in the middle of the night and whose business David in cold blood ransacked during July 4th National Holiday.


This is what one reader had to say: "....but don't forget the compelling story of Chef David McGrath's ambitious step forward. From grinding out discount surf-and-turf specials at the racetrack casino, he's now poaching eggs and mixing applesauce in pancake batter. What an exciting career move!"
Do you believe that David brought in all his vendors to work for HOA because he likes the HOA or because he likes the kickbacks that comes with vendors who loves to be paid OVER THE MARKET?
As always, Your Comments are welcomed!

DOCUMENT THREATS FROM DAVID McGRATH'S GROUP... [MEET JAN MELDOLA - HOA TREASURER!]

Jan Meldola
The Government is duly investigating David A McGrath and his patsies' Brian and Meldola's illegal acts of abuse and discrimination in housing. The Government is keeping the CCV HOA and The HOA Board President David (see the "laughing man" above), under watch because reportedly David and Brian Martin conspired with Jan Meldola, (women stuck in floaters to the right), to deny rights, slander with flayers and harass employees and honest residents who protested their swindling machinations at this 532 units condo complex in Playa Del Rey, CA.  This group also conspired to omit disclosing important financial information, which the law requires. Especially the information about their gross overpayment of contractors!

THREATS AND HARASSMENT: To silence protest this group of three improperly used HOA fines and other means of harassment and repression of certain HOA Board candidates during and prior to election, to corruptly retain control of the HOA Board of Directors.  - Look at that happy smile above… the single life is great once you conspire against your neighbors and you believe that you can play by your own set of rules to disadvantage of others!

Based on reliable sources at the CCV HOA, David, Jan and Brian have also conspired to fire DMS Janitorial company and hire David's Buddy for the job, after female DMS Employee reported David was sexually harassing her to our manager.  In doing so they have acted above the scope of their authority given by The HOA Governing Documents and will for that reason and more be personally liable for legal cost, etc. 

If anyone at Cross Creek Village hears even a "whisper of a threat" (inside joke for lawyers) from DAVID or his CHEERERS, Brian Martin and Jan Meldola, regarding public comments made on discussed matters, know that the law protects those engaged in public debate. It's called SLAPP, and it could break DAVID'S GROUP if he and his pesky supporters get frisky again.

 Brian Martin
If found guilty, we should insist that Brian Martin, Jan Meldola and David McGrath pay fine out of their own pockets, instead of burdening HOA with cost of their bad and abusive acts.

PUBLIC COMMENTS: If Brian Martin and Jan Meldola don't like Public Comments, about the disservices their group has done to our community by following David's path, they are welcome to pack up their cheer skirt and pom poms and resign today, along with David. It simply isn't necessary to endure the losses ahead!

Email us at CCVAlliance@gmail.com  if you're threatened in any or are in any way exposed to unfair or disparate treatment.

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...

I WILL FAITHFULLY "EXECUTE" THE HOA ELECTION FRAUD AND BRING MY VENDORS!

WE DEMAND ELECTION FREE OF DAVID McGRATH'S CORRUPT SCHEMES TO ELIMINATE CANDIDATES HIS "GROUP"  DON'T LIKE!

WE DEMAND OPEN BOOKS POLICY: (1) DAILY OPEN ACCESS TO PREVIOUS MONTH GENERAL LEDGER, (2) OPEN ACCESS TO FRONT AND BACK COPIES OF PAID CHECKS, (3) OPEN ACCESS TO HOA LIST OF PLANED PROJECTS, (4)  OPEN ACCESS TO SUBMITED BIDS  AND  URGENT (5) ENACTMENT OF BIDDING STANDARDS! NOW!

WE PROTEST DAVID McGRATH'S GROUP ABUSE OF HOA FINES FOR THE PUPROSE OF DISQUALIFYING CANDIDATES - WE DEMAND THAT THIS CORRUPTION STOPS FOR THE SAKE OF PEACE IN OUR COMPLEX!

"HOA GRAVY TRAIN" - TRADING EGO GRATIFICATION FOR MONEY...

Every grammar school student will tell you that fiduciary (e.a. agent, board member,etc) is obliged to not pay more for the job when he uses other people’s money then when he uses his own. The word "FIDUCIARY" itself comes originally from the Latin fides, meaning faith, and fiducia, trust. A fiduciary is expected to be extremely loyal to the person(s) to whom she owes the duty. He/she must not put his personal interests before the duty, and must not profit from his position as a fiduciary, unless the principal consents. Yet, some ‘clever” Board members and “industry specialist” flouts the law and do exactly the opposite when they conspire to tap the HOA “Gravy Train” by overcharging the projects so they can share the overcharged amount. [Read below the article about the CCV Building F / A Staircase job at double the market price, OUUUCH!]
* Dictionary.com defines "Gravy Train" thusly:
 
This is in contrary to fiduciary legal standards. If this sounds as one of the Cross Creek Village HOA dramas it is because this concept applies and is equally used in all HOA's. How it works? Huh, when was the last time you heard of one rattlesnake biting another; apparently you always have one "know all" person on the Board of Directors who gives the initiatives, (because she/he planes to take “bonuses” from preferred vendors he/she brings in), but in order to have the majority approve his/hers desired action, he/she lavishesp those semi-pasive and pasive Board Members in “ego gratifying” compliments, which makes unpaid "Board Members" feel important so they support any intiative the, complicit in fraud, Board Member suggests!    

Click on the link above to read the American Homeowners Resource Center article which will help you understand how the "experts" fleace HOA by using Board Members with so called "Alpha Dog" mentality. This may also help you understand better why and how CCV end up paying 2X the market cost for the Staircase "F/A" Project.

WHY WOULD THE HOA PAY 2X THE MARKET COST FOR SHODDY PATCHUP WORK ON POSTS AND BEAMS? - LET US KNOW YOUR THOUGHTS!

The lack of the accountability is shocking in this case of waist!  

We are unhappy to see design modification Ron Culver made on our Cross Creek Village HOA"F/A Staircase". His design fetures unecessary enclosures of two sides, reduced amount of daylight on the steps and "SLAPDASH" patch up work done on our ratted beams and posts, for which we need to pay two times (2X) the market cost!

Doing this in god times is ridiculous. Doing this in this economy borders criminal and warrants the FRAUD INVESTIGATION.
Do we have the right to protest? ABSOLUTELY, it’s our money being wasted!  We want to know why is the Board silent about such shoddy work? Click on ALL the pictures below to believe your eyes. Review the pictures to confirm what quality of work we'll get for whooping $56,000 for construction, after Ron Culver took $19,000 for design. The project will cost us in the end about $75,000 in time when the necessary restoration work could have been done foir $30,000 or $45,000 cheaper if the Board did not refus three separate and credible $30,000 bids!  

<=== LOOK AT THE QUALITY OF THE OVERPAID WORK !!!!

THE COMMON PRACTICE: approved list of vendors for EVERY JOB  OVER $2,500.00 TO AVOID THE KNOWN  "REFERRAL KICKBACK" FRAUD SCHEME, which seems to be chronically going on in this complex (click above to read the article).  Prudent HOA Board avoids soliciting and accepting bids from related vendors and those with conflicts of interest (e.a. Architect should not be allowed to bring in his choice of contractors).

As a result of not following this common business practice a job that could have been finished for only $30,000 will be paid $80,000.00. In this (or any other)economy this is fiscally very irresponsible and we demand some answers!   

THIS IS WHAT WE LEARNED ABOUT STAIRCASE "F/A" JOB : It was reported recently that  David McGrath took initiative and brought in yet ANOTHER of his preferred vendors, Architect Ron Culver. To avoid appearing as someone who is making money bringing in his contractors, David reportedly suggested his vendor Architect should be allowed to manage other construction vendors and projects.  - How convenient! - Let  the vendor you brought in handle all the large construction work and just seat back, relax and wait for the share of the overage.  If this is not true, why was the $26,000 higher bid selected for this quality of work?  Why is David McGrath actively HARASSING everyone who speaks up about this wasteful practice? - David McGrath is welcomed to provide his feedback.  In the mean time, while we awaiting David's comments, he rumor and the logic has it that David  made arrangement with Ron Culver to bring in ccontractors he chooses for as long as he gets in the end his cut of the collected overage.  
THE CONSEQUENCES: Because the CCV Board solicited no "2nd Opinion" about Ron Culver's "design" which called for keeping vs. removing the unnecessary "moment frame" installed to support staircase when the wood was bad,  $20,000 more was spent for construction and $19,000 was spent on Ron Culver's creation of "design" that cost more to complete.

Instead of looking for an easy way to return the staircase to its original look and condition, which would also match the rest of the HOA's staircases, Ron Culver, in our opinion, took advantage of the HOA by presenting the (1) alliteration of the original look, and (2) about $39,000  higher cost for this project as best solution. To us, this sounds as self motivated decision. Such approach made Ron Culver more money on expense of the homeowners whos interest should be protected by the Board of Directors. Since their decision cost HOA $39,000 more, which is a pure waste of founds, we must conclude that this Board has failed our trust test by failing to utilized these $39,000 for other overdue projects!

DUTY OF CARE: The HOA has the legal obligation to maintain the common area. The Board Members has duty of care to select the best company for the job at the most reasonable price. This was not done by the current Board and we want to know WHY? To protect our interest, we the homeowners now kindly demand Board's FULL EXPLANATION!

SUCH GROSS OVER PAYMENT of $46,000 ($20K design + $26K construction overpayment) could have paid a yearly salary of an employee or could have been spent MUCH better TO FIX OTHER OVERDUE PROJECTS!  

LET'S BE REAL! WOULD YOU SPEND YOUR OWN MONEY IN SUCH MANNER?  Lets suppose you have three bids to remodel your unit for about $30,000; Would you pay $56,000 to complete the job?

Since no one is stupid when it comes to money, there is only one logical explanation. Based on the foregoing, it is our opinion that MAJOR OVERPAYMENT increases the chance that kickbacks are and will be involved in this transaction. - But if this is NOT true, we would REALLY like to learn why is the BOARD of educated people approving misguided, double the market bid  in time when the Board had three (3) other available bids at about 1/2 of what David’s vendor Ron Culver and David got HOA Board to approve! Again, David's Replay is welcomed!
A NEWSLETTER signed by David McGrath was posted in MARCH 2010 throughout the complex. It suggests he should be given a credit for "good management" and savings, which is in our opinion NOT DUE. The misinformation supports the rational behind it and counts on the idea that homeowners can be played and that homeowners will buy anything that mentions "saving" because they are either stupid, too busy or both. [Damaged wood will be patched and painted to look as it was replaced]

It exploits the fact that homeowners are apathetic and plain out naive to understand WHY would someone who represents himself falsely as “fighter for savings” want to overpay a simple project like this WHOOPING $26,000, after he let his vendor take $19,000 first for unnecessary design work?

Let's review the FACTS, Readers' Comments and what else is David NOT telling us:

OVERPAYMENT OF  50% ++ IS DUE TO RUDE ELIMINATION OF DUE COMPETITION. 
According to a report received from a resident who was present at the March 1, 2010 Board Meeting, David McGrath and Ron Culver harassed a member who brought in three bids for the same job, at about the half of the cost Ron Culver's contractor was about to take from us. The bids member brought was to replace ALL EFFECTED BEAMS AND POSTS at about $30,000. Ron Culver took away form the Board all competitively received bids and selected the company that wants whooping $56,000, we was informed, for a patch up work shown above.  Do you think this is KOSHER?

It was reported that Ron Culver charge CCV HOA $6,898.00 for Architectural/Design Work on January 15, 2010. Then on the same date he also got another check in the amount of $4,110.00 for more of the DESIGN WORK (two smaller invoices are harder to spot, which points even more that such billing is a SCAM) then on February 10, 2010 he get himself another $7,890.00 check, for a combined value of whooping $18,898.00 - ALL with David’s, Brian Martin's and Jen Meldola's Approval! 

BUT WAIT, DID DAVID IN THE MID TIME ALSO GOT SOME OF OUR MONEY DIRECTLY?

- On February 09, 2010 David McGrath got himself $1,196.00 check. We want to see the invoices ASAP!
- On February 10, 2010 David McGrath AGAIN got himself another $1,491.00 check, and then he got himself another checks, for $149.00, which we demand to see records why he took OUR MONEY.

As far as records are concerned, WE THE MEMBERS HAVE THE LEGAL RIGHT TO INSPECT records and this Board is denying us this right! They using the same tricks the previous Board USED TO HIDE BINO & NEDA FIROUZ SCAM!


Let see what our readers think about:
1. [ " Dear CCV Alliance, thank you for all the inputs…. Are they for real? What kind of Monkey Business this is? A full set of plans for a custom home cost $5,000.00 or less! Here we have a staircase that needs no plans for repair we need to do, and we are paying that guy Ron Culver almost $20K... that screams SCAM all the way to the penitentiary]
2. [ "I think this is only thanks to greed of the vendor and the "Trojan horse" we have on the HOA board. Why do we need Architect to bring in contractor?"]
3. [ "This is a SCAM worst then one we endured with BINO and NEDA FIROUZ! BINO used to charge us no more then $44,000 and that was WAY TO MUCH... in this economy this should be less then $30,000! - That guy David McGrath is a CROOK!]
4. [This guy is apparently ripping us off and this Board is not working for us but for their own pockets]!
5. [ People who requested to see records of what was paid was turned off by HOA new manager and was advised to call David McGrath.

The people have spoken…the truth cannot be silenced! This incompetent misappropriation of our funds is hurting us all and we need to START ACTING to prevent more losses!

Did we benefit from allegedly useful “moratoriums of spending” on maintenance? The answer is NO! The 15 acre complex needs CONSTANT MAINTENANCE. Every dollar you “save” today, by deferring the maintenance, will cost you 3 or more down the line. [Click to enlarge the picture to the right.] Dilapidation of real property works like a cavity or gingivitis in your tooth; if you don't FIX it today the filling will be larger down the line and you might even lose your tooth down the road. The same works for HOA "politicians", WHEN YOU SEE THEY LIE TO YOU, REPLACE THEM ASAP !

*All CCV Member's Comments are welcome! Click to learn more about FRAUD IN HOA.

Constitutional Rights and Restrictive Covenants

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

DAVID A. McGRATH EMPLOYS FRIENDS IN VIOLATION OF CCV POLICY !!

David A. McGrath.... AGAIN! A credible new report came from the source close to CCV office alleging David A. McGrath is up to his old tricks and has LIED AGAIN to CCV homeowners in November 2009 Newsletter, where he said:

“Effective immediately, I have instituted a moratorium on spending; exceptions are allowed for life safety issues and emergencies.”

THIS IS NOT TRUE!  Right at that time, David engaged HOA in a unecessary new lawsuit, which cost the association a ton of money, thanks to his personal vendettas.   -  "Inasmuch that David defies all of us, and is abusing the office (e.g. by hiring and signing contracts with friends in violation of CCV Policy and Bylaws, without countersignature of the Board's Secretary), David McGrath lacks the authority to “institute” anything without the Board's approval. " - Says received Report!

To circumvent our Bylaws, David acts perfidiously Behind the back of the Board and has stepped up check writing to an attorney (Raymond Szu) with whom, we heard, David made a deal to have him support his vendettas at homeowner's $$$. "This is inappropriate David McGrath, you must STOP abusing the office . STOP bringing in and overpaying your friend janitor ...what's his name, Chris?", David  was recently admonished in public.  - In November and December alone David aranged the payments to Raymond Szu, in the $14,000 range, asking him to file costly motions, which is the same type of  squandering Pat Smith was doing with Adrian J Adams, Esq !!!- IF we are to recover, we cannot have dishonest Board Members bringing buddies to work here, and that’s what David is seemingly doing by overpaying friends to get them to share some profit with him.

These are the checks (miss)used for that purpose:

                    Check #            0003142         $3,645.00
                    Check #            0003145         $2,000.00
                    Check #            0003200         $7,987.50
                                                             ---------------------
                                                                 $13, 632. 50

Fact that these checks were issued without proper Board approval duly raises very serious concerns.  Why is HOA treasurer going along with this inaproriate act? If this is true, the Board have lost control of our money and is letting check holders write the checks to whoever and whenever they wish, without deliberating underlining issues and voting to legitimize each of the new expenditures, which is the legal standard.

We urge the Board to STOP DAVID'S ABUSE and investigate his habit of hiring friends as vendors and check writing practice to same people, which in order to get on our payroll, David allegedly missrepresented as "Cheep" to the Board of directors !!!  

We like to thank Mark Montgomery for his efforts to keep the public informed. Mark, we like your blue font, keep the messages comming. Please email the alliance the check numbers and amounts paid to David's vendor Chris (janitor)!!.  - David and the Board treasurer could not be reach for comments. Nevertheless, both of them are invited to post  here or send email to explain this alarming behavior!

It is interesting how people have double standards and are not even ashamed about that. Several months ago our treasurer was very adamant about firing Dana, our office assistant because she was less then truthful … OK , the lady lies so what? You are seating on the Board with the big liar and you are not bother with that… please explain, dear Lady Treasurer, why do you have “double standards”?

Mark is right! David and his cosigner could and should be held responsible to return our money to the association's bank account, if in fact, it is determine that payments they initiated did not come with proper approval of the Board of Directors and that is what we were informed.

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.