KRCE HOA unofficial blog

A Renaissance , Not a Revolution - Bringing Morality back to America

2009-07-16T18:10:00.000-07:00

Wednesday, July 15, 2009

http://towncriernews.blogspot.com/2009/07/renaissance-not-revolution-bringing.html

A Renaissance , Not a Revolution - Bringing Morality back to America

"You been farmin' long?"

~~~~~~~~~~

renaissance n. A rebirth or revival

It’s amazing what goes on in the middle of the night when most of us are sound asleep. After a unfortunate encounter with a Brown Recluse Spider crawling over my bed, and my misguided attempts to kill it with a slipper and then chemicals, I had to abandon my bedroom. So I turned on the radio, unable to get but 3 stations, 2 of them in Spanish, and Coast to Coast Am.

I ordinarily don’t listen to conspiracy theories and worries of boogymen I can do nothing about, because as our patriot friend, Terry Anderson says, we have obvious threats in our face every day to deal with and little time to do it. On his radio show, he reminds us,

“If you ain’t mad, you ain’t payin’ attention!”

Gerald Celente, economist and Trends Forecaster was a guest. The conversation fell on the facts of what made America great. We have lost our morality and most of us have fallen into the ‘bailout game’ being handed us by our current leaders, from the poor to Wall Street, leaving the few middle class Americans to support both. As Alexis de Tocqueville stated,

"America is great because she is good. If America ceases to be good,
America will cease to be great."

Celente went on to explain the severe economic downturn he, and many of us, had long predicted and the true, much higher figures for unemployment. History shows, as he said, our greatest times were when we didn’t subscribe to “Too big to fail bailouts” of GM, international bankers, the production killing fiasco of ‘Cap and Trade’ and on and on being financed by the over burdened taxpayers. NAFTA, and other cheap labor ‘trade’ agreements that promised more jobs, more prosperity for all Americans, which brought along the devastation of unlimited legal and illegal immigration and outsourcing of jobs. How’s that workin’ out for ya these days? The only candidate worth considering in 2008, Duncan Hunter, was right and the only one addressing such issues!

What made us great was.....

...Not Wall Street but MAIN STREET
....Not international agribusiness, poison food
imported from China or Mexico, but FAMILY FARMS
....Not WalMart, but MOM and POP small business

Celente discussed the recent TEA party protests , believing they are the beginning of a new era of citizen enlightenment, a return to the principals and morality that elevated the USA above all other nations, much to the dismay of what Obama thinks of such Citizen activism.

Many of us warned that Barak Obama and his ilk were ‘socialists’. Celente
believes the situation is far worse. He calls where our government has dared to venture, ‘Fascism ’ to describe the Democrat congress and Obama globalist regime, with much help from far too many pay-to-play Republicans.

And to our determent, it describes the current governing climate.

fascist n.- A totalitarian philosophy of government that glorifies the state and nation and assigns to the state control over every aspect of national life.

From banking and mortgages to auto manufacturing and health care, the government is running the show that should be left to the American private sector. If you can’t or won’t pay your mortgage, Obama even wants to be your landlord.

Celente, agreeing with many conservatives, spoke to the fact that we must break the two party globalist/media juggernaut controlling our elections, preventing good candidates a voice, and allow another party to rise to combat those powers leading us into tyranny and anarchy.

Some useful idiots scream, “Throw ALL the incumbents out!”.....but these misguided citizens, like the ones I wrote about in yesterday’s TownCrier article, can’t name their own representatives, much less be aware of how they vote on vital issues. They want a revolution! They NEED enlightenment and a lesson in history, some real education the schools won't provide, to escape from their ignorance. While I agree that the great percentage of our elected officials do not represent us, but rather moneyed special interest groups, there are a handful who actually want to see the survival of America. We better learn who they are.

But the night was not all economic or political gloom and doom. As I gazed out the window into my yard in the moonlight, I saw a bird gently glide onto a trellis. He bobbed and postured, encouraging his clan of Screech Owls to join him in my bird bath. They seemed to not have a care in the world, realizing they had found safe sanctuary and relief from the 100 degree heat of Northern California of the previous day. I always wondered what happened to the water in that bath every night!

So go outside, lean against a tree, touch the earth, let the sun shine on your soul. And thank whatever God you worship for the gift of being one of the small percentage of the people on this earth lucky enough to be born an American.

~~~~~~~~~~~~~~~

“Reason is not automatic. Those who deny it cannot be conquered by it.” Ayn Rand

~~~~~~~~~~~~~~

American Gothic

KRCE FARMERS MARKET --- Your thoughts please

2009-03-01T09:22:00.000-08:00

Some of us have been talking.......
It’s past time to do something fun and productive as a community for a change.

Many of us grow vegetables, herbs, grapes every year.
Last year I gave away bags of it, as do others.
This is a different year.
Governor Arnold declared a state of emergency last Friday over the drought.
Water is being cut off to farmers.

We are all paying for a ‘common area’, we might as well make us of some of it.
There is plenty of lawn and shade near the lodge to set up a ‘growers exchange’.
We would have no need of the building.

Such a project would be welcomed by those who don’t grow instead of making the long drive to a store.

We only need to agree on one day per week...weather permitting, but then, there is a covered area, isn’t there?

Bring your own table, boxes, bags to display vegetables, crafts, whatever you produce
and take them with you when you leave .
I’m sure someone has a produce scale gathering dust in their garage.

Please give us your thoughts on the following questions:

Which day of the week is favored? Which hours?

Start up....April, May, June????

What do you produce? Vegetables, herbs, crafts?

Should others outside of KRCE members be allowed as guests?

ANOTHER THING.....I have a BOCCI set.....someone out there must play BOCCI!
We could have some games during the exchange...just for fun!

********************

Victory Gardens! Kill 2 'birds' with one stone....GROW Something!

According to the US Government...

"This poster was part of the publicity for a brilliantly mounted campaign to encourage the use of homegrown foods. Because commercially canned goods were rationed, the Victory Garden became an indispensable source of food for the home front. The Victory Garden was a household activity during the war and one of the most well received of all home front chores. At its peak, it is estimated that nearly 20,000,000 gardens were grown and about 40 percent of all vegetables produced in the U.S. came from Victory Gardens. By the end of the war the Department of Agriculture estimated total home front production of over one million tons of vegetables valued at 85 million dollars."

PERHAPS we can avoid history repeating itself:

Think it can't happen ??? THINK again...

My mother was so good at rationing and hoarding, that 65 years later I found ration points in some of her keepsakes:

A move to secede on California-Oregon border

2008-10-06T07:37:00.000-07:00

These people are our friends and neighbors! And it's about time!!!

Members of the Jefferson Citizen's Committee during the patriotic rebellion of 1941.

Proposed map of the State of Jefferson

A move to secede on California-Oregon border

Kevin Fagan, Chronicle Staff Writer

Sunday, October 5, 2008

(10-05) 04:00 PDT Yreka, Siskiyou County -- Some folks around here think the economic sky is falling and state lawmakers in Sacramento and Salem are ignoring their constituents in the hinterlands.

Guess the time is ripe to create a whole new state.

That's the thinking up here along the border between California and Oregon, where 12 sparsely populated, thickly forested counties in both states want to break away and generate the 51st star on the nation's flag - the state of Jefferson.

You can see the signs of discontent from Klamath Falls to Dunsmuir, where green double-X "Jefferson State" flags hang in scores of businesses. You can hear the talk of revolution at lunch counters and grocery lines, where people grumble that politicians to the north and south don't care.

You can even hear the dissent on the radio, where 21 area FM stations broadcast from Oregon into California under the banner of "Jefferson Public Radio."

"We have nothing in common with you people down south. Nothing," said Randy Bashaw, manager of the Jefferson State Forest Products lumber mill in the Trinity County hamlet of Hayfork. "The sooner we're done with all you people, the better."

Talking about secession has been a quasi-joking conversational saw since 1941, when five counties in the area started things by actually declaring themselves - briefly - to be the state of Jefferson. But now, with the economy in trouble and unemployment soaring, the idea of greater independence is getting its most serious consideration since World War II.

Locals complain that federal and state regulators have hampered the fishing and timber industries to protect forestlands and endangered species such as sucker fish and the spotted owl. Jobs are so scarce that the median income in the area is only two-thirds that of the rest of the state. Most water from the rainy Shasta region is shipped south, with little economic benefit to the area. Even the California sales tax draws sneers.

If they ran their own state, the reasoning goes, folks in Siskiyou, Modoc and the other potential Jefferson counties could whack the red tape from both federal and state officials and get rid of the sales tax.
Seeking signatures

The Grange Hall of Yreka, a farm-based service organization, is activating 51 of its brethren halls in the area to collect 1 million signatures to have a statehood advisory measure put on the California ballot. Tony Intiso, a runoff candidate in the Nov. 4 election for Siskiyou County Board of Supervisors, has pledged to force the issue and is running campaign ads calling for regional freedom. The number of registered users of a decade-old Web site advocating partition has suddenly shot from dozens to more than 900.

"Heck yeah, it's a darn good idea," said Richard Mitchell, manager of the Cooley & Pollard Hardware Store on Miner Street, the main drag in the blink-and-you-miss-it town of Yreka. "Those liberal people down south don't understand us at all, and if there was a vote today to form a new state, it would pass in a heartbeat.

"I would bet on it."

The window of Mitchell's store, where he tends the register in worn work boots and a camouflage hunting cap, displays T-shirts and flags sporting the state "seal" of Jefferson: Two X's denoting the double-crossing the area supposedly gets from the capitols of California and Oregon.
Movement began in 1941

Mitchell also posts a copy of the original declaration of Jefferson independence, drafted in 1941 by the angry miners and loggers who pushed for secession over the appalling condition of roads. That movement - the coverage of which earned Chronicle reporter Stanton Delaplane a Pulitzer Prize - lasted just two weeks before the Pearl Harbor attack, when the movement dissolved in the name of national unity.

But it was never forgotten.

"It started out as a big joke back then, but then some folks got real serious and before long they had elected a governor and all that," said Frances Wacker, 95, whose husband, the late George Wacker, was one of the 1941 Jefferson movement leaders.

"I think some folks have become serious again and think they have something going."

Sixty-seven years ago, Wacker recalled, locals were frustrated because they were ignored when they complained to lawmakers that they couldn't easily ship copper and timber south to ports and markets on the axle-cracking roads. The roads have improved since then - the same trip now takes four hours, not the eight of 1941 - but the unhappiness has not.

"It's not rocket science to see why it makes sense, and how we could do it," said Brian Petersen, a landscaper who runs the main online forum advocating statehood, www.jeffersonstate.com. "The capitols of California and Oregon ignore us. We want out.

"All we have to do is get an initiative on the ballot and vote to get things going."

Peterson has run his Web site for 10 years. For most of the time since, the site had a mailing list of about 100.

In the past year, though, as the Grange began its petition drive and unemployment throughout the region rose to about 10 percent - almost three points above the California average - the mailing list grew nearly 10 times in size.

"If you want any chance of fixing things, sometimes you have to break the system," said Leo Bergeron, master of Yreka's Greenhorn Grange Hall and past master of the statewide, agriculturally oriented Grange service club. "Now, we have to break the system."

For years, he said, locals have proudly claimed Jefferson is a "state of mind" born of living in an expanse of forestlands and hamlets that is roughly the size of Wales and has about the same population as San Francisco. Redding, with a population of 80,000, is the closest thing to a metropolis. And with 60,000 cattle, Siskiyou County has 15,000 more bovines than it does people. Along the way, tourist-minded locals have come up with the flags, an official state cow ("Moo-dona," a huge sculpture alongside Interstate 5) and an official beer (microbrewed in Etna). The legend of Big Foot is also big around here.

But Bergeron's not playing around.

"If you do it seriously, some people will think you're a kook," said Bergeron, who spearheads the Grange effort. "But 9 out of 10 people have an interest in this - and we need to reach the ones who are really serious."
Working toward '09 measure

Bergeron's first goal is to gather 1,200 signatures in Siskiyou County to put an advisory secession initiative on the county ballot in 2009. At the same time, he is urging the 51 Grange Halls in Jefferson territory, and those on the mailing list of www.jeffersonstate.com, to gear up for collecting 1 million signatures to take the advisory measure statewide.

"We'll need the approval of both states and the federal government, but it can be done," he said. "And even if we don't become a new state, we will have made a statement and can at least get some more independence in our own affairs."

Such a statement would be news to most in Sacramento.

"Never heard of Jefferson," said Aaron McLear, spokesman for Gov. Arnold Schwarzenegger. "We are going to decline comment."

Gail Fiorini-Jenner, co-author of two books on the state of Jefferson, said the almost 900,000 people who live in the territory aren't hicks. Just feisty. And that, she said, is not new: Since the 1850s, there have been similar attempts to create the states of Klamath and Shasta.

"Everyone thinks we're dumb rednecks, but we have the far left, the far right and a lot of the middle up here," she said. "Our only trouble is we have no political power. It's no wonder people want to change that."
E-mail Kevin Fagan at kfagan@sfchronicle.com
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/10/05/MNNP138DLP.DTL

from:
http://www.jeffersonstate.com/

The original Jefferson Citizen's Committee chose Yreka as the interim state capital.

Two X's painted on the bottom of a gold pan during the patriotic rebellion served as the State Seal. The two X's symbolized the peoples being double crossed by Salem and Sacramento, the disrespectful capitals of Oregon and California.

Stanton Delaplane of the San Francisco Chronicle won the Pulitzer Prize for Journalism for his series of articles on the Jefferson movement of 1941.

Pearl Harbor was bombed by the Japanese on December 7th and the United States was in the midst of World War II bringing an end to the 1941 uprising.

The individuals involved pledged their allegiance to the United States and served our country to win the war.

Comments from KRCE member, RICHARD

2008-09-01T15:40:00.000-07:00

See: http://krcehoamembers.blogspot.com/2008/08/krce-annual-meeting.html

Richard said...

WHAT IN THE "H...." ARE YOU TALKING ABOUT?

No quorum = no election = no new board members.

You will not allow this to be posted because your goal is the destruction of the association at any cost.

August 31, 2008 12:22 AM

Richard said...

No one, no one - husband, brother, nor Barbara Wartelle ever said that Barbara was an owner of a KRCE property.

She cannot be a board member.

August 31, 2008 12:26 AM

______________________

Richard posted anonymously. He doesn't tell us how he has contributed to the Association or if he even attends any meetings. People with such strong opinions ought to run for the board, but then they couldn't be a hit and run 'neighbor', could they? This is exactly why HOA's cannot function fairly. Some want to do nothing but blame everyone else, sit back and whine with their hand out for your dues. This is why I listed my property for sale some time ago. I ran for the board with one intention, to dissolve the association, as requested by the vast majority of KRCE and the motion made and seconded (NOT by me) at last year's meeting. This does not appear possible because no one pays attention to what the people you elect in California are doing with these common interest development laws. And it's going to get worse because the lawyer lobby is writing the laws because they own the politicians.

Motions, by way of letters, to dissolve were to be read at the annual meeting.....NO formal meeting was held because there was no quorum, something RICHARD can't seem to understand.

I will not serve on a board by default. All those 'elected' have been placed there by default because they were not challenged or the challengers were eliminated by the election committee. Members had no idea of the views of those they were voting for or if their votes even counted.

People are not interested enough to show up to complete a quorum, so I must conclude they are content enough with things as they are. The Board and most members probably agree on 95% of our issues. If I disagreed, one vote won't matter. My presence is not wanted by the board and I am of no use to the membership on it. When the membership cares enough to get involved, things will change and not until then. A dozen or so people do all the hard work for this association, that includes the board members, with no pay and no thanks. Everyone else complains. I've heard enough complaints. Since I can do nothing helpful, and I prefer the company of people who are not at war with each other, I will leave.

This association is dysfunctional merely by the fact that there are so many absentee owners, some who are more involved than people who live here. No Board member can change apathy.

It's not just KRCE, we have the same problem with this nation. People have no idea who they're voting for, are too lazy to bother to find out, yet put their hand out for benefits or complain. You get the governments you deserve.

Continue to use the blog as you wish, I will not contribute further, I have more important work to do. I thank you for your consideration and appreciate the several good citizens I have met.

~~~~~~~~~~~~~~~~~~~~~~~~

"It will be of little avail to the people that the laws are made by men of their own choice if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood." James Madison

"Knowledge will forever govern ignorance; and a people who mean to be their own governors must arm themselves with the power which knowledge gives." James Madison

"The truth is that all men having power ought to be mistrusted."
James Madison

........just words.....

Dissolution of the KRCE Owners Association - UNLIKELY

2008-09-01T12:10:00.000-07:00

by Sue Nix

At the yearly meeting, Susan Wallace attempted to point out that even though there is California corporation law, common interest development regulations sometimes override pages of law.

They cited CORPORATIONS CODE SECTION 8724 as the overriding statute requiring 100% of the membership voting for dissolution. Pages and pages of law state only a majority is required, but that may not matter. For every opinion we get from a lawyer stating that is so, I find other references saying the 100% vote is necessary.

The problem is not with the board, the problem is with the poor legislation that our representatives in California are writing.

In my opinion, with the newer CID regulations, voluntary dissolution is not possible without the 100% vote. I feel this would be the outcome if we were to waste yet more association dollars on a suit to get an opinion. In other words, in the state of California, you can't dissolve one of these associations. Everyone should contact your state representative to clarify this statute.........Why are CID 'corporations' outside all other law and cannot be dissolved?

The board has indicated they will get an opinion from our attorney.

Below is one case:

Interpretation of Civil Code § 1350

The Committee to Save the Beverly Highlands Homes Association v. The Beverly Highlands Homes Association, 92 Cal. App. 4th 1247 (2001).
The association did not own the four open space lots within the development and it did not own any mutual or reciprocal easements over the residential lots or the open space lots within the development. The association was unwilling to own common area. The dissolution of the association was approved by a majority of the association quorum. The plaintiff argued that under Corporations Code § 8724, which is applicable to common interest developments, the association was improperly dissolved because 100% of the association members did not approve of the dissolution. The court held that the community was not a common-interest development because it had no common area. And as a result, Corporations Code § 8610 controlled and only a majority of the quorum needed to approve the dissolution.

http://www.jdtplaw.com/CM/Publications/CAI2002LAWSEMINAR.asp

This is likely the statute the court would use to make a decision, rather than Mutual Benefit Corporation law.

8724. Without the approval of 100 percent of the members, any
contrary provision in this part or the articles or bylaws
notwithstanding, so long as there is any lot, parcel, area, apartment
or unit for which an owners association (as defined in Section
11003.1 of the Business and Professions Code and created in
connection with any of the forms of development referred to in
Section 11004.5 of the Business and Professions Code) is obligated to
provide management, maintenance, preservation or control:
(a) The owners association or any person acting on its behalf
shall not:
(1) Transfer all or substantially all of its assets; or
(2) File a certificate of dissolution; and
(b) No court shall enter an order declaring the owners association
duly wound up and dissolved.

It would have been helpful if the board had clarified what they knew or sought the counsel of the lawyer we pay when the Dissolution committee was formed. Wasting a year of time and money by individual owners is NOT productive for anyone.

If we can't get rid of this unAMERICAN, socialist owners association, then we better find a way to make it work equitably for all of us. Suggestion? I have received a few and will post them later.

ANOTHER NOTE: Legislation is constantly being formulated regarding Homeowner Associations. This is a good reference to keep track of them. http://echo-ca.org/legislative/glimpse.php

For instance, two interesting items.

AB 2806 Will require every member of the board and each candidate for the board to provide a statement indicating whether or not they have completed an educational course on the law of common interest developments. This information must be included in the ballot material for a board member election. Amended 8/11. Passed by Legislature.

AB 2846 Allows for certain disputes to be heard in small claims court, and permits an owner to pay under protest. Amended 8/5. Passed by Legislature.

Does any of this sound familiar? Seen one HOA, you've seen 'em all!

2008-08-30T16:32:00.000-07:00

Dissolving a Homeowners Association

Only those who have what it takes need apply

January 11, 2007

By Jan Jackson (View author info)

http://www.ahrc.se/new/index.php/src/news/sub/article/action/ShowMedia/id/3406

Florissant, Colorado - What prompts an HOA/CID homeowner to try to dissolve his homeowners association? Once he decides to try to do that, how does go about it?

Usually an HOA homeowner will first get a sense of "something isn't right" about his HOA, but he dismisses the feeling almost immediately, thinking he must be imagining it. After all, he thinks, the real estate agent that sold him his house had nothing but good things to say about his HOA. And surely, he also thinks, a HOA board of directors (or the Property Management company, if there is one) would be handling the administrative and operational tasks of his HOA in an intelligent and rational manner.

But the homeowner's uneasy feelings usually not only persist, but his suspicions that "something isn't right" gets stronger over time. So he decides to attend one of those "board meetings" he's heard about and asks some questions of one or more board members while he's there. Usually, as the board members reply to his questions, they smile a lot and appear to be very friendly and helpful. So, at that point, the homeowner feels reassured and thinks no more about his former nagging sense of "something isn't right."

Sooner or later, however, his feeling comes back again (often because he's heard or seen something "odd" in his HOA happen, either to himself or others, or heard, seen or noticed something "odd" during a "board meeting," that triggered his suspicions again. So, he starts asking more questions -- this time he also asks some of his neighbors what they think, as well as one or more board members.

The homeowner, at that point, begins to realize that he's hearing (and observing) what appears to be serious inconsistencies from almost everyone he talks to -- including his HOA's board members.

So he goes to another board meeting and asks some more questions of one or more board members. This time, the board members smile a little less often and instead of answering his questions, tell him (something like) being a board member is a tough, demanding job ... that the board members are all volunteers (unpaid) ... and tries to subtly hint that the homeowner perhaps does not fully appreciate all of the free work the board does for him and the rest of the homeowners.

Again the homeowner leaves the meeting without any argument, and tries not to have any ill feelings toward anyone. But, this time, the homeowner's suspicions have really been raised to an unacceptable level. So he decides to do some research about his HOA on his own.

What he begins to find out about his HOA/CID makes the hair on the back of his neck stand straight out.

Be aware that there are variations on the above HOA homeowner's story with each homeowner that goes through those initial stages of "unease" and questioning about his/her HOA. Some homeowners are gullible and just believe everything their HOA board tells them without question. Others know, inside themselves, that something probably really is wrong in their HOA, but they don't want to, or are afraid to, get involved. Others don't even bother to ask any questions because they've gone into blind denial about what's going on all around them in their HOA (mainly because they're very busy with other matters in their lives and "don't have time" to think about it or do anything about it). So they just "pay up and shut up." And still others easily recognize corruption when they see/hear it and decide to become members of the HOA's "cabal" to try to "get in on" what they believe may be very shady goodies that all of the members of the board appear to be "in on."

KRCE ANNUAL MEETING

2008-08-30T16:26:00.000-07:00

There wasn't a quorum, so there really wasn't a meeting. The current board met after the meeting to set the agenda for next year. One new member of the board, Sue Nix, will be allowed to attend future board meetings. Barb Wartelle, was disqualified by the Election committee/board, so those votes were thrown out. Your board, since no one else ran, will remain the same with one new member.

Susan Wallace and a board member's brother did promise to get an opinion from our retained attorney on dissolution.

Sue Nix

Note:

Comments: OF course your comments will be shown, Richard, right here. Where were you when help is needed for this association??

Richard said...

WHAT IN THE "H...." ARE YOU TALKING ABOUT?

No quorum = no election = no new board members.

You will not allow this to be posted because your goal is the destruction of the association at any cost.

August 31, 2008 12:22 AM

Richard said...

No one, no one - husband, brother, nor Barbara Wartelle ever said that Barbara was an owner of a KRCE property.

She cannot be a board member.

August 31, 2008 12:26 AM

Dissolving a Homeowners Association IV - opinion

2008-08-30T15:57:00.000-07:00

Dissolving a Homeowners Association IV

Contributed by: Jan Jackson on 4/2/2007

As we follow the experiences of a typical intelligent and rational, law-abiding member of a homeowners association (HOA) who is questioning his HOA's BoD regarding the facts and law of their decisions and actions, we find that he eventually realizes that his HOA's board of directors appear to simply be covert power-and-money seekers who have a hidden agenda (along with their cooperative, sycophantic "cabal" of HOA members who can swing their HOA's vote any way their HOA BoD wants it to go) -- a hidden agenda which is not usually in the best interests of the non-cabal members of the HOA, but which cements in stone the dictatorial power and money goals of the HOA's BoD and its cabal.

After the typical HOA homeowner (who just wants to know the facts and law details of his HOA's BoD's decisions and actions) continues to ask his BoD President (and other BoD members) questions, some of the more unsophisticated-in-the-various-nuances-of-corruption BoD members, and members of their cabal, begin to become less and less smiling and friendly-acting, and more and more verbally and non-verbally hostile towards him. They may even, because of the aberrant personalities of these types of men and women -- especially when they get a taste of power -- physically assault the questioning member. Then, of course, the city chief of police or county sheriff is contacted by the HOA member who was assaulted and a hearing and/or trial ensues.

But even then, his HOA and their cabal do not, will not, stop the onslaught of their covert agenda. But the HOA questioning member doesn't stop asking for factual and legal answers to his questions, either.

And so it goes, sometimes for weeks, or months, or even years.

Eventually, however, the questioning HOA member gathers enough hard evidence to file a lawsuit against his HOA. Why does he take that very expensive and time-consuming step? Usually because, in this country, there is no other way but a lawsuit to stop corrupt HOA BoDs from turning their HOAs into little dictatorships. Yes, I did say "dictatorships." How can HOA BoDs do that? Usually they are able to accomplish that because of two things: (1) The HOA's attorney is often a CAI (Community Associations Institute) member, and (2) state authorities -- under their state's HOA laws (which the CAI lobbyists often appear to write themselves) -- have no oversight of HOAs whatsoever. Therefore, all an HOA homeowner who is trying to right the wrongs that are going on his HOA can do is to sue his Association.

Until recently, most HOA homeowners wouldn't file a lawsuit against their HOAs. They simply moved, or "shut up and paid up." Recently, however, HOA attorneys (often CAI members) and their HOA BoD clients appear to have become so destructively aggressive -- ecologically and financially -- toward questioning HOA homeowners, and because HOA homeowners are now regularly in touch with each other all over this country, they feel confident of winning when they sue their HOAs (they now know that the similar "HOA horrors" are happening to other HOA homeowners, and they also have become "educated" in HOA laws and procedures themselves).

And still more recently, because of the outrageous hacking of the AHRC (American Homeowners Resource Center) Web site, and the AHRC's aggressive offline and online attack (RICO lawsuits) against the CAI in the state of California, HOA homeowners all over the country are talking to their own attorneys about filing that type of a lawsuit against their own HOA.

Stay tuned...
Jan
http://coloradosprings.yourhub.com/Central/Blogs/News-Politics/Politics/National-Politics/Blog~287504.aspx

Petition to Dissolve the KRCE Owner Assn.

2008-08-26T18:20:00.000-07:00

We, the undersigned members in good standing of The Klamath River Country Estates Owners Association, request to dissolve said Association and be represented by Sue Nix or other members in good standing to seek legal action to dissolve the OA according to California Law. A written poll* in Jan. 2008 responded to by 2/3rds of the membership, voted 68% to dissolve, representing the majority needed for dissolution.
*YES = 608 LOTS, No=416 lots (1024 voted), Not returned=547

If you wish to sign or want petitions to distribute , email to: TheTownCrier@gmail.com

Citizens for Constitutional Local Government

2008-08-23T12:04:00.000-07:00

Some interesting information at this website:

http://pvtgov.org/pvtgov/

After a heated discussion at my annual HOA meeting relating to the board's failure to setup CC&R mandated reserves, a board member said to me,

"George, lighten up. This is a small social gathering of friendly neighbors seeking to maintain property values."

I replied,

"So long as the HOA has a right to take my house, or to impose financial difficulties for me and my family, supported by state laws that do not allow me proper due process if I disagree with the HOA, there can be no social gathering of friendly neighbors. This is a contractual arrangement that is one-sided against me, and all other individual homeowners. If you want a friendly social gathering of neighbors, throw away the threat of financial distress, the state supported CC&Rs, and we can then act like good, friendly neighbors."

Citizens for Constitutional Local Government (CCLG) believes that HOAs are independent, undemocratic, private governments operating outside the American system of government. If we are to make progress, we must distinguish the concept of a planned community, which is a real estate "package" of homes, landscaping, amenities, and rules, from that of the HOA, which is the governing body of the planned community. Only when the HOA is a truly democratic government and no longer an independent, private government will there be equality for all citizens.

"I get one email a week from homeowners", he said, "I have to tell them that under current law and statute, nonprofit corporations and HOAs have their own powers and there is no bill of rights to protect us as citizens." . . . George K. Staropoli, Arizona Capitol Times, 3/15/02
~~~~~~~~~~~~~~~~~~~

HOA HORROR STORIES.....This could happen to you!
Dissolve the KRCE OA NOW!
http://www.bankrate.com/brm/news/real-estate/HOA-horrors1.asp
*Sometimes, the long-gone developer causes problems. A Hillsborough, Calif., builder put houses wherever he could, then donated unusable areas as 'parkland' to the private community. The donated areas turned out to be unstable hillside that required the homeowners to pay loads of money for some expensive maintenance.
* Near snowy Donner Pass, Calif., a development has rules that you can't drive over the snow or clear it from around your house to preserve the rural appearance and to provide zones for snowmobiles.

A woman resident with a back injury wasn't able to walk the half mile to her house, so she drove over the snow. The association fined her up to $500 a day. She faces more than $50,000 in fines and has been fighting her HOA in court for three years. The case is unresolved.
A Tampa, Fla., woman thought her attorney had paid all her delinquent HOA fees of more than $4,000, but she was wrong by $497. It cost her the house.

The busy physical therapist ignored legal papers mailed to her, the association foreclosed and held a courthouse auction. A property company snapped up the house for $4,651, the price of the HOA's legal fees, then sold it for $88,000.

A family that cares for five foster children in Port Richey, Fla., was threatened with eviction from their residential development. The association considered having foster kids a business because the state paid $2,028 a month to care for the children.

The 56-cents-an-hour 'business' owners are still fighting the case.

If you're looking for help dealing with your HOA, visit the American Homeowners' Resource Center or the National Institute of Community Management or call its hotline at (800) 387-1099.

You can also share your experience by sending your personal nightmare to: HOAhorrors@bankrate.com.

Or your property might be in a trust and after 12 years of being a member in good standing, because you disagree with a point of view, you are NO longer a member!

JUDGES AND CAI FORECLOSURE LAWYERS WORK TO SHUT DOWN HOMEOWNERS WEBSITE

2008-08-23T11:46:00.000-07:00

Voice of Homeowners Threatened with Extinction

April 14, 2008

By Jan Jackson (View author info)

Florissant, Colorado -

What would you do if you and your husband were in the middle of fighting the good fight against the tyranny of your homeowners association (HOA) and its lawyer, and the following happened:

The setting is a hospital where your husband is recovering from a heart condition. He misses a deposition while hospitalized. Peters & Freedman, the law firm for your HOA, had been notified of your husband's hospitalization but they went into the Orange County, California Superior court anyhow seeking $5,000 in sanctions because your husband missed a deposition while he was hospitalized. California Judge James M. Brooks then summoned your husband to his courtoom and ordered him to pay Peters & Freedman the $5,000 in sanctions. (Keep in mind that Peters and Freedman are members of the Community Associations Institute, aka "the CAI", a national organization whose lawyers-lobbyists are believed by informed HOA homeowners in every state to be their worst enemy, their belief resting on many years of legal "irregularities" toward many, many HOA homeowners in California).

Well, when that happened to a husband in California, the husband and wife filed a formal complaint against Judge Brooks with the California Commission on Judicial Performance (CJP) and Judge Brooks received a formal public admonishment for saying -- upon hearing that the husband failed to appear for his deposition due to his heart condition and hospitalization -- "I wonder what's going to happen when we put you in jail. Your little ticker might stop, you think?"

Because of that remark by Judge Brooks about the California husband, and many other such remarks over the years to other plaintiffs in California who appeared in his courtroom, many public admonishments were given to Judge Brooks by the Commission on Judicial Performance (CJP), the statutory body in California that oversees judges. The CJP had finally decided that he had violated ethics rules requiring that judges act in a manner that promotes public confidence in the integrity and impartiality of the judiciary, that they must appear to be patient, dignified and courteous, and they must uphold order and decorum in proceedings. Last week, Judge Brooks stipulated to the issuance of another admonishment, and agreed to retire from the bench in order to forego formal proceedings and the possible imposition of higher discipline (see www.metnews.com/articles/2008 for the full story about Judge Brooks, his unethical courtroom behavior, and the CJP).

Seem unbelievable that a Judge in an American court of law would get away with such judicial nonsense for so many years? Send Elizabeth McMahon an email ( www.ahrc.com ) and ask her if it really happened. She will tell you that it did, and she knows whereof she speaks because it happened to her husband Arnold.

Elizabeth has been the editor and publisher of a very large and successful web site known as the American Homeowners Resource Center (AHRC) for the last eighteen years. The web site which is currently being "attacked" by the California law firm of Peters & Freedman. They are trying to shut down her web site. Many if not most informed homeowners believe that the purpose is to prevent AHRC homeowners from writing about the terrible things that happen to them as HOA homeowners, In particular they believe that law firm wishes to conceal what may be legally questionable actions against HOA homeowners, especially in the area of foreclosures, and to keep RICO (the Racketeer Influenced and Corrupt Organization Act of 1970) investigations from reaching authorities and the public. The Peters & Freedman law firm is a member of the Community Associations Institute (CAI) HOA foreclosure lawyers. They have been the subject of at least one RICO lawsuit by a homeowner. There have been several media articles about them, and also investigations by class action lawyers.

Think all of the above is absolutely outrageous? Wait until you read about Judge Monroe and something called "void judgments" (a judgment which has no legal force or effect). The McMahons believe that Judge Monroe clearly issued a void judgment because he had no jurisdiction to do so at the time. Another California judge, Clay Smith, ruled and issued another void judgment. The McMahons believe that Peters and Freedman are using Palacio del Mar Homeowners Association in California (where Elizabeth and her husband Arnold used to live) to "front" their lawsuits to shut down AHRC, a public service, networking, communications and publishing website.

What a helluva HOA mess out there in California, eh? But you know what? California's HOA problems are really not much different than any other corrupt state in these United States these days. State legislators have been observed in apparent collusion with CAI lawyers-lobbyists to pass HOA bills which are then signed into law by their state's Governors. Those laws mandate that any new developments in their states must be HOAs. HOAs that, many times if not usually, rapidly become little dictatorships run by controlling-type personalities who become members of HOA boards of directors, along with their power and money seeking (often CAI) HOA lawyers.

Stay tuned for more in the continuing horrendous saga of the attempted takeover of AHRC.com by the Peters & Freedman lawyers.

Read what the media has to say: • ANTI-FORECLOSURE WEBSITE IS THREATENED WITH FORECLOSURE - AHRC.com at risk of shut down by powerful realty interests

http://www.ahrc.se/new/index.php/src/news/sub/pressrel/action/ShowMedia/id/4386

SPECIAL THANKS TO THE FIRE UP COMMITTEE

2008-08-23T09:27:00.000-07:00

A handful of your neighbors are working tirelessly to get the emergency service center in the KRCE subdivision. They have spent countless hours researching and planning, meeting with county executives and trying to get the rest of you to send in your votes for this good cause that WILL NOT add to your membership dues!

They deserve recognition, and the Board of Directors is finally showing some interest in giving them the help they should have given over a year ago.

To Dissolve, or not to Dissolve, that is the question!

2008-08-21T18:30:00.000-07:00

BOARD REFUSES TO HOLD ELECTION TO DISSOLVE ASSOCIATION

Yes, the latest word is that the official stand on an election to finalize dissolution 'would be too expensive". That it will cost in the thousands to have an up or down vote.
Say What?

Why can't it go in the Klamogram like all the other KRCE information? It'll take about 2 square inches:

Dissolve KRCE OA
Yes
No
Lot#
Name

YIKES!! That looks like a LOT of work!!! OH MY!

I and others will gladly supply some paper. That's about $3.50. How about some ink? $20.00? What else? Do that instead of paying for the meat at a BarBQ no one cares about in the first place and most live too far away to participate in. No one gets along well enough to have a 'social' get together. A twelve year member, who has served on committees and given hundreds of hours of time volunteering for ALL of us, is now considered a pariah by your leadership. She is suddenly NOT a member in good standing therefore NOT invited to the get together because ...... her property is in a trust!

Are you kidding me?

Sadly, this is NOT a community, it's more like a reservation with primitive tribal law.
Watch for stray arrows.....

Well, the good news is, finally someone acts like they are concerned about over spending our money. A little too late.
Sorry, that dog won't hunt.

_________________________________

The KRCE Board insists it takes 100% of the members to dissolve the owner's association, but has not presented their evidence except to cite a statute only applicable to director votes AFTER dissolution has commenced! These are portions of relevant law. We could find NO mention of !00% requirement of the membership needed to dissolve. We are very CONCERNED about the legal advice this board is spending our dues on.

California CORPORATIONS CODE - SECTION 8510
(a) A complaint for involuntary dissolution of a corporation on any one or more of the grounds specified in subdivision (b) may be filed in the superior court of the proper county by any of the following persons:
(2) A person or persons holding or authorized in writing by persons holding not less than 331/3 percent of the voting power exclusive of memberships held by persons who have personally participated in any of the transactions enumerated in paragraph (5) of subdivision (b).
(3) There is internal dissension and two or more factions of members in the corporation are so deadlocked that its activities can no longer be conducted with advantage.
(5) Those in control of the corporation have been guilty of or have knowingly countenanced persistent and pervasive fraud, mismanagement or abuse of authority or persistent unfairness toward any member or the corporation's property is being misapplied or wasted by its directors or officers.

Voluntary dissolution is the method that should be used if the KRCE Board would act to dissolve as it’s members have requested. It would be faster and MUCH cheaper.

CORPORATIONS CODE SECTION 1900-1907
1900. (a) Any corporation may elect voluntarily to wind up and dissolve by the vote of shareholders holding shares representing 50 percent or more of the voting power.
8610. (a) Any corporation may elect voluntarily to wind up and dissolve (1) by approval of a majority of all members (Section 5033),or (2) by approval of the board and approval of the members
(2) If the election was made by the vote of members alone, the number of votes for the election and that the election was made by a majority of all members (Section 5033).

For all references see: http://krcehoamembers.blogspot.com/

A written poll* in Jan. 2008 responded to by 2/3rds of the membership, voted 68% to dissolve, representing the majority needed for dissolution.

*YES = 608 LOTS, No=416 lots (1024 voted)
Not returned=547

Sue Nix

Siskiyou Daily News-Why is Secrecy so Important?

2008-08-21T12:31:00.000-07:00

Aug. 15, 2008
Hornbrook, Calif. -
Dear Editor,

Klamath River Country Estates is a subdivision of several hundred homes controlled by a homeowner association. The current board of directors makes the rules for elections and decided that no one running for the board is allowed to state positions or opinions in the ‘election bulletin.’ Yes, they prefer ignorant voters. No one is allowed to tape record board meetings.

Why is secrecy so important? Now they have decided anyone who has their property in a trust is not an owner or member in good standing eligible to run for a board position, but the board happily takes their ever increasing dues each year.

Two thirds of the membership have expressed the wish in a written poll to dissolve the KRCE HOA. The board refuses to act. This HOA, which operates against California Law, provides services for only some of its members, yet we all pay the same amount. Approximately 42 percent of our dues are used for ‘road maintenance ...’ only for those on gravel roads. Paved roads get no such benefit. Quite a racket for those with conflicts of interest in real estate, etc. who may serve on the board and might be forced to care for their own property as any American should.

Your own county owns several of these lots, are voting members and have to pay the yearly dues. Your tax dollars are being spent to profit a few homeowners. Encourage the county to continue to support dissolution of this unrepresentative HOA. Be informed if you have property in KRCE and the financial trouble it faces.

http://www.siskiyoudaily.com/opinions/letters_to_the_editor/x1481398148/Why-is-secrecy-so-important

"Dear Fellow members" - From BARB WARTELLE

2008-08-21T12:07:00.000-07:00

Dear Fellow Members,

It is with deep regret that my candidacy for a seat on the 08-09 Board has been disqualified by the present Board/Election Committee. My disqualification was based solely on the way Bill and I decided to take title to our property in KRCE some 12 years ago. I was asked to prove I actually was a member by submitting a copy of the last page of our trust.

For undeniable proof I submitted:

1. A copy of the Purchase Agreement of our property with both our names

2. A copy of the title company summary pages addressing us as buyers

3. A copy of the Grant Deed which easily can be judged tied to our Trust and clearly marked to be mailed to both Bill and me after recordation.
4. A copy of the last page of our Trust designating our status

None of the above mentioned papers satisfied the question of my membership. Each was denied individually and collectively. The present Board/Election Committee has elected to take exception to the way we chose to take title to our property over 12 years ago.

I was most distressed with Carolyn Aronson who is not only a paid employee in the position of the KRCE office manager but also the Corporate Secretary for the Board and whose husband was recently appointed to the Board and presently running for a seat on the Board for 08-09 with the Election Committee/Board members, Saunders, Stump, Aronson and Austin. Carolyn, a guiding force for the Board, seems to think that unless specific names are stated on a Grant Deed, dual ownership is non existent. This is the work of your last Board and soon to be again seated Board in 08-09.

Please support Candidate, Sue Nix, in her efforts to force the Board to be accountable to the Membership, she will be the only new member to Board.

If you thought me a viable Candidate for your vote, I thank you for your consideration.

Please stay focused on the web site http://krcehoamembers.blogspot.com/ which was originally prepared by Board Candidate, Sue Nix, to offer an alternative to the Klamagram by informing membership of facts you will not read in the Klamagram…Sue invites all rational dialogue of non profane substance. You may ask any questions and I will respond to the ones directed to me or items of which I may have knowledge. My e-mail address is listed below my name should you wish to contact me direct.

Barb Wartelle

BJAW2002@hotmail.com

Reply to member from BARB WARTELLE

2008-08-12T21:15:00.000-07:00

Re: Your letter of July 18, 2008

Dear [KRCE member]

Board President, James Saunders, should reply to your inquiry as to when your road will be rebuilt. He is not only the Board President he also is Chairmen of the Road Committee on which Sue Wallace, past President of KRCEO/A, serves. Perhaps you could make some attempt to reach her if you continue to have no response from Jim Saunders. While attending many KRCE meetings, attendees were explicitly told by Sue Wallace that only the worst of the roads would be addressed as funds provided. One can only speculate. Perhaps your road did not qualify as being in that serious a condition by the Road Committee. I too live on a dirt road and know how frustrating it becomes especially when subjected to winter’s adverse conditions. Fortunately, my soul mate is a young 81 and if need be, can still navigate us to the county maintained road. We consider ourselves one of the lucky ones. Did you know a few months ago the present Board ruled that no assistance would be given to snow marooned members? It is up to the individual to arrange for and pay for their own help. My point is the dirt roads are supposed to be maintained as long as we have an Association. They are part of our membership funds budget.

Possibly you did not realize for at least two terms the Board has been involved in an on going lawsuit and funds must be directed to that cause as the Board recognizes the implication of their failed suit and the Board’s duty regarding maintaining and preserving of the Association assets. You offer little insight as to how long you have been a member of KRCE/OA, however, allow me to assure you, if elected to a position on the Board, with the help of other Board members we will be able to give attention to needs that have been overlooked in lieu of dealing with lawsuits which I might add continue to have a financial devastating effect on our Association. Best we begin asking ourselves what membership will do if the Association becomes bankrupt. If you have any questions regarding the status of the lawsuits or other pertinent questions regarding effects, worse case scenario, please direct your questions to Sue Wallace as she also acts as a representative from the Board to the Association’s attorney. If you wish questions posted in the Klamagram also refer to Sue Wallace.

Personally, to this date, I have had no direct experience in the maintaining and preserving of this Association’s assets because I have never served on the Board. I can tell you of my past experience with a multi million dollar organization however that would not give any satisfaction in relevance to this Association as my relationship with prior organization took fiscal responsibility. As my candidacy statement revealed, I have been a real estate consultant to a previous KRCE Board for two years. In that capacity had privy to partial function of the Association’s assets or lack there of, however, not maintaining a seat or having voting power on the Board, I was limited regarding assets preservation. My position was real estate advisor/consultant dealing with the then land developer who no longer has controlling interest in the KRCE subdivision.

There seems to be objection to my candidacy as I am presently being challenged as to my ownership of a home where I have resided for over 12 years. This is the same Board who has established themselves as the election committee, the same Board who has 4 out of 5 of their present Board/Election committee members running for positions on the Board, one of which is married to the KRCE office manager who also is the KRCE Corporate Secretary to the Board.

Due to a quirk of terminology in recordation, the Board/ Election Committee, challenges my right to be a candidate. The Election Committee/Board requested proof of ownership and I complied with clear evidence of ownership. As puny as this challenge presents, it could be used to hinder my eligibility or so I am told by the KRCE office manager and Board’s Corporate Secretary, Carolyn Aronson.

Thank you for your inquiry, if you want further correspondence please mail to the address below. Your recent letter, addressed to my attention, arrived pre opened and read by office manager? This I find not only objectionable but a violation of privacy. The KRCE Board/Election Committee did not allow candidates to voice opinions or allowed for contact information in the membership Klamagram.

A fellow Member,
Barb Wartelle

AN OPEN LETTER TO ALL VOTING MEMBERS OF KRCE

2008-08-11T15:23:00.000-07:00

As of this date, August 11, 2008, I, Barbara Wartelle, am no longer a candidate for seat on the KRCE board for the coming year.

A few days ago, my membership/ownership of my KRCE property was challenged by the election committee because my property is in a trust. For those of you who do not read the Klamamgram, the election committee is also the present KRCE board, who with the exception of Fran Beauchamp, are again running for the board, assisted by the board’s corporate secretary, Carolyn Aronson, who by her employment is also the manger of the KRCE office.

I ask you.....WHAT is wrong with this picture?

When I was asked to produce the last page or signature page for verification of trust showing beyond doubt the proof of trustors of our property to the board/election committee/corporate secretary I complied. However, the group chose to ignore the proof I provided even though it established my membership. I also supplied a copy of the purchase agreement and title papers which also reflect my name. This did not appease the group. They took refuge in the fact we chose to record our deed just a bit different than the people sitting in judgment of me.

Whatever votes I was able to win will probably be nullified. I thank you for your consideration. My qualifications are genuine, my membership is genuine.
My last comment is I feel honored to be feared so much. This should make one think what is the Board/election committee/corporate secretary trying to keep buried?

I hope I am in time to ask you to vote for Sue Nix as she is the only one not serving on the present board.

Barb Wartelle

PLEASE NOTE!!!

If your property is in a trust, according to this board of directors, YOU are NOT a member in good standing. But they WILL take your dues every year or take your property if you don’t pay them.

Does this mean you are a good enough member to vote but not run for the board , or will they stop trust owners from voting as well?

Have there been other board members who had their property in trusts?

Why did the board WAIT until the election was nearly over to disqualify a candidate?

SO MANY questions.........

Unrestricted/Uncensored Campaign Statements

2008-08-08T10:31:00.000-07:00

Barb Wartell's uncensored Campaign Statement

http://krcehoamembers.blogspot.com/2008/07/unrestricteduncensored-campaign.html

Sue Nix's uncensored Campaign Statement
http://krcehoamembers.blogspot.com/2008/06/call-for-board-of-director-candidates.html

Other candidates have not submitted any opinions on policy on KRCE issues, which were not allowed in the KRCE bulletin by the board.

KRCE - Tyranny is alive and well in Siskiyou County

2008-08-08T10:11:00.000-07:00

To the Editor:

Klamath River Country Estates is a subdivision of several hundred homes controlled by a homeowner association. The current board of directors makes the rules for elections and decided that no one running for the board is allowed to state positions or opinions in the 'election bulletin'. Yes, they prefer ignorant voters. No one is allowed to tape record board meetings. Why is secrecy so important? Now they have decided any one who has their property in a trust is NOT an owner or member in good standing eligible to run for board position, but the board happily takes their ever increasing dues each year.

Two thirds of the membership have expressed the wish in a written poll to dissolve the KRCE HOA. The board refuses to act. This HOA, which operates against California Law, provides services for only some of it's members, yet we all pay the same amount. Approximately 42% of our dues are used for 'road maintenance'.....only for those on gravel roads. Paved roads get no such benefit. Quite a racket for those with conflicts of interest in real estate, etc. who may serve on the board and might be forced to care for their own property as any American should.

Your own county owns several of these lots, are voting members and have to pay the yearly dues, Your tax dollars are being spent to profit a few homeowners. Encourage the county to continue to support dissolution of this unrepresentative HOA.

Be informed if you have property in KRCE and the financial trouble it faces. For more information, the unofficial blog for KRCE HOA members is
http://krcehoamembers.blogspot.com/

Sue Nix, Hornbrook, Member KRCE HOA

Sent to: Medford Mail Tribune, Siskiyou Daily News, Siskiyou Source, Pioneer Press, Ashland Daily Tidings

Message from: SUE NIX

2008-08-05T14:04:00.000-07:00

I was forwarded a letter by the KRCE office, sent to my attention from a member with some questions on the upcoming election, etc.

Here are those questions and my reply. Please remember, those of us running for the board positions must pay all our own expenses, which makes it impossible to contact you all by mail with information you should all have. The current board will NOT allow any statements in the Klamogram about positions or opinions regarding the KRCE HOA.

I won’t disclose the member’s name who asked the questions, but since the envelope was opened before it was forwarded to me, I will assume the questions are common knowledge.

Q: “I learned that you served on the Dissolution Committee doing research and attending many board meetings. I would like to know what kind of work you did on that committee”

A: As I stated, I did research and attended board and DOA meetings. This included several contacts with county officials who have no objection or problems with dissolution.
I also researched many hours at the Siskiyou County Court House for the case records of the legal proceedings mentioned to me by board member Jim Saunders in a letter. He states that judgment says dissolution cannot happen without 100% of the voting members agreeing. Neither I or the county clerks could find any mention of that in the microfiche records of the suit he referenced. The board needs to provide their proof. Since they referenced it in writing they must have it. It’s confusing because the mentioned court action had nothing to do with dissolving the KRCE HOA.

At our own expense, committee members put many hours into typewritten and photocopied pages of information to those we could reach. I also spent weeks studying dissolution under California Corporate law and the Davis Sterling act and met with an attorney who agrees that only a majority is needed to dissolve the HOA. Two thirds of the membership in a written poll have voted for dissolution.

Her advice was to sue the HOA to force them to comply with the law in several areas including dissolution. There is NO CONTROLLING authority over a Homeowner association board. They can and will do anything you will let them do. The only recourse is legal action, which they know we, as individuals, cannot afford. You are their subject unless you take them to court. My national contacts are trying to find us a pro bono civil rights attorney. This happening is doubtful. We are only one of dozens of HOA's across the country who have put their members in precarious postitions. If finances are not brought under control soon, this HOA will face bankruptcy and no one gains anything at that point except expenses. We should dissolve and sell the common property while we might actually get something out of it.

Q: “During the last few months I have been trying to get information from James Saunders on when the road to my property would be rebuilt.....which was not rebuilt for many years. I didn’t get any definitive response from him. I am interested in knowing what experience you have in maintaining and preserving the Association assets, and what your position will be in rebuilding the southern part of [blank address] road.”

A: Obviously, those roads needing repair the most or have waited the longest should be repaired first. However, my position as stated, is to do away with the HOA. Approximately 42% of every members dues goes to ‘road maintenance’. Many of us were told that includes maintenance for ALL members. It doesn’t.
Only the dirt roads are maintained by the HOA, but ALL members pay for it.
Why? Would you be happy to pay for a benefit for me that you get absolutely nothing from except the joy of writing the check? No fair person would, would they?

This is in violation of the law. There must be separate and unique classes of membership for one to receive a benefit while other members get no such benefit.

It is obvious to most of us, that road maintenance is not being done equitably. ONLY an individual land owner can properly care for his own property. None of us are privy to what criteria the board uses and since they won’t allow taping of their meetings, the membership is left to wonder. I will move to have all board meetings tape recorded.

You must realize, however, that even if Barb Wartell and I are elected , we will be a minority and probably will have absolutely no influence on the remaining three members of the incumbent board. It is a shame that more members did not run for the board, but it is understandable, most of us are not happy with being controlled or intimidated and silenced.

"No problem can be solved if the truth of it isn't told."

Unrestricted/Uncensored Campaign Statement of Barb Wartelle

2008-07-06T21:09:00.000-07:00

You will be reading my resume in the Klamagram which should be exactly what has been printed in this Blog. What you will not read is my Campaign Statement because the present Board will not allow any candidate to include any type of comment regarding their viewpoints. For those of my fellow voting members, who perhaps want to know how this candidate evaluates the present conditions with perhaps a few questions for future thought, please read my unrestricted/uncensored statement. It is far longer than what I would have submitted had I been able to make even the smallest comment in my resume. This will give you an opportunity to know me prior to voting.

My Owners Association life in KRCE began in 1996. During the first half of a Board meeting of ruckus and screaming my husband and I walked out and just about decided never to attend another such fiasco. Then the Membership annual meeting was scheduled and we decided to give it one more try. People were again very agitated however, it wasn’t until a current member of the Board excused himself to go and help count votes, we said something is terrible wrong with this Board. That man is running again for a seat on the Board and he is counting votes?

We became involved…not totally at first, as one or two meetings gave pause of wonderment to the structural being of the Board. The total puzzlement of faces of each Board member staring at a voice coming from a black speaker and the attending members chaotic responses that had the ability to rupture one eardrums made us doubt if it were worth while. However, little by little with bits of information did we begin to realize the enormity of gross Board negligence.

Let me pause to say we live on a dirt road. It was not until we attended a road committee meeting, where we informed that what was purported to be a Single Family subdivision was indeed a Raw Land subdivision, we did sit up and take notice. To the average person, without a real estate background, the raw land designation means nothing and I am not going to get into logistics at this time other than say no way are the two classifications similar other than they both relate to land. It was wrong that such reclassification action happened for the sake of a greedy developer. It remains wrong today. Were you asked if you minded if your subdivision was down graded and reclassified? Did the developer, Klamath River Development Co., (aka KRDco.) ask the Membership if it was ok to strip you the continuity in your purchase?

The reclassification compromised our Articles of Incorporation also Covenants, Conditions and Restrictions the very essence of our Association. I don’t know about you but this does not set well with me. If voted as a possible Board member I would be in favor to reexamine the viability of even continuing to be an Association.

The Dissolution of Association committee’s report made to the Membership via Klamagram, by the present Board, lacked the four pages of needed information that was given orally at a Board meeting. This information would have been vital in allowing each and every Member an informed decision.

Here are few questions one should ask oneself:

How will the lack of an Association affect me?

Will I mind not paying the ever increasing dues each year?

How much will it cost me to meet the up-coming State mandated reserve fund requirement?

Can the Association lien my property if I can not pay the mandated reserve fund requirement?

Will the Association ever be finished bringing laws suits against people?

What will happen if the Association losses the on going legal matters?

Do I as a Member need to be worried if there are not sufficient funds to pay a legal loss?

Is it necessary for an Association to belong to a CID?

What will happen to all the dirt roads in the subdivision if there is no Association?

What happens to the CC&Rs if there is no Association?

Who enforces the CC&Rs?

What is the function of the Board?

Can we get our original subdivision classification back?

Will my property value decrease if there is no Association?

When do I get a say in the thousands of Membership dollars spent in legal fees?

Why does the Association need two Attorneys?

What happens if the Association bankrupts?

Tell me again…. What are the good things about belonging to an Association?

Many of the above questions were answered in the written report which was orally presented to the active Board, you read what was in the Klamagram…. Are you satisfied all is well?

BARB WARTELLE Candidate for Board Of Directors

2008-07-05T16:29:00.000-07:00

To: KRCE/OA Hornbrook, Ca.

Candidate Resume

From: Barbara Wartelle

My name is Barb Wartelle, a membership dues paying resident of KRCE/OA for over 12 years.

My adult working background includes various positions communicating with the public, including office management, real estate broker, a corporate secretary to a segment of a nation wide organization and at present, with a Maritime Attorney as a Plaintiff Advocate concerning Cosco Buson oil spill.

My educational background qualifies and compliments these positions. As a volunteer I have been involved with the efforts of the local Hornbrook Grange, Hornbrook Neighborhood Watch, Christian Woman’s Group, Pregnancy Care Center, a participant with Hornbrook Community Bible Church study group also an 11 years volunteer with Yreka Humane Society.

Regarding specifically KRCE/OA, I helped organize the KRCE Ladies Association, twice served on annual KRCE/OA election committees, substituted for 6 weeks as KRCE office assistant during a transitional period several years ago. My most recent effort was recording secretary on the Dissolution of Association committee.

Sue Nix Candidate for Board of Directors KRCE

2008-07-05T16:28:00.000-07:00

July 5, 2007
To: KRCE Board of Directors or whom it may concern.
I am submitting the following biographical statement for the election for Board position of KRCE HOA to be included in the annual election package, revised per your request without contact information for me.
~~~~~~~~~~~~~~~~~~~
Sue Nix
I have lived in KRCE for 5 years, and served on the Dissolution Committee, doing research and attending many board meetings. Before that, So. Oregon (Graduate Medford Sr. High), Portland, Idaho.

Business Background:
Retail/Commercial Credit/Debt collection/Counseling.
Cost /Production analysis.
Accounts payable/ receivable.
Safety Training and insurance officer.
Real Estate investments.
Consumer advocacy newspaper column.
Consumer Advocate/Paralegal - Consumer Sounding Board
Credit/Business Mgr. -Collection/legal Division -
5 years. Credit Bureaus Inc. Medford, Or
Tire Company - 5 years - Commercial Const. Co. - 4 years,
Medical Clinic, misc. companies, consultant.
Past president Credit Women’s Int. , Retail Credit Assn.
Helped develop Consumer Credit Counseling in So.Oregon and No. Calif.
Charter member So. Oregon Drug Awareness.
Several published articles. Novel in prepublication.

Perfect credit rating, driving record, never been sued, don’t owe anyone one cent. References, credit report, criminal check available upon request. Please feel free to contact me.
~~~~~~~~~~~~~~~~~

149 words.

Thank you.

The Declaration of Independence

2008-07-02T11:07:00.000-07:00

July 4, 1776, Independence Hall Philadelphia.

IN CONGRESS, JULY 4, 1776

The unanimous Declaration of the thirteen united States of America

hen in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent o f the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. — Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected, whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice by refusing his Assent to Laws for establishing Judiciary Powers.

He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil Power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

For quartering large bodies of armed troops among us:

For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world:

For imposing Taxes on us without our Consent:

For depriving us in many cases, of the benefit of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences:

For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies

For taking away our Charters, abolishing our most valuable Laws and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection and waging War against us.

He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.

He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation, and tyranny, already begun with circumstances of Cruelty & Perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these united Colonies are, and of Right ought to be Free and Independent States, that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. — And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.

— John Hancock

New Hampshire:
Josiah Bartlett, William Whipple, Matthew Thornton

Massachusetts:
John Hancock, Samuel Adams, John Adams, Robert Treat Paine, Elbridge Gerry

Rhode Island:
Stephen Hopkins, William Ellery

Connecticut:
Roger Sherman, Samuel Huntington, William Williams, Oliver Wolcott

New York:
William Floyd, Philip Livingston, Francis Lewis, Lewis Morris

New Jersey:
Richard Stockton, John Witherspoon, Francis Hopkinson, John Hart, Abraham Clark

Pennsylvania:
Robert Morris, Benjamin Rush, Benjamin Franklin, John Morton, George Clymer, James Smith, George Taylor, James Wilson, George Ross

Delaware:
Caesar Rodney, George Read, Thomas McKean

Maryland:
Samuel Chase, William Paca, Thomas Stone, Charles Carroll of Carrollton

Virginia:
George Wythe, Richard Henry Lee, Thomas Jefferson, Benjamin Harrison, Thomas Nelson, Jr., Francis Lightfoot Lee, Carter Braxton

North Carolina:
William Hooper, Joseph Hewes, John Penn

South Carolina:
Edward Rutledge, Thomas Heyward, Jr., Thomas Lynch, Jr., Arthur Middleton

Georgia:
Button Gwinnett, Lyman Hall, George Walton

The original Declaration is now exhibited in the Rotunda for the Charters of Freedom in Washington, DC. It has faded badly, largely because of poor preservation techniques during the 19th century. The document measures 29-3/4 inches by 24-1/2 inches.

What's on the Back?

People who watched the popular movie "National Treasure" want to know. On the back, at the bottom, upside-down is simply written: "Original Declaration of Independence / dated 4th July 1776." Regarding the message on the back, according to the National Archives, "While no one knows for certain who wrote it, it is known that early in its life, the large parchment document was rolled up for storage. So, it is likely that the notation was added simply as a label." There are no hidden messages.

It's almost July 4th--Independence Day

2008-06-26T12:21:00.000-07:00

Yes, it still means a lot to many of us. Let's take a look at what some of our founding fathers said about property, rights and representation. GOD BLESS AMERICA!

"Posterity - you will never know how much it has cost my generation to preserve your freedom. I hope you will make good use of it." - John Quincy Adams

"The rights of persons, and the rights of property, are the objects, for the protection of which Government was instituted. " - James Madison

"A just security to property is not afforded by that government, under which unequal taxes oppress one species of property and reward another species." - James Madison, Essay on Property, March 29, 1792

"All men having power ought to be distrusted to a certain degree." - James Madison

"By rendering the labor of one, the property of the other, they cherish pride, luxury, and vanity on one side; on the other, vice and servility, or hatred and revolt." -
James Madison

"Do not separate text from historical background. If you do, you will have perverted and subverted the Constitution, which can only end in a distorted, bastardized form of illegitimate government." - James Madison

"The trade of governing has always been monopolized by the most ignorant and the most rascally individuals of mankind." - Thomas Paine

"Knowledge will forever govern ignorance; and a people who mean to be their own governors must arm themselves with the power which knowledge gives." - James Madison

"Those people who are not governed by GOD will be ruled by tyrants." -- William Penn

"No legislative act contrary to the Constitution can be valid. To deny this would be to affirm that the deputy is greater than his principal; that the servant is above his master; that the representative of the people is superior to the people." - Alexander Hamilton, Federalist Paper No. 78.

"The personal right to acquire property, which is a natural right, gives to property, when acquired, a right to protection, as a social right." - James Madison

. "The only thing necessary for evil to triumph is for good men to do nothing" - Edmund Burke 1729-1797

"Aided by a little sophistry on the words 'general welfare', [they claim] a right to do not only the acts to effect that which are specifically enumerated and permitted, but whatsoever they shall think or pretend will be for the general welfare." --- Thomas Jefferson 1825 to W. Giles.

"No generation has a right to contract debts greater than can be paid off during the course of its own existence." - George Washington to James Madison 1789.

"There is no nation on earth powerful enough to accomplish our overthrow. ... Our destruction, should it come at all, will be from another quarter. From the inattention of the people to the concerns of their government, from their carelessness and negligence. I fear that they may place too implicit a confidence in their public servants, and fail properly to scrutinize their conduct; that in this way they may be made the dupes of designing men, and become the instruments of their own undoing." - Daniel Webster, June 1, 1837

"If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be." - Thomas Jefferson

"The house of representatives...can make no law which will not have its full operation on themselves and their friends, as well as the great mass of society. This has always been deemed one of the strongest bonds by which human policy can connect the rulers and the people together. It creates between them that communion of interest, and sympathy of sentiments, of which few governments have furnished examples; but without which every government degenerates into tyranny. " - James Madison, Federalist No. 57, February 19, 1788

"An informed citizenry is the only true repository of the public will.. . . The People cannot be safe without information. When the press is free, and every man is able to read, all is safe." Thomas Jefferson

"I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations". - James Madison

"It will be of little avail to the people that the laws are made by men of their own choice if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood." - James Madison

"Where an excess of power prevails, property of no sort is duly respected. No man is safe in his opinions, his person, his faculties, or his possessions." - James Madison

"There is not a truth existing which I fear, or would wish unknown to the whole world" - Thomas Jefferson to Henry Lee, 1826

"Wherever there is interest and power to do wrong, wrong will generally be done." - James Madison

...........And a bit before 1776.

"Those who do not take an interest in public affairs are doomed to be ruled by evil men" - PLATO - 300 B.C

Robbing Peter to pay Paul.

2008-06-19T16:56:00.000-07:00

Who is Peter? Peter is the guy in a socialist world (which is what an HOA is in the first place!) who dutifully pays his way and his dues to the 'society' whether he receives a benefit or not. Paul, is the guy with his hand out, wanting your hard earned money to pay for HIS property and responsibilities.

And in any election.....
..... Paul will ALWAYS vote for those willing to rob Peter for his benefit.

CALL FOR BOARD OF DIRECTOR CANDIDATES!

2008-06-14T15:09:00.000-07:00

We got our 'special' election notice from the KRCE Board today in the mail. You must respond with a biography only to participate before July 7, 2008.

They state:

"This biography is limited to 150 words and may not advocate any particular position, nor can it contain a campaign statement".....

Right!! Why would any voter want to know such silly things???

Below is my '149 biographical ' words that I am submitting as a candidate. Below it is my campaign statement, the only thing that matters. I hope others will participate!

Sue Nix

I have lived in KRCE for 5 years, before that, So. Oregon (Graduate Medford Sr. High), Portland, Idaho.

Business Background:
Retail/Commercial Credit/Debt collection/Counseling.
Cost /Production analysis.
Accounts payable/ receivable.
Safety Training and insurance officer.
Real Estate investments.
Consumer advocacy newspaper column.
Consumer Advocate/Paralegal - Consumer Sounding Board

Credit/Business Mgr.
Collection/legal Division - 5 years. Credit Bureaus Inc. Medford, Or
Tire Company - 5 years
Commercial Const. Co. - 4 years,
Medical Clinic, misc. companies, consultant.

Past president Credit Women’s Int. , Retail Credit Assn.
Helped develop Consumer Credit Counseling in So.Oregon and No. Calif.
Charter member So. Oregon Drug Awareness.
Political and Community Activist and Writer. Event organizer.
Awards for articles, several published. Novel in prepublication.

Perfect credit rating, driving record, never been sued, don’t owe anyone one cent.
References, credit report, criminal record available upon request. You may contact me. TheTownCrier@gmail.com or http://krcehoamembers.blogspot.com/

~~~~~~~~~~~~~~~~~~~~~~~
Campaign Statement
by SUE NIX
which the BOARD of directors will NOT allow:

My intention is to bring KRCE back to fiscal responsibility and to serve ALL it’s members. I will move to dissolve the KRCE Homeowners Association as requested by over 2/3rds of members in a recent written poll.

I will only serve one term unless the dissolution proceedings require me to continue.

Those who discourage campaign or issue disclosures of candidates obviously do not wish the membership to know where they stand on issues vital to all of us.

Sue Nix, member in GOOD standing.

June 14, 2008...Flag day, home of the free, land of the ............????

"The Dark Side of Paradise" HOA's

2008-06-10T11:48:00.000-07:00

Many if not most readers will be able to relate to "The Dark Side of Paradise," a so-called "paradise" which is, in reality, is a little dictatorship called a "homeowners association."

Homeowners associations have been mandated by every state legislature in the United States, and they are often run by controlling, tyrannical association presidents and their follow-the-leader HOA board members.

The HOA lawyers in these ecologically and financially destructive HOAs are often members of their state's branch of the national organization Community Associations Institute (CAI). Some of those CAI lawyers in each state are also lobbyists who appear to be in collusion with certain power-and-money-seeking state legislators. Here in Colorado, the CAI has its offices mainly in the Denver area near the Capital, but its member lawyers-lobbyists live and practice in major cities all over the state of Colorado.

So, BEWARE, if some real estate agent tells you that the house in the homeowners association that you're thinking about buying will be your little bit of heaven right here on earth. More than likely, it will turn out to be your hell on earth for as long as you live there.

http://coloradosprings.yourhub.com/WoodlandPark/Stories/News/Government/Story~467920.aspx

Free Classified Ads! Times are tough, sell your stuff!

2008-06-10T11:21:00.000-07:00

By popular request, anyone living in the KRCE area may list items/services at no charge!

Just email the items you want to sell, trade, etc. to: TheTownCrier@gmail.com or list them yourself in the comment section below. We will assign them a number and put in your listing.

Include:
Contact first name
Phone # or email address
Item description, price
When inquiring refer to listing #
Upload a photo to your listing if you wish!

_________________________

MORE HOA Tyranny

2008-05-27T08:07:00.000-07:00

Vet Faces Lawsuit For Flying American Flag
Channel 6 ^ | 5/27/08

CLERMONT, Fla. -- A Central Florida war veteran faces a lawsuit for flying the American flag in his front yard.

"I don't understand why it would bring down the values of our homes by flying the American flag from a pole in my front yard," homeowner Jimmie Watkins said.

Watkins and his wife, Ria, received a final notices from the Sussex homeowners' association in Clermont that they must remove the flag or else face legal action.

The former retired U.S. Navy communications officer said he refuses to back down for the American flag.

"Our people are serving today to give us freedom," Watkins said. "To do as we like here within the law of America. It is my right to fly my flag from my pole and until a court of law tells me to haul that down. I will not haul it down. I think about all of the people who have served our nation and all of the lives that it's costs and all of the friends that I've lost."

Local 6 reported that all surrounding subdivisions in Kings Ridge allow a flag pole display in a person's front yard.

Jim Hart, who handles property management for 1,500 properties, including Sussex, said it is the association's call and not his.

"Each sub-association has its own set of documents and they can differ," Hart said. "The rationale for that only exists within the minds of the folks that are doing it. I can't sit here and tell you why."

The homeowner's association is not commenting about their rules. But state law said anyone can display a flag in a "respectful manner" as long as it is removable, Local 6 reported.

Watch Local 6 News for more on this story.

http://www.local6.com/news/16399678/detail.html

- Show quoted text -

MEMORIAL DAY

2008-05-23T17:15:00.000-07:00

These brave young people fight for your rights. Stand with them and fight for your own so they can have the home they deserve when the lucky ones return to us.

"Where an excess of power prevails, property of no sort is duly respected. No man is safe in his opinions, his person, his faculties, or his possessions."
James Madison

KRCE Board Position on Dissolution

2008-05-23T10:24:00.000-07:00

Quoted From the Feb. 2008 issue of KLAMAGRAM

"Several owners continue to apply pressure on your BOD to take action to dissolve our Owners' Association. An informal opinion poll was agreed upon to ask all owners if they were in favor of dissolving....As of this writing, results are:

YES = 608 LOTS No=416 lots Not returned=547 lots Undesignated=45 lots
[ NOTE 68% voting YES!]

"To clarify, it is NOT your current BOD mission to disband our association.....Since there was action taken by the owners at the 2007 Annual Meeting to look into the possibility of dissolving the Association, the BOD has honored that expressed interest to the degree that it should and to the degree that it feels is reasonable......without the required unanimous support by the owners of all the lots, any further board action is inappropriate, and unjustified."

They go on to cite Calif Corp code #8724 as the law they rely on. As shown here, #8724 applies to 100% agreement on business AFTER dissolution has been filed. They claim 2 Legal opinions to support them. They don't tell us who the legal experts are. We hope they've gotten better advice on the $250,000 judgment/appeal we are embroiled with.

Reasonable??? [ NOTE 68% voting YES!] One can only conclude we are being governed by a minority against the wishes of the majority.

I am reminded of long ago words by Ralph Waldo Emerson when I see the mess that is the KRCE HOA. This country was formed on the idea of personal property and the freedom and RESPONSIBILITY that comes with it. Nearly 2 centuries ago, AMERICANS were removed from their homes to distant lands by force. We should have learned from that malicious exercise to protect our rights. Some property owners need to read Emerson on 'Self Reliance' as well.

" Then is this disaster of Cherokees brought to me by a sad friend to blacken my days & nights.
I can do nothing. Why shriek? Why strike ineffectual blows? .........
It is like dead cats around one's neck.......
It is like School Committees & Sunday School classes and
Teachers' meetings & the Warren Street Chapel & all the other holy hurrahs........
I stir in it for the sad reason that no other mortal will move
& If I do not, why it is left undone.”

More here: Property Rights Hell - Homeowner Associations

We would like to show our appreciation for the time and energy the KRCE HOA Board members put forth. They take a lot of complaints they don't deserve. I can't imagine what reward is big enough to go through such treatment. It truly is a thankless job. Why would any one want it for more than one term???

"The truth is that all men having power ought to be mistrusted."
James Madison

FRIDAY BARBQ & FUNDRAISER - BE THERE!

2008-05-22T11:52:00.001-07:00

The Fire-Up committee continues to work diligently to facilitate providing a fire station with KRCE.

3rd annual Tri-tip BBQ dinner will be Friday, May 23rd, 4:30 p.m. at the KRCE lodge.

Pre-sale tickets are $8.00 adults, $4.00 child, at the door $10.00 adults.

Events: Afghan raffle, silen basket auction, raffle, dessert auction and door prizes.

For tickets call Diane 475-0829 or Linda 4775-3141. All proceeds go toward the goal of constructing YOUR new fire station located on Fir St. off Ager Road.

From the April, 2008 Klamagram

ATTENTION! Some of you have never returned your vote for this facility which Siskiyou county has agreed to build IF we get our votes in!!

Dissolution of the KRCE Owners Association

2008-05-21T14:25:00.000-07:00

Hello good neighbors,

I would like to share with you what I gave the KRCE Board at the meeting tonight. Only a handful of people attended. As you know, recently the board sent a survey to each owner asking if they want to dissolve the association. Well over half who responded want the HOA dissolved.

The following is in response to 'law' cited by the board and Pres. James Saunders in a letter to me in February last and that they keep repeating to members who question them.

He states: "In any case, an movement to disband KRCEOA, Inc. will have to contend with Part 3 - Chapter 17 #8724 which states: Without the approval of 100 percent of the members"......(see provision below)

One has to wonder if the board is unable to read the law why they don't ask our high priced attorney. And IF they did get this opinion from the attorney, we have more problems than we know.

That provision applies ONLY after dissolution in winding up of the association. The majority of owners surveyed by KRCE state they want dissolution. It only takes a 50% majority to dissolve. They have dragged this out nearly a year with their only response being they have no intention of doing what the majority wishes. One attendee called their practices 'un-American.' Un-American indeed. Don't we get enough duplicity from the state, county and federal bureaucrats without this?? And what a shame because suing KRCE will cost all of us. The board doesn't seem to mind wasting more of your money on legal fees.

5/20/08 Presented at KRCE Board Meeting

Mr. Saunders and the board insists there must be 100% membership vote to dissolve.
They are citing a provision in the law which ONLY applies AFTER petitioning to dissolve in the 'winding up' phase. In fact 50% (see correct provision below) of membership is required for voluntary dissolusion. In fact, the board itself can move to dissolve.

If the board insists 100% must be required why did they waste the time and money on committees, mailings and a survey that showed over 50% wanted to dissolve?? Just to tell us they had no intention of following the membership wishes?

http://law.justia.com/california/codes/corp/1900-1907.html

CORPORATIONS CODE SECTION 1900-1907
1900. (a) Any corporation may elect voluntarily to wind up and dissolve by the vote of shareholders holding shares representing 50 percent or more of the voting power.
(b) Any corporation which comes within one of the following descriptions may elect by approval by the board to wind up and dissolve:
(1) A corporation as to which an order for relief has been entered under Chapter 7 of the federal bankruptcy law.
(2) A corporation which has disposed of all of its assets and has not conducted any business for a period of five years immediately preceding the adoption of the resolution electing to dissolve the corporation.
1900.5. (a) Notwithstanding any other provision of this division,when a corporation has not issued shares, a majority of thedirectors, or, if no directors have been named in the articles or been elected, the incorporator or a majority of the incorporators may sign and verify a certificate of dissolution stating the following:
1901. (a) Whenever a corporation has elected to wind up and dissolve a certificate evidencing such election shall forthwith befiled.
(b) The certificate shall be an officers' certificate or shall be signed and verified by at least a majority of the directors then in office or by one or more shareholders authorized to do so by shareholders holding shares representing 50 percent or more of the voting power and shall set forth:
(1) That the corporation has elected to wind up and dissolve.
(2) If the election was made by the vote of shareholders, the number of shares voting for the election and that the election was made by shareholders representing at least 50 percent of the voting power.
(3) If the certificate is executed by a shareholder or shareholders, that the subscribing shareholder or shareholders were authorized to execute the certificate by shareholders holding shares representing at least 50 percent of the vote

KRCE BOARD cites this:
This section is regarding ONLY corps which are already in dissolvement phase and how to handle assets during that period.
CORPORATIONS CODE SECTION 8710-8724
8710. The powers and duties of the directors (or other persons appointed by the court pursuant to Section 8515) and officers after commencement of a dissolution proceeding include, but are not limited to, the following acts in the name and on behalf of the corporation:
(a) To elect officers and to employ agents and attorneys to iquidate or wind up its affairs.
(b) To continue the conduct of the affairs of the corporation insofar as necessary for the disposal or winding up thereof.
(c) To carry out contracts and collect, pay, compromise and settle debts and claims for or against the corporation.
(d) To defend suits brought against the corporation.
(e) To sue, in the name of the corporation, for all sums due or owing to the corporation or to recover any of its property.
(f) To collect any amounts remaining unpaid on memberships or to recover unlawful distributions.
(g) To sell at public or private sale, exchange, convey or otherwise dispose of all or any part of the assets of the corporation for an amount deemed reasonable by the board without compliance with
the provisions of Section 7911 and to execute bills of sale and deeds of conveyance in the name of the corporation.
(h) In general, to make contracts and to do any and all things in the name of the corporation which may be proper or convenient for the purposes of winding up, settling and liquidating the affairs of the corporation.

This is the INCORRECT provision KRCE board keeps citing which is IRRELEVANT to move to dissolve and is part of Section #8610-
8724. Without the approval of 100 percent of the members, any contrary provision in this part or the articles or bylaws notwithstanding, so long as there is any lot, parcel, area, apartment or unit for which an owners association (as defined in Section 11003.1 of the Business and Professions Code and created in connection with any of the forms of development referred to in
Section 11004.5 of the Business and Professions Code) is obligated to provide management, maintenance, preservation or control:
(a) The owners association or any person acting on its behalf shall not: (AFTER DISSOLUTION!!)
(1) Transfer all or substantially all of its assets; or
(2) File a certificate of dissolution; and
(b) No court shall enter an order declaring the owners association duly wound up and dissolved.
(d) As used in this section, "process of winding up" includes proceedings under Chapters 15 (commencing with Section 8510) and 16 (commencing with Section 8610) and also any other distribution of assets to persons made in contemplation of termination or abandonment of the corporate business.
8722. (a) A corporation which is dissolved nevertheless continues to exist for the purpose of winding up its affairs, prosecuting and defending actions by or against it and enabling it to collect and discharge obligations, dispose of and convey its property and collectand divide its assets, but not for the purpose of continuing its activities except so far as necessary for the winding up thereof.

THE Correct LAW for dissolution:
CORPORATIONS CODE SECTION 8610-8618
8610. (a) Any corporation may elect voluntarily to wind up and dissolve (1) by approval of a majority of all members (Section 5033),
or (2) by approval of the board and approval of the members (Section 5034).
8611. (a) Whenever a corporation has elected to wind up and dissolve a certificate evidencing that election shall forthwith be filed. A copy of that certificate shall be filed with the Attorney
General if the corporation holds assets in charitable trust or has a charitable dissolution clause.
(b) The certificate shall be an officers' certificate or shall be signed and verified by at least a majority of the directors then in office or by one or more members authorized to do so by approval of a
majority of all members (Section 5033) and shall set forth:
(1) That the corporation has elected to wind up and dissolve.
(2) If the election was made by the vote of members alone, thenumber of votes for the election and that the election was made by a majority of all members (Section 5033).

All the above concerns 'voluntary' dissolution. KRCE could be dissolved 'involuntarily' if the board continues to refuse to follow the law and we are forced to let the courts settle the issue.

CORPORATIONS CODE SECTION 8510-8519
8510. (a) A complaint for involuntary dissolution of a corporation on any one or more of the grounds specified in subdivision (b) may be filed in the superior court of the proper county by any of the following persons:
(1) One-half or more of the directors in office.
(2) A person or persons holding or authorized in writing bypersons holding not less than 331/3 percent of the voting power exclusive of memberships held by persons who have personally participated in any of the transactions enumerated in paragraph (5) of subdivision (b).
(b) The grounds for involuntary dissolution are that:
(1) The corporation has abandoned its activity for more than one year.
(2) The corporation has an even number of directors who are equally divided and cannot agree as to the management of its affairs, so that its activities can no longer be conducted to advantage or so that there is danger that its property will be impaired or lost or its activities impaired and the members are so divided into factions hat they cannot elect a board consisting of an uneven number.
(3) There is internal dissension and two or more factions of members in the corporation are so deadlocked that its activities can no longer be conducted with advantage.
(4) When during any four-year period or when all voting power has been exercised at two consecutive meetings or in two written ballots for the election of directors, whichever period is shorter, the members have failed to elect successors to directors whose terms have expired or would have expired upon election of their successors.
(5) Those in control of the corporation have been guilty of or have knowingly countenanced persistent and pervasive fraud, mismanagement or abuse of authority or persistent unfairness toward any member or the corporation's property is being misapplied or wasted by its directors or officers.

Submitted by Sue Nix for the DOA committee ( provisions cited are those which are relevant, not always complete statutes)

If you sell, you MUST DISCLOSE HOA information & conflicts

2008-05-21T13:48:00.000-07:00

Information Provided to Owners Under the Law
by Executive Council of Homeowners (ECHO) http://echo-ca.org/

In an attempt to ensure more informed CID buyers, the Davis-Stirling Act requires that
sellers provide potential buyers with information concerning the association and its financial situation. Specifically, the law requires that a seller provide a prospective
purchaser with the following:
106
1. A copy of all governing documents of the CID, including the declaration, articles of
incorporation, bylaws, rules, regulations, and policies. (§1368(a)(1)).
2. If there is a restriction limiting the occupancy, residency, or use of a separate interest
on the basis of age in a manner different from those governing senior housing (Civil
Code §51.3), there must be a statement that the restriction is only enforceable to the
extent permitted by §51.3 and a statement specifying the applicable provisions of
§51.3 that are applicable. (§1368(a)(2)).
3. A copy of the association’s most recently distributed financial documents
(§1368(a)(3)), including:
• the operating budget, (§1365(a))
• a review of the HOA financial statement for any fiscal year in which gross
income to the association is greater than $75,000, (§1365(b))

California Research Bureau, California State Library

• a statement describing the association’s policies and practices for enforcing
legal remedies when members default on assessments, (§1365(d)) and
• a summary of the association’s insurance policies including property, general
liability, earthquake, and flood policies. (§1365(e))
4. A statement in writing from an authorized representative of the association that
includes (§1368(a)(4)):
• the associations’ current regular and special assessments and fees,
• any unpaid assessments levied against the owner’s interests, and
• information on late charges, interest, and cost of collections which are or may
be made against the owner’s interest in the CID.
5. Any changes in the association’s current regular or special assessments that have been approved but not yet become due or payable. (§1368(a)(5)).
The Davis-Stirling Act provides that anyone found to have willfully violated the disclosure requirements is liable to the buyer for actual damages, a civil penalty not to exceed $500, and reasonable attorney fees.

Other Information that Potential Buyers Might Need
Over the past year, the Senate Housing and Land Use Committee has received
correspondence suggesting other information that a potential buyer might need. This
information would help prospective buyers assess their potential financial exposure as a
member of the HOA. Specific information suggested includes:
• the percentage of owner-occupied separate interests,
• the percentage of assessment delinquencies, and
• the percentage of the estimated future costs in the reserve study that are funded.
In addition, a number of commentators have noted that a prospective buyer lacks
information on litigation involving the CID. This lack of knowledge can have important financial consequences. As a potential member of the HOA, the buyer could face special assessments to pay the legal cost of any ongoing or future litigation.

http://209.85.173.104/search?q=cache:9SrZvvFbbcEJ:www.library.ca.gov/crb/98/06/98006.pdf+involuntary+dissolution+of+homeowner+association+california&hl=en&ct=clnk&cd=37&gl=us&client=firefox-a

California Election law - HOA's by the Condo Guru

2008-05-21T13:32:00.000-07:00

NOTE: The board has voted to NOT allow candidates to state their positions on any business related to KRCE. They will only publish a biography of the candidate. This is outside the perimeters of California law.

This is the wording of the board in the April, 2008 Klamagram:
"Biographical statements may not advocate any particular position on any issue, nor can they contain campaign statements. The Association shall not edit or redact any Biographical statement content but will REJECT those statements that contain prohibited items"

The ONLY way to interpret this is that the Board does not want you to know what you're voting for. Ask them their positions on issues important to all of us. One man stated that he didn't need to know about issues, he just wants to know the candidates education, business background.....YES, well that is why we have terrible politicians in our government! If you don't care about issues, what do you care about?

1363.03. ELECTIONS; RULES AND PROCEDURES. (Operative July 1, 2006)

(a) An association shall adopt rules, in accordance with the procedures prescribed by Article 4 (commencing with Section 1357.100) of Chapter 2, that do all of the following:

(1) Ensure that any candidate or member advocating a point of view is provided access to association media, newsletters, or Internet Web sites during a campaign, for purposes that are reasonably related to that election. Equal access shall be provided to all candidates and members advocating a point of view, including those not endorsed by the board, for purposes that are reasonably related to the election. The association shall not edit or redact any content from these communications, but may include a statement specifying that the candidate or member, and not the association, is responsible for that content.

Comment: This and (2) can be a problem if candidates want to make personal attacks and/ or circulate materials criticizing the Board. There is not a lot a Board can do but if materials could incite, it would be wise to seek legal advice.

(2) Ensure access to the common area meeting space, if any exists, during a campaign, at no cost, to all candidates, including those who are not incumbents, and to all members advocating a point of view, including those not endorsed by the board, for purposes reasonably related to the election.

[snip]

1363.09. REMEDIES. (Operative July 1, 2006.)

(a) A member of an association may bring a civil action for declaratory or equitable relief for a violation of this article by an association of which he or she is a member, including, but not limited to, injunctive relief, restitution, or a combination thereof, within one year of the date the cause of action accrues. Upon a finding that the election procedures of this article, or the adoption of and adherence to rules provided by Article 4 (commencing with Section 1357.100) of Chapter 2, were not followed, a court may void any results of the election.

(b) A member who prevails in a civil action to enforce his or her rights pursuant to this article shall be entitled to reasonable attorney's fees and court costs, and the court may impose a civil penalty of up to five hundred dollars ($500) for each violation, except that each identical violation shall be subject to only one penalty if the violation affects each member of the association equally. A prevailing association shall not recover any costs, unless the court finds the action to be frivolous, unreasonable, or without foundation.

(c) A cause of action under Section 1363.03 with respect to access to association resources by a candidate or member advocating a point of view, the receipt of a ballot by a member, or the counting, tabulation, or reporting of, or access to, ballots for inspection and review after tabulation may be brought in small claims court if the amount of the demand does not exceed the jurisdiction of that court.

Comment: The remedies are potentially quite severe for failure of an Association to comply with these new rules related to elections. Recovery of damages is available a well as court orders to void the election. And as you can see, owners will have access to resolve some of the issues in small claims court. The latitude and attitude of the small claims hearing officers is yet to be determined, and it is not crystal clear what remedies and what errors can be addressed there. It is more likely that an owner would be seeking a recount or new election than dollar damages, which is the remedy of small claims court. But what is clear is that there are new penalties that can be imposed on the Association by the court for failure to comply. This is a turn of events. Note the effective date of July 1, 2006. Again, expect cleanup legislation because at this time, problems could arise in trying in good faith to comply with the statute while also trying to comply with the Corporations Code and the governing documents of an Association.

http://www.californiacondoguru.com/say.html

KRCE D.O.A. Committee- Points to Consider Oct. 2008

2008-05-21T13:24:00.000-07:00

KRCE Dissolution Of Association Committee
Points to Consider

These are positive, real reasons to dissolve the KRCE OWNERS ASSOCIATION. Please consider any other reasons that may relate to your particular situation or the well being of and fairness to the entire community of fellow citizens.

After debts of the KRCE association/corporation are provided for and association is dissolved, proceeds from the common assets (camp ground, pool, common areas) will be divided equally among the lot owners, likely resulting in monetary gain to all property owners.

Law requires disclosure of meetings and ongoing conditions, ie. lawsuits, special assessments, membership dues, liabilities, controversies etc. to any prospective buyer of property. Realtors and buyers may feel 'unsure' about future costs and consequences of being in the KRCE owner association. Individual owners have been sued as a consequence of the turmoil and infighting as well as suits/judgment against the Association. When the association is dissolved these questions will not be pertinent. You would be an independent private property owner like the majority of Americans, responsible only for your property.

Dissolving the association will make closing of property sales easier and cheaper without having to go through the association and pay transfer fees to the association. It could raise property values because the KRCE Owner Assn. has a stigma and lacks a good reputation.

Dissolution is warranted because, among other reasons, the KRCE owners association can no longer meet it's financial obligations, as evidenced by the recent $1500.00 special assessment proposed by the board and yearly maximum raises of membership dues.

The community has grown too large and diverse to be managed properly as a whole, also evidenced by the disagreements and problems we could not anticipate or control. "The Association' has broken into irreparable factions and cliques.

The majority of the lot owners make no use of the common area, and are too many miles from the facility to be practical/affordable. Members are now being charged rates that keep escalating to use the facilities. No benefit in most membership dues.

Approximately half the roads, the paved ones, are maintained by the county, not the KRCE owners assn. No such disclosure was made to many buyers verbally or by newsletters or correspondence by KRCE Owners Assn., realtors, previous owners. A benefit of membership has clearly been implied that does not exist to anyone on KRCE non serviced roads.

It is irresponsible for owners on gravel roads to expect their road be maintained by those who don't live on them and get no like benefit to their own property from the 'association' yet pay the same dues KRCE maintained road owners pay. This is discriminatory and socialistic, at best. Nothing stops those who live on graveled roads to form their own maintenance association, likely at a cost lower than the current membership dues.

The biggest hurdle in front of the committee trying to obtain an emergency center within the subdivision is the by laws of the association. With dissolution of the association , we stand a better chance to obtain fire and medical services in our area.

Where ever you live in the United States, you must follow County, State and Federal rules and regulations,fees, etc. Who really needs another 'governing', money confiscating bureaucracy controlling your property and finances? Preliminary contacts with involved entities, ie. Dept. of Real Estate,
Siskiyou County, etc. tell us dissolution of the association is feasible.

Please Support Dissolving the KRCE Owners Association
Submitted by KRCE D.O.A. Committee Oct. 11, 2007

Welcome Klamath River Country Estates Homeowners!

2008-05-21T12:57:00.000-07:00

We now have a blog to communicate on and keep track of pertinent laws regarding our HOA.

If anyone has something to post as an 'article', just email to me (TheTownCrier@gmail.com) and I will post for you.

You can comment on any item posted in the comment section under it or give an opinion on anything concerning KRCE. If it's vile and disgusting I WILL delete it.

Let us know your views!! Those who show up make the rules!

We hope to have a good next election of board members with all our members actually knowing who they're voting for. We want to know where our candidates stand on the issues!

This website is for information and education. Be civil! We're ALL to blame for this mess, either through ignorance, blind trust or apathy or selfish conflicts of interest.