All too often among people who frequent this blog, we’ve seen injustice by virtue of actually having been dragged into a court of law to argue one side or another of an HOA case. I get lots of email from homeowners who feel they’ve been looted, not only by an abusive HOA but by judicial rulings as well. And I’ve spoken with attorneys who feel their homeowner clients did not seem to get fair and balanced rulings from the bench. Indeed, only a tiny fraction of HOA court cases ever come down on the side of the homeowner. Logic would tell you that such rulings would favor approximately half of those who stand before the bar. Instead, rumor has it that homeowners have about a one percent chance in court against an HOA.
The massive impact of the CAI (Community Associations Institute) cannot be underestimated. True, the CAI lobbies legislatures on behalf of Homeowners Associations. This is kind of a half truth, since CAI really lobbies on behalf of the vendors of Homeowners Associations, e.g., the lawyers, the property managers, the suppliers of HOA services. And they blatantly lie when they testify, as they often do, that they represent homeowners. But judges, many of whom, are well-connected and live in Homeowners Associations, cannot possibly be ambivalent about their support of the HOA system. Judges are human beings, and human beings are all ‘little walking bundles of bias.’ And many of those same judges are closely linked to law firms where fellow attorneys make a great deal of money from suing homeowners who live in associations.
So, when our friend in Pennsylvania sent us the following link about the spreading scandal among judges in her state, the immensity of the scandal set us back on our heels. Cash for kids, child porn sent from one judge to another, it just takes your breath away. We, as homeowners, want only to have a chance of fairness when we enter a court of law. If we’re forced to stand before the bench, while feeling contempt for the lack of human decency sitting there in judicial robes, well, it just demolishes our faith in the system.
(link to news story of scandals in robes)
I have a lot to say on this issue, but for starters, I would like to pass along what was passed along to me concerning homeowner, legal and judicial abuses in the state of Florida. I trust, and it is my experience these abuses, the legal abuse, denial of rights and protections under the law to steal homes and property is no different in the HOA issues in Pennsylvania. With the authors permission please see this explanation:
“Check out this law review article exposing the fact that the Florida Bar regulators looked the other way when bank attorneys committed fraud and other ethics violations at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2241117
Meanwhile, Bar regulators went after foreclosure defense attorneys who did more than take their clients money and take a dive. See http://www.nakedcapitalism.com/2011/05/lawyers-threatened-with-sanctions-for-talking-about-foreclosure-abuses.html
For more, see http://www.bizjournals.com/southflorida/print-edition/2012/04/06/florida-bar-grapples-with-storm-of.html?page=all
Of course, mandatory attorney licensing schemes were put in place to control attorneys and keep them from vigorously defending average citizens in court. In fact, U.S. Supreme Court Justices Douglas and Black predicted that mandatory Bar associations would be used to control lawyers, prohibit challenges to the establishment, and cover up misconduct by powerful interests. It sure looks like their predictions were accurate. See their dissents in Lathrop v. Donohue, 367 U.S. 820 (1961) at http://supreme.justia.com/us/367/820/case.html beginning at 866. Justice Douglas even said that Bar associations had the potential to become goose-stepping brigades. Id. at 884.
Now, due to fear that their license will be pulled if they rock the boat, most attorneys take their clients money, keep them in the dark, and help pressure them to plead guilty or otherwise take a dive.”
Mark A. Adams JD/MBA
Re: 11.06.14 – Chief Justice to Attorney General: Release All Judges’ Emails
Read more at http://www.phillymag.com/news/2014/11/06/chief-justice-attorney-general-release-judges-emails/#PuTJAwP5clhh4eCR.99
“We believe that the integrity of both institutions requires a full disclosure of all emails that have been identified, and for any other emails sent or received by justices from attorneys who were representing prosecutor offices or other litigants before the court,” the letter read.
The open letter was signed by State Sen. Daylin Leach, ACLU of Pennsylvania head Reggie Shuford, Pennsylvania Association of Criminal Defense Lawyers president Jim Swetz and Lawrence Fox, the supervising attorney of the ethics bureau at Yale Law School.”
Mr. Jim Swetz, President of the Pennsylvania Association of Criminal Defense Lawyers is quoted in this artilce in support of releasing the emails. “The integrity of both of the institutions requires a full disclosure..” is stated in a letter he apparently signed by Mr. Swetz. Well, Mr. Swetz, how about some “full disclosure” of the horrific acts committed against innocent people, possibly frauds upon the courts, but I believe it is outright criminality by some in your own law firm in the HOA homeowner abuses, knowingly fraudulent and (slapp) lawsuits, fraudulent foreclosures and property thefts. Wake up Mr. Swetz and do the right thing, no matter who the perpetrators are, or who they know!
I will try and keep this as clean as possible, but I find it hard to keep it clean with a subject matter such as this, Yes, this is right, HOA cases are hosed in fairness with the judging and handling of these cases as the articles spells out, both by the lawyers and judges. Bottom line they are the homeowners pimps and the innocent homeowners are their hookers and instead of sex they just treat homeowners as their wallets. What infuriates me as living in this god forsaken hole they call PA, they favor the criminals which rise up to this level of the legal system. How do you think they can pay these perverts to sit behind a computer watching porn to get self gratification. By screwing some innocent taxpayer who is funding their perversion, through these HOA cases. How do you think we could reward our perverted public officials with their big fat pensions so they can sit at home with their perversion. Devise a gravy train of taking poor innocent homeowners and dragging them through expensive lawsuits that’s how The realtor on our board who does not live in our community was asked why he was here on the board of our HOA when he does not live there and when he could not answer that simple question the the president answered for him to say” You got to make a living somehow” Maybe that is true of these lawyers and judges. Notice the president of my HOA did not say “honest living”
I Lived in PA most of my life. It saddens me to read about the corruption in the courts. Most of the people I knew (and still know) from PA are the kindest, most decent folks you could ever meet.
How can Americans have faith in their government if the courts are staffed by judges of questionable character?
One thing I have learned from being involved in HOA issues is there are six states I would never set foot in to live. California, Arizona, Texas, Florida, Pennsylvania and North Carolina. Something seems to be severely screwed up in those states and legislators seem to be the first direction in which to point fingers.
There’s no place like home, Dorothy! All I need is an HOA-free home here in the heartland and life will be good.
You are right Nila, I think the same. I can’t wait until we bust out of this hell hole of a state. The problem with this is that they make this so impossible to unload. You do not want to do to someone else what was done to you but how can you not? I just do not get why people still live here nice or not. Not that I have even crossed nice people here. They are manipulative and out to get whatever they can. Not too bright if they close their eyes to this stuff and let it happen. Not too nice if they sit back and do nothing, speak up, ZERO!!!