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Betz: Landowners need to fight homeowners association PDF Print E-mail
Written by Barbara Betz   
Sunday, 22 June 2008
It has come to my attention recently that I am not alone in the battle against the Clear Lake Riviera Community Association and their mafia-style collection agency Allied Trust.


After several conversations with John Stoddard and others, I became aware that there are many laws being broken by members of the current board. Both developed and undeveloped property owners are being held hostage by these tyrannical individuals, who prey on the elderly and absentee landowners, illegally imposing fines and restrictions and forcing compliance by processing liens against them. There is no democracy here.


My property was transferred to me in 1979 and I have not developed it. Plans were submitted and approved, but with the economy being what it was (through the 1980s and 1990s), and next to zero growth in the Riviera over the last 20-plus years, I couldn’t afford to build on it.


After the debacle with Mt. Konocti Water Co., it even left a bigger sour taste in the mouths of property owners. The only people who prospered from that endeavor were the attorneys.


There was a glimmer of hope. Younger families began migrating into Kelseyville, and it seemed that there was some positive movement towards cleaning up old dumpy properties and chasing out the less-than-desirable characters that inhabited Kelseyville proper. A new grammar school was built two blocks below my property, and I saw hope. The property values jumped exponentially and it was time to build.


Then came the crash. Sept. 11, 2001. Within one year, the market began to decline and the insurgence of new blood all but dried up. Property vales began to stagnate, and sales and purchases began a steady decline.


Two years ago, my little chunk of land in the Riviera was fetching a price over $60,000. Yet now I can’t even hope to list it for more than $25,000 – and then there’s the lien, which prevents me from being able to sell anything.


Add in Allied Trust, and the tyrannical Riviera Association.


Right around the time the Riviera began to see some positive growth, the board saw fit to start charging folks late fees and assessments and aggressively pursuing homeowners for ridiculous demands such as the removal of a carport (that was part of the permanent structure) to the clearing of properties. In my opinion, this was done to do nothing more than fatten the board members' coffers, and the community as a whole saw no benefit.


Without proper notices on property “assessments” from the Riviera Association, I received a threatening collection notice from Allied Trust for more than $3,000 for past due Riviera fees and of course a 50 percent-plus collection fee attached. Like a fool, I settled the matter. I had to borrow money to bail my property out of a lien status, and it took the agency months and me constantly requesting them to produce the completed filing, to actually acquire the recorded lien release.


In short, I allowed the Riviera to bully me out of fear. They won, and I’m out thousands.


Then the real problems began.


I began receiving notices from the Riviera Associatioin that all lots had to be “cleared to a park-like setting” and they provided a list of “recommended contractors” who would clear properties for astronomical prices. I smelled a rat. This was the first. I checked it out, and called several of the “approved” vendors, and was amazingly quoted very similar price structures from each. I began to think that they had a deal with the board, and kickbacks were being given to listed vendors. Although I cannot substantiate the claims, there was talk that this had in fact occurred.


I, at one point, found an independent vendor (out of town) who said they would gladly do it for approximately $500 less than the quoted prices for approved vendors. He, too, also believed that the landowners we being bamboozled by the board.


As if this wasn’t enough, I started receiving notices from the Riviera board that noncompliance of lot clearing would result in a fine of $125. I contacted the Riviera Association and began asking questions. They were many times downright rude and abrasive, and refused to answer questions. I tired to negotiate with them. I took several days off of work to personally meet the members of the board and review activity within the Riviera, and somehow, the office was always closed, or they were unavailable.


The minute I began to question the ethics of the board, their attitude changed and they became more aggressive and threatening. They told me my property was now designated a “fire hazard,” and shortly thereafter that I began receiving notices in the mail, that I was being fined $125 for the “fire hazard,” and if I cleared the lot, and until I cleared the lot, I would continue to be fined. They said I could attend a hearing, which meant taking more time off work, to deal with these felonious charges. I chose to address the board in a letter. Their response was to send me a letter that stated the fines would not be lifted, and increased to $250. Clearly, this was purely retaliatory in nature, and meant as an in-your-face tactic to bully me.


At this point, I began to demand accountability. One, to produce a signed copy of the CCRs and bylaws, and two, to prove to me that all members of the Riviera had similar fines. They refused on both parts, and continued to send me fines. Every attempt I made to resolve the issue was met with resistance and more fines. They have now employed the use of Allied Trust to further harass me.


I contacted the California Department of Forestry, which I believe is the governing body for the Kelseyville area, to ascertain if, in fact, my property had been deemed a “fire hazard.” The chief I spoke with said that there had not been a fire, and no properties within the Clear Lake Riviera had been tagged for fire hazard. I questioned further if the Riviera Association had the authority to designate a property “fire hazard.” “No,” they do not. Further, there haven’t been any significant fires in the Riviera, period.


As my property, and a majority of the hillside has been undeveloped for over 25 years, it seems to me that we would be destroying the natural habitat, and it seemed senseless to change the trail of the deers, quails, etc., for no reason. There is, I believe, a green belt directly behind the end of Bel Air East/West, in which everything remains in it’s natural state. As an environmentally aware person, it seemed senseless to destroy the natural surroundings, and if and when I was to build, great care would be taken to make sure that the natural wildlife would not come to any harm, and be disturbed as little as possible.


In short, I started doing research on the Web, and discovered there may be many more people, many of which are retired seniors, who are in a similar boat as I.


John Stoddard, and his colleagues belong to We the People, which I understand is an organization established to represent the owners of the Riviera properties. I gladly lend my voice to them, as we cannot fight the tyrannical association and its cronies without help.


I would encourage all residents and owners of the Clear Lake Riviera to band together and stand up to the egregious claims and fines levied by the current board.


Talk to any real estate agent in the surrounding area. Property values in the Riviera have plummeted, and lots are just not selling.


The current board has done nothing for the Riviera community to improve this situation. All they have done is generate false charges, harass senior citizens and landowners, and cast a disparaging light on the future of the community as a whole. I once thought this would be a great place to retire. I’ve changed my mind.


I suggest we contact the plaintiff’s attorney in the Mt. Konocti Water Co. debacle, and see if they would represent the Riviera landowners in a class action lawsuit. I know personally that I can’t afford to hire an attorney, and I doubt many senior citizens are in any better shape. We need help. The Riviera community needs the help of someone greater.


Barbara Betz lives in San Jose.


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Lawless association...
written by Kruk Ed Strait, June 23, 2008
Barbara only writes about some of the crimes being committed in the board room of the Rivierra Association..where is Jon Hopkins????
First report the crime
written by cantdrive55, June 23, 2008
Jon boy is in Contra Costa County prosecuting a murder trial. Before the DA will do anything someone needs to report a crime to law enforcement. The DA is really weak in white collar crime and the Sheriff is even weaker, but you need to get it on the record with the Sheriff, not blather about it in the press, to get the ball rolling. Not a violation of Civil law or breach of contract, it must be a criminal, against a person. Find the right law and a victim and report it.
cantdrive55
written by James, June 23, 2008
Because the system in Lake County is so tainted with ideas from sewer water and to get through that rights donot bow to its their way or no way. To blather in the press is a way to inform in the hope one can garner support for the injustice they feel has been done. Justice is of the past what we have today is the law. Justice is not only blind but dead,thats why most have such a hard time getting their attention. They'll lie,cheat,coverup what ever it takes to protect themselfs. I know from first hand experience how far they'll go.
On Spot cantdrive55
written by Donna Christopher, June 23, 2008
seems to smack of a civil action, not criminal. You couldn't give me property that was ruled by CC&Rs!! Flies in the face of a persons home is their castle. So this property was "transfered" in 1979. Kinda vague, was it inherited or purchased? Either way, we all have heard of "buyer beware". And really krukedstraight, we know you're Darryl and have written profusely over this subject - why hide?? Have to go now, need to cry crocodile tears for folks with more property than they can take care of.
Civil-Criminal????
written by Kruk Ed Strait, June 24, 2008
Donna does make a good point that she, and many others, won't live in a HOA. Property values would go up if it closes down. However, Donna says breaking civil laws isn't criminal. Apparently corporation presidents don't go to jail when they break "civil" corporation laws and the shareholders are defrauded. Donna continues to blame the victims and protects the criminals. There're law breakers down there, Donna!!! Where the +*&^% is Hopkins??
Darrell
written by jmadison, June 25, 2008
Darrell,
Did you write this letter? It sure sounds like you, though, it doesn't talk about God enough.
History has shown
written by James, June 25, 2008
Would be nice to get away from the Perdock type of justice here in Lake County. The Bill of rights tells this government the power it does not have not the power it has. To over look the crys of the put upon smacks of tyranny and a day may come they may do the treading.Wrongs are wrong by any name.
Hire a lawyer
written by cantdrive55, June 30, 2008
It's civil, breach of contract, if the lawyer finds anything criminal they'll be allover it because then you can get more in damages and they get more in fees! You're really suing yourselves because you are the HOA, responsible for the actions of the board, and you bought in to the CC&R's for your benefit. What you win in the legal action you'll be paying yourself through dues, so go for it, OR maybe just fix the problem.
And James, you want some cheese with that whine! Nice sign. Hope it cost you a lot of money. Order more, it makes the sign-maker happy.
cantdrive55
written by James, June 30, 2008
I could not be telling the truth? That Farrington has been maleficent could not be true? That this government has used power to hide my charges could not be true? It has been my intent to inform and use as dialogue not for argument on this web sight.My signs cost is a pleaser and I look at it as a badge of honor.It is the likes of you that accuse the messenger rather than those that cause the messenger to be vocal.I say to you again I could not be telling the truth?
James We Agree
written by cantdrive55, July 01, 2008
You could not be! :shock: If there were any factual basis to your whine it would be appropriate to reveal it rather than try resolving the issue with innuendo. :idea: You say you've told everyone and have nothing to hide, but as far as I can tell you never went public with your assertions in the years I've been reading your story.
You :cry: tell your story, then let the chips fall where they may.
Don't hide behind Elizabeth or the BOS! Broadcast your allegations so there is no misunderstanding, or is there a problem with that? :wink:
cantdrive55
written by James, July 01, 2008
There is no hiding, the signs on my home and vehicle are in view for all to see. I have named the persons I accuse,said what they did and that my rights under the first amendment is not superseded for its a personnel matter thus this government looked the other way because they couln't talk about it so doing nothing. Those that would lie and cover up the lies go on with out accountability.You call names as others and presume that my protesting is whining when in fact its a cry for justice. I have stood outside the Courthouse for five years whining, been thrown out of the county parking lot,out of the DAs office wrote letters to all the papers. To this date am looking for the legal controling authority after all they took the oath to uphold the constitution. Why do they take the oath if their not going to live up to it? If you are having a hard time understanding so am I.
Sorry James
written by cantdrive55, July 01, 2008
You are right, I don't understand! I missed the courthouse protest 5 years ago, have never seen anyone infringe on your right to free speech, and you accuse everyone from Mother Theresa to Bill Belichick of lying and deceiving you. Where is your accountability, the DA won't take it, the news media must feel it's unfit to print, and no attorney is chasing you to take the case. The Attorney General won't care because there is nothing in it for him. All I want to know, once and for all, for all the poor blog readers who are subject to your rantings, is "What is your Grievance?"
No more whine please, just the facts.
cantdrive55
written by James, July 01, 2008
So I say persons lied and covered up the lies in this government and you won't proof. I can only give my word at this time.I never draged others not in involved as you state.To sue or not is my choice but I have always thought those that took a oath should stand by what they swore or leave their job. Could I ask you a question.Why are you so hostile? You can or can not read my words.There is some were in this government that are to hear grievances and as that right has been abridged I'll wage my war the way I choose.

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