Jerry J. Carnahan/Richard J. Holer/Robin
Herrera
Published Monday August 16,
1999
Court to decide
Farmers Insurance Group respects the rights of the residents of Le Parc
Condominiums to march and express their opinions regarding the current
dispute between Farmers and the Le Parc homeowners association. The
unfortunate situation that brings us together with the Le Parc residents
is a legal one, not a personal one.
Throughout the process, which has led to the current dispute, Farmers
has taken the opportunity, before making any decision, to consult with
counsel to become thoroughly familiar with the facts and the laws relevant
to the matter. All of Farmers' actions have been undertaken with
consideration of the Le Parc homeowners association and its residents.
Following the arbitration in favor of ZM, a dispute arose between Le
Parc and Farmers as to Farmers' obligation, if any, to pay a portion of
the award. In order to resolve the dispute, Farmers, after consulting with
counsel, filed a declaratory relief action in the Superior Court asking
the court to declare what financial responsibility, if any, Farmers has to
Le Parc. The court has not yet ruled on Farmers' request.
Farmers acknowledges its obligations to pay all claims it is
responsible to pay. Farmers must be fair to all policyholders. We pay
covered claims and deny those that are not covered, which helps keep
premiums down for all consumers. When there is a question as to Farmers'
responsibility, it must sometimes be resolved by the court. We await the
decision of the court.
-- Jerry J. Carnahan,
Vice president and state executive director,
Farmers California
Associations at risk
An appeal to all condo owners, condo associations, Realtors, caring
friends and neighbors. We at LeParc condominium complex in Simi Valley,
264 units, have been assessed approximately $26,000 each to satisfy a $6.7
million judgment awarded by an arbitrator and upheld by the Ventura County
justice system.
The majority of us had no knowledge, nor were we involved in any
wrongdoing that led to this outrageous award. The interest alone is
growing at $1,900 a day, more than $200 a month per homeowner.
Our association funds for maintenance and utilities have been taken by
the creditor, leaving us faced with utility and trash collection cutoffs.
We are now doing our own ground maintenance and pool service.
How can this happen? It must not happen, as it will affect every condo
owner and association in America. Our association was incorporated, yet
this did not protect us, nor will it protect you if we do not win this
appeal. Our condos are worth nothing, as we cannot sell them or get
financing. This will also affect all Realtors involved in condo sales.
We owners are now faced with in excess of $200,000 in legal fees and
rising. We need any and all help possible. We formed an organization
called C.A.R.E. (Community Association Relief Effort). If you would like
to help, make check payable to C.A.R.E., P.O. Box 940826, Simi Valley, CA
93094.
To learn more about our situation, visit our Web site at
ww.w.member.tripod.com/Leparc.
We appreciate all your help and support in our efforts to win this
appeal. Tell your friends and neighbors, call your congressperson,
senator, state representatives and the governor. Ask them to take
appropriate steps to protect all homeowners associations and their
members.
-- Richard J. Hoier,
Simi Valley
Terrible predicament
I was just wondering if you know how many people have already just
walked away?
My husband and I owned a condo at Le Park. When this all started
happening, we saw absolutely no way out. We could not sell it, we could
not afford the upcoming costs and so, against the advice of the old
homeowners association lawyer, we decided to quit making mortgage payments
on it and let it go back to the bank. We stopped making payments on it in
October 1998 and, as of July 13, 1999, it went back to the bank.
This decision was our only option. We never lived there and rented out
our condo. The tenant is still living there and has been for free since
June. There has been no word from the mortgage company telling her to
vacate the property, but after we called, we were told it went back to the
bank. No notice, no foreclosure notice on the door -- nothing.
I'm not sure this is normal procedure, since we have never been
involved with a foreclosure.
My heart goes out to all involved with this mess. My advice to anyone
is never, never buy anything with a "homeowners" attached to it. We felt
this way even before this entire mess. It's like paying rent on something
you own, without being able to make any of the decisions.
As you can see, a decision they made is hurting a lot of people,
themselves included. The old homeowners association has been a problem
from the very beginning, and although I don't blame any person
individually, I feel that lack of knowledge in how to handle legal matters
is what got us into this mess.
The problem is that we, the homeowners, never were even aware this had
happened until it was "on fire," and now we have to pay the consequences.
For my husband and me, in our mission to be debt-free, we could just
not let this happen, giving our hard-earned money into some deep black
hole that could take years to sort out.
We had to pay the consequences, too. I have never had a foreclosure
before. The good news for us is that, due to the circumstances, it will
not hurt our credit, we have been told.
I just feel for the ones who made these condos their homes, especially
the ones on a limited income. My heartfelt prayers are with all of them.
If you would like to write to me, you can reach me at debtfree8@aol.com.
-- Robin Herrera,
Simi Valley