Mortgage Strategies

 

 
 
Office Max

 

 


 

Contact the Star staff

 

 

 

 
For a print-friendly page, click here

Letters: Court to decide,
Associations at risk/Terrible predicament

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

 

 

News ~ Business ~ Columns ~ Opinion
Life ~ Time Out ~ Technology ~ Travel  


© Copyright 1999, Ventura County Star. All Rights Reserved