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Le Parc mess might lead to new bill

By Kate Poss

Correspondent

Published Sunday November 21, 1999


Attempting to lend a hand to beleaguered homeowners at Le Parc Condominiums in Simi Valley, Assemblyman Tom McClintock, D-Granada Hills, discussed Saturday authoring a law that could protect residents from their prior homeowners association's liabilities.

"These homeowners have been dragged through a ruinous process by surrogates," McClintock said. "This is one of many nightmares unfolding in the state. I acknowledge the need for a homeowners association to maintain property, but it should not encroach on (homeowners') personal property rights."

Speaking in a town hall meeting format at the Royal High School auditorium, McClintock met with about 100 Le Parc homeowners who are trying to protect their assets in the wake of a $7.2 million judgment against their former homeowners association.

The judgment, spread across 30 years, could amount to an estimated $21 million in assessments. The judgment against Le Parc's previous homeowners association resulted from a breach of contract and libel suit filed by ZMCorp of Arcadia for work the contractor did in 1994.

While the association is appealing the September ruling by a Superior Court judge, the 264 condo owners are forced to pay an additional $166 a month in assessments. Those who don't may have a lien imposed on their property.

Because a court-appointed receiver, The Becker Group of Ventura, was paying the judgment and not the homeowners' basic utilities -- electricity, water, gas and trash -- the homeowners were in danger of having them shut off. But earlier this month, the Becker Group started paying the bills. Meanwhile, grounds upkeep and general building maintenance have declined in the wake of the judgment.

Ference Gutai, president of the Le Parc homeowners association, said Saturday the fact that a homeowners association is being sued does not mean that individual homeowners should be liable as well.

"The common areas (owned by the association) should be subject to liability and not the homes," Gutai said. "Our basic necessities should not be at risk. Our homes are our asset. My asset is not the homeowners association's."

Jim Lingl, an attorney representing the Le Parc homeowners association, drafted sample legislation for McClintock and his staff to consider. The proposal would require a receiver to pay utilities and take care of the basic needs first before paying off a liability judgment.

In addition, Lingl's proposal seeks to protect individuals who belong to a condominium association by preventing the board from raising assessments due to instances such as suits against the association without advance notification and majority approval by the homeowners.

McClintock and his staff said they will review the proposal's pros and cons in Sacramento and if it passes muster, the assemblyman will consider submitting it as a bill for the Assembly and Senate to approve.

 

 

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