Letter to the Editor

HOA laws are Draconian

2008 January

To the Editor:

I agree with Sacramento attorney Michael Johnson, mentioned in Michele Magar’s Dec. 2007, “Public Interest Forum” article.

This area of the law is Draconian. One might imagine such lack of fairness from a third-world dictatorship, but not in America. It is an out-of-control nightmare, rife with injustice, which is being essentially neglected by the state authorities. There apparently is NO enforcement of the Davis-Stirling Act. Thus homeowners, many elderly and on fixed incomes, are left with that responsibility. It is a responsibility they cannot afford when matched against the virtually unlimited potential resources of homeowner associations who can fund their private vendettas and narrow views at the expense of homeowners and are insured against any personal losses. They are practically untouchable, regardless how whimsical and baseless their actions against a given homeowner may be. They have nothing to lose. The homeowner has his retirement savings at stake. I speak from experience.

Please let me know if Ms. Magar’s article was an anomaly or whether you intend to address this subject on a regular basis.

Cecil Proulx

Ed. Note: Yes, we do intend to explore public interest law on a regular basis. Stay tuned.