Homeowners Associations, Condominium Associations are in many instances, ALTHOUGH WRONGFULLY, "run" exclusively by the board & management.

Very often, the board & management act like dictators. They  refuse to acknowledge the rights of the INDIVIDUAL home owners; are self serving;  ignore and exclude those who dare to disagree with  actions which are in conflict with the contract and applicable laws;  exclude those who are not on their “favored” list; refuse to adhere to,  and blatantly neglect their fiduciary duties.

As new affordable housing, almost exclusively is in communities with associations, the management companies and board members have formed organizations through which they gain power and access to the legislators. They increasingly strengthen their hand, while the individual home owner is left out in the cold.

Without access, no forum for the individual home owner to voice their findings, needs, views, or a place to lodge any complaints, no matter how egregious - even criminal - the violations might are, the arrogance of those in power is increasingly reaching new heights.

If you call the legislators, make a complaint with the county attorney, the attorney general, they too have a million excuses and all you hear: "it's civil - you have to get a lawyer!"

Since when is “FRAUD” not a criminal act?

Are board members and Management companies EXCLUDED from prosecution for THEFT & FRAUD?

Is an individual home owner who discovers that the board and/or management are defrauding the association, excluded from “Equal Protection Under the Law” - and why?

Are the power brokers protecting each others crimes?

Have you become the target for slander, defamation and acts of harassments to silence you because of your knowledge, awareness, caring and daring to speak out and seek help to rectify the wrong?

What if you follow the advise and get a lawyer? Guess what! You will find yourself swimming with the sharks and end up eaten alive!

In my case, the attorney sold me down the river, misappropriated money's, placed me into a situation where I am totally disassociated from all my rights as an owner which is in gross violation of our contract to boot. This further causes issues which block the marketability and sale of my unit in order for me to get out. The ultimate violation of ethical rules of conduct - among the constant violations during court procedures in collusion with their puppet judges, came when she subsequently represented the opponent,  the association!

When she was caught read handed, her office partner took over pretending to be affiliated with a variety of different law offices over the times of her tenure.

Grossly violating and ignoring the mandate of “mediation” of the previous court order, she proceeded with a court action. The judge, who was a party to the power brokers conspiracy, equally refused wantonly to adhere to the terms of the previous court order.

One time, after the lawyer allegedly exited the inner sanctuary of the court room (judges chambers), she was overheard to proclaim to her clients, the association's board: "the judge is with us!"

Indeed, the illicit collaboration reared it's ugly head. Access to the courts became impossible, I was fined five thousand dollars ($5'000.-) for daring to defend my rights and due process of law, plus ($10'000 -.) for attorney's fees. My appeal "in forma pauperis" was blocked by an order to pay every first day of the month - INDEFINITELY - the sum of three hundred dollars ($300-) from my sole income, the Social Security Disability of seven hundred twenty five dollars ($725.-) which the judge knew, I would not receive before the 3rd of the month!

I was too poor to pursue “JUSTICE” and thus DENIED “EQUAL ACCESS.”


With their lawyers in tow, the board & management association's, appear to make it impossible for the voice of an individual to be heard. This is in particular true for those of us with limited means. In today's system, equality does not exist, "JUSTICE" is but a deceitful illusion. Controlled by the "gods of money and power" it has become a nullity in this society.

Do you feel bossed around by a bunch of arrogant "dictators" who hijacked your association and refuse to adhere to their contractual obligations and fiduciary duties?

Do you feel excluded from the decision making process?

Do you feel that you cannot get justice in court because the association board members, who are using "YOUR ASSOCIATION'S MONEY," afford themselves high powered, expensive lawyers which have their "puppet judges" on the bench and, although the law and your contract support your claim 200%, you cannot win?

Did you experienced a court action, were the lawyers and judges abused their power and position? Did they adhere to the court rules and due process of law?
Do you feel that the courts are corrupt and have offered no relief?
Are your constitutional rights violated?
Do you feel that you have NO PLACE TO GO to enforce the guaranties and rights of your contract?
If you dare to voice your complaints, are you subjected to acts of harassments and/or hate crimes?
Do you feel that the board & management are abusing their power and position?
Are you frustrated with the board & management's negligent upkeep, the refusal to replace broken items and make repairs in the common area?

Are you frustrated with defective work performed by contractors?
Are the board & management ignoring the defective work and refuse to enforce the warranties of still valid contracts? Are they pushing for new contracts instead? Are the costs for the work performed, above average and the work below standards?

Do you get reasonably detailed financial statements and upon written requests, are you able to get access to verify and examine them against the receipts, books and bank accounts?
Is your written request to association documents, books and records, denied, or ignored?

Do you get written notice of the change of Insurance and the annual "Certificate of Insurance" mailed to you?
Do you ignore reading your contract? (CCR's, Laws of Incorporation and By-Laws) The By-Laws are not to be confused with the annual renewable rules which must conform with the mandate of all three documents of the contract- and be reasonable!
Do you sit idle, close your eyes and blindly "trust in God?" Have you ever asked yourself if "God" would be pleased with blind ignorance and apathy?

This is harmful for all members within a community! It's the easy, and lazy way to out. Leave it to the "others."
Echoes of: "I can't be bothered; I cannot change anything; I want MY peace; I only read the bible,"  are all excuses I heard!

Oh yes, the "GODS OF MONEY AND POWER" count on your ignorance, the apathy, the million excuses from the masses. This is the only way the minority "GODS OF POWERBROKERS" can win, and when they win, you will loose. Through your ignorance you feel protected from the effects until the effects will come crashing down and overwhelm you.

You'll be forced to walk on the road of denial and self-destruction for the gain of the "gods of money" based upon ruse, deceit, fraud, corruption and bribery which lead to social imbalance and the extremes.
The extreme riches of a few, verses the extreme poverty of the many. The spectrum of crimes and chaos are the effects of those extremes. They form the cause to the effect which lead to decay and abolition of any civilized social structure.

Is this not the picture we see today?

Now, that we have the internet, we can unite.we can form a powerbase. Yes, we can affect change. Wake up and take responsibility for the entire community and not only when YOU have a need. Look outside your own circle of need. Learn that we all must bare responsibilities to preserve a civilized social structure. Without it "EQUALITY" which is the basis for a peaceful co-existence, and "JUSTICE" which is the foundation for peace, cannot flourish.


Write to:  dh@bajabb.com 
or simply press the red E-Mail emblem,

 Thank you!

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Divided, silenced and excluded from obtaining justice in the courts, we are easy pray for the criminal elements. They con themselves into power positions, bring in their co-conspirators and before you know it, the coffers are empty; the dues outrageous; the place is mismanaged; there is secreted "Enron" accounting, and the contract ages into an unenforceable relic!

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© 2005 All Rights Reserved

Felix Gafner,
Designated Broker


8170 Rawhide Tr,Tucson, Arizona 85750
520-390-6920 www.RealtyFelix.com

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This page last modified on Wednesday, January 18, 2017