Standing Up to Today’s Tyrants

* Dana Parsons in his Feb. 7 column was too kind to the Irvine homeowner association, Judge Mason Fenton, and the association attorney, Rosa Kwong of Chubb Insurance Co.

The story is but another incredible example of how homeowner association boards have become the modern-day tyrant, stealing and oppressing as only tyrants know how to do. The Rosses, along with all the other owners in their association, own the common area and its facilities. Yet the board, several of whose members have children on the Irvine swim team, brazenly steal the pool from the owners. That is theft, pure and simple.

Citizens’ hearts sink when they see such judicial injustice.

One major aspect which Parsons did not cover is that Chubb Insurance has a nationwide monopoly on the insurance sold to homeowner association boards, and that it has secured this monopoly by promising to defend boards no matter what they do.

Mr. and Mrs. Ross are to be commended for their incredible courage. Their battle benefits each and every homeowner who lives in associations. Hopefully, the appellate court justices will have a similar courage and clear-sightedness to put the association’s incredible appeal where it belongs, at the bottom of the swimming pool. The appellate courts are continually plagued by one homeowner association case after another, when lower court justices do not do justice.

On a longer-range basis, homeowners now have an opportunity to reshape the law. The California Law Revision Commission at its Feb. 2 meeting in Sacramento decided to do a comprehensive review of common-interest-development law. They also have decided on a fast-track basis to investigate the possibility of designing a nonjudicial dispute resolution mechanism, so that homeowners are not faced, as the Rosses were, with crushing legal fees to defend their rights.

Since the homeowner association industry lawyers, management companies, etc. are already flooding the commission with their views, designed to keep association dollars flowing into their pockets, homeowners need to raise their voices or they may become the next Rosses.

Statements should be addressed to: California Law Revision Commission, Attn: Nathaniel Sterling, executive secretary, 4000 Middlefield Road, Suite D-1, Palo Alto, CA 94303-4739. E-mail: sterling@clrc.ca.gov.

ELIZABETH MCMAHON

American Homeowners

Resource Center

San Juan Capistrano