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Author Topic: SLCA Bill Collectors knocking at your door???  (Read 3401 times)
David
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« on: February 08, 2011, 04:46:16 PM »

Here's a very interesting court case I found regarding HOA "Debt" collecting attorneys.

http://www.ccfj.net/courtdecFLFDCPA.html
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« Reply #1 on: February 09, 2011, 01:49:49 PM »




PORTION OF LOT OWNER’S ARGUMENT BEFORE THE PENNSYLVANIA SUPREME COURT - No. 836 MAL 2010


DECISION PENDING

      Petitioner hereby requests, that this Honorable Supreme Court consider the fact that the “underline issue” presented by Petitioner to the Respondents was and has always been the absence of a Deed Covenant, Condition, or Restrictions which establishes a clear contractual obligation on the part of PURCHASERS of Lots in the within community of Stillwater Lakes Estates, to become members (or associate members) of a corporation, and to be bound by any Rules, Regulations or By-laws promulgated by that corporation, whether that corporation comes in the form of a Planned Community, Condominium, Bonafide Cooperative Association, or a for-profit utility provider known as Stillwater Sewer Corp.

      Respondents failed to present any evidence whatsoever, which contradicts the fact that there exists no Covenant, Condition, or Restrictions in any of the document in use by the original developer which would authorize an entity designated by the SELLER to set or to establish sewer/wastewater rates.  The Interstate Land Sales Property Report mandated by Federal law, which formed the basis for the Federal suit is attached herewith, as Case Exhibit C-1, pg. 5,
and reads in part:

   “The operation will be on a profit basis to developer.  The system will come under the control of the Pennsylvania Public Utility Commission and rates will be regulated by it.”
 
                Any individual or organization engaged in regulating utility rates, other than the entity designated by the SELLER in its HUD Property Report is in violation of the Interstate Land Sales Full Disclosure Act (HUD) (Title 15, United States Code. Sections 1701-1720), and Federal law (18 U.S.C. 1961) the Racketeer Influenced and Corrupt Organizations Act (RICO) which protects against corporations and groups from engaging in schemes to defraud.

           Individuals designated “Members/Owners” by the ALJ/PUC/ & Commonwealth Court are not a party, and have never been a party, to the original agreement between the SELLER and the PURCHASER(S); and therefore have zero authority under the rights of the Declarant, to set or establish utility rates, or to impose maintenance charges, except as prescribed in the owners Deed of Conveyance, and the laws of this Commonwealth  .(See P.U.C Opinion of March 15, 2010, at  C-20066892,  pg 7, pa.1, attached herewith as Appendix # 7)
   
      In past rulings the Commonwealth Court quoting Meadow Run, 598 A.A2d at 1026, has held that:
         
      “a property owner who purchases property in a private residential development who has the right to travel the development roads and to access the waters of a lake is obligated to pay a proportionate share for repair, upkeep and maintenance of the development's roads, facilities and amenities.” (emphasis added)
         
      Accordingly, the payment of a “proportionate” or “pro-rata” share of maintenance of common areas bears no relationship to the owner’s status, as to membership, or non membership in a property owners association. (See Holiday Pocono Civic Ass’n v Benick, 7 Pa. D. & C.3d 378. 384 (Pa. Com. Pl. 1978).   The conclusion by the Court that Petitioner is a “defacto” member of an association, simply because he pays his maintenance fees, in accordance with the terms of his deed, and in accordance with the laws of the Commonwealth, is illogical and totally disconnected from the reality of well established law.

      By implication, the Courts have permitted to stand the illegal practices of designated “Members/Owners,” which includes illegal demands for unauthorized “stand-by sewer fees” from Lot owners, [See Case Exhibit C-A, pa, 17] and by assessing “HOUSES” in the Community at a higher maintenance rate than “LOTS;”  a violation of well established Commonwealth law!  See Case Exh.  R-JHO-7, which is attached herewith as Appendix 9.  Also see case law Arrowhead Lake Community Association, Inc, vs.Walter Quick, attached herewith, as Appendix 10, in which the Superior Court affirmed that pro-rata maintenance obligations are based on ownership of “Lot” not on the ownership of a “HOUSE!”

                By mailing dis-proportionate assessment demands in clear violation of State law, Respondent “Members/Owners” have systematically violated the laws of the Commonwealth. They have intentionally, willfully, knowingly, maliciously, unlawfully, fraudulently, and deceitfully, issued fraudulent, false, misleading, and deceptive bills and letters to owner of property in the within Community of Stillwater Lakes Estates. Under 18 U.S.C. Section 1344 of RICO statute, bank fraud occurs whenever a scheme to defraud enables the perpetrator of deceptive bills and letters, to obtain any funds under the custody or control of a bank. 
 
      The decision of the ALJ/PUC/Commonwealth Court effectively imposes upon Petitioner and residents of the Stillwater Lakes Estate Community involuntary membership in a corporation proported be a “bonafide cooperative association!” This ruling is unconstitutional, as it violates Petitioner’s right of free association, his property rights, as well as the rights of every single PURCHASER of property in the within community of Stillwater Lakes Estates, as guaranteed to every citizen under implicit First Amendment right of association in the U.S. Constitution.

      Wherefore, Petitioner is providing herewith, to the members of this  Honorable Supreme Court exactly the same community documents presented by both sides in the Federal matter and to the ALJ/PUC/ & Commonwelalt Court, in the instant matter, so that this Hororable Court may finally determine if the Deeds, Property Report, or Agreement of Sale in use by the original developer includes a single Covenant, Condition or Restriction which would compel Petitioner and the PURCHASERS of property in the within community of Stillwater Lakes Estates, to become a member of a Planned Community, Condominium, bonafide Cooperative Association or to receive a utility service on a “not-for-profit” basis from the for-profit utility known as Stillwater Sewer Corp.



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Spitfire
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« Reply #2 on: February 10, 2011, 06:27:56 AM »

Hey folks, we're looking to have it officially "Declared" by the courts that no one in this community is obligated to be a member of the association. We'd like to make a "Federal Case" of it as a matter of fact, so if any of you property owners just happens to actually live out of state...and receive a bill from SLCA at your out of state home, please feel free to let us know. (Send me a message by clicking the "MY MESSAGES" button on the top of this page. (You must be logged in to send messages)

Keep in mind...it was already declared officially by the court for one (1) homeowner in this community. We're looking to make it official for the rest of us. Wink

Stay tuned...
« Last Edit: February 10, 2011, 06:39:27 AM by Spitfire » Logged
David
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Taking Back our Community!...


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« Reply #3 on: February 14, 2011, 01:27:11 PM »

Hey folks, we're looking to have it officially "Declared" by the courts that no one in this community is obligated to be a member of the association. We'd like to make a "Federal Case" of it as a matter of fact, so if any of you property owners just happens to actually live out of state...and receive a bill from SLCA at your out of state home, please feel free to let us know. (Send me a message by clicking the "MY MESSAGES" button on the top of this page. (You must be logged in to send messages)

Keep in mind...it was already declared officially by the court for one (1) homeowner in this community. We're looking to make it official for the rest of us. Wink

Stay tuned...
Folks, I strongly urge you all...if you haven't done so already...submit your Dissociation notice to Appletree Managment Group as soon as possible regarding this outright fraud of mandatory membership in SLCA. For the many that have already sent one in; by now you should have received a response, (Not from SLCA Legal), but from Jim Ott of Appletree management himself stating something to the affect that they will not recognize such notice. Take notice that though Mr. Ott has copied the SLCA attorneys Young & Haros, as well as state representative Mario Scavello on the response, it is actually coming from Appletree Management group on behalf of SLCA.
 
Stay tuned...


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« Reply #4 on: February 16, 2011, 01:58:10 PM »



   MARIO SCAVELLO CONCERNING THOSE WHO LIVE IN STILLWATER LAKES.

   "Oh, those people up there wants my office to notarize that they are not member of an association; that does not make any sense” he said, “How is the community going to operate without an association?”
   Mario seemed to be oblivious to the fact that mandatory obligations on the part of lot owners are mandated by State Law, and not by an Association.  State Laws, which are fully enforceable in the Office of the District Magistrate, and at the Monroe County Courthouse.  I advised  him that the developer did not want, nor did he include any provisions for the purchasers of lots to run the show, or the right to establish their own maintenance charges, or to have lot owners run his business.


   As for Mario!.........he just walked away and shook his head in dismay.

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Spitfire
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« Reply #5 on: February 16, 2011, 09:17:37 PM »



   MARIO SCAVELLO CONCERNING THOSE WHO LIVE IN STILLWATER LAKES.

   "Oh, those people up there wants my office to notarize that they are not member of an association; that does not make any sense” he said, “How is the community going to operate without an association?”
   Mario seemed to be oblivious to the fact that mandatory obligations on the part of lot owners are mandated by State Law, and not by an Association.  State Laws, which are fully enforceable in the Office of the District Magistrate, and at the Monroe County Courthouse.  I advised  him that the developer did not want, nor did he include any provisions for the purchasers of lots to run the show, or the right to establish their own maintenance charges, or to have lot owners run his business.


   As for Mario!.........he just walked away and shook his head in dismay.



As for his voters at the next elections....they should just walk away and shake their heads in dismay.
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ANNA MAE K MILLS
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« Reply #6 on: February 17, 2011, 07:55:43 AM »

Its not Marios office,Its the peoples office!!!!!
Voting matters!!!!
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