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Thirteen (13) months ago we logged a lawsuit against a landowners association, which alleges that we belong to their association, and after they filed a lien against our property. Let us assure you we do not - our Statutory Warranty Deed substantiates these facts.
Several months into the lawsuit with the homeowner association lawyer recruited our mortgage company to participate in the lawsuit as third party defendant.
Washington Mutual is our mortgage company; we have always paid our mortgage payment on time, and were surprised to learn that Washington Mutual is campaigning with these swindlers.
On February 28, 2005, we mailed our mortgage check to Washington Mutual as we had done every month. When we noticed that Washington Mutual had not cashed our mortgage check we contacted their office.. We were informed that they never had received our payment or that it might have gotten lost, that was on March 12, 2005.
The following Monday March 14, 2005, I called our bank and canceled the check we send via mail, which cost us $22. We then proceeded to pay in person at one of their bank branches to avoid late fees of $46, and being reported to the credit bureaus for lateness.
May we point out, our credit worthiness and peak scores with all three bureaus are 798, and my husband and I have always worked hard, paid our bills on time.
The next day March 15, 2005, I spoke to our bank representative and we were informed that an unauthorized ACH transaction was performed by Washington Mutual, it seemed all of a sudden Washington Mutual had found our original check and tried to cash this one too.
When our financial institution for payment of the canceled check turned down Washington Mutual, Washington Mutual imposed a non-sufficient funds fee of $15 against our account. We literally had to do advice one of their representatives if they did not remove these inappropriate fees we would turn this matter over to the Federal Trade Commission.
Further, after the incident Washington Mutual failed to provide us with the monthly mortgage billing statement so we could make payment on our mortgage for April 1, 2005.
When we became aware at the end of March of Washington Mutual intentions we paid our mortgage payment with cash on April 1, 2005, we feel we can no longer trust Washington Mutual with a personal check.
Our Attorneys informed us on April 7, 2005 that Washington Mutual had written them and that Washington Mutual requested that we pay for their Attorney fess because of their status as third party defendant.
A word of caution, for all the residents of the State of Washington and beyond, or whom ever has a mortgage with Washington Mutual be aware - this practice may be a violation of the RICO ACT.
PROFILE: My husband and I live in a rural area in Washington. We are normal people who believe in getting the laws changed to protect people who live in HOA's against abusive board members and the selective enforcement of the rules that goes on through out this country of ours. People need to speak up, voice their opinion, we feel people are either afraid too or they do not think they will make a difference. People have to make our Government aware.
Posted Apr 8 2005 9:07PM CEST
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Mags Wittich
(View Profile)
Roy, Washington |
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Our family scrimped and sacrificed and fought for our country for 20 years in our military - Our nightmare started when we came home and neighbors declared that the home we bought belonged to a homeowners association
Posted Mar 4 2005 11:16PM CET
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Mags Wittich
(View Profile)
Roy, Washington |
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" THE WAY TO WIN IS TO WRITE YOUR LOCAL REPRESENTATIVES"!!!!!!
When I wrote the same letter and emailed it to all 58 members of the House of Representatives in Washington State back in April I actually got some responses.
They responded by asking what would I propose to be changed in the homeowner association laws. Many of them asked where I lived and that I should contact my local Representatives. I did contact them back in February and I had been communication with The Senators office who was from my district.
The words " we just do not govern over HOA's" was about all I got.
The people in Washington State and I cannot stress enough" NEED TO CONTACT YOUR LOCAL REPRESENTATIVES" I truly believe that if enough districts are contacted about this issue that we can get more protection against these abusive, power hungry board members.
It may be a long process, but that process has got to start now. Let us get the rights back that we deserve.
Posted May 5 2003 11:41AM CEST
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anne ripley
(View Profile)
lynnwood, Washington |
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I have written every member of both Houses of the legislators, the governor, Attorney General and Office of the Secretary of State regarding RCW 64.38.025 (3) and SB5211 to no avail.
SB5211 passed the Senate 49 to 0 and the House 95 to 0.
Read the White Paper from the Washington Realtor Association I put on the Website under Washington which advises realtors to support the CAI (Community Institute Association) in passage of SB5211. The CAI are the people who have been lobbying for this type of legislation throughout the country.
The only conclusion a person can reach regarding the vote on SB5211 is that these legislators who voted in favor of SB5211 in both Houses of the Legislature have been bought and paid for. The same is probably true regarding Homeowner Association legislation in general in the State of Washington.
Steve Wittlake
wittlak@attglobal.net
Posted May 1 2003 5:47PM CEST
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Steven Wittlake
, Washington |
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I live in Washington State and I contacted my local Representative's and asked why there is no protection for people who belong to Homeowner Associations. I was told there is nothing they can do they do not govern over HOA's .
So what I did next is I wrote a letter and I e-mailed it to all 58 members of the House of Representatives.
I have been getting replies but they all write the same thing, and that is I have to contact my local Representative.
If there are people who live in the State of Washington and belong to a Homeowner Association and you would like to get some laws changed giving more protection against the abusive board members please please contact your local Rep.
The more letters that are written to the House of Representatives the better, the laws can change if the pressure directed to the right people.
Posted Apr 22 2003 5:49AM CEST
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anne ripley
(View Profile)
lynnwood, Washington |
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Click here to see my post on AHRC What state Legislators Need to Know About Homeowners associations
This attempts to educate legislators about the real solutions to HOA problems and CAI's role in avoiding such issues as I raise in the post.
Posted Mar 12 2003 7:06PM CET
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George Staropoli
(View Profile)
scottsdale, Arizona |
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There has been no action by the Finance and Insurance House committee on SB5211 since it was referred to the committee on 17 Feb and since I, the AHRC and some lobby group in Calif bombarded the House with email warnings to the House members about this bill sponsored by the Washington State Realtor Assoc and the Washington branch of the CAI.
But I am keeping track of the bill daily on the Washington Legislative website.
There is a Bill SB 5536 which deals with Condo Associations that passed the Senate 41 to 8 yesterday and deals with Condos and was being pushed by the CAI. You might want to check this out because anything by the CAI has to be deadly sinister.
Steve Wittlake
Birch Bay Village
Blaine Washington
Posted Mar 12 2003 7:00PM CET
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Username withheld
San Juan Capistrano, California |
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From: Steve Wittlake wittlak@attglobal.net
Wed, 26 Feb 2003 23:01:43 -0800
Here is proof CAI and Washington Association of Realtors is behind SB5211 in Washington
Washington Association of REALTORS®
Consumer and Business Affairs: 2003 Legislative Priorities
Issue: Exempting Real Estate Brokerage Companies Performing Association Management from Licensure as Collection Agencies
RECOMMENDATION:
MOVE THAT: The Washington Association of REALTORS® support the legislative proposal introduced by the Washington Community Association Institute in the 2002 Session (SB 6616), exempting individuals or organizations performing management of common-interest owners associations, i.e. condominiums and homeowners associations, from licensure as collection agencies.
BACKGROUND:
For years, many Washington real estate brokers, including members of the Washington Association of REALTORS®, have managed condominium and homeowners’ associations, and routinely attempt to collect delinquent assessments.
These tasks and duties are frequently performed as part of a companies property management portfolio of services. While a significant portion of this activity is devoted to condominium associations, an increasing number are also managing homeowners’ associations.
For the past two years the Collection Agency Unit of the Department of Licensing has advised that individuals and companies collecting assessments on behalf of community associations is an activity regulated by the Collection Agency Act, RCW 19.16. The relevant portion of RCW 19.16.100(2) states that a collection agency includes “any person directly or indirectly engaged in soliciting claims for collection, or collecting or attempting to collect claims owed or due or asserted to be owed or due another person.”
“Claim” is broadly defined in a manner that includes association assessments.
Despite the fact that the Act includes a number of statutory exemptions in RCW 19.16.100(3)(c), including “real estate brokers”, the department contends this exemption is not applicable since the Real Estate Brokers and Salespersons License Law, RCW 18.85, does not regulate the activities of real estate licensees engaged in the practice of managing common-interest owners associations.
Furthermore, the definition of a real estate broker in RCW 18.85.010(1)(b) does not appear to address this activity as an “interest” in real estate. Since the activity does not constitute direct or indirect negotiation of a rental or leasehold interest, a real estate license would not be required.
The Washington State Community Association Institute proposed a legislative resolution in the 2002 session to clarify that certain entities be exempt from licensing. The proposal was unsuccessful in 2002 despite unanimous passage by the Senate Judiciary Committee.
ANALYSIS:
The “proposed” additional exemptions would require the homeowners’ or condominium association to be subject to the Horizontal Property Regimes Act - RCW 64.32, the Washington Condominium Act - RCW 64.34 or the Homeowners’ Association Act – RCW 64.38.
Another alternative would be to amend the definition of a real estate broker in RCW 18.85.010(1) to include “the management of common-interest owners’ association” as an activity requiring a real estate brokers license. This alternative could create a number of unintended consequences by subjecting the license law definitions to challenges from a number of direct and indirect industry stakeholders.
CONCLUSION:
Real estate brokerage companies managing condominium associations and homeowners’ associations provide different services than collection agencies. Requiring management companies to be licensed as collection agencies subjects these individuals and companies to unnecessary regulation.
Representatives from the Community Association Institute have expressed interest in pursuing a legislative resolution in the 2003 session. They have expressed genuine appreciation for any support our Association will provide.
The Washington Association of REALTORS® should support this legislative effort.
Posted Mar 12 2003 6:56PM CET
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Username withheld
San Juan Capistrano, California |
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Thank you for your most poignant comments. First it's "squirrels" and then it's ... who knows?
I have always said that after living in our HOA in Crystal Pines II, Durham NC, I now unfortunately know how Hitler got started. HOA's bring out the absolute WORST in human nature.
Isn't there some kind of protection for wildlife, which would include squirrels? I feel sick at heart about this notice, and please let me know if there is anything I can do.
God bless you for writing, and may He (She) keep you in His / Her care.
Yours truly, Catherine Todd, Durham NC
Posted Mar 12 2003 3:22AM CET
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Catherine Todd
Durham, North Carolina |
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Dear Anne:
You can help expose and stop such cruelty to animals..
Please go to the Business>Directory and make directory listing for your Homeowners Association (include all the names and emails or board members), and Service Manager (include the name of your manager)manager.
The listing you enter will be listed under Business>Directory> immediately.
Then select File a Complaint and write a Complaint letter to them to them .
If you entered email addresses your letter will be emailed to them immediately. You can also print then fax or mail the letter.
You can keep your identity private and publish the letter on the internet, if you wish.
If you choose the option to Post my Complaint on the Web it will appear on the web within 24 hours.
Homeowners and animals lovers will get involved in this with you.
If you need support in filling the forms, please call AHRC at (949)366-2125 between 10am and 5 pm Mon-Fri Pacific Time.
ahrc staff.
Posted Mar 10 2003 4:16AM CET
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Username withheld
San Juan Capistrano, California |
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