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Follow the paper trail regarding HOA's. Ultimately, some legislation was passed mandated the concept, how they are to be run and who controls the owners.
For example - California's Davis Stirling Common Interest Development Act may supersede outdated CCR's. So, even though YOUR CCR'S might not mention non judicial foreclosure as an option, the Civil Code DOES mention it, and a homebuyer might not have ever been given a copy of the DS Civil Code.
And again, UCIO - The Uniform Common INterest Ownership Act was legislation that the industry attempted to have passed that would make uniform the CID laws across the nation.
In the end, the legislators, the government, are the ones that are passing this legislation put forth by a bevy of lawyers and lobbyists, and the legislators are the ones PASSING THE BILL INTO LAW!!
That's government controlling people's homes, where they live, their lives, and that's government meddling in an area that should be sacrosanct - just as in healthcare.
STAY OUT OF OUR BUSINESS. Gives us some breathing room. The Government has done ENOUGH to meddle in our lives and we aren't going to take it anymore!!!!
Posted Sep 8 2009 9:45PM CEST
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Username withheld
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Folks, there's different levels of Non-Profit status, so no argument made here is fully accurate.
HOA's tend to use their "non-profit" status to escape responsibilites, like maintaining public spaces for laibility reasons, avoiding mandated handicap parking, etc., their level of "non-profit" only means baord members don't get. paid for their service to the community. This is how reserve funds get drained and money goes missing becasue too many of our "dictators" feel they're owed remuneration for their "service".
The charitable non-profits hold a completely different status. Generally, they're held more accountable for meeting codes, ADA standards, finanacial and fudiciary transparency, etc.
Unfortunately, HOA's aren't charitable organizations nor charaitable to their homeowners.
Non-profit is the only way out of this mess called 'health care" in the US. Non-profit doesn't mean government run...
I've worked in health care most of my life. I've lived under this abysmal system here and nationalized health care in Australia.
There's no doubt I prefer Australia's system and never felt more secure in my life. I regret my desicion to return to the US as once I made that choice there was no going back. I NEVER knew anyone under the Oz system that was rationed, denied care or had their life threatened in any way. Even those with cancer and terminal illnesses.
A Canadian friend, an organ recipient, was gobsmacked to learn that more often than not US citizens must hold fund-raisers, sell their house, cars and every family asset to pay for their procedure because their insurers deny coverage.
I've been denied reasonable and timely treatment numerous times under United Health Care and it nearly cost me my life. Blue Shield of CA isn't much better. I've lost my retirement, savings, and every other asset over a sinmple out-patient procedure that was completely screwed up and completely preventable IF insurance bureacrats didn't interfere with proper medical procedures or dictate to staff to ignor listed and known allergies.
I have no faith left in our so-called "health care system". I'm not willing to submit myself to the ultimate price of my life or the quality of what I have left for the sake of a totally misunderstood and abused "free market" corporatocracy.
BTW- tort reform that further restricts a patient from the abiltiy to sue isn't the answer either. Freeing doctors, nurses and staff from the overly-burdensome adminstrative tasks created by corporate greed would drastically reduce the number of suits. The caregivers wouldn't be wasting 25-40% of their time with trival paperwork that has nothing to do with direct patient care or case documentation.
Posted Sep 8 2009 7:01PM CEST
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Christine Robinett
San Jose, California |
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With due respect to the author and without getting into controversy I take this opportunity to reproduce section of President Obama 's LABOR DAY speech from the website www.foxnews.com which in opionin may be of interest in the context of the subject .September 7, 2009
President Obama marks Labor Day in Ohio
On a tough Labor Day for organized labor, with unemployment at 9.7 percent and more people out of work longer than six months than at any time since World War II, President Obama attended an AFL-CIO picnic in Cincinnati. The President thanked the labor movement for worker rights that he said many Americans take for granted, telling the audience "the 40-hour work week, the minimum wage, health insurance, paid leave, pensions, Social Security, Medicare-they all bear the union label."
Mr. Obama blamed a focus on "wealth not work" for what he called a "vast and complex economic crisis." He promised to work with business and labor to make things better, but focused on his support for the labor movement, which strongly supported his Presidential campaign.
He noted he'd signed the Lilly Ledbetter act, which removed the time limit for women to file equal opportunity lawsuits. The President also said he supports the "employee free choice" act, "to level the playing field so it's easier for employees who want a union to form a union."
Mr. Obama introduced Ron Bloom as his new Senior Counselor for Manufacturing Policy. Bloom's already head of the auto task force under Treasury Secy. Geithner. His new job will involve finding ways to keep US jobs from being exported overseas. Bloom helped the steel industry deal with foreign competition. Just last month the nation's manufacturing sector grew for the first time in a year and a half.
The President also defended his push for health insurance reform. He accused his critics of adopting scare tactics and asked "What's your solution? The truth is, they don't have one. It's do nothing." He said he believes the country needs a government run health insurance program for people who can't get insurance from private companies, but didn't say if he'll insist it be a part of the reform he's willing to sign. The so called "public option" is the biggest target of Republicans who fear it would push private insurers out of business.
President Obama also talked briefly about the controversy over his plans to address the nation's school children, tomorrow. He said he'll "have something to say...telling them to stay in school and work hard because that's the right message to send." Spokesman Robert Gibbs sharply criticized complaints about the President's planned address, comparing the controversy to "an Animal House food fight." It is strongly felt in my opionin as sugested change may bring some positive results. It may be noted that enough has been written that no system is perfect but for the growth and in the interest of society HEALTH CARE REFORM IS THE ESSENCE OF TIME and all out efforts may be made by all concerned if deem fit in the efforts for the reforms.
Let us hope for the best.
With kindest regards,
ravi kapoor
paramount, california
Posted Sep 8 2009 5:12PM CEST
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Ravi Kapoor
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Paramount, California |
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It's typical of all far right wing republican greed-heads to call those who don't agree with them "Communists" when they know they are wrong! The republicans would be in power right now, if they would have followed through on their sales pitches, and actually did what they were suppose to do for "all" the people in this country (as set forth in our constitution!). Instead, they focused on meeting the needs of a select few greed heads whose egos exceeded their diaper sizes (meaning, needing to accumulate excessively more than necessary to feel good about themselves!)! I vote for who will do the best job, not for the egocentric political affiliation!
In this country, we have the right to be rich (thankfully!). However, "For whom much is given, much is expected". There's a point, for when we have all we would ever need, then there is a responsibility to share the excesses for those who are in need. Meaning, teaching those who aren't aware of how to take care of themselves, so that they can become self efficient and reliant! That's not what is happening (in most cases!) in this country. Money is like water, it doesn't go away... Instead, it transforms into other entities to create commerce. The problem is when a select few seem to need more, when they don't need it (hoarding!), in order to provide some kind of up-man-ship believing they are impressing others to gain some sense of false self worth! The difference between the nouveau riche and old money is; old money isn't interested in what you have, who you know, where you've vacationed, etc. They are more interested in; who you are as a person inside, how you treat others and how you contribute in a meaningful and positive way.
The argument presented here is, what is considered "quality" rather than excessive "quantity".
HOA's, hospitals, churches, etc. may on "paper" be "non profit" organizations. However, in the case of HOA's the managers that are hired, their employees (contractors, insurance companies and their lawyers) continue to make a sizable "profits" off of residents in a "non-profit entity", which in turn, creates the need for the owners to make sizable "contributions" to this system, for the sake of so called "upkeep" and "uniformity". The problem stems when these "hired helpers" abusively charge more than they are truly worth for the services they offer (or in most cases the lack there of!) of what they "purport" to provide (which is the same for insurance companies, hospitals, pharmaceuticals, etc.)! Unfortunately (as was the reason for this site!), the abuses from their lack of integrity and a true sense of worth, creates skyrocketing costs that are out of proportion to the services they actually provide.
"The truth is that that is the primary fiduciary duty of management: meeting expenses and remaining in business." Not at the excessive cost to those that rely on them to do their jobs! Profits should be made from the aspect of quality, not for the sake of quantity!
Posted Sep 8 2009 6:01AM CEST
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Username withheld
Austin, Texas |
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First, comment nine stated: "The solution is really quite simple compared to the complicated morass Obama has created. Just as our government attempted to sequester home buyers into HOA's by controlling a very personal and huge financial aspect of their lives, their "home sweet home", the current sickness plan is destined to fail in the same way."
This statement has many things in it that are simply wrong. Obama hasn't created anything. The current crop of bills that are circulating around Congress are the result of various committees that are basically shilling for the insurance companies. Don't get me wrong, I am no fan of Obama. I think his lack of leadership with regard to health care is stunning. What he needs to do is to take page out of Lyndon Johnson's book if he expects to accomplish anything.
The second thing wrong is that HOAs are not a creation of government. The laws creating them were paid for through bribes masquerading as "campaign contributions", by the real estate developers and their attorneys, who by the way, were the people who actually wrote the laws, just like with health care or any other industry that has an interest in legislating their success.. It's true that the local and state governments benefit from HOAs in various ways, but that came later. HOAs, as PRIVATE governments fail for the same reason PRIVATE health care fails, there is no real competition. The notion of "choice" is a figment of the imagination, carefully cultivated by the parties of interest, to their benefit, and their benefit alone.
The true price being paid as a result of the Average American Moron's ignorance about things of this ilk is staggering. It just came out last week that United Health Care, the biggest health insurance company doing business in California is rejecting 40% of the claims filed in that state. How can this be a page 6 story?
Until the AAMs realize that every single objection to the public option that the health care industry plants in their feeble brains through their propaganda is actually EXACTLY what they want to do, have done, and are doing at this moment, there is very little hope for the real solution to be implemented.
As far as the profit vs. non-profit is concerned, I think it really begs the true point; health care decisions cannot be made by anyone who benefits, either directly or indirectly, from that decision. It is a conflict of interest on its face.
You know, once upon a time, selling narcotics was a legal business in America. Where do you think the "Coca" in Coca-Cola came from. However, over time, it became apparent that the societal cost of rampant drug addiction was so high that it had to be stopped. So, with the stroke of a pen, the narcotics industry was rendered illegal.
I submit to you that we have now arrived at the same point with private health care insurance. The cost to society, in every way a cost can be measured, has simply become too high. It is time to put it to a stop.
Posted Sep 8 2009 3:25AM CEST
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Robert Metcalf
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Response to Mt. Tyrer's Comment #10,
To repeat, the not for profit hospitals DO NOT, I repeat again, DO NOT pay taxes. They also do not pay dividends.
Your assumption that all non- profits have debt or need to service debt is unfounded. Many do not.
You imply that non profit hospitals have debt service expense equal to return to shareholders in the for profit setting. This is simply false. Who in their right mind would invest in a company where the return on capital is equal to what a bond holder gets?
Finally, your theory that persons choose to go to a for profit hospital for superior service is nonsensical. For profits CANNOT compete with not for profits for the reasons I have already given.
For profit hospital corporations prey on distressed isolated community hospitals. They rape them, run them into the ground, abusing doctors, nurses and patients who have no place else to go. These mini-monopolies are a great business model but they are bad for our health. They need to go.
SBC
Posted Sep 8 2009 2:23AM CEST
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Stephen Chasko
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Newmanstown, Pennsylvania |
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Again, I note that there is a difference between a charitable institution and a not-for-profit institution. A HOA is a not-for-profit corporation but they are not a charity. A HOA pays taxes as do other not-for-profit corporations which are not charities.
So, we need to understand that hospitals which are run be charitable institutions do not pay taxes and that that is in effect a subsidy. This is a valid question. Should some hospitals receive this subsidy while others do not?
"In basic accounting, profit is the result of earnings that exceed expenses."
Yes, that is correct. But, does the left know what that means? Specifically, does the communist from Austin (TX) understand?
I will repeat this and hope that those on the left with irrational anti-business belief systems will try to understand this. All businesses whether for-profit or not-for-profit require capitol. This can come from donations, debt, or equity.
Obviously, donations have no cost except for naming a building after large donors. However, capitol obtained from debt and from equity have costs. Capitol obtained from debt requires that the debt be serviced -- both intrest on the principal and the repayment of the principal. Yes, equity investors expect a return on their investment. Only for-profit corporations can obtain capitol through equity (sale of stock).
How does this affect the expenses? Dividends paid to share holders are considered to be profit but how do they compare to the additional expense of servicing the additional debt of a not-for-profit hospital?
"To repeat..every dollar the for profits pay to a nurse or a physician or a lab tech is a dollar out of their profit. Their fiduciary duty is to save that dollar for the stockholders." Ah yes, Michael Moore socialism. The truth is that to make a profit you must also have earnings. If you reduce the quality of service then earnings will be reduced (sales will go down). You can say the same thing about not-for-profit: every dollar used to service debt is a dollar not available to pay to a nurse or physician. Not-for-profits are a business too. They must have their earnings exceed their expenses; they must service their debt. If they don't they will go out of business. The truth is that that is the primary fiduciary duty of management: meeting expenses and remaining in business.
Posted Sep 7 2009 11:12PM CEST
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James Tyrer
Green Valley, Arizona |
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The solution is really quite simple compared to the complicated morass Obama has created. Just as our government attempted to sequester homebuyers into HOA's by controlling a very personal and huge financial aspect of their lives, their "home sweet home", the current sickness plan is destined to fail in the same way. It's too up close and personal an issue for government to meddle in and government is already a flailing failing entity!
Health Insurance Reform:
1. Lower premiums - base premiums on income level. Even the welfare recipients can forego a hamburger meal or two or three per month and pay SOMETHING towards contributing to the premiums.
2. Ban pre-existing conditions
3. Don't base health insurance on employment. If you pay the premium you get coverage - not unlike the basic auto insurance plans.
4. FORCE insurers to be more competitive. The basic plans should be the same for all people - beyond that - let the insurers compete with offering OTHER benefits above and beyond the basics.
4. Stop the fraud of Medicare and health insurance that sucks billions out of the strapped system. Complaints filed against doctors who nearly "doctor patients to death" because they can, are virtually impossible to pursue by the average person, let alone the elderly!
100% health insurance coverage can be deadly:
(TheAngryPatient.com)
Posted Sep 7 2009 7:49PM CEST
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Username withheld
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Mr. Tyrer,
Obviously by your remark, you are a right winged republican whose only interest is receiving the dividends that you obtain through your investments, rather than considering the basis of how any businesses that you invest in, obtains their earnings!
In basic accounting, profit is the result of earnings that exceed expenses.
Economics and money are nothing more than, man made illusionary constructs that provide the "delusion" of value. It's unfortunate that our system is such that there are few things that we don't need money for to exist. However, there needs to be an overhaul in what is considered "true" worth, compared to "illusionary" worth!
Most consumers pay "market" value rather than "wholesale" value for all the goods and services they receive, since businesses need to make somewhat of a profit in order to continue to exist. However, the way the law is set; most consumers are unaware that there is no baseline standard for what could be considered a "reasonable" percentage charged for market value, in the selling of products and services that consumers pay for!
Base line, if profits were spent on the "quality" of the output that corporations offered, rather than excessive quantity of egotistic bonuses, dividends, payments from cases they loose because their product or service wasn't what it was purported to be, etc., our current market wouldn't be in the quagmire that it's in at the moment!
As far as health care is concerned, hospitals charging $12.00 for a single aspirin, is repugnant! There needs to be a set standard made into law for what percentage that a corporation can charge concerning market value that is "reasonable" to the regular consumer, rather than some trumped up percentage market value charge that is specifically made for the pure exaggerated and unadulterated profit!
Posted Sep 7 2009 7:33AM CEST
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Username withheld
Austin, Texas |
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Non profit hospitals do not pay taxes. Period.
Non profit hospitals use the money they would otherwise pay in dividends and taxes to hire the best people they can find and to purchase the most advanced equipment. Their nurse/patient ratio is much higher than for profits.
Mr. Tyler, I've worked in both types of hospitals. The differences are breathtaking. The only reason that for profits stay in business is because they almost invariably do not (can not) compete with not for profits. They buy community hospitals where they are the only game in town.
To repeat..every dollar the for profits pay to a nurse or a physician or a lab tech is a dollar out of their profit. Their fiduciary duty is to save that dollar for the stockholders. The people who decide how to save these dollars are not physicians...they are businessmen. Some things are too important to leave to businessmen...your health is one of them. With non-profits, there is no such conflict of interest. This is not difficult to understand.
I don't think any for profit hospital offers the same quality of care as a not for profit. I see no reason for this small portion of our capitalist system to be left to the care, the moral compass, of the profiteers. Let the capitalists make money by selling better drugs, better instruments, better information system..not by cheating professionals and screwing patients.
This brings us to the first piece of my health care reform solution: all medical entities become utilities, with government review and approval of rates and service levels. Treat hospitals and private insurance companies, nursing homes and doctor owned medical corporations etc. similar to gas or electric companies. I propose this for both non-profit and for-profit medical entities.
Base approval of these entities and rate increases on doctor, nurse and patient satisfaction and patient outcomes.
Posted Sep 6 2009 11:02PM CEST
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Stephen Chasko
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Newmanstown, Pennsylvania |
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