Read our FALL 2016 Newsletter!

by the CIHC, Common Interest Homeowners Coalition

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Let’s join together as a powerful VOICE for DEMOCRACY in our CICs to make a difference!

Summer 2016.

PAGE 1: Leg update &

message from Pres.

PAGE 2: HOA “Humor”

& Inspiring Quotes!

PAGE 3: CIC related

Bills, 2016-2017

PAGE 4: CIHC hearing

for Bill A2027

PAGE 5-7: Pt. 4 HOA

Syndrome, conclusion

PAGE 8: Human rights

in CICs?

PAGE 9-10: “Taking

the High Road”

PAGE 11: Elections &

membership, again.

PAGE 12: Spotlight on

- updates

PAGE 13: support

CIHC form

HOW to CONTACT the

CIHC: Call Ellen

Vastola (Current

President) at 732-873-

3446, prefer mornings

after 9 am, til 9pm.

Editor: Ellen Vastola

CIHC website: c-ihc.org

2016: Message from the CIHC President, Ellen Vastola;

Helloooooooo Summer! Finally. We had a rainy Spring which was good for

the plants, but what about us? Now we can finally go outside and ENJOY

the out of doors in our communities. AND . . . go to the SHORE!

*** NJ LEGISLATURE UPDATE! ***

The NEW legislative session 2016-2017 is in session! See

page 3 for a list of Bills pertaining to CICs in NJ.

WHY are CIC owners still being abused, and now could be

“put out of their homes”?

I have been talking to several owners (too many) in different

communities and counties. What I am hearing is that the Boards & their

“hired help” do not help them, but instead use their all their “power” to

increase their debt & make them leave. All because they asked

questions. It hurts me to hear owners cry when they feel so abused.

The problems are about inaccurate accounting, mold, delinquent fees,

etc. This happens with the help of the “professionals”; the Assn. PMs &

Attorneys (w/ their fees) which ultimately forces the owners financially

to move out and take a loss, OR lose everything! HUH???? Ethics or

compassion – NO. How can this be happening in the NJ?!

This is a CONSUMER issue, it is about Power & MONEY.

NJ Attorney General DO something, please!

Pic: http://www.en.uncyclopedia.co


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Quotes Corner!

The “Independent Voice of NJ CIC Owners” welcomes your ORIGINAL newsletter

articles, ideas, cartoons, or postings (to set up local/regional meetings, gatherings,

protests, etc, to share experiences in person, etc). The newsletter Editor reserves the right to use,

edit or refuse a submission. Please send your original submissions to the Editor and put “CIHC newsletter

idea” in the subject line; otherwise it will be deleted sight unseen. This newsletter is for YOU.

CIHC “HOA HUMOR”

OR is it your Association Board? Nuff said!


It is the duty of the patriot to protect his country from its government.

Thomas Paine

In politics, nothing happens by accident. If it happens, you can bet it was

planned that way.

Franklin D. Roosevelt

What we’re trying to do here isn’t easy . . . self-government never is.

Richard Widmark in The Cobweb, 1955 movie


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Legislation Watch for NJ’s CIC/CIRA owners - 2016:

NJ Assembly:

A 358 – Sean Kean; Prohibits “conflict of interests” by governing board members or management

employees of homeowners' associations.

A 400 – Daniel Benson; Makes homeowners' association in which developer's control of executive

board has not been surrendered a public body under "Senator Byron M. Baer Open Public Meetings

Act.

A 2009 – Gerry Green; Permits master deed of condominium to reflect proportional common and

limited common elements interests of each owner as fractions. (last session was A 454)

A 2027 – Gerry Green; Concerns membership and management of homeowners associations. (last

session was A 469). An Open hearing was held May 12th and the CIHC was there; see page 2.

A 2260 – Vincent Prieto; The "Owners' Rights and Obligations in Shared Ownership Communities

Act. (last session was A 1251)

NJ Senate:

S 357 – Tom Kean; Requires certain common interest community associations to publish certain

information; requires that homeowners' association contracts for management and maintenance

include 24-hour emergency services.

S 863 - Brian Stack; Revises time period at which unit owners assume control of homeowners'

associations.

Site to track CIC Bills: http://www.njleg.state.nj.us/bills/BillsBySubject.asp

DISCLAIMER: The CIHC newsletter is written by and for NON-attorneys. We do NOT

and cannot practice law or give legal advice. We DO provide information to aid CIC

owners when they have questions or issues in their communities. We can and do

support New Jersey’s CIC owners and Boards for a democratic experience and

enhanced quality of life, for all, in said communities.

I am still watching! Pic: http://www.en.uncyclopedia.co

http://www.njleg.state.nj.us/bills/BillsBySubject.asp


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The CIHC attended the Hearing for Bill A2027, May 12th.

We were happy to see a good number of CIC owners there to give their testimony in regards to this Bill before the Committee would finalize it and go to a vote for or against moving it out of committee.

In actuality, this hearing was “research”. The committee wanted to know more about the need for this Bill and then determine any revisions that might be needed. The owners of a specific CIC spoke about their “disenfranchisement” in the election process of their Community. Also present were some other owners in the above mentioned specific community WITH the attorney and property manager. Their testimony was that the community was running well and that this Bill was not needed.

I was stunned! I heard it stated that 96-7% of the owners in the community were NOT able to vote or run for election. I also heard that it seemed that the Developer “appointed” Boards kept perpetuating the appointing of Board members and never truly transitioned to a completely “owner elected” Board. Hmmmm. How nice for them. They kept the control of the community to a “select(ed) few”. The “select few” owners in power feel that this works well for the

community. Isn’t it nice to be one of the “select few” with unaccountable power! [Oligarchy =

government by the few: a government in which a small group exercises control

especially for corrupt and selfish purposes. From Merrium Webster online] Therefore, this community is NOT a democracy, which is contrary to the basic governing principles of our CICs.

The CIHC spoke in favor of the Bill (with some revisions) in support of the disenfranchised owners. The CIHC wanted the committee to know that CIC owners from across NJ call us for support and help. Many times we hear about election abuses which undermines the “democratic” process of the running of our CICs. (Remember the Alexandria decision of 2014? Owners in that community had to sue to get elections for the Board - and they WON!)

We also questioned the testimony of the “abusers=controlling Board w/ their paid for employees” when the Committee should really hear from the abused only. Would we ask a bank robber about running a bank & give them the keys? But then, by using “critical thinking”; we could learn from the “abusers” = perpetrators of the abuse, and can gain insight into how the abuse happens and then we can take measures to prevent it. . . . Bill A2027. The CIHC submitted our written edits/revisions of the Bill after the hearing.


The CIHC would like to acknowledge our DONORs

in 2015-16. Thank you for your support!


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PART 4 of “HOA Syndrome”, by Dr. Gary Solomon.

The Solution

We are a population of Hurt People. As Hurt People, some, not all, get great sadistic pleasure in

paying the hurt forward (Hurt People hurt people). To date there has been no exposed solution to

this growing social atrocity that causes HOA Syndrome. As roving Capos and Masters pillage the

villages for more and more bounty, there has been no respite from the marauders. Know, as a

health care professional, I offer a solution.

In truth, all of these cases are tantamount to personal injury cases: auto accidents, boating

accidents, slip and fall accidents, etc. Summarily, I believe that all HOA homeowners have been,

and continue to be damaged, victimized by the Capos and the Masters. As a result, I believe that

you are entitled to be compensated for those damages. This is no longer a matter of contract law.

This is a tort and torts offer relief. Instead of being rear-ended by another diver you have been

rear-ended by the HOA and the management companies. Damages, both emotional and physical,

are your remedies, awards are due to you. Furthermore, you may be entitled to damages for pain

and suffering under the law.

I offer to each of you the following gift: with my permission and release of Copyright, send the following, via Certified Mail to your HOA board, individually and collectively, and to the management company, individually and collectively.

“If you continue on your current path of pathological persecution you do so knowing the damage you are causing; you do so with malice aforethought, personally and collectively perpetrating a significant amount of detriment to me and others. As of the date of this letter you may claim that you did not know what you were doing or the damage it was causing. Now, should you continue, as a post recipient to my letter, I am informing you, collectively and individually, that you do so with knowledge; you do not have the right to claim ‘I didn’t know.’ Your actions are both criminal and civil.”


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Now, you have put them on notice. Now you may take action.

Here are your Seven Action Steps:

1. Acknowledge the problems, both emotional and physical.

2. Keep a record of the problems: document, document, document! Create a log and diary of what you are experiencing in your life as a result of the abuse by the HOA and the management company. Organize and maintain any and all correspondence from the HOA and the management company.

3. Locate a personal injury attorney in your area. The case should be taken on contingency: the attorney is not paid until the case is settled. Remember: this argument is new to the legal community. Don’t give up if the first or second attorney that you contact does not take your case. In time you will start hearing advertisements on your local television inviting you into law offices all over the country.

4. If you are older than 55, seek an attorney that specializes in elder abuse. They will use specific laws that are in place to enforce your rights and help you seek damages. If you are the child or a guardian of an elder person take action on their behalf. 5. Seek and secure medical attention. Go on record with your doctor regarding your problems and issues. If indicated, request a specialist (your general practitioner should be able to refer you to the indicated specialist). Never minimize or rationalize your emotional or physical problems. Remember: your attorney will assist you in organizing your case file. The types of medical attention you may seek are:

A. General Medical

B. Medical Specialist

C. Pharmaceutical Intervention

D. Complete Laboratory work-up & analysis

E. MRI

F. SPECT

G. PET Scan

H. Psychotherapy

I. Counseling

J. Chiropractic

K. Massage

(Your health care insurance should cover all or most of the cost of your health care including medication. Talk

to your attorney about the concept of continuity of treatment.)


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6. Seek financial compensation through a jury of your peers. They are on your side. Most

jurors, if not all, have had some experiences with HOAs. They know what you are going

through and how you feel. They want to have the opportunity to bring the Capos and the

Masters to justice.

7. Create HOA support groups. Talk about what is happening to you. Share your stories

with others. And, go public whenever possible. (YES, the CIHC is here for you in NJ! Editor)

Professor Solomon’s Prediction: “Why didn’t someone warn us?” they screech, in a reaction to the news of the day: “...two boys went on a shooting spree as a result of...”; “...a man killed his wife and children after...”; “...five are being held hostage because...” “...someone crashed a plane into a building when...”.

The story is always slightly different, yet the cries are the same: “Why didn’t someone warn us?” “Surely someone must have known what was going to happen.”

So, now comes Professor Gary Solomon with the following prediction: if we don’t put a stop to the actions of the few miscreants, homeowners are going to start “Going HOA”.

Wait... my predication has come true: it has already happened.

The End. [Editor: YOU can be the “agent of change”. Each one of you can make a difference.

STOP this abuse/harassment! Highlights, bold, underline and red by the Editor.]


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What about HUMAN RIGHTS in our CIC’S?

From: http://blogs.law.nyu.edu/magazine/2008/from-darkness/

(The following are excerpts from a blog by Tracey Thompson about Thomas Buergenthal: concentration camp survivor, now a judge on the International Court of Justice (ICJ) at The Hague.)

“But just as domestic violence is now considered an urgent social problem, “there has been a sea change in the fundamental issue, which is that how a government treats its citizens is no longer considered purely a domestic matter,” Franck said. A formidable body of human rights law has sprouted in a mere half century from a seed planted in the ruins of World War II. Among other things, the charter of the United Nations pledges “international cooperation in…promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion.” That was followed by the passage of the Convention against Genocide, better known as the Geneva Convention, and the 1948 Universal Declaration of Human Rights.

But what, exactly, are “human rights”? Over the ensuing decades, the exacting work of defining the term and the methods by which its protection would be enforced was left to a variety of U.N.-created commissions and to the bodies that interpreted international conventions, such as those barring torture or race discrimination. Another body of law evolved within the framework of agencies like the U.N. Educational, Scientific and Cultural Organization (UNESCO) or the International Labor Organization, both of which incorporate human rights protections into their charter.

Since then, IACHR case law has taken root in the constitutions of more than 20 countries in Latin America. The result has been a dramatic increase in recent years in the number of human rights cases initiated by governments themselves against the actions of previous regimes. Case in point: the 1998 detention of General Augusto Pinochet, the former Chilean dictator, in London, and his subsequent prosecution on charges of systematic human rights abuses during his 16-year rule. Since then, similar cases have been brought in Mexico, Uruguay, Brazil and Peru, marking a radical shift toward accountability in a part of the world with a long history of repressive military dictatorships.”

Editor: Interesting. Is there a correlation to our CICs? So, WHY don’t the owners in our New Jersey common interest communities have these protections? Where is OUR (State) court to take our grievance(s) about our abuses in our communities? Have some of our Board members become “Nazi’s/dictators/oppressors” in their intolerance of any owners who question them/want to see records or who wants to participate and maybe change things (for the better)?

http://blogs.law.nyu.edu/magazine/2008/from-darkness/


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“Taking the High Road . . . “, what a concept!

Does this have meaning as we live in our CICs? Yes. OMG, we, who have chosen to live in NJ’s CICs, have many opportunities to “practice” this behavior.

Whether you are an owner, on the Board and even a tenant, we all need to get along with each other and that could (should) mean “taking the high road”.

So, when conflict arises, as it inevitably will . . .

"You may become flooded by feelings such as fear, sadness or rage. These intense emotions can lead you to have a knee-jerk reaction instead of thoughtful responses. When emotional reactions replace mindfulness, you're on the low road . . . ." – Dr. Dan Siegel, M.D.

OR

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

How do you “give thoughtful consideration”?

What does that look or feel like?

Read the tips on next page from: http://www.thenlifehappens.com/2012/03/01/take-the-high-road/

http://www.thenlifehappens.com/2012/03/01/take-the-high-road/


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“Tips that may help you to take the high road next time someone cuts you off in traffic, speaks to you disrespectfully or anything else that may cause irritation; (or your Board ignores or abuses you. Editor)

Take a deep breath and count to ten – by this time you may be OK to not have to respond at all and the incident will have passed.

Think about the kind of person you want to be and are exhibiting to others; kind, graceful, forgiving or bitter, vengeful and on edge.

Pause to consider what the other person may be dealing with that you have no idea about (no, this is not an excuse for everyone to walk all over you) and remember that it may be causing them to act inappropriately.

Think about how you want to be treated when you make a mistake, speak out of turn or are simply acting out because of your life circumstances (again this does not give you a free ticket to treat others badly).

If you are with kids, have kids or are around kids STOP and consider what you are teaching them about responding and reacting to others.”

- - - - - - - - - - - - - - - - - - - - - - - - - - -

From Dr. John Maxwell, D.Th. . . . “There are three roads that we can

take in life:

The low road – where we treat people worse than they treat us.

The middle road – where we treat people the same as they treat us.

The high road – where we treat people better than they treat us.”

Which road will you take the next time there is (a) conflict in your community?


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Elections (& membership), again . . .

WHY are Elections, in our CICs, still an issue? WHY do some CIC owners NEED legislation to give them what the rest of us have (more or less) . . . a fair and open election process? The following are some thoughts not from the editor. Let them guide/inspire you . . .

The political lesson of Watergate is this:

Never again must America allow an arrogant, elite guard of political adolescents

to by-pass the regular party organization and dictate the terms of a national election.

Gerald R. Ford www.brainyquote.com

It is enough that the people know there was an election.

The people who cast the votes decide nothing. The people who count the votes decide everything.

Joseph Stalin www.brainyquote.com

As societies grow decadent, the language grows decadent, too.

Words are used to disguise, not to illuminate, action: you liberate a city by destroying it.

Words are to confuse, so that at election time people will solemnly vote against their own interests.

Gore Vidal www.brainyquote.com

Democracy substitutes election by the incompetent many for appointment by the corrupt few.

George Bernard Shaw www.brainyquote.com

The major problem—one of the major problems, for there are several—one of the many major problems with governing people is that of whom you get to do it; or

rather of who manages to get people to let them do it to them.

To summarize: it is a well-known fact that those people who must want to rule people are, ipso facto, those least suited to do it.

To summarize the summary: anyone who is capable of getting themselves made President should on no account be allowed to do the job.

Douglas Adams, The Restaurant at the End of the Universe www.goodreads.com

Dictators are not in the business of allowing elections that could remove them from their thrones.

Gene Sharp, From Dictatorship to Democracy www.goodreads.com

http://www.brainyquote.com/




http://www.goodreads.com/

http://www.goodreads.com/


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The CIHC spotlights -----!

We hope to have some interesting news in the near future from several CIC

owners who are fighting for their rights! IF you have an inspiring story OR

successful strategy, please submit your article for publication in our newsletter.

UPDATE: good news from Alexandria Condos. They have re-opened their

community swimming pool after several years of its being closed. I have heard that

some communities are closing/removing/destroying amenities due to a very tight

budget. BUT, is that in the best interest of the community for the future? (You can

read about this topic in past issues of the NJ Cooperator.)

Alexandria decided to close the pool temporarily and then re-open it when they had

the needed resources. The resources came from the NEW Board and Property

Manager working together to find the money in the budget that the previous Board

and Property Manager could not. Amazing what a new set of eyes (and ethics) can

find! KUDOS! Enjoy your pool and the summer!


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We welcome contributions from NJ residents who share in the goals/mission of the C-IHC. We

need funds for: maintenance of our website, postal mailings, flyer production & distribution,

expenses for contacting legislators and others, travel, periodic meetings, speakers, etc. IF you

share our Mission and Goals, please contribute. We are a registered NJ 501(c)4 - not

for profit organization.

Please print out this form & send your helpful Contribution to become a CIHC Friend:

Common-Interest Homeowners Coalition,

Post Office Box 1511, Hightstown, NJ 08520.

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Documents

Read our FALL 2016 Newsletter!