Donie Vanitzian’s murderer  still waiting trial after 4 years

Three days after Xmas on Dec. 28, 2017, L A. columnist and strident homeowner rights activist Donie Vanitzian died at the hands of her husband of 35 years, Tom Foster. She was 67. It was a murder-suicide incident according to the police. Foster was charged with murder and plead “Not Guilty By Reason of Insanity.” The case is still pending with a series of pretrial conferences scheduled for a number of years now, which I believe must be related to his insanity plea.

Please note that criminal court records are accessible by the public either at the courtroom or remotely by means of computers at the courthouse.  This April 22 another pretrial conference is scheduled and I am hoping someone can drop by the courthouse and access the minute/orders and bring us up to date.

The January 2018 British Daily Mail article, describing Foster as “a former British nightclub tycoon,” depicts their relationship.

Many long-time advocates will remember Donie Vanitzian (1950 – 2017) and her strident, outspoken activism displayed in her emails, in her L. A. Times column, Associations, and in her texts: Villa Appalling!: Destroying the Myth of Affordable Community Living, Vanitzian and Glassman (Villa Appalling Publishing 2002); California Common Interest Development — Homeowner’s Guide,  D. Vanitzian (Thomson-West Legal Publishers, Series: The Expert Series (2006).

* * * *

I worked with Donie from 2006 – 2016 on CLRC ‘s rewrite of the Davis-Stirling Act and in defending her, when she called from time to time at wits end,  against attacks by the Evil Empire attempting to remove were LA Times column and to discredit her in general. We fought like hell, along with Elizabeth McMahon (AHRC), to get a member’s bill of rights included in the rewrite but failed. I admired her and had respect for her knowledge and energizer bunny activism.  We chatted in private. She had a JD but kept on failing the Bar exam and I understood why. She did not accept the establishment’s version of justice and the judicial process.  She had those to-the-point views and criticisms of the Evil Empire and its loyal followers.

In 2006 with her help pretending to be doing research as an adjunct professor,  I was able to get a copy of the 400+ page, 8 ½ x 11 The Homes Association Handbook, TB #50 at a cost of $180.  We split the cost. You will not find this document anywhere, not even on Amazon.

You can read the Jan. 7, 2018 L.A. Times tribute to Donie by Andrew Khouri.  “Champion of Homeowners’ Rights”

In memory of Donie’s dedication to justice, fair play, and to protecting homeowner rights, I would like to list a number of events that I had recorded as a Commentary over the years, and  revealing a number of incidents that I had occasion to record.

·         Realtors: Are they protecting buyers or the HOA? (May 2006)

·         Common Interest Developments – Homeowner’s Guide (Thomson-West) (Oct. 2006)

·         Homes in HOAs are Lifetime Collateral for HOA Survival (Oct. 2006)

·         AB 1921: The CLRC recommended HOA special interest bill (Jan 2009)

·         Why is CAI member firm of Adams Kessler allowing criticism of LA Times HOA column? (Oct. 2011)

·         Is there a CAI game plan to rewrite HOA CC&Rs to restrict member voting powers?  (Feb. 2012)

·         LA Times column: protecting your HOA property (Nov. 2016)

AZ GOV committee hears the voice of HOA members

The Arizona GOV committee meeting on HB 2158 yesterday heard the voice ot the HOA homeowners  — the HOA citizens — on the need for HOA regulation and control of rogue boards. The members heard the horror stories, and were made awareof lack of free political speech as enjoyed by non-HOA members.

The bill passed 7 – 0 with 131 owners submitting their support for the bill, using the RTS (Request to Speak) procedure, while just 3 RTS submissions were against the bill.  This procedure allows the public to submit a short statement for or against a bill, with the option of speaking at the meeting.  All submissions become part of the public record and are accessible by the public.

Here is a sample of the FOR submissions at both  the earlier House (195 FOR; 31 Against) and Senate hearings, by the owners themselves and not just board members:

  • This bill is necessary to prevent the abuse of fundamental rights or free speech and assembly. Please support it.(WD)
  • Homeowners should be able to use all the facilities of the HOA to express their concerns and ideas abou8t HOA business.  Please support this bill. (PF)
  • Please protect homeowners rights to voice their opinions without fear of retribution (KHW)
  • This bill seeks to protect homeowner’s ability to participate in the governance of their communities and to express their support or opposition for board candidates or community ballot measures in an attempt to influence the outcome. (D Legere)
  • It is criminal how HOA Boards are allowed to infringe upon one’s right to assemble/speak and impose their beliefs. (LN)
  • HB2158 will allow homeowners to engage each other over concerns for the betterment of their communities. (SP)
  • Please vote to protect the homeowners right to show support or opposition to HOA Board candidates.  The suppressive measures that our board takes is board line criminal.   (RW)
  • This bill will help empower homeowners to fight against overbearing board of directors. (KC)
  • We need to pass this legislation to protect the right of assembly and to redress the government for those who live in HOAs.  Vote yes for this bill.  (JR)
  • HOA’s should not be allowed to restrict a home owner’s freedom to assembly or free speech. Regardless of which side of the ballot the home owner votes on. (LS)
  • Homeowners are handicapped from effective political participation in HOA governance and fair elections will make a difference. (yours truly)
  • It prohibits HOAs from infringing on Constitutional rights of owners during HOA elections.  Two thumbs up!  (CS)

Yes, ’n’ how many times can a man turn his head Pretending he just doesn’t see?

The answer, my friend, is blowin’ in the wind The answer is blowin’ in the wind

AZ fair election bill HB 2158 moves on

Arizona HB 2158 passed the Senate GOV committee 8 – 0. YES!

I congratulate the speakers supporting this bill who told horror stories and made substantive issues of unconstitutional actions by HOAs.   It was a broad bill to establish fair election and voting procedures concerning HOA governance issues.

I call to everyone’s attention my “Mgmt Case Studies” 1 and 2 reveal deep violations of the laws and governing documents by large HOAs.  Worth reading at https://pvtgov.wordpress.com

Management Case Study #2 –  court HOA receivership; attorney sued; case sealed

“The events of 2008 – 2012 presented here span wrongful acts by an Arizona HOA and its attorney resulting in a court appointed receivership, and leading to the attorney being sued for aidding and abetting, among other things.  The case then disappears from county court public records and the outcome remains unknown.

“‘Defendants have conspired to take over their homeowners association . . . for improper purposes. Defendants have utilized the Association to gain control of as much property in the community as possible, through improper means .’

“[The HOA atorney] was personally sued for: ‘Breach of Ethical Duties: Disgorgement; Aiding and Abetting; Professional Negligence; Breach of Contract; Breach of Fiduciary of  Duty.’ 

“I do not have any additional court filings, either updates or final disposition.  In May 2012, after 1 ½ years of silence,  I looked into the court records only to discover that the case disappeared from public view.”

Read the full 5-page case study here.

protected speech concerning HOA governance

Last month I urged  all HOA members to support Arizona’s HB 2158,

“Many courts have referred to the Declaration of Covenants, Conditions and Restrictions (CC&Rs) as the HOA constitution.  Arizona’s HB 2158 is a second try (Arizona HB 2052 restores homeowner constitutional speech protections ) to prohibit restrictions on HOA members’ freedom of political speech with respect to HOA governance issues and matters.”

(Do you stand behind the US Constitution or your HOA ‘constitution’?)

The bill addresses the right of members to free political speech on matters affecting the governance of the HOA by specifying such rights and prohibiting HOA interference with these rights.  While the bill refers to “association-specific” signs, it is a giant step toward HOA democracy by creating a fair election and voting process, affecting procedures now dominated by the pro-HOA governing documents.

You can read the itemized “freedoms” here.  Just a few,

  • Defines an association-specific political sign as a sign that supports or opposes a candidate for the board or the recall of a board member or a condominium or planned community ballot measure that requires a vote of the COA or HOA owners.
  • Prohibits a COA or HOA from prohibiting or unreasonably restricting an owner’s ability to peacefully assemble and use common areas of the COA or HOA,
  • [prohibits] making any other regulations regarding the content of an association-specific political sign,
  • Allows an owner to invite one political candidate or guest to speak to an assembly of owners about matters related to the respective condominium or planned community.

The bill passed the House and will be heard all over again, as required by law, in the Senate this Monday, March 14th.  The Senate has always been a “stopper” of HOA reform bils; your continued, loud and clear support is necessary.

Email the Senate Government committee members NOW! 

Sonny BorrelliVice-Chairman
Sally Ann GonzalesMember
Theresa HatathlieMember
J.D. MesnardMember
Martin QuezadaMember
Wendy RogersMember
Kelly TownsendChairman

If familiar with the Legislature’s RTS procedure, sign on and make your voice via RTS, which is read by the committee members and made part of the record. Instructions on how to set up your RTS account can be found here.  It may look complicated but it simple, just fill in the boxes.  Your RTS can be used for any bill by just entering the bill number. 

Unfortunately, you must set up your account at a kiosk at the state capitol, after which youc can access your account from your home.