Deborah Goonan

Deborah Goonan

Lord Acton said ” power corrupts and absolute power corrupts absolutely.”  And if what is happening all around us is not proof that he was bang on target, I don’t know what is.  I can list all the rights and freedoms Americans have lost and are losing at all levels but this week I want to focus on the most innocent and vulnerable among us – our children.  Yes, they are being targeted by the bullies in HOAs and in local governments. For generations kids have been allowed to set up lemonade stands, make and sell lemonade to make some pocket money, help their parents meet their expenses, raise money for charity and even for neighbors.  They have learned so much and, along the way practiced being responsible adults.  But that’s not good enough. 

Deborah Goonan joins us On The Commons. Deborah has a blog called  Independent American Communities   where she blogs about everything that is happening in America’s HOA controlled neighborhoods  and also the non HOA controlled communities. But as we learn today, it is not just HOAs that behave like thugs and seem to exist solely to “enforce, enforce, enforce”.   Local real governments seem to have jumped on the bandwagon and will apparently do anything to increase their revenue, even at the expense of children. We’ll talk to Deborah about two states, Texas and Colorado, that have enacted legislation allowing children under 18 to have lemonade stands without having to get a municipal permit to do so.  Can you imagine forcing a 5 or 6 or even an 11 year old to pay outrageous fees for a permit and then FINING the child if they neglected to get one?  These two states appear to be role models because other states are also contemplating legislatively allowing children to be children, including New York.  The other piece of good news I have for you is that  Country Time, makers of lemonade have set up a Lemon Ade,  for a brief period of time they will pay for fines incurred for setting up a lemonade stand as well as permits paid for – with proof, of course. 

So proud of the children who are standing up for their rights.  Be sure to watch 8 year old  Branson Burton’s testimony  in front of the Texas committee on State Affairs.  Kids like Branson give me hope that all is not lost.

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2 thoughts on “Deborah Goonan”

  1. Hello Deborah,

    My name is Darlene and I have gotten in touch with Ward Lucas and he told me to get in touch with you on my delema.

    I recently read the article, in regards to a Fake HOA and thought, FINALLY!!! Someone else has had the same problem!!! I’m not alone!!

    Fake homeowners association files real liens on Northland neighborhood after fake bills go unpaid – FOX 4 Kansas City WDAF-TV.

    http://fox4kc.com/2018/02/08/fake-homeowners-association-files-real-liens-on-northland-neighborhood-after-fake-bills-go-unpaid/amp/

    Now maybe someone will listen and something will get done to bring this group of theives to justice.

    I have been dealing with a fake HOA, that started in my community back in the 90s.

    I have written and spoke with every government agency; Secretary of State, Attorney General, Securities and Trades Commission, Consumer Affairs, Federal Fair Housing Authority, Federal Fair Trade Commission, Federal Fair Dept Collection Authorities, US Mail Service, FBI, Sheriff Dept., DA, County Recorder, City Business Licensing, City Council, etc., etc., trying to bring charges upon the culprits in the scam, to no avail. They all said it was a civil matter.

    It all began, back in the 90s, by a couple who own a home in the community, to scare the homeowners into paying a fee to keep the pool area maintained (the landscaping has never been developed. It’s covered in crabgrass and goatheads.), by getting an attorney friend to write up a whole legal HOA packet, with all the forms, needed to create and run a legal HOA, but never made it legal.

    They never campaigned for, called a meeting, held an election or voted to create the HOA. They did inform a few of their friends, who were also community homeowners, what they were going to do, to get the non payers, to pay up, or take their homes.

    They never applied for a license or registered the HOA with the attorney general’s office, secretary of state; or the city. They never applied for an EIN, with the IRS, let alone informed any agency ( other than the health dept, for the pool license.). They never opened a bank account in the name of the HOA, or held an election, to create a board of directors, never held any HOA meetings, or any elections.

    They, in essence, committed Collusion, along with numerous types of fraud, for the purpose of Coercion and many other criminal acts, which I will list later on.

    In 1960,The original developers, who recorded a CC&R, defaulted on the loan, before completing any of the homes. They were all framed in, at most. The bank foreclosed and split up the land, auctioning off our community, 2 yrs later, to a new developer, as is. with no CC&R, no warranty, nothing.

    New developer, never creates a CC&R or HOA. Instead, even though the deeds claim 1/14 common interest, holds title to common area and uses it to secure future development loans, Then in 1980, it looks like a homeowner buys the common area and boosts the property value and gets a 600,000.00 + loan, so a savings and loan currently owns our pool area, according to the assessors office.
    I brought one lady to court, after she fraudulently placed two illegal liens on my property, under the guise of the secretary of the fake HOA, after I told her, I wanted legal proof of the HOA, in way of, a copy of the license, a copy of bank statements, bills, receipts, meeting minutes, election outcomes, all correspondence she had with the previous owner ( who left me the property in a trust upon his death), in regards to this matter, the proof of EIN, along with letter of tax exemption,copy of pool license and a list of all board members, as well as homeowners, with addresses and phone numbers.

    I received 2 previous letters that she had wrote to me and a copy of the illegally recorded liens.

    I informed the attorney, I hired, that I wanted the case to go to trial, for I was seeking monetary damages, for the cost of a roof replacement, mold removal, new insulation, paint and anything else that needed repairing (explained in detail, next paragraph). Medical costs, for my boyfriends health has severely deteriorated, due to the mold, pain and suffering, for both of us, for both our quality of life has diminished,the liens removed (at her expense), order her write a letter to all the homeowners, within the entire subdivision, stating that there isn’t and never was an HOA and that nobody has/had any right to lien anyones property under the name of any HOA, (except for if a homeowner agrees to join a legally created HOA, in the future), victim restitution and reimbursement to all the homeowners that had liens on their property or, were foreclosed upon, legal and attorney’s fees and finally, I wanted to request that the judge order a criminal investigation, by the DAs office.

    The reason for the new roof was because, I and the previous owner had been fighting for her to remove the liens and prove the legality of the HOA, for so long, (since 2012, at least) that my roof, which initially needed some repairs had deteriorated to the point of disrepair and started leaking, causing all kinds of issues. I didn’t qualify for any government programs, or loans, with the liens still in place and I sure as hell wasn’t go to pay the liens, that were illegally recorded, by a fake entity.

    Unfortunately, I had an incompetent attorney and not enough money to hire a better one.

    The attorney told me it went to arbitration and he settled, which later I found out, he settled out of court, against my wishes, to a no fault settlement, that stated she was to give me lien releases, that I’d have to pay the recorders office, to have the liens removed. (The recorders office rejected the forms I received).

    He altered documents and added my signature (cut & pasted) to some. He ordered that I pay him cash, under his office door, after hours and would never give me invoices, or even kept track of my payments.

    He sexually harassed me and spoke to me about the case and financial situation of an acquaintance, that I referred to him, and then spoke to them about my case and finances.

    I refused to pay the attorney, for his incompetence, so he filed on me in small claims.

    I tried to explain to the Small Claims Judge that the plaintiff did nothing of what I hired and paid him for. How I wanted the original case to go to trial and all that I was seeking, but instead, the plaintiff, my attorney settled out of court, against my wishes, that favored and benefited the opposing side.

    The judge wouldn’t listen to me. It was evident he was siding for the attorney, for he wouldn’t let me get a word in edgewise. He cut me off and asked me what we were doing there, for I got what I wanted, since the liens were removed. When I told him they weren’t removed and presented the evidence, the judge asked the plaintiff to take care of the matter so I can remove the liens, so the case can be resolved and gave us another court date.

    I saw where the Judge was going with this, if the liens were removed then I would have no defense in the attorneys small claims case against me and I would have to pay up.

    Upon leaving the courtroom, the judge said to me, off the record (of course) that I had better settle this matter out of his courtroom , or it was going to cost me a whole lot more than what the attorney’s seeking.

    I and my work field supervisor, met the attorney, at his office, later that day. He illegally wrote up and notarized lien releases, while telling me not to bring the original forms with me, to recorders office, for what he was doing was highly illegal (I have an audio recording). I would still have to pay to have the liens removed.

    Those liens are no longer in place, for they timed out and were removed by recorders office. I would have never paid the release fees, for I didn’t feel I should pay for someone else illegal activities, for then, I wouldn’t be any better than the people I’m fighting.

    If that weren’t bad enough, the lady that I originally sued, for recording the liens by misrepresenting herself as the secretary of a fake HOA, billed all the homeowners a special assessment for the cost of her attorney fees, travel expenses, to and from Fresno and a fee for her aggravation, then handed all the fake HOA paperwork over to Carol Pfannkuche, the lady who originally started the fake HOA, then sold her house and went back to Fresno. For she was informed that she could be arrested on a multitude of criminal offenses, if she continued on with this fake HOA, since she was aware that it wasn’t/isn’t a legal organization, she would not be able to plead ignorance.

    On Oct, 16, 2016, the homeowner that started the fake HOA, Carol Pfannkuche, brought everything to Associa, Desert Resort Management Inc. and fraudulently signed into contract, with the, above named, management company, to manage our pool area, under the guise that she was “HOA President” and was representing our “Board”, which they claimed had voted to have Associa manage our common pool area, which is owned in common interest by 14 Homeowners, without ever informing or asking any of the homeowner, (other than their friends who originally knew and accepted the scam, back in the 90s)

    On Oct.17,2016, they filed the HOA with Secretary of State. Still not letting anybody know. then on Nov. 1, 2016, they registered it with the Attorney General.

    They can’t plead ignorance in all this, cause Associa knew what they are doing and the Barbara and her husband are longtime owners of the prominent business, Palm Desert Cabinets Inc. So as a successful business owners, I’m quite positive they are both aware of the laws, concerning the does and don’ts in running a business and her husband who claimed, back in the early 2000s, to be Vice President, is now listed as executive Officer. Besides, she told me, 4 yrs ago, that they used the fake HOA to sound more organized, to get people to pay for the pool maintenance and have leverage against the non compliant.

    Associa has been aware, all along, what was going on, because they immediately applied for non profit license and registration, of an “HOA”, named “Country Club Village Pool 1- A Inc.”, for our pool area, with the California Attorney Generals Office, then waited for the license and registration to be approved, before sending the Homeowners, on December 1, 2016, a letter, stating how thankful they were that our “HOA Board Members” chose them to manage our pool area, beginning January 1, 2017. A members authorization and contact form were included, for each homeowner to fill out and return (which I didn’t), as well as a bill for $625 + $125 late fee (huh?) due Jan.1, 2017, stating our board saw the need to raise our regular assessment (which I didn’t pay).

    Included was a copy of the fake HOA collection practices. Which, to me, appeared to be a form of coercion, by stating that if the fee wasn’t paid on Jan 1, 2017, that they would place liens and eventually foreclose, which scared everybody into signing and paying.

    I immediately called them, to inform them that there is no HOA, no Board of Director, no president, so whoever hired them did it illegally and fraudulently. I stated I had proof. The person I spoke with asked me to email the proof, which I did, as well as asked who hired them. I then received an email saying our board hired them and they have a contract. I informed them the contract was fraudulently signed into, so what they were doing was illegal.

    This went on for a month, at least, until I finally confronted an Associa employee on our street and asked him how they were planning on getting away with this, who seemed completely stunned. When I said I’d been trying to find out who signed into contract with Associa, he gave me his card and said to email him in 10 minutes and he’d send me the contract, for I had every right to have a copy and he didn’t feel comfortable managing a pool, that they legally had no rights to manage.

    I received the contract through email, but could no longer get in contact with that employee, all future emails went directly to the local office’s vise president, who was trying to baffle me with B******t, until she realized I had way more information and done extensive research on the matter of this Fake HOA.

    The next letter they sent out, on Jan 12, 2017, was to inform the Homeowners that in March, 2017, Associa was going to hold a meeting to elect 3 members for the board

    They sent everyone a self nominations form, to nominate oneself for 1 of the 3 positions on the board, but 2 positions were already nominated prior to having a meeting to count nominations, or any kind of meeting, in regards to their HOA. Carol Pfannkuche, who created the whole fake HOA and doesn’t even live in the community, but owns a rental property here, was already nominated to be elected as President and her long time friend Manuel Gonzalez was nominated Vise President, who also doesn’t live here, in fact, he lives in Norco.

    I went to a meeting in mid March, to ask how an HOA Board could have voted to have Associa manage our pool area, in Oct., 2016, when they are holding an election in March, 2017 to hold an election to create a board, for our new HOA, that nobody agreed to.

    There weren’t enough homeowners present to hold the election, or even discuss any business matters, in regards to our community, but they did discuss lots of matters.

    I also informed them that they couldn’t make any homeowner join a newly formed HOA, in an already established community, so they had better not send me any bills or attempt to record liens on my property, for I refused to participate in,or fund a fraudulent organization. They Associa member agreed, that I was correct. They couldn’t make me join.

    They asked to set another date for the election and still needed one more nominee. I asked uf they could set the meeting for 5:30-6:00 pm. They attemotef to bribe me with, if you join, pay your dues and come vote, then they’ll set the meeting for 5:30 pm. (Bribery). I never went, because I still refused to support a fraudulent organization.

    On April 5, 2017, they sent another letter, stating the the two nominees were elected to the board, for 2 yr terms, on March 29, 2017.

    It also stated that at the next board meeting, on April 17, 2017, they will appoint the 3rd member.

    The outside unbiased party that was at the election is an Associa, inhouse realtor, on salary.

    They also charge $200/owner for landscaping and the pool lot is all weeds, stickers and goat heads. You can’t walk through to the pool.
    I never received another letter stating who was elected as the 3rd board member, but they keep sending me an assesment bill, every month, with an occasional “threat” notice of intent to lien.

    Well, they finally placed a lien, in the former deceased, since Feb. 2015, owner and have placed it in foreclosure, under me as the owner, which is different than the lien. It is set for sale, Nov 13, 2019.

    As far as I am concerned, this is a form of Coercion and Harassment.

    During one phone conversation with Director of Management, Rhonda Drew, she asked me, what I thought I was going to do about it. Take them to court? To go ahead and try. They are an International Company and I was a broke nobody. They would sink me and own my home, before it even came close to a courtroom, cause their multi million dollar attorneys would ruin me in extensions, continuances and legal red tape, so I might as well just give up, give in and pay my assessment, like everybody else.

    I take care of my 71, disabled, boyfriend, who is pretty much a shut in, cause he’s in the advanced stages of COPD, has severe Rhumatoid Arthritis and a broken back. He will never survive a move.

    I have no money for an attorney and they know it. I don’t know where to turn.

    I Don’t know how to keep my home.

    If I lose it, I Don’t believe my boyfriend will live through it, for he is terminal.

    It’s a perfect example of David and Goliath. Only in this case, the court system, especially in Riverside County have no respect or patience for the little guy, who can’t afford council.

    The constant worrying whether they are going to take the next step to collect, what they have no right to has affected my health, my nerves, mental status, sleep pattern and ability to performing simple household chores and repairs.

    I fell behind on the property taxes, because I put all my money into the attorney, for he said it was an open and shut case and we couldn’t lose. Boy was that a mistake!

    I currently am unable to work, for I have to stay home and care for my boyfriend, who’s health keeps deteriorating, from the mold, that is caused by the leaking roof that we can’t afford to replace and don’t qualify for any government grants, because of the taxes and liens.

    I’m hoping that telling you my story, maybe somebody might just listen and stand up to these Bullies and make them accountable for their actions, which hopefully will show the city, county, state and/or Washington that an HOA is not their own mini city within a city, with it’s own government, but a non profit organization, that is nothing more than a business. It has a business license, a board of directors, like a business, a president, vice-president, Secretary, etc., etc., just like a business and is subject to criminal prosecution, like any other business.

    If the FBI is willing to raid Palm Springs City Hall and arrest City Officials for criminal fraud, bribery, perjury and other criminal acts of corruption, making them accountable, then why is nobody willing to raid, or charge numerous people and make them accountable, for all the crimes they continually commit, with no fear of prosecution?Such as, to name a few, Collusion, tax, mail, business, real estate, bank, fraud, forgery,, altering and falsifying legal documents, misappropriation, misrepresentation, embezzlement, ID theft, coercion, property theft, corruption, perjury…

    This isn’t a tiny little story, this is bigger than you, I and all Homeowners.

    There are 9 separate pool areas in our subdivision. Each owned in common interest by 14 homes that encircle the pool area. At least 2, possibly 3 other pool areas collect pool fees on the guise of an HOA that doesn’t exist.

    The CC & R that they are using is not enforceable, for the original developers faulted on the bank loan, so the bank foreclosed before the construction was completed. They sold the whole subdivision to another development company, without a CC&R and the new developer never created and registered there own.

    They, instead, stated in the description that each pool area was owned in 1/14 common interest, by each individual homeowner, to be maintained by each group of 14 properties in whole and decided by said 14 property owners, but the developer held on to the titles of all the common areas, to use the equity as collateral towards loans for future development projects. Until a property owner gave them an offer to purchase the common area to raise their property value, to obtain a greater loan to purchase another investment, while all homeowners have to pay the property tax for a common area that they believe to have 1/14 interest in, but really have no interest in.

    It is a huge can of worms.

    For instance, our pool areas entrance and address should be 42511 or 32513 Stephani Cir., Palm Desert, CA., where the public access gate is.but the address is listed as 74547 Merle Dr., the very address of the Pfannkuche’s rental property, which shows two different APN and two property values, but they manage to get the deed to our pool area transferred to them which they continually use, to get equity loans. A mortgage Co owns title, as I write this.

    As far as I know, it is embezzlement and property theft and real estate fraud, bank fraud, so on and so fourth.

    I hope you can investigate this fraudulent scheme and bust it wide open, so that, maybe somebody will be able, or willing to assist me
    at bringing these people to justice and save my house.

    You can email me or text/call at 442-666-1578. Please leave a message, for I screen my calls.

    Thank you for your time.

    D.Demiraiakian

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