[nagdu] Update on CA Guide Gog User being harassed by HOA,

[Tina Thomas]

Hello call my is Tina Thomas nine the president of the California Association of guy dog users and I have not been able to get to my computer I don't know who you are spoken to in the Nfb of California but feel free to email me and let me know if we can help you thank you to the Thomas Pres. California Association of guy dog users

Sent from my iPhone

> On Apr 2, 2014, at 12:05 PM, "Karl W Mundstock" <karl8422 at roadrunner.com> wrote:
> 
> Good day all
> 
> Sorry to bother everyone with this, and I never speak up on this list –
> mostly because you all know so much more than I at this point – but I need
> to get the word out about this situation.
> 
> 
> 
> Guide Dogs of America is picking Tucker up tomorrow to board him due to the
> stresses of the intimidation, harassment and discrimination going on at what
> supposed to be my “safe place”
> 
> I want to make clear, GDA is picking up tucker to be boarded BY AGREEMENT
> AND CONSULTATION with me. We all feel this situation is potentially
> dangerous for Tucker and his well being comes first.
> 
> 
> 
> I have contacted NFB officials outside California as I am getting no
> response from my own state officers. I am prepsred to move forward with
> legal action but I need advice and possibly help. I just want to get this
> story out there in the hopes some one, somewhere can lend a hand.
> 
> All the best,
> 
> Karl and Tucker
> 
> 
> 
> My story follows:
> 
> 
> 
> Good Day,
> 
> My name is Karl Mundstock; I am a recent returnee to my childhood home in
> the Yucca Valley area. 
> 
> 
> 
> In late December 2013/early January 2014 I was approved for application to
> live in the Apache Mobile Home Park, located at 56254 Twentynine Palms
> Highway, Yucca Valley, CA, a 55+ resident-owned mobile home park in order to
> buy a home, my first. Special circumstances applied that would qualify me
> for residency despite not meeting the age requirement; specifically that I
> am visual and hearing impaired and I use a guide dog for mobility.
> 
> 
> 
> The condition of the lot/space on which my home sits was represented to me
> by both the park and the seller prior to sale as requiring minor repair,
> which I did not worry about at the time. After my application was approved I
> moved forward quickly with the sale. Before you ask; YES, I had what I
> thought were reliable "eyes on the ground" to assist me in my due diligence
> process and to advise me of the overall condition of both house and lot
> prior to sale. These park sources also misrepresented the condition of the
> lot to me. The seller of the house was more concerned about due diligence on
> the house, its attachments and related structures and mentioned the same
> need for repairs to “the driveway” when asked.
> 
> 
> 
> Not knowing what would become the shocking facts beforehand despite my
> inquiries and requests for detailed descriptions, I went ahead with the
> purchase and moved into my new home on 30 January 2014 only to discover the
> lot/space is bare dirt, unimproved, hazardous for mobility, degraded and
> neglected by the park due to alleged legal action with previous home owner;
> said legal action having concluded seven years prior (!) in October 2007. I
> have researched this online through public records open access on the San
> Bernardino County Court site and indeed there was a court case. However no
> current action is pending regarding this case, and hasn’t been since 2007. I
> don't understand, therefore, why the park has delayed work on this lot,
> especially after the sale of the home.
> 
> 
> 
> Recent rainstorms have further degraded the lot on which my home sits,
> causing my home to sink, lose stability and become unleveled after I had
> paid to have it straightened and leveled in February 2014. My lot is clearly
> in a substandard condition. I have taken date stamped pictures and video of
> the February/March rainstorms as the further damaged the lot/space.
> 
> 
> 
> I cannot make the improvements and repairs I require to safely navigate my
> home and surrounding lot until the park makes repairs to their property;
> repairs for which they are legally responsible. The board president and
> other board members made verbal promises to me regarding when and how my
> space would be restored to a livable condition, promises which I could not
> get in writing because they refused and kept changing what they promised to
> fix. Park management has also refused repeated requests for me to meet with
> their governing board privately regarding the condition of the lot, the
> promised remediation, accommodations required and the timetable for same.
> The one public board meeting I attended and attempted to voice my deep
> concerns I was shouted down. The mob rules here, apparently.
> 
> 
> 
> I did not and could not have altered the property to such a decrepit state
> in such a short time. The condition of the space was represented to me by
> the park as "driveway in need of repair" and "possible tree removal
> required". Minor repairs about which, again I had no worries. Promises of
> detailed rehabilitation of the lot have been verbal and subject to change,
> on one notable occasion multiple times within one 24-hour period.
> 
> 
> 
> I have been told by park management that the condition of the lot is an
> issue "between buyer and seller". It is true that the condition of the home,
> its attachments and associated structures are indeed my responsibility. But
> I'm not talking about the home, its attachments and associated structures. I
> am talking about the land on which they sit, which is park property, which
> is their responsibility.
> 
> 
> 
> I have contacted Housing and Community Development’s Mobile Home Ombudsman
> office and they are sending me paperwork to initiate a complaint. This
> complaint was filed on March 13th, 2014 via US Mail; I have not heard
> anything from HCD since. I have contacted the Riverside HCD Inspector’s
> office and I arranged an inspection of the lot. This inspection did not meet
> their criteria for immediate action; I am not currently in danger of death
> or severe injury as a result of the condition of this lot. I have available
> for review a number of still photos and much video dating from my arrival up
> to the past February 27-March 3 storms, illustrating the damage occurring on
> the lot as it happened. I am hoping the park will see reason but they are
> moving much too slowly. The board withheld work on the lot until the title
> was officially transferred, and then made excuses for further delay. To my
> knowledge this is not how the process normally occurs when a lot must be
> prepared for a new owner, whether the home is an in place purchase or
> whether bringing in a new unit. They allowed me to spend 675 dollars on a
> releveling job when they knew the lot underneath my home was not properly
> configured and had deteriorated over the seven year occupancy of the
> previous owner. 
> 
> 
> 
> My issue also with the home seller as far as the home is concerned due to
> his misrepresentation and failure to disclose the true nature of the issues
> with the lot, home and park management. There are a number of very severe
> issues withthe home that, had they been known would again have influenced my
> decision to buy. I ask the seller be separately held liable for failure to
> disclose. I will have ample evidence of this non disclosure, including an
> inspection report I describe later in this letter. 
> 
> 
> 
> As a new homeowner my main issue, however is with the park, the horrible
> condition of the lot and their unwillingness to fix it in a manner that my
> guide dog and I can use it. The park has more than enough money; in fact
> they have consistently run in the black for the past year/years, have
> hundreds of thousands of dollars in savings and are collecting 10 dollars
> from every tenant every month in order to help pay for sewer improvements
> that have yet to occur.
> 
> 
> 
> I have resisted running to a lawyer as I wished to exhaust all other means
> of resolution first; regrettably however, it really is time to consider
> legal action. The governing board of this park have no legal grounds to
> force me to pay the same rent as other residents for what is clearly a
> substandard, unsafe, and unequal lot. I have not even begun to research the
> potential ADA/California Civil Code violations related to disability
> discrimination; my concerns have focused mainly on state HCD and MRL
> violations.  I am one person, on a fixed income and every penny I saved is
> sunk into this trap into which I have apparently fallen. I had a savings
> plan that would have gotten me pack to good as soon as the home was paid off
> next year, but now due to insurance claims, repair costs and the loss of
> income due to interference by park management, especially the board
> president, in my attempts to bring qualified contractors out to assess the
> damage can only be described as nothing short of banana republic
> intimidation tactics.
> 
> 
> 
> Time is critical. 
> 
> 
> 
> As of March 3, 2014 my house has begun to sink and shift into the lot.
> Damage to my home has occurred as a result. The park has ignored my repeated
> requests to address this issue as is their obligation under California
> Mobile Home Law, Civil Code 798.83, which states in its entirety:
> 
> 
> 
>        In the case of a sale or transfer of a mobile home that will
> 
> remain in the park, the management of the park shall not require
> 
> repairs or improvements to the park space or property owned by the
> 
> management, except for damage caused by the actions or negligence of
> 
> the homeowner or an agent of the homeowner.
> 
> 
> 
> The park is attempting to force me, a new homeowner, to take responsibility
> for their ill-maintained lot and their issues with the previous owner;  said
> action obviously a contradiction of the above civil code.  I submit that
> ignoring my repeated requests for maintenance and otherwise not providing
> said maintenance up to and including my requested and agreed upon reasonable
> accommodation is the same as telling me I have to pay for my own repairs.
> The park’s failure to act, in effect requires me to pay for the damage to
> the lot myself.
> 
> 
> 
> 
> 
> This situation is out of control and I will soon be rendered homeless by the
> park’s negligence.  
> 
> 
> 
> I can provide a tour of the property, supporting documentation including
> still photographs of the damage to my home and video of the recent rains
> washing away the lot from under my home as it happened. I appreciate your
> kind and prompt attention to this matter.
> 
> 
> 
> Sincerely,
> 
> Karl W Mundstock
> 
> 56254 Twentynine Palms Highway
> 
> Space #19
> 
> Yucca Valley, CA
> 
> (510) 717-7763 mobile
> 
> karl.w.mundstock at roadrunner.com
> 
> 
> 
> 
> 
> Addendum, 1 April 2014:
> 
> Every contractor I have hired to observe and report on the condition of the
> park’s property has been contacted by current park management who have
> consistently and repeatedly interfered with the process of obtaining
> information. The board on March 14th agreed to have a local mobile home
> contractor, Merriman’s of Yucaipa, CA, to inspect both home and lot in order
> to produce two quotes: one for the cost of fixing the storm damage to my
> home and to repair their lot and a second quote to estimate the cost of
> moving the unit to a properly configured available double wide space within
> the park. The board was supposed to initiate this request. They did not
> accept responsibility for doing so; I did.
> 
> 
> 
> The result of that meeting was that Merriman’s owner himself came out,
> talked about the house damage, and stated for the record that the original
> single wide lot on which this home sat was sound. This he said while
> standing on a part of the lot that had been eroded by the storms to the
> point where holes were present between the lot and the edging of the
> drainage culvert. He also asserted the “soundness” of the original lot
> despite the facts that the entire lot had been reconfigured to fit a double
> wide unit, including requiring the utility boxes to be moved, the original
> asphalt driveway to be ripped out and trees being cleared (stumps were not
> removed, leaving a vector for future termite infestation). Mr Merriman was
> shown clear evidence to that effect. He continued to insist there was no
> erosion damage, despite the numerous videos and photos I possess of the
> storms creating the damage in real time.
> 
> 
> 
> On March 27, unbeknownst to park management, I contracted an independent,
> ASHI-Certified inspector to observe and report on the condition of the home
> and what might have caused the buckling and rippling of my walls. This
> observation was requested on top of my request to outline the state of the
> home in order to establish what the seller did not disclose to me as
> required by law; a separate issue on which I will act as soon as possible.
> The inspector’s report confirmed evidence of erosion under the home,
> confirming that the most likely cause of the damage to the home as a direct
> result of the storms was likely to have been caused by erosion of park
> property; to wit, the lot.
> 
> 
> 
> Other problems with the home, undisclosed to me by the seller and detailed
> in the independent inspector's report, again are separate but I believe
> actionable issues that should be incorporated into any legal action.
> 
> 
> 
> The problems I face here are considerable. I have contacted the Guide dog
> school from which I received my guide and discussed this situation. While we
> agreed that life happens and stress is an everyday part of life, the stress
> currently and increasingly inflicted upon me by current park management,
> including; harassment, bullying, public humiliation, libel and continued
> neglect of park property have made my home unstable, unsecure and unsafe for
> my guide. On Wednesday or Thursday of this week - April 2nd or 3rd - the
> guide dog school will arrange to pick up my guide dog and take him to be
> boarded until this unprecedented situation is resolved. If/when this occurs
> I will have no other recourse but to file a lawsuit against the park. This
> will endanger many innocent folks whose rents and income will be adversely
> impacted by any legal action, as the cost of such action will inevitably be
> passed on to these residents.
> 
> 
> 
> Again, I am confident and have been assured that California law supprts my
> claims and protects me from the actions of this park's managing board. This
> park’s management, by contrast only has wild accusations, the wildest of
> which is that I “own a shotgun and threatened to use it” on board
> management. This slanderous assertion is absurd and not true.
> 
> 
> 
> I have attempted to send pictures and video of the damage from the storms of
> late February and early March to persons interested in looking at my case
> but the files are simply too large. I sent copies on SD card to my insurance
> company, with whom I filed a claim as any homeowner would. My claim was
> denied; the insurance company specifically cited the condition of the lot –
> park property – as the likely cause of the damage and, as such, was not
> covered under policy.
> 
> 
> 
> I have consulted with attorneys working with the Golden State Manufactured
> Homeowners League ( http://gsmol.org/ ); Bruce Stanton from San Jose, CA and
> David Loop from Aptos, CA. Both have assured me that, despite my naïveté in
> allowing park board members to talk me into a purchase without inspection,
> California law protects me against both park's and seller's
> misrepresentations. I have their correspondence available, but the net
> result of our conversations is that the applicable law in this case: CA
> Civil Codes 798 and 799, being Mobile home residency Law, and laws governing
> condominiums and common interest developments, will guide this case and
> ultimately form the basis for a successful lawsuit(s). In the case of the
> seller, his failure to disclose required transfer documentation falls under
> civil code 1102.3a.  California Tenant/Landlord law may also be applied. If
> my service animal has to be removed from my home for its safety you may
> potentially add ADA and CA Civil Codes 54, 54.1, etc. governing access and
> equal treatment of blind persons using guide dogs.
> 
> 
> 
> Park management has consulted multiple attorneys; Richard Ghan in Yucca
> Valley and Michael Mihalek in Riverside, and both have advised the park to
> settle. I also have consulted multiple attorneys specializing in homeowner
> advocacy and mobile home law as mentioned previously and have been advised I
> have cases against both seller and park based on the merits. 
> 
> 
> 
> The park continues their childish games; they proffered an offer to me that
> would have had the park buy me out, transfer me to another home for sale
> within the park, and sign a hold harmless agreement regarding Space #19. I
> was prepared to accept this; however the board, meeting today, 1 April 2014,
> could not even decide to make a decision. They want the residents to decide
> this very serious matter for them. Truly, this governing board cannot act in
> the interests of their shareholders. 
> 
> 
> 
> I have previously attempted to contact the seller to work with him towards a
> resolution regarding his non disclosure liabilities. I emailed, called and
> wrote to him by certified mail. He has refused the letter and is otherwise
> uncommunicative. 
> 
> 
> 
> The park has let this problem fester for seven years with this home’s
> previous owner; it now wants to pass the problem on to me.  By both seller
> and park management, information was withheld from me that would have
> influenced my decision to buy this home, despite my not having gotten a
> formal inspection prior to purchase. I am assured I am protected by
> California law, even in this case.
> 
> 
> 
> I believe now that legal action is my only remaining avenue to bring this
> park’s mismanagement to light, not only for myself but for the many innocent
> folks who will surely be negatively affected by this management’s actions
> and the resultant legal action brought as a consequence. I am ready to move
> on this right now, as the board clearly has demonstrated its utter inability
> to make sound, or any other, business decisions.                 
> 
> 
> 
> KWM
> 
> 
> 
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