Class-action suit filed over HOA debt-collection practices

Legal headaches seem to be intensifying for Nevada homeowner associations and their collection agencies, with the filing Monday of another class-action lawsuit over HOA debt-collection practices.

Attorneys for Benita Jones Ebel filed suit in U.S. District Court in Las Vegas against Nevada Association Services Inc. (NAS), claiming it’s been violating the federal Fair Debt Collection Practices Act by sending "dunning letters" that are "unfair and unconscionable" and invaded her privacy.

Ebel in the lawsuit seeks to represent a class of people who received such letters over alleged debts resulting from unpaid HOA assessments.

The suit specifically charges that in a Dec. 17 collection letter regarding an alleged debt to the Rancho Viejo HOA, NAS threatened to file a lien against Ebel’s home if the debt wasn’t paid within 10 days.

This violated the law in that consumers have 30 days to dispute such debts, the lawsuit suggests.

"As a result of defendant’s threat to record a notice of delinquent assessment lien, defendant threatened to take non-judicial action to effect … disablement of plaintiff’s property without the present right to do so," charged the suit, which was filed by attorneys with Cogburn Law Offices.

David Stone, president of Nevada Association Services, said Monday his company complies with the debt collection law.

"We will file the appropriate responsive pleading, and if this is found to be a frivolous lawsuit we will be seeking attorney's fees. We expect this claim to be adjudicated in our favor, as similar claims have been. We have been sued before and I expect more lawsuits. Plaintiffs are looking for a quick payday and this is not going to happen," Stone said.

With the recession causing many homeowners to fall behind on paying HOA assessments, and vacant and foreclosed homes sometimes producing no revenue for HOAs, collection activity has picked up in recent years and controversies and lawsuits have followed.

Numerous collection lawsuits are pending in state and federal court in Las Vegas and a massive complaint was filed last month with the state Real Estate Division against more than 500 Nevada homeowner associations.

Yet another pending lawsuit, filed by a Bank of America subsidiary, claims HOAs have been trying to get the bank to pay for unauthorized attorney’s fees and collection costs related to assessments against foreclosed homes.

PPP govt did not validate, condone acts of Musharraf, says CJ

ISLAMABAD: The Chief Justice of Pakistan, Justice Iftikhar Mohammad Chaudhry has said that whenever a country is ruled by the chosen representatives under the dispensation of the Constitution the system of good governance is strengthened.

Addressing the inaugural session of the 17th Commonwealth Law Conference in the Indian city of Hyderabad on Sunday, he said an independent judiciary was necessary for the enforcement of fundamental rights, trade and commercial activities.

Dilating upon the theme of the conference “Emerging economies and the rule of law: opportunities and challenges,” the chief justice said that rule of law bore a substantial impact on the economic development across the globe.

The judiciary in Pakistan has passed through different phases where efforts were made to adopt unconstitutional measures, a press release received here quoted the CJ as saying.

“But the judiciary ensured its independence in all the circumstances because it is of the opinion that when there is constitutionalism and rule of law, it guarantees a democratic system in the country instead of military rule,” he added.

Referring to the steps taken on Nov 3, 2007, Justice Iftikhar said that for the first time in the history of Pakistan the judiciary asserted itself and the Supreme Court declared those measures unconstitutional and illegal in its landmark order issued on the same day.

The superior judiciary, sacked unconstitutionally, was ultimately restored and the democratic government did not validate or condone the acts and actions taken by the military ruler, he added. The chief justice said that constitutionalism and the rule of law guaranteed enforcement of human rights and thus helped flourish industrial and commercial activities. “The rule of law and equality before law are the hallmark of Islamic thought and philosophy, which derives its authority from the Holy Quran and traditions of the Prophet (PBUH).”

Having alluded to the history of rule of law, he said the concept had been further developed by the International Commission of Jurists, known as Delhi Declaration 1959. According to it, this formulation implied that the functions of the government should be so exercised as to create conditions in which the dignity of man as an individual is upheld.

“This dignity requires not only the recognition of certain civil or political rights but also creation of certain political, social, economic, educational and cultural conditions, which are essential to the full development of his personality,” he said.

About Pakistan’s Constitution and role of judiciary, the CJ said it had given necessary powers to the Supreme Court to protect the fundamental rights.

“The judiciary has to safeguard the fundamental rights of citizens, including the right to life, liberty with its wide connotation and right to property. The courts have attempted to restore and enhance the confidence of all citizens and persons, including the trade, commercial and industrial class and foreign investor, in the system of governance in the country.”

Justice Iftikhar said that as an important organ of the state the judiciary played a key role in financial and economic discipline, promotion and strengthening of democratic institutions and ensured development of projects.

“Its decisions and rulings have impacts on the system of governance. A reformed and modernised legal system, administered through an efficient system of judicial administration, goes a long way in resolving conflicts, settling disputes, restoring rights/entitlements and redressing grievances, which in turn, leads to peace and tranquillity in society,” the press release quoted him as saying.

Such an environment, he said, was ideal for trade and commercial activities, investment and industrialisation, leading to economic growth and prosperity.

The chief justice said that Pakistan being a member of the World Trade Organisation had promulgated various acts and ordinances so as to bring itself on a par with international standards in terms of observance of trade laws and trends.—APP

Government seriously implementing reforms agenda: PM

LAHORE: Prime Minister Yousuf Raza Gilani has said his government is seriously implementing a 10-point reforms agenda given by the PML-N last month.

Talking to reporters at his residence here on Sunday, he said performance would be among the major considerations in appointing new ministers after the dissolution of the federal cabinet.

In an effort to allay fears of employees of loss-making national corporations, he said the institutions would be restructured and not privatised.

The prime minister admitted that there was pressure from the US on the issue of Raymond Davis, an American citizen accused of killing two men in Lahore.

“We agreed to the 10-point agenda only after weighing all its aspects,” he said. He mentioned some measures taken to implement the agenda for which the PML-N has set a deadline of Feb 20.

“As some of the points require just administrative decisions, we can do it. Where there is need for legislation, we can at least move a bill in parliament, while reconstitution of the Election Commission is in the offing and talks on tabling a unanimous accountability bill are also making progress.”

Referring to the call for sacking corrupt ministers and reducing the cabinet’s size to 11 per cent of the parliamentary strength as enshrined in the law, he said removing anyone from the cabinet would not mean that the person in question had not been up to the mark.

The prime minister hinted at curtailing the perks and privileges of the ministers “to give a symbolic message to the masses that their government means business, although these perks do not cost the national exchequer much”.

Trying to dispel a perception that the MQM and JUI-F would not rejoin the cabinet, he said: “Altaf Hussain has convened a meeting of the coordination committee after talking to me, while Maulana Fazlur Rehman too has been consulted by me and President Asif Zardari at the Kashmir solidarity conference.”

Answering a question, he said a formal invitation would be extended to the PML-N to rejoin the cabinet only when it would appear that the response would be positive.

Prime Minister Gilani disowned a deadline set by his party for the Punjab government to implement a 19-point agenda for improving governance in the province. PPP’s representatives in the Punjab cabinet have said they will stage a sit-in outside the Punjab Assembly after the expiry of the ultimatum on Tuesday.

“Setting deadlines is not my policy. After all, we’re friends and not masters and petty differences between the coalition partners should be taken casually.”

The prime minister said the PPP and PML-N had agreed on restructuring the loss-making corporations instead of privatising them. “Their boards will be replaced and non-controversial persons with untainted careers and of world repute will be appointed to lead the corporations.”

He said progress had been made on improving the performance of the Pakistan Electric Power Company and a summary had been moved for the purpose.

Declining to comment on the sub judice matter of Davis, he admitted there was diplomatic pressure from the United States to release the accused. He said courts would decide the issue of immunity of the accused.

“In matters of national interest one must not play to the gallery, like some people have done by giving irresponsible statements,” he said and added that extreme caution should be exercised on sensitive issues.

Twin blasts in Karachi wound two

KARACHI: Two bomb explosions outside two police stations in different parts of Karachi caused panic among residents on Monday, at least two people were injured in the blasts.

The first blast occurred outside Eidgah police station of Lee Market, while the second blast took place near Shah Latif police station of Malir area.

Officer Irshad Sehar says Monday’s bombings in Karachi were several miles apart. He says they caused minor damage.

Police and law enforcement agencies and rescue teams have cordoned off the areas.

Sehar says the apparently coordinated explosions were meant to create fear and panic in the city of 14 million people.

Karachi is a chaotic city where criminal, political and militant violence is common.

Ahmadinejad criticised by Iran Revolutionary Guards

TEHRAN: Iranian President Mahmoud Ahmadinejad has come under unprecedented criticism from the Revolutionary Guards, the elite military force usually considered his staunch supporter.

A harshly worded article in the Guards’ monthly magazine echoes criticism of Ahmadinejad from other parts of the Iranian establishment and shows attempts to mend rifts within the Islamic Republic’s ruling elite have yet to work.

Ahmadinejad and his close aides have faced criticism from lawmakers, the judiciary and some powerful clerics for saying parliament is no longer at the centre of affairs and promoting an “Iranian” rather than an “Islamic” school of thought.

In an article entitled: “Is parliament at the centre of affairs or not?” the magazine, Payam-e Enghelab (Message of the Revolution), asked: “Does being on top justify whatever action the government thinks is right, disregarding the law?”

Re-elected in June 2009, Ahmadinejad faced down huge demonstrations from an opposition movement which says the vote was rigged, something he denies. Divisions among the hardliners have become more apparent in the months since the protests were put down, through sometimes violent repression.

The Iranian Revolutionary Guard Corps has its own navy, air force and command structure separate from the regular armed forces. Along with its voluntary militia, the Basij, it played a key role in quelling the post-election unrest which was the worst seen since the 1979 Islamic revolution.

The rifts prompted Supreme Leader Ali Khamenei to call for all branches of government to support the president whose government he has hailed as extremely successful.

“National unity is very important and must be strengthened with every passing day… and by that I am addressing both officials and ordinary people,” Khamenei said during his recent visit to the holy city of Qom.

FUNDAMENTAL

But Payam-e Enghelab’s criticisms were similar to those voiced by parliament, the judiciary and clerics.

“Dealing with marginal and unnecessary issues by some politicians has become the country’s main issue,” the magazine said, referring to the controversy about the “Iranian” school of thought which many of Ahmadinejad’s fellow conservatives say smacks of secular nationalism.

“Adopting these kinds of stance has no benefit but creating separation and division in the Islamic Revolution front and casting doubt about fundamental stances,” it said.

The harshest words were about Ahmadinejad’s remark about parliament’s reduced power, which some critics have said was a contradiction of the stance of Ayatollah Ruhollah Khomeini — the deeply revered late leader of the Islamic Revolution.

“The superficial interpretation of Imam Khomeini’s remarks and changing them in a way that meets a few people’s interests for a short time is an irreparable mistake,” it said.

Indignation about Ahmadinejad’s apparent disregard for parliament has pushed some former rivals within the legislature — in the hardliner “principlist” camp and more moderate “reformists” — closer together.

“The prominent figures of principlists and reformists have formed an unwritten alliance,” Ali Motahari, a prominent hardline MP who is an outspoken critic of Ahmadinejad, was quoted as saying by the reformist Sharq newspaper on Tuesday.

The pressures on Ahmadinejad from within the hardline camp at home comes as Iran faces tighter economic sanctions aimed at curbing its nuclear programme which some countries fear is aimed at making a bomb, something Tehran denies.

Iranians are also bracing themselves for the impact of Ahmadinejad’s cornerstone economic plan: slashing billions of dollars of subsidies for essentials like food and fuel.

Economists outside Iran have said sudden hikes in prices of items like gasoline — likely to happen in the coming weeks — could reignite popular unrest. Politicians within the Islamic Republic have warned of “economic sedition” as opponents of the regime seek to stir trouble.

Mirhossein Mousavi, the opposition leader who lost the 2009 election, said an increased police presence in recent days was a government attempt to intimidate anyone thinking of protesting.

The police have said it is conducting a crackdown on crime. – Reuters