Suit says city double-taxes
Woodland Hills resident fighting fees paid to property owner group
In a lawsuit filed in 4th District Court, resident Todd Rupper said the Woodland Hills Property Owners Association, which was formed in 1973 to provide residents with basic services such as water, road maintenance and police protection, has continued to collect payment for those services long after it stopped providing them.
The city of Woodland Hills incorporated in 1979 and took over those municipal responsibilities, and Rupper alleges that WHPOA's continued assessments amount to double taxation on Woodland Hills residents.
"In this situation, (WHPOA) is just collecting this money and donating it to the city," Rupper said.
An attorney for WHPOA disputes Rupper's allegations in a legal filing he made last month to respond to the lawsuit.
"(WHPOA) is a homeowners' association created and governed by its own codes, covenants and restrictions," said Harold D. Mitchell, an attorney for WHPOA.
Mitchell said the organization has its own powers and responsibilities associated with land and membership issues and the money it collects is used to pay for expenses associated with carrying out those responsibilities.
Rupper, however, stands by his claims. As a former city council member, he said he is very aware of the money that flows into the city from WHPOA and said present city officials and employees are aware of it as well.
Calls to an agent for WHPOA were not returned.
"This city is no different from any other city in that they're going after money anywhere they can get it," Rupper said.
Rupper said the relationship between the city and WHPOA outlined in his lawsuit is well-known among Woodland Hills residents.
"Most people just, you know, they get the yearly bill and they pay it," he said. "They don't ask questions, and they figure the city can probably use the money. Then there are others who don't know like it but don't know what to do about it."
Rupper said the WHPOA purchased a new fire truck for the city in 2005, which was paid for with funds obtained from membership assessments. He also said the city received a new water line in 2004 under similar circumstances.
"The accountability here isn't very good, so with that and personal finances, I decided it was time to do something," Rupper said.
He submitted a letter to WHPOA in April requesting a resignation of his membership but was informed that he would still be responsible for paying his assessment because of the codes, covenants and restrictions attached to his property. Rupper has not paid those assessments, and WHPOA has placed a lien on his property.
Rupper is requesting that the lien be lifted and intends to bring the case to trial.
E-mail: jtwitchell@desnews.com
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