BAKU: Next meeting of PABSEC to be held in Baku

TREND, Azerbaijan
June 9 2006
Next meeting of PABSEC to be held in Baku

Source: Trend
Author: J.Shahverdiyev

09.06.2006

The next meetion of the Parlamenatry Assembly of Black Sea Economic
Cooperation (PABSEC) will be held in November in Baku,Trend reports
quoting deputy Asef Hajiyev, the head of the Azerbaijani delegation
in this organization.

During the 27th plenary meeting of PABSEC held on 7-8 June in
Armenia, the chairmanship for coming 6 months was presented to
Azerbaijan.
PABSEC includes 12 states. `Azerbaijan will be the chairman of the
organization – it is important. Because it will be possible to
deliver information about Nagorno-Karabakh conflict and the occupied
territories of Azerbaijan to the attention of PABSEC
member-countries,’ told Hajiyev,
As an answer to the question `Will Armenia be invited to the meeting
that will be held in Baku?’ Hajivev said that `yet it is impossible
to say something exact’. `Because yet there is time. On the other
hand, this question should be decided by the head of Milli Majlis
[Azerbaijan Parliament],’ stressed Hajiyev.

Armenian ‘mercenaries’ arrested in Kenya

San Diego Union Tribune,CA
June 9 2006
Armenian ‘mercenaries’ arrested in Kenya
By C. Bryson Hull
REUTERS
6:46 a.m. June 9, 2006
NAIROBI – Kenyan police on Friday arrested two Armenian brothers
whose swaggering lifestyle turned them into celebrities after they
were accused of being mercenaries involved in a controversial police
raid on media offices.
There have been repeated allegations that the wealthy Armenians,
known for their fleet of luxury cars and flashy jewellery, were
protected by powerful political allies in Kenya.

Police seized a Mercedes car with government plates during a raid on
the heavily guarded home of Artur Margariyan and Arthur Sargsian
(Eds: correct) in a ritzy Nairobi suburb early on Friday. A lesser
known brother, Arman, was also arrested.
Police sources said they made the arrests after the brothers roughed
up customs officials at Nairobi airport. They have not made public
any exact charges.
‘They were supposed to pay for some items they were carrying, and
they got into a scuffle before leaving. They were followed home,’
said a police official speaking on condition of anonymity.
The sources said later the brothers were at the airport on Friday
awaiting deportation.
The private Citizen television station showed police seizing a dozen
car license plates, including some supposed to be issued only to
diplomats, during the raid. Among more than 10 luxury cars at their
home, a Lexus truck could also be seen with red and blue police
lights in the grille.
The police official said guns, machetes and bulletproof vests were
recovered.
The brothers burst onto Kenyan front pages in March after opposition
politician Raila Odinga accused them of being mercenaries behind a
raid on a major Kenyan media house that drew a storm of domestic and
international criticism.
The brothers denied Odinga’s charges.
The raid by police commandos on KTN television and its sister
newspaper the Standard was seen as a low point in the three-year rule
of President Mwai Kibaki, already suffering from a sharp fall in
popularity and major corruption scandals.
The Kenyan government justified the raid by saying journalists had
been bribed to plant stories that threatened national security, but
never clarified what the stories were.
The government promised an investigation into the Armenians, but has
never made results public.
Lawyers for the men could not immediately be reached for comment on
Friday.
The brothers have told Reuters they are businessmen based in Dubai
with interests in import-export, property development, a nightclub
and gold and diamond trading.
They have become fixtures in cartoons and gossip columns despite
their repeated assertions that they are respectable businessmen
prepared to invest

Venetians and Turks: A mutual curiosity

International Herald Tribune, France
June 9 2006
Venetians and Turks: A mutual curiosity
By Souren Melikian International Herald Tribune
Published: June 9, 2006

LONDON Politicians in charge of international relations should ponder
the show “Bellini and the East” on view at the National Gallery until
June 25, and the book that defines its message. East and West did
meet in the past. In doing so their encounters oscillated between
devastating wars and hilarious mutual misperception.

The case considered here, the Venetian-Turkish love-hate
relationship, while over 500 years old, has a curiously topical ring.
The last two decades of the 15th century were not a time of
felicitous harmony.

Western Europe was smarting from the cataclysm of 1453.
Constantinople – the “City of Constantine,” the Greek emperor who had
declared in A.D. 313 the observance of Christian rites licit in the
Roman empire – had been overrun by a new power whose irresistible
thrust had not been anticipated in the West.

Few could have guessed that an obscure dynasty that we call Ottoman,
from the Turkish Osmanli, would grow into a giant. It had arisen in
Central Anatolia, soon incorporating a patchwork of ethnic and
cultural communities: Greek in much of Western Anatolia, Arab on the
south eastern shores of the Mediterranean, Armenian in the
north-eastern quarter, Kurdish (in other words, West Iranian) in the
southeastern quarter, and others.

Strongly assertive, the Ottomans did not really have a clear sense of
their own identity. The rulers, and armies, were Turkish, the
literate elite largely Persian speaking. The Ottomans were true
globalists before the word was invented – they wanted to dominate the
globe.

The 1453 conquest of Constantinople was a huge step in that
direction. Symbolic occurrences had a deeper resonance than the two
consecutive days of slaughter and looting about which Venice only
heard from the thousands of Greek refugees who flocked to Italy. The
Church of the Holy Apostles founded by Constantine, rebuilt by
Justinian in the 6th century, was razed and in its place a new
building arose, the “Fetih Mosque” (Conqueror’s Mosque).

The Venetians who were on the front line, if only because they
exercised a colonial domination over parts of Greece (the southern
Peloponnese, then called Morea; Lemnos and some islands) could not
forget the destruction, even if they wanted to. The vanished church
had served as the prototype for their most famous monument, the
11th-century church of San Marco.

The Turkish advance continued. Forced to conclude peace in 1479,
Venice gave up the Albanian city of Shköder (Scutari in Italian),
important tracts of Greek land, including Morea and Lemnos. To no
avail. The peace lasted as long as the conqueror, Mehmet II, was
alive, that is until 1481. Skirmishes broke out, and then war once
more. In 1499, the Ottomans occupied Lepanto. By 1500 they held two
ports that gave them strategic control of the Corinthian Gulf.

The Venetians developed a psychotic curiosity about the “other side.”
At first, knowledge was scanty. When information is lacking, as any
politician worth his salt will tell you, you make it up.

The figure of the conqueror excited imaginations. Around 1470, a
portrait of “The Grand Turk” circulated, engraved by an unknown
artist. It is hilarious. The features of the Turkish Sultan
represented in profile are based on those of the Byzantine emperor
John VIII Palaiologos in an interpretation that is not exactly
flattering. The high-beaked nose plunges precipitously and the
sultan’s angry expression is not unlike that of the hissing chimera
perched on his hat.

What fit of whimsy drove an unknown visitor to present the image to
the conqueror is not known. The two surviving impressions are both
preserved in the Topkapi Saray Museum in Istanbul. Apparently, Mehmet
II relished this testimony to Western ignorance of his appearance.

However, he may have thought that a joke should be allowed to go just
so far. One of the conditions of the peace signed with Venice in 1479
stipulated that “a good painter” be dispatched from Venice to paint
his likeness. The Doges did the decent thing. They sent their most
famous portraitist, Gentile Bellini. His likeness of Mehmet II
signed, dated 1480, shows a thin-lipped man staring with an
impenetrable expression. How the portrait found its way to the West
(it belongs to the National Gallery in London) is as mysterious as
the eastward peregrinations of his cartoonish likenesses engraved
some 10 years earlier.

As if the Venetians were hypnotized by the man who had beaten them,
the well-heeled elite craved images of the Sultan even after his
death. Bellini designed bronze medals representing Mehmet II in
profile, in Ancient Roman style.

Framing the portrait in low relief, an inscription in Roman capitals
spells out in Latin the words “of the Great Sultan, Emperor.” An
intriguing detail escaped the scrutiny of Susan Spinale in her superb
essay on the subject. These titles actually translate the official
protocol of the Sultan with its mix of Arabic and Persian words
“al-Sultan al-Moazzam, Shahinshah.” Bellini, it seems, had done
serious research work before embarking on his labor.

Other medal designers went further in their expressions of adulation.
“Great and Admired Sultan, Mehmet Bey,” proclaims the Latin
inscription on a medal possibly designed by a follower of Pisanello.
Around 1478, Costanzo di Moysis even celebrated the conquest that had
filled Europe with terror. On the reverse of a medal cast with one of
the finest portraits of the Sultan, a Latin sentence intones: “This
man, the thunderbolt of war, has laid low peoples and cities.
Constantius [Costanzo] made it.”

The East displayed symmetrical curiosity and admiration. Mehmet II
asked for a sculptor to be sent from Italy, a request, alas, that
left no identifiable traces.

The most intriguing result of Eastern curiosity is an enigmatic image
in the Isabella Stewart Gardner Museum, Boston. In the show, it is
considered to be the work of Bellini. An Oriental seen sideways,
seated crosslegged, writes on a tablet. The shading in the corner of
the eyes, the handling of the curling meshes coming down over the
ear, and above all the subtle psychological study of the expression
of mute concentration, lips pressed, eyes wide open, leave no doubt
about the Western training of the artist. Yet, the format and the
paper are those of Iranian book painting cultivated at the Ottoman
court. Apparently some gifted Westerner worked in the Iranian
technique. Bellini? Perhaps not.

More than 60 years later, possibly as a result of a royal present,
the painting reached Tabriz, then the Iranian capital, and was
mounted in an album put together for the younger brother of the Shah
under the direction of the great calligrapher Dust Mohammad. A band
of Persian calligraphy was supplied, stating that it is “the work of
Ibn Muazzin who is a famous European master.” Ibn Muazzin, or “The
son of the man who chants the call to prayer [muezzin]” is a curious
name for a European. It has to be the nickname by which the artist
came to be called by the Turks, who presumably passed it on to the
Iranians. Could this be Costanzo de Moysis, the bronze medal
designer, as the Italian historian Maria Andaloro plausibly suggested
long ago? No drawing by him is known, but the thought is tempting.

Even more intriguing is the painting that the portrait inspired the
most famous Iranian painter, Behzad, to create. The posture is the
same, but instead of writing, the artist represented draws a
portrait. Eastern stylization has eliminated the shading, the trompe
l’œil folds of the sleeves and the garment. The authors of the
book do not cite Behzad as the author. Yet, his signature is in his
own Arabic formulation, “Behzad gave it its form” (sawwarahu Behzad)
and, more conclusively, in his own hand, as I showed three years ago
in a collective book on Behzad.

Both portraits eventually went back to Constantinople with the album
of Bahram Mirza. In the 20th century, they somehow vanished from
Turkey to travel to the United States via France – Behzad’s portrait
is preserved in the Freer Gallery of Art in Washington, which is not
allowed to make loans.

Such are the missteps of East and West in the unpredictable minuet of
their loveless encounters.

U.N. investigator to probe racist attacks in Russia

Reuters, UK
June 9 2006
U.N. investigator to probe racist attacks in Russia
Fri Jun 9, 2006 8:51 PM IST

GENEVA (Reuters) – A United Nations human rights investigator will
visit Russia next week to probe a growing wave of racist killings and
beatings, a U.N. spokesman said on Friday.
Doudou Diene, U.N. special rapporteur for contemporary forms of
racism, racial discrimination, xenophobia and related intolerance,
will meet officials and activist groups in Moscow and St Petersburg
during the June 12-17 trip, he said.
“There has been a very serious rise in the number of racist attacks
in the Russian Federation, including murders, especially in Moscow
and St Petersburg, and this will be the main subject of concern,”
U.N. human rights spokesman Jose-Luis Diaz told a news briefing.
A statement said that he would also visit “several communities that
are reportedly victims of discrimination”.
Diene, a legal and human rights expert from Senegal, will report his
initial findings to the General Assembly in a few months, it said.
His final report will go to the new U.N. Human Rights Council, due to
hold several sessions during the year.
Racism and xenophobia have mushroomed in post-Soviet Russia, and
President Vladimir Putin has described the trend as a threat to
national security. The visit is at government invitation but was
sought first by the investigator.
In May, a 19-year-old ethnic Armenian man was stabbed to death on a
Russian passenger train by youths shouting “glory to Russia”,
according to a radio station citing witnesses.
Immigrants from ex-Soviet republics are frequent targets.
In St Petersburg, Russian police last month detained a gang suspected
of carrying out a wave of racist murders in the city, which will play
host to the Group of Eight summit in July.

Kenya: Police Arrest Armenian Brothers

The Standard, Kenya
June 9 2006
Kenya: Police Arrest Armenian Brothers

The East African Standard (Nairobi)
June 9, 2006
Standard Reporter
Nairobi
Police have arrested seven people including the two Armenian
brothers, Artur Margaryan and Artur Sargasyan, after they were caught
up in a near-shootout with airport security officcers last night.
Police also recovered hoods and motor vehicle number plates from the
Armenians’ Runda house in Nairobi. They also found 11 top of the
range cars, one bearing government number plates, parked at the
residence.
The raid was carried out by about 40 police officers, who forced
their way into the compound by breaking down the gate after the
brothers refused to let them in. Also arrested was a third alleged
brother of the Armenians, and four employees said to be bodyguards.
According to police sources, the raid was ordered by Police
Commissioner Major-General Hussein Ali after the Arturs assaulted a
customs official at the Jomo Kenyatta International Airport last
night. Sargasyan was said to have arrived in the country from Dubai
accompanied by a woman. They refused to have their luggage inspected
by customs officials and a confrontation ensued.
Sargasyan is said to have drawn his gun and assaulted a customs
official. They then walked away with his brother, Margaryan, who had
gone to pick him up with about five bodyguards. The suspects are
being held at Muthangari and Kileleshwa police stations.
Raid on Standard Group
The Armenian brothers have been at the centre of mercenary claims
since March, when Langata MP Raila Odinga circulated copies of their
passports, claiming they took part in the raid on the Standard Group.
A week later, the two brothers held a press conference at the Jomo
Kenyatta Kenyatta International Airport VIP lounge and denied the
mercenary claim, saying they were businessmen seeking to invest in
Kenya. They claimed that they had loaned Raila about Sh100 million.
They also claimed that Raila and Mwingi North MP, Mr Kalonzo Musyoka,
had asked them for Sh3 billion last year to finance a no-confidence
motion against President Kibaki.
The two claimed that the President of Armenia was their uncle and
that they had vast business interests in various Asian and African
states, including Kenya.
They claimed that they had copies of CCTV footage on all the meetings
they held with Raila and Kalonzo Musyoka at the Serena and Grand
Regency hotels.
On March 14, attempts by police officers to arrest and search the
Armenians’ Runda Estate house failed after Margaryan refused to let
them in.

Kocharian: 2006 year of serious reforms in judicial & legal system

Arka News Agency, Armenia
June 9 2006
2006 TO BE YEAR OF SERIOUS REFORMS IN JUDICIAL AND LEGAL SYSTEM OF
ARMENIA: ARMENIAN PRESIDENT
YEREVAN, June 9. /ARKA/. 2006 will be the year of serious reforms in
the judicial and legal system of Armenia, Armenian President Robert
Kocharian reported during the ceremony of taking the oath by the
judges, appointed by the presidential decree as of 1 June 2006.
Kocharian pointed out that the first round of judicial and legal
reforms was implemented in 1998-1999. However, the following logical
steps were somewhat late.
The president reported that the development of the package of
judicial conception is now completed, and discussions of the document
initiated in the Public Prosecutor’s Office. `Our objective is to
fully prepare the legislative package of reforms,’ Kocharian said.
The following judges of the Economic court Samvel Grigoryan and Taron
Ghazaryan, judges of the Courts of first instance Alexander Ghazaryan
(Erebuni and Nubarashen districts of Yerevan), Samvel Tadevosyan
(Kentron and Nork-Marash districts), Harutyun Yenokyan and Hovhannes
Melkonyan (Shirak region) took the oath at the sitting of the Council
of Justice of Armenia at the presence of the Armenian President. R.O.
–0–

FM doesn’t rule out possibility of another meeting b/w Presidents

Arka News Agency, Armenia
June 9 2006
ARMENIAN FOREIGN MINISTER DOESN’T RULE OUT POSSIBILITY OF ANOTHER
MEETING BETWEEN ARMENIAN, AZERBAIJANI PRESIDENTS IN 2006
YEREVAN, June 9. /ARKA/. Armenian Foreign Minister Vardan Oskanyan
doesn’t rule out the possibility of another meeting between Armenian
and Azerbaijani Presidents in 2006.
`Talks at foreign ministerial level will continue for certain’,
Oskanyan said Thursday in an interview with Kentron TV channel.
In his words, one of the meetings between ministers may be held very
soon. He said OSCE Minsk Group Co-Chairs have already got in touch
with the sides to set a date for the meeting.
Oskanyan said he and his Azerbaijani counterpart will tray to drive
the stances taken by the sides closer to each other. If they
accomplish in doing it, then this meeting will be followed by
another.
The minister also stressed that the subjects of the negotiations,
such as Nagorno Karabakh status, territory, refugees and security
problem, remained unchanged. `These are key issues, over which the
sides’ accord is needed’, Oskanyan said in his televised interview
adding that the parties of talks have already reached accord on
60%-70% of the issues under negotiation. `Remaining 30% of
controversies remain unsettled yet, but the two countries’ presidents
are trying to reach accord also on this issues’, the minister said.
Oskanyan also said that between presidential meetings in Rambouillet
and Bucharest, Minsk Group Co-Chairs came up with a new proposal but
none of the negotiating parties found them advantageous. He thinks if
good will is displayed, then, perhaps, this proposals can become
acceptable to both sides, but after some changes. M.V. -0–

Kenya: Armenian brothers deported after scuffle with police

Capital FM, Kenya
June 9 2006
Armenian brothers deported after scuffle with police
Armenian brothers Artur Margaryan and Sargasyan, have been taken to
the Jomo Kenyatta International Airport ,where it is believed they
are to be deported from the country.
The Armenians, who were arrested this morning during a police raid at
their Runda residence, were whisked to the airport under tight
security of armed officers.
They were nabbed following a brush with security officials, after
they allegedly roughed up customs officials at JKIA last night, and
refused to allow officials to inspect their luggage.
One of them is said to have drawn a gun, and threatened the customs
officers, who insisted that they follow procedure to clear at the
airport.
They are however denying the allegations, and have told journalists
at JKIA, that they were not armed as claimed. They further claim to
have been denied access to their lawyers, adding that they have not
recorded statements with the police.
The Armenian brothers, who made headlines in March, after allegations
that they were mercenaries, say their arrest is a political frame-up,
blaming Langata MP Raila Odinga for the turn of events.
Artur Margaryan and Artur Sargasyan, were arrested early this
morning, along with 5 other people at their Runda residence.
Police found 11 top-of-the-range vehicles at the compound, some with
‘GK’ registration plates.
The raid sent panic among senior police officers due to what they are
terming as ‘interference from above’.
No senior police officer involved in the operation is willing to
comment on the matter reffering all questions to the Police
Commissioner himself.
A high powered security meeting was convened at Police Headquarters
over the late night operation.
Seven people, among them Artur Margaryan, his brother Sargasyan and
another man said to be their brother, are recording statements with
the police at Gigiri, Muthangari and Hardy police stations.
The Armenian brothers prominently featured in the media 3 months ago
when they were branded mercenaries by former Roads Minister Raila
Odinga.
Margaryan has since sued the Lang’ata legislator for maligning his
name.
From: Emil Lazarian | Ararat NewsPress

BAKU: MPs refute speaker Ogtay Asadov congratulating Armenian Speake

Azeri Press Agency, Azerbaijan
June 9 2006
Azerbaijani MPs refutes speaker Ogtay Asadov’s congratulating
Armenian speaker
[ 09 Jun. 2006 19:02 ]
Azerbaijani parliamentarians Musa Guliyev and Asef Hajili held a
press conference dedicated to their participation in the 27th plenary
session of the Parliamentary Assembly of Organization of the Black
Sea Economic Cooperation (BSEC) in Yerevan (APA).
The parliamentarians said Azerbaijani media did not fairly covered
their visit to Armenia and even made false information about that.
They refuted the reports that Azerbaijani parliament speaker Oghtay
Asadov sent congratulations to the newly elected Armenian parliament
speaker Tigran Torosyan. Hajiyev accused some pro-opposition papers
of playing into Armenians’ hands.
`The pro-opposition papers exaggerated disinformation of Armenian
press. The authors of these stories have links with Armenians and
back them,’ the parliamentarian said.
Hajiyev said it was important to attend the event in Armenia related
to Azerbaijan’s taking over the presidency of the organization.
`Azerbaijan took over the presidency from Armenia in this event. If
we did not attend it they would have proclaimed to the world that
Azerbaijan boycotted the international organization’s work,’ he said.
He noted the next sitting of the organization will take place in
Azerbaijan in November this year, `We have invited the Assembly
participants to the meeting in Azerbaijan.’
Guliyev said some media outlets made false reports on their visit to
Yerevan./APA/

Opening activism

Windsor-Hights Herald, NJ
June 9 2006
Opening activism

By: Dick Brinster, Staff Writer 06/09/2006

Email to a friendPost a CommentPrinter-friendly
Her battle with Twin Rivers now playing to larger audience
EAST WINDSOR – Disputes over the color and style of front doors
opened the way to what is now Margaret Bar-Akiva’s battle against a
“Trojan horse.”
There might be no better way to begin chronicling a decade for an
activist that began with a term on the board of directors of the Twin
Rivers Homeowners Association and morphed into what she believes is a
war for democracy against those who control such associations.
“Although it began with a debate over rules governing such mundane
items as a storm door, no intelligent discussion can take place
without distinguishing between good rules, bad rules and benign
rules,” Ms. Bar-Akiva said. “Good rules are what day you take out the
garbage, keeping the community clean and healthy, and benign rules
are what color and style your door and mailbox can be.
“Bad rules are where they trample on your First Amendment rights.”
To Ms. Bar-Akiva, the latter is war. And a big battle in that
conflict will be decided by the state Supreme Court. It has agreed to
hear arguments over the board’s attempt to limit placement of
political signs, use of the Twin Rivers Community Room and access to
the development’s newsletter.
The action was filed by Frank Askin of the Rutgers Constitutional
Litigation Clinic on behalf of the American Civil Liberties Union of
New Jersey.
A ruling in favor of the association’s board might affect more
than the Committee for a Better Twin Rivers, a plaintiff’s group that
includes Ms. Bar-Akiva’s husband, Haim. Ms. Bar-Akiva is looking
beyond the impact a negative ruling would have on the local community
of 10,000 residents, the state’s oldest planned-unit development,
begun in 1969.
She says 1.4 million people in New Jersey and 52 million
nationwide are living under rules of homeowners’ associations.
“It would be a blow not only to homeowners who live in these types
of communities but I think we need to be very concerned about what
the implications of living in dictatorial enclaves within a country
that holds itself up as a model of democracy,” she said.
That sort of belief carried Ms. Bar-Akiva from the Twin Rivers
board, on which she served from 1994 through 1996, to formation in
1997 of the Common-Interest Homeowners Coalition. Now, the depth of
the battle against homeowners’ associations (HOAs) has led to Ms.
Bar-Akiva leaving as founding president to become legislative liaison
to the C-IHC board.
She hopes the war can be won in Trenton, where Assembly bill A798
was approved March 2. Ms. Bar-Akiva calls that bill an attempt to
snuff out the rights of homeowners and wants to block implementation
of what’s known as the Uniform Common Interest Ownership Act.
“It is the brainchild of the attorneys of the Community
Associations Institute,” she said. “CAI is a trade organization that
represents the interests of attorneys, property managers,
administrators, management companies, accountants, etc., all of whom
get paid from hardworking homeowners’ fees.”
But, she insists, this certainly is not done in the best interest
of the homeowners.
“Lawyers of CAI represented the board in the Twin Rivers case,
arguing that homeowners who live in HOAs have no constitutional
rights!” she said. “Those same attorneys want you to believe that a
bill they crafted could be good for homeowners.”
That’s exactly what Assemblyman Peter Biondi, R-Somerset, thinks
of A798, a bill he co-sponsored, because he says it will consolidate
a myriad of laws and regulations applying to HOAs.
“This bill, which is extensive in scope, will not only clarify the
powers of homeowners’ associations but will provide more homeowner
protections,” he told the Herald. “The fact that New Jersey has a
large number of residents living in common-interest residences makes
this bill necessary and will be effective in helping our residents
living in these homes.”
Ms. Bar-Akiva, a mother of three who works for the state Division
of Human Services, is concentrating on stopping S805, the Senate
counterpart of A798. If passed in the Senate and signed by the
governor, UCIOA would become law.
“We find UCIOA to be the Great Pretender, a Trojan horse, a pig in
a poke,” said Ms. Bar-Akiva. “Its 114 pages cement the rights of
developers and of boards, but do nothing to protect owners from
abusive boards.”
Ms. Bar-Akiva is working in support of another Senate bill, S1608,
introduced by Sen. Shirley Turner, D-Mercer.
“It is written in a clear and concise manner and is meant to do
exactly what its title implies: Owners’ Rights in Common Interest
Developments (ORCID),” she said.
Meanwhile, at stake in the state Supreme Court is the outcome of a
lawsuit filed in 2000. Twin Rivers board President Scott Pohl says
$750,000 has been spent in defense of an eight-count action brought
by Mr. Bar-Akiva and two other residents.
A Superior Court judge ruled in favor of the board, applying the
business judgment rule – which holds that a decision must be made in
good faith. But an appellate panel earlier in February sent the suit
back to the lower court that previously dismissed it, instructing it
to apply a constitutional standard to counts involving placement of
signs, the community room and newsletter.
The appellate court’s action did not approve of the residents’
demand for a one-person, one-vote system to elect board members. In
Twin Rivers’ system, votes are based on the value of one’s property.
Ms. Bar-Akiva says there are many problems involving HOAs in New
Jersey and throughout the country. For her, the bottom line is
democracy.
Her first major attempt to push that concept beyond Twin River
began reluctantly in January 1997, when an Assembly task force
conducted hearings on HOAs.
“I wanted nothing to do with it,” Ms. Bar-Akiva remembered. “My
husband insisted that he wanted to go and testify. When he returned
home that night he told me that scores of people from across New
Jersey had shown up on that bitterly cold night to testify about
their own horror stories in HOAs.”
Soon, the Bar-Akivas hosted a meeting at their home with several
of those who testified, and a group of 17 formed the C-IHC.
With Ms. Bar-Akiva’s background, it might be no surprise that
rights and freedom are top-priority items.
She says her Armenian grandparents and parents survived the
genocide committed by the Turks in 1915 and 1922. The forced
deportation from Turkey landed her ancestors in what is now Israel in
1923.
“I think when you grow up in an environment where you’re aware of
the Armenian genocide, the Jewish Holocaust, and the suffering of the
Palestinian people, you realize how easy it is for things to go wrong
when good people don’t speak up,” she said.
For the first 12 years she and her husband lived in Twin Rivers,
Ms. Bar-Akiva was hardly an activist. But in 1993 – six years after
buying a townhouse for her parents in Twin Rivers – that began to
change. She said she received a letter from the board saying the
brown front door on her parents’ home was in violation of the
community bylaws because it was the same color as the townhouse
itself.
“They gave us a deadline to change the color of the door, which we
did, but missed the deadline by 12 days,” she said. “We received a
fine of $1,200.”
Then she won a seat on the board. Shortly after she left, the
C-IHC was founded. The ink on the charter was barely dry when the
Bar-Akivas received a letter from the board saying the storm door on
their home was in violation of architectural standards.
She especially criticized the Twin Rivers board and its attorneys
for being wasteful in the 1997 storm-door suit. Ms. Bar-Akiva
contends it cost homeowners $100,000. Mr. Pohl, who was elected to
Ms. Bar-Akiva’s former seat on the board, disputes that, saying about
$30,000 was spent. He denied Ms. Bar-Akiva’s claim that attorneys for
Twin Rivers charged $400 an hour for depositions.
Today, Mr. Pohl insists the same storm door, minus grates but
including a second color on the hinges – both objectionable to rules
Ms. Bar-Akiva claims were never recorded – is on the front of the her
residence. Mr. Pohl does agree with the Bar-Akivas on one thing – the
ridiculousness of the fight – but blames them for most of the cost.
Ms. Bar-Akiva contests that.
“You have an in insignificant encounter which then opens your eyes
as to how bizarre it can get,” she said. “These attorneys deposed us
for seven hours . . . all over a storm door.”