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2009 / Once again, Bill Feeney/Sandalwood Estates sue City of Petaluma

Not only one - but two lawsuits in December 2008 against the City of Petaluma
from Sandalwood Estates Park owner


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Sandalwood Estates is a mobile/manufactured home park built in 1964 for senior citizens by the Thomas Family and remained within the family until December 2000.  From 1964 to year 2000, it was called 
Candlewood Park.   As you drive into the park, you are on Candlewood Drive where the office and the club house are located.   Residents from age 55 to late nineties own their homes and pay rent on the small piece of land beneath their homes.
  
 
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Although I never met the Thomas family,  you can still feel their presence in the park.  The unique design of the park  reveals a certain personality trait of the Thomas that is unmistakably kind and compassionate.

 
Unlike many parks that I visited, the Thomas built this whole park into small courts.  178 units built into U-shaped courts of four mobile homes each court.  I hear that the intention was to encourage communication and socialization among the home owners.    The stories go on about the barbecues, the holiday celebrations, the games.  It was a large happy family. 
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The park remained within the Thomas family until December 2000, when Elaine
Thomas, who inherited the park after her parents passed, finally consented to sell after repeated offers from Dieter and Helene Rabe of Napa County.   Elaine allegedly told some residents that
the Rabes made her an offer she could not refuse.

Would she have sold out had she known the fate awaiting the homeowners of
Candlewood Park?  Probably not according to those who knew her well.


Sandalwood Park
After almost forty years as Candlewood Park, the Rabes changed the name of the park to  "Sandalwood Park". 

It is not clear what took place between Dieter and Helene Rabe and the next owners.  The Rabes were in the park less than four months when  two wealthy investors, T. Patrick Smith and William M. Feeney, applied  for their license for Sandalwood Estates, LLC.  April 19, 2001.    Residents of the park did not find out of the deal until July, 2001.  Feeney and Smith had (allegedly) signed a contract with the Rabes to lease the park for 55 years! ?  . . .
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William Feeney and T. Patrick Smith had big plans for Sandalwood.  July 2001, Sandalwood Park became Sandalwood Estates, LLC. 

The Rabes / Feeney and Smith transaction was bad news for the homeowners of Sandalwood and it was a sad day for this community of seniors citizens where the majority are on fixed income.  The Rabes had probably paid over market value for the property, and now, in addition to the Rabes, this community was saddled with the Feeney and Smith's (alleged) lease and they demanded a "fair rate of return" on their investment soon after (allegedly) signing their 55-year rental contract.

When Feeney and Smith took over the park, this was a gentle and friendly community, but to Feeney and Smith, the land they leased was an investment.



The Homeowners of Sandalwood Estates



Sandalwood Estates, a mobile home / manufactured home park located off McDowell Boulevard North in Petaluma, California, is a community of senior citizens where the majority are on fixed income.  Some of the homeowners have been living in this park since it was built in 1964.  The ages range from fifty-five to late nineties.  The homeowners own their homes but pay rent on the small land beneath. 

Candlewood Park / Sandalwood Park, has always been affordable housing for senior citizens and most expected to live the rest of their lives in this comfortable and gentle community.   But for  many elderly more fragile residents, the transition of the park and the constant fear that they could not meet the demands of the new owners, added such stress and was overwhelming.  The fear of losing their homes robbed them of their last days of peace. 

Several homeowners died suddently soon after the new owners took over the lease of the land.   



Feeney and  Smith
And
First Meeting with the Homeowners




The club house was full.  Everyone who could walk was there and the tension was high as homeowners waited for the meeting to begin.  They were concerned about what they were about to hear, yet they hoped for the best.  These new landowners, would they see their anxiety?  Would they cared about their lives? 

Two large tableaux were set up with large blank sheets of paper ready for the speakers to demonstrate their plans for the future of Sandalwood Estates, LLC and the future of the homeowners.

From age 55 to late 90s, they listened while slowly realizing their worst fears confirmed.  Patrick Smith and Bill Feeney, multi-millionaires and new owners of the Sandalwood land, clearly spoke of their intention to raise the rent to $600.00 per month as quickly as possible.  It was more than double for most homeowners on fixed income.   

That evening residents of Sandalwood went home devastated.  Many in tears.   Most spent sleepless nights worrying, wondering what to do, where to go.   Where do you go if you are 85, unable to work and about to lose your home?

In their convertible Mercedes and BMW, Mr. Feeney and Mr. Smith made a grand entrance into the senior mobilehome park.  They demonstrated their authority and without doubt, they expected Sandalwood homeowners to be easily intimidated by their ruses.  

Sandalwood is a wonderful and friendly little community where everyone looks after each other.  Soon we began to see this community rise, organize, ready for a fight.   Leaders took control and worked hours, days, and months to learn the laws, talking to politicians, to lawyers, raising money to fight these abuses.  Yes, some gave up.  (It is alleged that  $55,000 homes were bought by Feeney and Smith for $10,000.)   Many moved rather than facing stressful battles.  And some died.

Feeney and Smith soon put their plans into actions and began working on the elderly.  They wanted everyone on long term leases.  Those who chose to stay under the city rent control laws were punished with notices of rent increases of more than 100%.  On May 9, 2002, an arbitration decision made by
arbitrator Leland Dibble, denied Feeney and Smith their  demand to raise the rent for more than 6%, what is allowed by city Ordinance Section 6.50.040A.  

Feeney and Smith, angry at the decision, appealed the ruling and sued the City of Petaluma, claiming bias by Arbitrator Leland Dibble.  They lamented they were denied a "fair rate of return" on their investment.  They claimed that by denying them the requested rent increase, the homeowners were taking from them! ! !  They were the victims.  They, the sophisticated businessmen  millionaires who came to Petaluma looking to expand their wealth off the backs of the elderly, they were the victims.

As Mr. Dibble justly stated in Findings of Fact, Feeney and Smith knew when they acquired Sandalwood that the park was affordable housing for senior citizens.  "They appear to have overpaid in terms of lease payment for the property, and thus the tenants cannot be burdened with that miscalculation."
                                               
And Judge Owen agreed with Mr. Dibble and added: "Petitioner did not show that it was denied a fair hearing by Mr. Dibble since the mere fact that a decision is rendered against a party is insufficient to mandate disqualification for bias."

Still, Feeney and Smith were not satisfied as they continued to make good of their promise to take the homeowners to arbitration year after year.  Less than a month after they lost the lawsuit, Feeney & Smith sent new notices to the stressed homeowners for another rent incease of 111 %.  

Speaking to Argus Courier reporter, Chip McAuley, the attorney for the homeowners, Joseph Smith said: "The park owners either need to be criminally indicted or have a civil lawsuit brought against them for elder abuse and unfair business practices."  "A lot of tenants will die, or move out of the park and the Bay Area," he said.  Several have had strokes during the arbitration process.  "Someone has to intervene.  I can't do it alone."

After several years of duress on the homeowners, Bill Feeney and Patrick Smith finally entered into an agreement with the affected parties and the City of Petaluma.  The agreement, signed in January 2004, was relatively reasonable considering their demands.  But, was it the end?

Was it the end of harassment for Sandalwood seniors and elderly?  Hardly!


To be continued . . .   
.
Coming up:  Trouble at Sandalwood Estates
Retaliation at Petaluma Sandalwood Estates

January 11, 2009

Once again, Bill Feeney/Sandalwood Estates sue City of Petaluma 


Not only one - but two lawsuits in December 2008 against the City of Petaluma from Sandalwood Estates Park owner

Bill Feeney / Sandalwood Estates in arbitration again with nine more homeowners.  Bill Feeney cries to City of Petaluma for legal costs of arbitration. 

Like Petaluma Mayor, Pam Torliatt said:  Bill Feeney has a choice.   He chose to take homeowners to arbitration year after year. 

In 2001, Bill Feeney chose to enter into an agreement with Sandalwood Estates park owners, The Rabes, knowing this was a senior park under rent control.  (In my opinion, something illegal happened in the Rabe/Feeney transactions) The past more than eight years he has been trying to break rent control in Petaluma and more than eight years later Bill Feeney is still trying to destroy the spirit of the remaining homeowners.  (many died or moved out)  He is still taking several homeowners through arbitrations year after year, harass and retaliates against many and is making life miserable to try to force them to move out so he can replace the homes and get large rent increases.   The man is a miserable and ageing creature and one day he will pay dearly for his acts against humanity.  
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This website, PetalumaSandalwood.com, has no affiliation with Sandalwood Estates, LLC.  This is a personal website and the information published and opinions expressed are those of  the webmaster and provided by Elle on the Web for your personal use.  
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Marcelle E. Guy
Contact:  elle@svn.net





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