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The
Broken Czipper and Mezger’s POLP Rain September
10, 2006 Hi Joe: These
(see email below from former Coto de Caza board of directors, Joe Morabito) are
clear indications of an out of control board: Generally,
the rights of homeowners include the right to participate in meetings of the
board of directors and to be heard, including the participation of homeowner’s
representatives. These
rights include the
right to enter into dialogue with the association board of directors with regard
to any problem perceived in the development, without fear of ridicule or
intimidation of any kind. Contrary
to what Mezgers Paragons of the Legal Profession (Mezger’s POLP Rain) are
actively doing. These
rights include the use of the ethical principle of fair distribution.
Consider that the President of the Board of directors proudly announced
in a recent President’s letter that he was encouraging residents of the
Estates and Villages to participate in the safety committee, and in the same
breadth rejects a CZ resident, with over 30 years security management
experience, simply because such resident has an independent opinion! These
rights include respect for law and order Ironically
in California, the home of direct participative democracy, we have a Coto de
Caza local government where Fascist
Islamic Extremists would feel very much at home. Fortunately for Coto de Caza
residents, California also has one of the most substantive and procedurally
comprehensive and liberal anti-SLAPP statues in the nation – indications are
found in the statue’s first paragraph: The
legislature finds and declares that there has been a disturbing increase in
lawsuits brought primarily to chill the valid exercise of the constitutional
rights of freedom of speech and petition for redress of grievances.
The Legislature finds and declares that it is in the public interest to
encourage continued participation in matters of public significance, and that
this participation should not be chilled through abuse of the judicial process.
To this end, this section shall be construed broadly. SLAPP RESOURCES SLAPP
Report Form — Use this on-line form to request help
with a SLAPP filed in California. Survival
Guide for SLAPP Victims — Explains SLAPPs, how to
protect yourself from being a SLAPP target, and how to deal with SLAPPs. Defending
Against A SLAPP — Describes the legal process in
defending against a SLAPP in California. CyberSLAPPs
— Information on suits by companies against anonymous Internet posters. Where
to Find Help — Information on organizations that
provide legal assistance to SLAPP victims as well as organizations active in
fighting SLAPPs. Bibliography
on SLAPPs — A bibliography prepared by Penelope Canan
and George Pring of the Political Litigation Project, University of Denver,
Colorado. Legal
Documents (Official government documents and selected
cases.) Miscellaneous (Miscellaneous published and unpublished writings, seminars and workshops, continuing legal education.) OTHER SELECTED
BREACHES: Breach of
Fiduciary Duty - Depraved
Indifference:
We have been asking Mr. Varo and this board to focus on association
matters, rather than to pursue personal agendas.
Finally, in the January 2006
issue the CZ Master Association’s President’s Letter, Mr. Varo recognizes
that
“It
is important that while I and others on the board have our personal opinions on
these subjects and the CSD process, the process must be driven by residents and
not by the board…! “
However, once again the board is using
association funds to promote the CSD/City Hood issues by inviting “…some
residents who will take the reins on the investigation of the merits and/or lack
thereof associated with the formation of a CSD.” Remember that this is the same board that for
over two years has refused to form a security committee, even though we have
made several comprehensive proposals and have volunteered to lead the committee. This is the same board that has refused
to do anything, including responding to a number of calls for action,
immediately after the first traffic fatality in 10 years! This is the same board that has refused to
even acknowledge the security challenge we issued them. Breach of Fiduciary Duty – Depraved
Indifference Remember that this is the same board that for
over two years has refused to form a security committee, even though we have
made several comprehensive proposals and have volunteered to lead the committee. This is the same board that has refused
to do anything, including responding to a number of calls for action,
immediately after the first traffic fatality in 10 years! This is the same board that has refused to
even acknowledge the security challenge we issued them. If this is not depraved indifference, we do
not know what is! People v
Gaudet, 115 AD2d 183, 495 NYS2d 253 (3rd Dept 1985), People v
Knapp, 113 AD2d 154, 495 NYS2d 985 (3rd Dept 1985), US cert
denied 479 US 844, . In People v Steinberg, 79 NY2d 673, 680, 584
NYS2d 770 (1992), the Court of Appeals addressed acts of omission as the basis
for criminal liability, In People v Murphy, 235 AD2d 933, 654 NYS2d 187
(3rd Dept 1997) Breach of Fiduciary Duty - Due Diligence – The board terminated a security director, proponent of a
pro-active traffic control within the community and replaced him with an access
control director- basically relegating security to the back burner, with fatal
consequences. Corporations Code § 7231, Corporations Code § 5230,Burt v. Irvine
Co. (1965) 237 Cal.App.2d 828 Breach of Fiduciary Duty – Conflict of
Interest -
Funding of non-organization entities, includes placing personal agendas
(turning the association into a city), as
a top priority, rather than the personal safety of residents. Corporations Code
§ 1353.6, Corporations Code § 5230, Corporations Code § 5233, Killean Acres
Homeowners Ass'n v. Keever, 595 So. 2d 1019 (Fla. Dist. Ct. App. 1992); Hidden
Harbour Estates, Inc. v. Basso, 393 So. 2d 637 (Fla. Dist. Ct. App. 1981), Nahrstedt v. Lakeside Village Condominium
Ass'n, 878 P.2d 1275, 1281-82 (Cal. 1994). Breach of Fiduciary Duty – Discriminatory
Practices: Widespread
use of discriminatory practices, such as the arbitrary opening of the Oakview/Oakknoll
gates by prominent residents, against the advice of former board members.
Providing non-association organizations with funds to promote personal
agendas, while denying resources to residents more interested in accident and
crime prevention. Providing services
to residents, including the exercise of their free speech rights, conditioned on
non-disclosure agreements. Selective
enforcement of CC&Rs, compromising the personal welfare and well being of
residents. Corporations Code §
7231, Corporations Code § 5230, Corporate Law 124-5 (1986), Higley v. Kidder,
Peabody & Co., 920 P.2d 884 (Colo. App. 1996), Nahrstedt
v. Lakeside Village Condominium Ass'n, 878 P.2d 1275, 1281-82 (Cal. 1994). Breach of Fiduciary Duty – Arbitrary
Decisions – The board of directors, rather than rely
on the expertise provided by the property manager, used association funds to
hire a general manager reporting to Keystone, the association’s property
manager. In essence, arbitrarily
discarding the expertise usually provided by a property management company and
replacing it with a puppet - Evidence
shows that said general manager is incapable of executing
basic core management functions such as planning, organizing, controlling
and reporting on community issues in general and personal security specifically.
Evidence shows the general manager participating in a number of
cover-ups. Corporations Code § 7231, Corporations Code § 5230, Scott v. Williams, 607 S.W.2d 267, 272 (Tex. App. 1980),
Corporations Code
§ 5233, Nahrstedt v.
Lakeside Village Condominium Ass'n, 878 P.2d 1275, 1281-82 (Cal. 1994). Breach of Fiduciary Duty- Due Diligence – The board terminated the contract with
Maxicom Consultants. Repeated
requests to review the procurement process used in arriving at this decision
were ignored. So far we have
not found evidence that due
diligence was used. This decision has a significant financial impact on the
management of the association. Corporations Code § 7231, Corporations Code § 5230, Burt v. Irvine
Co. (1965) 237 Cal.App.2d 828 Breach
of Fiduciary Duty- Free Speech Rights - Unprecedented use of legal counsel funds to silence critics
and use of threatening letters to stifle free speech. Corporations Code § 1353.6, Corporations Code § 5230, Nahrstedt v.
Lakeside Village Condominium Ass'n, 878 P.2d 1275, 1281-82 (Cal. 1994). Breach of Fiduciary Duty- Due Diligence - Termination of
Securitas – arguably the largest private security company in the world,
replaced by the one of the smallest ones in the region.
Audit of the process found no evidence due diligence was used.
Repeated requests for such evidence were ignored.
Corporations Code § 7231, Corporations Code § 5230, Burt v. Irvine
Co. (1965) 237 Cal.App.2d 828, Killean Acres Homeowners Ass'n v. Keever, 595 So. 2d 1019 (Fla.
Dist. Ct. App. 1992); Hidden Harbour Estates, Inc. v. Basso, 393 So. 2d 637
(Fla. Dist. Ct. App. 1981, Nahrstedt, 878 P.2d at 1278. (CA) Breach of Fiduciary Duty- Due Diligence - Multiple Transponder Programs, without any real plan.
Multiple requests for evidence that due diligence was used were
un-answered. This action
compromises personal safety and well-being. Corporations Code § 7231,
Corporations Code § 5230, Burt v.
Irvine Co. (1965) 237 Cal.App.2d
828, Killean Acres Homeowners Ass'n v. Keever, 595 So. 2d 1019 (Fla. Dist. Ct.
App. 1992); Hidden Harbour Estates, Inc. v. Basso, 393 So. 2d 637 (Fla. Dist.
Ct. App. 1981, Nahrstedt, 878 P.2d at 1278. (CA) Breach
of Fiduciary Duty – Conflict of Interest - Landscaping
management institutionalizes discriminatory practices that reward districts
sympathetic to the board. Corporations Code § 1353.6, Corporations Code §
5230, Corporations Code § 5233, Killean Acres Homeowners Ass'n v. Keever, 595
So. 2d 1019 (Fla. Dist. Ct. App. 1992); Hidden Harbour Estates, Inc. v. Basso,
393 So. 2d 637 (Fla. Dist. Ct. App. 1981), Nahrstedt v. Lakeside Village Condominium Ass'n, 878 P.2d 1275,
1281-82 (Cal. 1994). Breach
of Fiduciary Duty – Conflict of Interest - Election Reform
Proposals we advanced were not even considered, where other trivial matters have
been funded. The California
Legislature and the Governor knew differently, as the governor signed into law
CID reforms intended to do exactly what we proposed – the board calls this
legislature, an attempt to micro-manage! Corporations Code § 1353.6,
Corporations Code § 5230, Corporations Code § 5233, Killean Acres Homeowners
Ass'n v. Keever, 595 So. 2d 1019 (Fla. Dist. Ct. App. 1992); Hidden Harbour
Estates, Inc. v. Basso, 393 So. 2d 637 (Fla. Dist. Ct. App. 1981), Nahrstedt v. Lakeside Village Condominium Ass'n, 878 P.2d 1275,
1281-82 (Cal. 1994). Breach
of Fiduciary Duty – Conflict of Interest - Board member
appointment cover up. – process used to appoint a replacement candidate with
one unconditional supporter of the board’s agenda was questionable and there
is ample evidence of a cover up. Corporations Code § 1353.6, Corporations Code
§ 5230, Corporations Code § 5233, Killean Acres Homeowners Ass'n v. Keever,
595 So. 2d 1019 (Fla. Dist. Ct. App. 1992); Hidden Harbour Estates, Inc. v.
Basso, 393 So. 2d 637 (Fla. Dist. Ct. App. 1981), Nahrstedt v. Lakeside Village Condominium Ass'n, 878 P.2d 1275,
1281-82 (Cal. 1994).
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