Coto de Caza, California is a census-designated place and guard-gated private community in the unincorporated Trabuco Canyon area of Orange County, California. As of the 2000 census, the CDP had a total population of 13,057
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Coto de Caza Cumulative Voting - Just the Facts Ma'am
From time to time, a Coto Discussion Forum reader opines that he
prefers to hear facts and not personal opinion – so here are some of them with
regards to cumulative voting:
Our audit of cumulative voting records kept by Keystone show a
number of irregularities: For
starters, the only record available to us was a tally sheet with only Paul
Young’s signature. When
questioned, a Keystone representative stated that legal counsel had given
“verbal approval” to the process used.
Young is chairman of the Delegates and Other Committee, the committee
responsible for bringing Coto de Caza the current board of directors and its
disastrous consequence. It should
also be noted that the D&O committee is sanctioned by the current board, AND
the CZ Master Association website still shows Paul Young as the Chairman, that
Young has not been a homeowner, but Jerry Mezger “believes” it is illegal
for spouses to serve on the same committee.
So apparently somewhere in Mezger’s gray matter, it is better for a
non-homeowner to make decisions about community public safety and how to spend
resident’s money, than the more rooted spouses!
The current board of directors bowed that if elected, they would
not hold dual seats: As district
delegates and as members of the board. Well,
now ALL current members of the board ARE both district delegates and board
members. The net effect is that
without free, democratic elections, and with cumulative voting, this most
ethically challenged minority has a strong grip on how the CZ Master Association
affairs are conducted.
Because of the irregularities we have witness with regards to
cumulative voting, we sent a proposal to the board to ban this practice.
We also campaigned for election reform at the state level.
Results: The state
legislature approved the spirit of our proposal, yet the board NEVER even
acknowledged receipt of our proposal.
Below is an excerpt of the proposal we sent the board
voting concept emerged out of corporate law where it was used to protect the
rights of minority shareholders: A large corporation would have to accept an
individual shareholder representing a minority interest, as opposed to the
typical slate of corporate executives. By
banding together with other shareholders with similar interests, they could all
cast their votes by share-totals for one candidate to guarantee at least one
representative on the board who could speak on their behalf, and
Whereas another use of cumulative voting is
to save a director who is a target for removal from the board.
[Illinois General Not For Profit Corporation Act, 805 ILCS
Whereas it is common knowledge
that cumulative voting is often abused in a power grab to get a seat at the
table and then systematically
destroy the Association as other board members resign, or are pushed
off, to be replaced by like-minded nominees of the rule thy neighbor
crowd such as has been done with the current CZ Master Board of Directors, and
Whereas most of the current
members of the CZ Master Association Board of directors in what can be described
at best unethical move are also district delegates, allowing them to vote
themselves into office and pre-empt a valid recall,
Therefore it is here proposed
that no member of the CZ Master Association Board of Directors be allowed to
hold a district delegate or alternate district delegate position.
All: Note the recommendations below specific to the new election rules
which will take effect in July, 2006 related to HOA elections. Particularly,
the recommendation that cumulative voting be eliminated. Unless our
current incompetent CZ Board plays games with this which given their history
would not surprise me, we may actually have real democracy in Coto.
Is it any surprise then, that we have not had an official response form either legal counsel, the board or Keystone on our message below:
Cary Treff <ctreff@KEYSTONEPACIFIC.com> wrote:
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