 |
July 2009
We do not make jokes, we simply watch the LA Times, the Orange County Register and CID/HOA board of directors and report the facts
Argument
against Coto de Caza’s Cumulative Voting
Posted by CotoBlogzz | 06-21-2009 |
For some time, the California Legislature has tried to reign
in on power-hungry boards. In fact, the California
Supreme Court in the case of Nahrstedt v. Lakeside
Village Condominium Assn. (1994) 8 Cal.4th 361, 33
Cal.Rptr.2d 63, stated that "because of its
considerable power in managing and regulating a common
interest development, the governing board of an owners
association must guard against the potential for the
abuse of that power" . In 2006, the
California Legislature passed a law to finally get rid
of an archaic delegate system and replace with direct
elections to appoint a new board of directors.
For close to a decade, however, the CZ Master association
affectionately known as the Varo/Mezger boards have
not only refused to comply with the spirit of the
direct democracy statue, but continue to used
cumulative voting to stay in power. The consequences
cannot be more dramatic: With three dues increases in
the last five years and reserves under 30%, the board
is now pimping the fourth website in five years - this
last website automatically tracks residents' personal
information and is then bartered, traded and or sold.
It should be noted the IRS is not too kinds to
bartering systems between non-profits and for-profits,
for all too obvious reasons.
What Cumulative Voting is supposed to do and not do:
Only in Coto de Caza:
There is not a single municipal, county, state, or
federal election that uses cumulative voting. This
kind of voting was intended for stock corporations so
small shareholders would have a voice. Otherwise,
companies would be completely dominated by large
shareholders. Cumulative voting is automatically
included in new HOA bylaws to give owners a voice when
the association is controlled by the developer. Once
the developer is out of the picture, there is no need
for cumulative voting.
Problems With Cumulative Voting:
The problems with cumulative voting, long favored by
Varo/Mezger, far outweigh any theoretical benefit
related to minority interests. Cumulative voting makes
it easy for disruptive, fringe, and single-issue
candidates to get on the board, such as pimping
websites and online surveys, and promoting cityhood,
for example.
Moreover, once a bad director has been elected, cumulative voting makes it almost impossible for the membership to remove that director from the board. With a conventional voting system, i.e., casting one vote for each candidate, candidates must seek a broader base of support thereby increasing the likelihood that more moderate, business-like candidates are elected.
|
|
| RSS Feeds | Buzzzzz | ||||||
|
|
|
|
||
 |
Comments.
|
|
|
|
To Recall or No
Recall, & The HOA Hall of Shame
The Hen House Guarded by the Fox in Laguna Woods Village's
Foster's Farm & the Hall of Shame - News
This Friday at 2:00 PM
Posted
by CotoBlogzz | 06/17/2009 04:00 PM
Hoist
By Their Own Petard - Fuses get shorter in Laguna
Woods Village
Posted by CotoBlogzz | 06/03/2009 05:00 PMLaguna Woods
Village, CA -So, exactly what happened during
yesterday?s Golden Rain Foundation (GRF) board of
directors meeting in Laguna Woods
United
Recall Petition Signed Sealed and Delivered - Finance
Committee Meeting
Laguna Woods Village, CA - As promised, earlier today
United Mutual director Michael Curtis during the
Finance Committee Meeting, delivered a petition to
recall certain United board boards, with close to 100
verified signatures over an above the required...
United
Board Recall In Final Stretch ? 4th of July in June!
Laguna Woods Village, CA - Change is in the air. So is
anticipation, excitement, thrill and for some, fear.
Fear that their telephones are bugged. Fear of
retribution. Fear of the unknown.
Prosecuting
Mr. Curtis - or is it Persecuting?
Posted by CotoBlogzz | 05/26/2009 8:30 PMPCM General
Manager Milt Johns, taking exception to the coverage
by Orange County Register of the recent exile of
United Mutual Director Michael Curtis from his own
community, documents his displeasure at the..
Laguna
Woods Village - United Board on Official Notice
TO: United Board:About a month ago, the official
"United Membership List" was provided to me
by Bill Hart. I believe it is dated April 29th. This
is being used to verify all signatures on the Removal
(or recall) Petition, so that the official...
The
$5 Million Landscape Budget and Recall Petition
Laguna Woods Village, CA - We have been to Laguna
Woods Village. We have seen Laguna Woods Village. The
place is nicely kept, but how many gardeners does it
take to justify a $5 million/year budget?That is the
question residents are asking, as the...
How
to recognize a cheater
The traditional cheater is, for example, the crude
sneak thief. He is also the small-time bureaucrat or
politician on the take. He needs little skill and much
gall to extract his living. But he lives in constant
danger of being caught in the act and...
Laguna
Third Mutual's President Queries Answered
Which wolf will you feed today? Posted by CotoBlogzz |
05/06/2009 9:00 AM | Have you heard the story about an
old man who keeps struggling with two constantly
fighting wolves? The first wolf represents truth, the
second represents evil. When he...
Laguna
Woods Village Budget
I keep hearing at all the committee meetings, the
capital expenses being approved come out of reserves
and will not add anything to our monthly assessments.I
beg to differ.
Law?
What Law? WE are the Law! Recent find
of Original Documents were mailed to each President
(GRF, Third Laguna Hills Mutual and United Laguna
Hills Mutual), together with information sheets
from OriginalTrust and amendment to the Trust dated
Jan. 9, 1969. These documents stated how and why Ross
Cortese, the developer of Leisure World Laguna Hills,
changed the concept of Leisure World Laguna Hills from
a Senior Citizen non-profit Co- operative to a Senior
Citizen non-profit Condominium Complex.
New
Golden Rain Foundation Rules of Engagement
On the heels of the Golden Rain Foundation?s (of Seal
Beach) decision to appeal the recent Court of Appeals
decision, on a financial transparency lawsuit, to the
state Supreme Court, the embattled GRF HOA board of
directors recently decided to enact...
Cynthia
Conners Being Asked to Resign
New
Third Laguna Hills Mutual of Laguna Woods Village
Board Seated
The
Devil Made me Do It - Blame it on the Loopholes
During Thursday?s CZ Master Association?s Candidate?s
Night designed for Coto de Caza residents to meet the
candidates running for two seats on the CZ Master
board, the first question mischaracterized our
position, asking an either or question: ?Buzz...
The
Right LWV Leadership for Such a Time as This?
Is this general manager (Milt Johns) over his head in
his management skills? Can someone come out with only
experience from the garden to manage a 90 million
dollar business without a conflict of interest? When
is the last time Mr. Johns lowered our costs...
$2
million Verdict Returned Against Homeowners
Association
Conduct constituted malice, oppression, or fraud and
committed by one or more officers, directors or
managing agents of the HOA - Presiding Juror Earlier
this week a jury in a case filed in Superior Court of
California Riverside, a jury ruled in favor...
GRF
2009 Budget Review, Be There or Be Out of Luck!
Letter from LWV resident M. Curtis inviting concerned
residents: Tomorrow (Tuesday, July 22) at 9AM, in the
Community Center Board Room, GRF will have a Special
Corporate (all boards) meeting to review next year's
budget. See the...
Different
Homeowners Association, Same Issues
I assume that you are a member of the Walnut Creek
Leisure World Association, or is this another HOA in
the area? We have had many comments of similar
problems by HOA's who happen to run into our website
and I'm glad that you contacted me
The
Right LWV Leadership for Such a Time as This?
Is this general manager (Milt Johns) over his head in
his management skills? Can someone come out with only
experience from the garden to manage a 90 million
dollar business without a conflict of interest? When
is the last time Mr. Johns lowered our costs...
Working
to Serve, Or Serving To Work - Letter to OC Register
Columnist
Another good column. I was wondering if there was ever
any serious consideration to any non-union government
employee for the position of publicly elected Sheriff
by either the Register or Supervisors? That is all I
see in your Top Five selection and...
To
Destroy a Community, or to Destroy the Status
Quo?XThat is the Question in this Letter to the
Menifee SCCA Board of Directors
First of all I have no intentions or no desire to
destroy "our community". However, I must ask
you to please define what you think the community is,
what it is you think I am threatening to
destroy?Secondly, Sun City has been declared a
"blighted...
HOMEOWNER
ASSOCIATION TITLEHOLDERS ARE "HUMAN CAPITAL"
by D. Vanitzian(c) 2007 Donie VanitzianWhen criminal
liability is not charged against the
"criminals" in an association, then the
titleholders become the Human Capital used to fund the
criminal activities and wrongdoing.
HOMEOWNER
ASSOCIATIONS: A CLUB YOU DON'T WANT TO BELONG TO
This ain't no party! This ain't no disco! This ain't
no community!
Dare's
role in Pastures cost association $100,000
By BRENDAN J. LYONS, Senior writer First published:
Sunday, Times Union August 12, 2007. Republished with
permissionAugust 12, 2007 ALBANY -- An advocate for
the Historic Pastures Homeowners Association, which
lost more than $100,000 in...
HIRING
AN ATTORNEY CAN BE HAZARDOUS TO YOUR HEALTH LEGAL
BLACKMAIL--TAKING CLIENTS HOSTAGE- Q: How can you tell
when an attorney is lying? A. His lips are
moving.August 10, 2007 If California can place caps on
spending and caps on fees of various types of
businesses -- then it needs to put caps...
BRING
BACK GOVERNOR PETE WILSON
by Donie Vanitzian, JD(c) 2007 D. VanitzianYou can?t
have a good old boys and girls club without a little
help from friends in high places, of course, a little
help from California?s State Bar wouldn?t hurt either.
[FN1]Forget for a moment that the term...
Should
I stay or should I go - in/from my HOA? X
First was the Delegate?s Corner blasting CZ Master
Association board of director?s critics for speaking
out against a corrupt delegate system and electoral
process in favor of direct elections, consistent with
current legislation, and consistent with the...
Casta
Courier Coverage of Unhappy Campers at Leisure World
I'd like to comment on the following paragraph that
was in your publication "The Casta Courier"
on July 19, 2007. The second paragraph reads as
follows:
SPENDING
OTHER PEOPLE?S MONEY by Donie Vanitzian, JDX(c) 2007
Vanitzian
I mean really! How difficult is it to spend other
people?s money? Cheech!! It?s a no brainer, especially
with no statutory accountability. "Hey man, it
ain't difficult" one board member tells me, he
says "no one gives s**t." He proceeds to
point to his...
Critics
do not attend board meetings - GRF that is!
Critics do not attend Home Owner Association Meetings
to learn of actions deemed necessary by their
Board!August 6, 2007 Critics are principally
individuals who fail to attend Home Owner Association
Meetings to learn of actions deemed necessary...
The
New Seven, err... Eight Wonders of the World
CZ's definition for leadership is that whenever
questions are raised, the canned response is ?Remember
the Reserves?! Now CZ Spin Machine has to be the Eight
Wonder of the World!- August 6, 2007 The results of
the NOWC?s New Seven Wonders of...
"TWIN
RIVERS" = "TRIPLE PROBLEMS"
Note to the do-gooders whose glasses are corrupted by
the half-full half-empty circular-argument nonsense
and who want only to hear the good-of-it-all and
nothing too depressing, oh, and want only smiley ha-ha
journalism: Go grab your teddy bears and...
Lawyer
seeking condominiums' business goes over the line
Question: I manage a large condominium project in Los
Angeles. Unsolicited, an attorney sent me an
invitation to meet with him over lunch. He then phoned
me several times, including the day before the lunch,
explaining the purpose was to speak only with...
CONDOMINIUMS
ARE A GREAT INVESTMENT- FOR LAWYERS
About every two months I get a call, or a client comes
in to ask me about condominiums. It usually starts off
with, ?I bought this adorable little condo? and then
the upstairs neighbor had a flood?. And then the
Homeowners Association refused??
Paraphrasing
the LA Times on Defeat of SB670 & Wicked Twin
Witches of the West - SB 127 & AB-980
Taking a page out of the OC Register?s ?paraphrased
reporting?, an article written by LA Times staff
writer Diane Weder titled ?Bill to limit transfer fee
founders?, published appropriately on May 13, 2007,
quotes the president of the statewide Realtors...
Private
Transfer Tax - Good for the Common Interest
Development (HOA/CID) Industry or Good for the
Politicians?
When we received our copy of the report that the
California Association of Realtors (CAR) used to
Sponsor and help draft transfer fees, we were
confused. Given that Vanitzian has become an icon in
Sacrament (some say a thorn in the legislature's
side),...
Management
company's tape-recording tactic puts homeowners at
risk
Question: Because our management company has been sued
before, it has a policy of recording all incoming and
outgoing phone calls. Before a management employee
answers the phone, there is an automatic announcement
warning callers they are being recorded....
Of
Trial Lawyers, the AAJ and the Democratic Party
The National College of Advocacy and AAJ Education
maintain two distinct programs that recognize AAJ
lawyer member efforts in pursuit of advanced legal
learning and professional development?the Achievement
Recognition Program and Advanced Studies in Trial...
Laguna
Woods Village CC&Rs, What CC&Rs? I Got Your
CC&Rs Right Here!
Coto de Caza is not the only place where the board of
directors consistently either disregard the civil
code, governing documents (Covenants, Conditions and
Restrictions - CC&Rs) or even the moral code.
What
is better in HOA Management? Transparency and
Accountability or Feel Good?May 22, 2007
Mostly as a result of the Enron and Worldcom scandals,
the Sarbanes-Oxley Act of 2002 known as the Public
Company Accounting Reform and Investor Protection Act
of 2002 and commonly called SOX; was enacted to
provide business executives with less wiggle...
HOW
DO OWNERS SPELL L-A-W S-U-I-T? SENATE BILL NO. 127!X
This author asks WHERE ARE THE PENALTIES AGAINST
MANAGEMENT COMPANIES AND BOARDS? WHAT?S THE PENALTY
FOR BREAKING THE LAWS THAT THESE LEGISLATORS ARE
PASSING?
Two
of the Worst & Most Detrimental Laws to Hit
California are Sponsored by None Other than:
California Association of Realtors (R) The Gold is
Gone --No more gold in the Golden State!
Dear Governor Arnold Schwarzenegger,
SHATZI! PLEASE REMEMBER YOUR PROMISE TO US. Please
listen to the people who support you and look to you
to help us! When you first began buying property in
California NO ONE told you what you could or could not
do...
THE
LAW OF INTENDED CONSEQUENCES - WHAT A DIFFERENCE A
"WORD" MAKES: NO! ON ASSEMBLY BILL NO. 563
It apparently does not matter that titleholders with a
vested interest in their property cannot get their
legislators to carry legislation to help US, but, they
can waste taxpayer funds by preventing the bills WE
WANT and NEED by CHANGING *ONE* WORD in an...
EMERGENCY!
EMERGENCY! OOPS! WE JUST HAD THE MEETING! YOU MISSED
IT!!
So THIS is what the Senate calls an "Open
Meeting." How many Open Meetings have THEY been
to? Obviously not many. ROTFLMAO!
CAN
YOU OUTSWIM YOUR HOA SHARKS? or will you drown trying?
Owning, let alone living in an HOA is a tough JOB and
requires you be physically fit, possess a certain
sophistication of the processes, and have the
character let alone stamina, that allows you to be
persistent in a manner that indescribable to REAL...
HEY
GRAY PANTHERS! YOU GOT IT WRONG!
(c) D. Vanitzian
May 16, 2007The Gray Panthers are on record as
SUPPORTING A BAD BAD BAD BAD BILL: Senate Bill Number
948. SHAME ON YOU. Where the heck are you getting your
information from?
The
Law of Unintended Consequences: Legislation and HOA
BOD Cause and Effect: Clueless in my CAR
Coming off a most improbable but successful campaign
to defeat SB 670 author and HOA advocate Vanitizian
thanks supporters making a connection between the
quality of legislation being passed in Sacramento, and
the quality of life in most homeowners...
|
Select Blogzz & click icon |
|
|
|
BlogzzSphere |
||
|
|
ADVERTISEMENT
|
|
|
|
