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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
LETTERS
Demand
for Apology & Resignation
Open
Letter to Laguna Woods' Golden Rain Foundation (GRF)
Board members and Corporate
Members, Requesting an Apology to Residents & Mr.
Michael Curtis
June 19, 2009
When we go to the supermarket, we have a reasonable
expectation to be treated with a measure of respect
and human decency.
Likewise when we attend a public function, and
more so when we attend a local governance meeting.
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”
Generally,
courts will uphold decisions made by the governing
board of a homeowner's association so long as they
represent good faith efforts to further the purposes
of the common interest development, are consistent
with the development's governing documents, and comply
with public policy.
So, why is it that when Laguna Woods Village residents attend
a GRF board meeting, such as was the case during the
June 2, 2009 board meeting, one is subject to verbal abuse by none
other than the president of the board, and with tacit
approval from the rest of the board members?
Keep in mind that board president Erwin
Stuller’s outburst and tongue-lashing is not an
isolated instance, but rather, appears to be the rule.
Columnist and author Donie Vanitzian writes in her work on California Common Interest Development – Homeowner’s Guide: “a breach of trust is a breach of fiduciary duty. Failing to take the same care that an ordinary prudent person in a like position would use under similar circumstances while carrying out one’s directorship is not performing one’s fiduciary duty."
Any
reasonable person who attended the June 2, 2009 GRF
meeting, or seen the video clip of the
proceedings, must conclude that board president Erwin
Stuller and the rest of the board breached their
individual and collective fiduciary duty, and hence
the undersigned demand that an apology be
extended to all residents of Laguna Woods Village in
general and to Mr. Michael Curtis specifically.
Further, the undersigned also demand Mr.
Stuller’s immediate resignation. Should it not
be offered, it
is incumbent upon all remaining Corporate Members to demand
and obtain Mr. Stuller's resignation
Laguna Woods Residents Supporting a Demand for Apology:
| Disclosed Residents |
Undisclosed Residents |
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(6)
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Laguna Woods Corporate Members
Golden Rain Foundation (GRF) Board of Directors
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United Mutual Board of Directors
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Third Mutual Board of Directors - Removed Ms. K. McDaniel Without Cause
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Mutual 50 Board of Directors
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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
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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
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experience from the garden to manage a 90 million
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$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
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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
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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
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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
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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
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Lawyer
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Question: I manage a large condominium project in Los
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CONDOMINIUMS
ARE A GREAT INVESTMENT- FOR LAWYERS
About every two months I get a call, or a client comes
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Homeowners Association refused??
Paraphrasing
the LA Times on Defeat of SB670 & Wicked Twin
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Taking a page out of the OC Register?s ?paraphrased
reporting?, an article written by LA Times staff
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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
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Sponsor and help draft transfer fees, we were
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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
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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
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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
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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
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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...
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