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May 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
Laguna Third Mutual's President Queries Answered
Which wolf will you feed today?
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 is asked which wolf will eventually win, he responds, "the one I feed"
Reacting
to the piece Katie
Wins, Moore et al: 0, McDaniel 2,
published by the CotoBuzz Journal April 23, 2009, Mr.
Michael Curtis, member of the Laguna Woods Village
United board of directors, asks the board to do the
right thing. “Any
two board members can call a special meeting.
Third should call a special meeting, consider the
costs and bad press they will be facing for the next
1-2 years, put their collective hat in their hand, and
reinstate Katie”. Mr. Curtis summarizes in
part, his argument for re-instating Ms. McDaniel as
follows”
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"The path you're on serves no real purpose.
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The path you're on will cost a huge amount of money.
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The path you're on will be a constant distraction to the board and community.
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Moore, Muennichow, and Souza are up for reelection this year - potential big changes anyway.
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Because Katie was removed "without cause", she is eligible to run for a seat this coming September"
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"It
appears you want to save the community money
and to protect our homeowners. We
appreciate your interest. I would like your
help in this endeavor. Could you clarify a
few issues for the rest of us whom you feel do
not understand the issues as well as you? Your
help will be appreciated. 1. Whether a director of a board in this community is a member of Third Mutual or not, do you believe there is any effect if that director takes an action that might affect not only that director's board, but the members of the other mutuals? (a yes or no answer will help, but if you would care to explain, please feel free). 2. Do you feel a director of any board can take an action that can affect that director's board without the knowledge of the other board members? (please explain) 3. What is your personal feeling regarding fiduciary duty, i.e. what do you feel it implies? (please explain) 4. If discussions which have been deemed confidential, take place during a closed session meeting, what is your opinion regarding that information? I.e. what is your personal feeling regarding confidentiality? Thank you for your help with this matter. I look forward to your response."
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Questions posed by to Mr. Curtis by Ms. Moore |
To add social context to Ms. Moore questions given that these seemed to be directly related to handling of confidential information, we followed up and asked Ms. Moore and certain majority board members the following:
| You
may recall that some 12-16 months ago Third
Mutual president Jim Matson initiated censure
procedures as a result of a letter sent to
Globe's Director's Corner asking for a new
property management agreement, a forensic
audit request and, request for
accountability. The censure was
reportedly handled in executive session, then
copies supplied to the Residents Voice,
causing great furor in the community- is
this the type of handling of confidential
information you refer to?
Then there were
statements made in the Positive Solutions
campaign literature last year that must had to
come from discussions in closed board
sessions. Specifically discussion about
whether to remove either Milt or PCM. It
is understood that Ms Cynthia Conners and Mary
Robertson were involved - on the other
hand, apparently Ms. Robertson now seems to be
cheer-leading efforts on behalf of Milt an PCM
- radical change, but does involve the
handling of confidential information as well.
It is also widely speculated that Ms. Conners
still maintains communication with the
boards.
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Mr. Loghrey's Fiduciary duty illustration |
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| Mr. Loghrey's illustration - Which wolf will you feed today? |
Although we did not get a response from Ms. Moore, Third Mutual director Carol Skydell did not like the fact that we addressed our questions only to certain member of the board. The only plausible conclusion we can reach is that Ms. Skydell does not want to be associated with either the majority or the minority. That way she can argue that she is on either side.
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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...
$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...
Dare's
role in Pastures cost association $100,000 HIRING
AN ATTORNEY CAN BE HAZARDOUS TO YOUR HEALTH LEGAL BRING
BACK GOVERNOR PETE WILSON Casta
Courier Coverage of Unhappy Campers at Leisure World SPENDING
OTHER PEOPLE?S MONEY by Donie Vanitzian, JDX(c) 2007
Vanitzian Critics
do not attend board meetings - GRF that is! The
New Seven, err... Eight Wonders of the World Lawyer
seeking condominiums' business goes over the line CONDOMINIUMS
ARE A GREAT INVESTMENT- FOR LAWYERS Paraphrasing
the LA Times on Defeat of SB670 & Wicked Twin
Witches of the West - SB 127 & AB-980 Private
Transfer Tax - Good for the Common Interest
Development (HOA/CID) Industry or Good for the
Politicians? Management
company's tape-recording tactic puts homeowners at
risk Of
Trial Lawyers, the AAJ and the Democratic Party Laguna
Woods Village CC&Rs, What CC&Rs? I Got Your
CC&Rs Right Here! What
is better in HOA Management? Transparency and
Accountability or Feel Good?May 22, 2007 HOW
DO OWNERS SPELL L-A-W S-U-I-T? SENATE BILL NO. 127!X 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! THE
LAW OF INTENDED CONSEQUENCES - WHAT A DIFFERENCE A
"WORD" MAKES: NO! ON ASSEMBLY BILL NO. 563 EMERGENCY!
EMERGENCY! OOPS! WE JUST HAD THE MEETING! YOU MISSED
IT!! CAN
YOU OUTSWIM YOUR HOA SHARKS? or will you drown trying? HEY
GRAY PANTHERS! YOU GOT IT WRONG! The
Law of Unintended Consequences: Legislation and HOA
BOD Cause and Effect: Clueless in my CARComing 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...
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.
This ain't no party! This ain't no disco! This ain't
no community!
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...
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...
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...
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...
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:
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 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...
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...
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...
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...
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??
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...
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),...
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....
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...
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.
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...
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?
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...
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...
So THIS is what the Senate calls an "Open
Meeting." How many Open Meetings have THEY been
to? Obviously not many. ROTFLMAO!
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...
(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?
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