The CotoBuzz Journal, Community Journalism

Agoura Hills, CA - Is management of attorney-client privilege strictly a matter of ethics? Does it matter? Brian Martin SVP and general counsel of KLA Ten Corp. thinks there is a knowledge gap as evidenced by recent case law reminding attorneys that:

Ø Communication are not privileged when a lawyer serves as a conduit for the communication.

Martin then asserts that the “root cause of the mismanagement of privilege is confusion over the identity of the client, and goes on to describe five factors identified by the courts to be present for privilege to apply including the necessity of such information to provide legal advice or was ordered by a supervisor.

In most homeowners associations (HOA) we are familiar with, the typical response given to requests for information is that the resident cannot have “because it is privileged”

In the case of the Morrison Ranch, Jan Gerstel is also dealing with an issue that comes up as a frequently filed complaint in a (HOA) – She is dealing with the attorneys who are hired and paid for by the association regarding settling and issue with Barbara Wood serving on the Architectural Committee beyond the term allowed in the CC&Rs. Jan argues for the use of free mediation service to settle the dispute, while “the Board insists on using a very expensive mediation service” – why not? After all, who is really paying for the expense?

“This is consistent with members of our Board telling homeowners that they want to make my dispute as expensive as possible. The Board is willing to spend any amount necessary (of our money) to crush me,” writes Jan. Then goes on to say:"

…., I believe you have forgotten that you are also representing all the other Homeowners and myself in Morrison Ranch Estates Homeowner’s Association so your representation should be in the best interest of all Homeowners. It is quite apparent that you are now working (your fees are paid exclusively by the Homeowners) trying to defend the Board members for not following the Bylaws, CC&Rs and Civil Codes that govern us.”

“Contrary to what you stated, this firm does not represent all of the homeowners at Morrison Ranch Estates. This firm represents the Association, which was formed as a separate entity to manage the your common interest development’s affairs. We do not directly represent you or any other homeowner at the Association; we represent the Association entity which is governed by a Board of Directors. Our fees are paid by the Association that receives income from the assessments paid by the homeowners. Contrary to what stated, you do not directly pay our fees.”

Jan goes on to say that: "In my opinion, our Board uses the attorneys to govern our Association and intimidate anyone who challenges them. They are selectively enforcing rules they want and ignoring the ones that don’t suit them. The lawyers welcome Homeowner disputes. They “earn” $315 per hour to write letters and to be present at Board meetings to defend the objectionable behavior of the Board members. This is an outrageous abuse of Homeowner funds."

How does the discussion of privileged information relate to the issues described herein anent Morrison Ranch? We are waiting to hear from Swedelson & Gottlieb to make a determination. What is clear is that Morrison Ranch is just another HOA with a different name, same issues.

	If you thought farming subsidies were bad, you should see the Laguna Woods Village nursery subsidies! Click here for the rest of the story
Keep out! - Nursery is a Dangerous Place...... for Inquiring Min

	What we do with your money is none of your business: Click here for the rest of the story
Do not Ask, PCM Won't Tell: The LWV Accounting System - O

	GRF Meeting June 2, 2009: HOA President Stuller crying out "Open Sesame" and trying to accuse activist and critic Mr. Michael Curtis of sexual abuse. Mr Curtis has cancer (chemo therapy) - for three years and has barely enough energy to make it through the day. You be the judge of Mr. Curtis character. for more: - Click here for the rest of the story
Ali Baba and His Director Show

	PCM General Manager Mr. Johns blames the Orange County Register (OCR). not being truthful and making up stories. Laguna Woods residents have video taped similar allegations from Mr. Johns dozens of times over the last 5 years. For more: Click here for the rest of the story
Puttin' On the Blame - It is the Orange County Register's Fault - it is the Orange County Register's fault

	June 2, 2009 GRF Meeting - The Shut Up Rule in Effect All residents want form Mr. Stuller is a little R.E.S.P.E.C.T - Click here for the rest of the story
Desperate HOA Directors - Your Are Out of Order!

	June 2, 2009 Golden Rain Foundation annotated board Meeting - as Board President denigrates fellow director and cancer patient Michael Curtis, while defending property management company's actions Click here for the rest of the story..
Desperate Directors of Laguna Woods - The Facts Behind the Fiction Part Two - Click here for video

	June 2, 2009 Golden Rain Foundation annotated board Meeting - Milt Johns blames the Orange County Resister Click here for the rest of the story..
Desperate Directors of Laguna Woods - The Facts Behind the Fiction Part One - Click here for video

	February 10, 2009 United Mutual board meeting V0 - Annotated video clip uses Adobe® Clip Notes® - pdf format - download, then press play - roughly 15 MB

February 10, 2009 United Mutual board meeting V1 - Annotated video clip uses Adobe® Clip Notes® pdf format - download, then press play - roughly 16 MB

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Privileged Information, Morrison Ranch, Different HOA, Same Issues