COTOBUZZ NEWSLETTER SEPTEMBER, 2004

 

September, 2004

The more diverse the points of view, the broader the vision!

TABLE OF CONTENTS:

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Note:  AOL users shall be getting a text-only issue - send email to cotobuzz@yahoo.com if you prefer text version.

 

COTOLAND

A. SNOUTS IN THE TROUGH

B. CZ MASTER MAIL FILTER

C.  PORK, APATHY AND  DEMOCRACY - COTO STYLE

F.  Getting Ready for Recall - Cumulative Voting

G.  The Maintenance Clock (ZCLOCK)

H.  Senate passes bill requiring clearer views of association money

I:  Coto De Caza District Photos

J.  Coto Mailing List

The Coto Discussion Forum - If the only tool you have is a hammer, you tend to see every problem as a nail…Abraham Maslow.

Do not use your hammer, get a Swiss knife, join the COTO FORUM!

 

GENERAL INTEREST

 

A.  TRICKS OF THE TRADE - Or how to Fleece Coto Residents

B.  Lawyers and Property Managers Try to Use Board Members as Fronts for Their Own Financial Gain

C.  CAI Lawyers & Managers Masquerading Before California Governor

D.  SOLUTION TO HOA MESS?  FIRE THE CAI LAWYERS!

C.  Kerry Values

 


SNOUTS ON THE TROUGH

When we saw non-homeowners certify CZ Master election results, we thought it odd. When we saw the current administration influenced by non-homeowners culminating in the generation of  the infamous delegate stacking amendments, we knew we were in for a ride!

When we see Coto residents pay over $1.3 million for "Enforcement" services and have yet to successfully cite and recover any funds from that enforcement effort, our ears perk up!

When the current administration started to subsidize the use of the park by non-residents, and  when one of the first actions taken by a CZ director during the 2004-2005 election year was to hire a questionable expert on community building to facilitate a “Visioning Meeting” on behalf of CotoCAN,  that turned to be more of a brainstorming meeting on what to do next, we thought about Karl Marx:  ."From each according to his ability. To each according to his need."

When the equestrian trail received funds to maintain it,  ahead of the funds required to remove the hazards created by the Dead Oak Trees, we thought that "there was something happening here, but we do not what it is"

When we received a $100 special assessment notice to purchase the Welcome Home Center, while the Estates and Villages are being subsidized with the Coto Life Style at the tune of $8 million/year, we thought, of Hillary Clinton:  "Many of you are well enough off that...the (Bush) tax cuts may have helped you.  We're saying that for America to get back on track, we're probably going to cut that short and not give it to you.  We're going to take things away from you on behalf of the common good." ...Hillary Clinton, 6/28/2004  

When reserves are dipping to unacceptable levels and the Los Verdes areas has not been kept maintained in close to 500 days, we thought:  "Humm, that is interesting".

When we can only reach alternate (in case of emergency)  Keystone personnel on voice mail or because they are at the CotoCAN golf tournament, we thought there was something wrong with this picture.

When the 2004-2005 CZ board  abdicated its responsibility to communicate with  residents by killing the much promoted "New Marketing Strategy", aka Monthly Newsletter,  compromised resident confidential information in the process,  and are giving up advertising revenue, the picture started to get uglier!   Who is responsible for making sure that residents get timely, accurate and quality information?  Who is responsible for inaccurate information?  Who is responsible for resident confidential information?  Who has editorial content? Why are you giving up revenue and at the same time levying a special assessment?

When the August Board meeting came and went and we have yet to receive the 2004-2005 CZ Master Goals and Objectives,  we started to hum that old 60's tune:  "they are coming to take you away, hehe, haha to the funny farm!   And before they come to take us away, we thought. who are you going to call?

and.....If residents dislike waste why does it persist?

1.       Far More People Love Pork Than Hate It.

Board members will support projects that are popular because they want to get re-elected. Giving people what they want is usually a good thing, and Board of Director Members  (BOD) intrinsically know they can get re-elected when the clique continues to click.

  1. The Power of the Press.

BOD members are highly sensitive to being ridiculed in the press. This fear of bad press forces BOD members  to work closely with certain leaders (remember the Officials of the Information Office of the State Council of  the League of Internal Goodness Generals in Information Technology  aka as L.I.G.G.I.T?). These relationships produce even more requests, which results in more pork-barrel.

  1. Napoleonic complex

Many BOD presidents relish playing hardball politics – the Macho Syndrome:   Why should a small community go without just because the county does not like Coto?

  1. Pointing Fingers.

Often, when there is a project that is remotely controversial, different members/sub-associations  government  will point the finger at each other. Afraid to make a decision that could alienate someone, projects often sit idle due to the bureaucratic impasse. Los Verdes has not been maintained for over 500 days.  We have volunteer to do the work, but have been told that “help is on the way”!

Actually these are generic reasons described in details in MyCongress.com that can apply to local communities, county, state and federal governments.   We recommend you visit MyCongress.Com for more fun pork barrel and any level  and how to fight it.

 

 Latest

 

 Cast of Characters

This Week in Congress,
Last Week in Congress,
What's New,
Current Capitol Craziness,
Pray Along with Congress

 

Congressional Directory,
Who Represents Me?,
Celebrities,
Lobbyists,
Random Featured Member,
Haikus

 

 Inside Congress

 

What Happens When I Write or Call?,
Working in Congress,
Current Job Openings,
A Day in the Life,
Congressional Diseases,
Does Congress Look Like America?,
How To Get a Job in Congress book

 

How a Bill Really Becomes a Law,
FAQ about Congress,
The Rules of Ridiculousness,
Reviews of Movies and TV about Congress,
Inside Tips on Visiting DC and Congress

 

 Your Money

 

 I Have Power

Where Does My Money Go,
The 54 Kings,
Pork,
Quick and Dirty Budget,
Real Budget Calendar,
Junior's Big Tax Cut Calculator

 

Write Your Own Bill,
QuickBitch,
QuickFree,
QuickThanks,
FREE Congress-Tracking Service


D

PORK IN A DEMOCRACY SUCH AS COTOLAND

At about the time our original 13 states adopted their new constitution, in the year 1787, Alexander Tyler (a Scottish history professor at The University of Edinborough) had this to say about The Fall of The Athenian Republic some 2,000 years pbefore:

"A democracy is always temporary in nature; it simply cannot exist as a permanent form of government. A democracy will continue to exist up until the time that voters discover that they can vote themselves generous gifts from the public treasury.   From that moment on, the majority always votes for the candidates who promise the most benefits from the  public treasury, with the result that every democracy will finally collapse due to loose fiscal policy,
(which is) always followed by a dictatorship."

"The average age of the world s greatest civilizations from the beginning of history, has been about 200 years.  During those 200 years, these nations always progressed through the following sequence:

  From Bondage to spiritual faith;
  From spiritual faith to great courage;
  From courage to liberty;
  From liberty to abundance;
  From abundance to complacency;
  From complacency to apathy;
  From apathy to dependence;
  From dependence back into bondage."

Professor Joseph Olson of Hamline University School of Law, St. Paul, Minnesota, points out some interesting facts concerning the most recent Presidential election:


  Population of counties won by:
  Gore=127 million
  Bush=143 million


  Square miles of land won by:
  Gore=580,000
  Bush=2,2427,000


  States won by:
  Gore=19
  Bush=29


  Murder rate per 100,000 residents in counties won by:

  Gore=13.2
  Bush=2.1

 Professor Olson adds: "In aggregate, the map of the territory Bush won was mostly the land
owned by the tax-paying citizens of this great country. Gore's territory mostly encompassed those citizens living in government-owned tenements and living off government welfare..."

Olson believes the U.S. is now somewhere between the "complacency and "apathy" phase of Professor Tyler's definition of democracy; with some 40 percent of the nation's population already having reached the "governmental dependency" phase.

Cotobuzz tried to obtain detailed results from the last election to compare previous CZ Master administrations to the current one, but as expected, the board has been extremely un-cooperative, and the only thing we can measure is results:

2003-2004 Report Card

Category

Grade

Effort

A+

Leadership

D-

Operational Efficiency

D-

Transparency

D-

Accountability

D-

 

The Conclusion is that Coto De Caza is between the Apathy and Complacency phase.

 

Getting Ready for Recall - Cumulative Voting

Cumulative voting allows a delegate to cast the same number of votes equal to the number of vacancies for only one candidate.  For example, for the next CZ election there is a five member board, with three seats up for election and let us assume there are six candidates running.  On each ballot, a delegate can vote for 3, 2 or 1 candidate(s) only.  The delegate can use three votes for one candidate, or two, or just one.  The results is that now the ballot has been  “weighted” in order to give one or more candidates an edge.  

Cumulative 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.   This eventually evolved into a tool often used or abused by factions attempting to take or maintain control of a board.  By creating a slate and convincing people to vote a certain way, they could guarantee winning the election and ultimately retain or seize majority control.

Which is exactly how it is used here.  The process has now been bastardized so that a small clique can control the CZ Association – which is why we have continuously argued for electoral reform, but we digress.

Another use of cumulative voting is to save a director who is a target for removal from the board.  If less than the entire board is to be removed, no director may be removed if the votes cast against his removal would be sufficient to elect him if then cumulatively voted at an election of the entire board [Illinois General Not For Profit Corporation Act, 805 ILCS 105/108.35(c)(2)].

Best Business Practices dictate that proxy forms commonly used should point out whether there is cumulative voting when known candidates are identified.  Most often people use “Xs” when it is allowed and if there are three vacancies, and an “X” is used, it can only be counted as one vote, not 3.   And what do we get from Keystone?  That will be on a test!

 In conclusion, cumulative voting was a device used to protect minority voting rights.  In practice, it is sometimes a tool for abuse by the power-hungry.  Sounds familiar?

 

CZ MASTER MAIL FILTER

 

     Residents in the districts listed below cannot communicate with their respective delegates via  email using the CZ Master website

 

DISTRICT NO. DISTRICT NAME DELEGATE
8          
10      Stonehedge     Tom Barker
11      The Trails/Master Collection Alternate: Richard Fragapane
14      The Greens     Cheryl Harris
15      The Woods/Arroyo Su Ron Eger
22      The Legacy/Enclave/Stonefield Estates Joan Rebensdorf
26      Oak Ridge      Patrick Taylor
27      Tanglewood     Dave Batson
28      Glen Eagles    Michael Guerin
33      Glenmere      Paul Thomas
34      Crooked Oak    Elaine Hamill
35      Courante      David Ridel
36      Part of Atherton/Part of Weatherly William Linas
38      Terrazza      Mario Beas  Alternate: Jerry Kranitz
42      Stonefield Private Collection/San Marino  no delegate

SOLUTION TO HOA MESS?  FIRE THE CAI LAWYERS!

Not convinced Yet?  When was the last time you read the CZ CC&Rs?  Did you understand them?

Too easy?  Guess who is Subsidizing this new CAI Campaign?

CAI "Membership Recruitment Incentives

Each time you recruit a new CAI member, you'll be closer to winning these valuable awards and recognition:

Trip for Two to Paris, France (valued at up to $2,500)
Recruit ONE new member and receive one chance in the drawing to win this spectacular trip. Trip includes round-trip airfare and four nights/five days hotel accommodations. The more you recruit, the more chances you'll have in the drawing.

CAI Lapel Pin
Recruit TWO new members and receive a beautiful lapel pin engraved with CAI's new logo.

CAI Navy Blue Harbour Brushed Jacket
Recruit THREE new members and receive a limited-edition navy blue windbreaker embroidered with CAI's new logo. .

Lifetime Achievement Awards"

Coto Discussion Forum Alive and Thriving

Currently, the forum can be accessed by the CZ Board, residents from the Estates, Villages and CZ Masters.  Subjects covered include the Dead Oak Trees, Cumulative Voting, the Brewing Revolt, Security, etc.....  Get your Swiss Knife - join the Coto Discussion Forum

We suggest you obtain a free email account such as Yahoo or Hotmail.  Since you can post and download pictures and files, we also recommend you have you antivirus software updated.  If you need help setting up, send us email at cotobuzz@yahoo.com 

CotoBuzz is open to all Coto de Caza residents, regardless of political affiliation, personal or professional agenda.

Mutual respect – we may not agree, but we recognize we all have a right to express ourselves without fear of retribution. We express ourselves without resorting to personal abuse or name-calling.

Subscribe to the COTO Discussion/Chat Forum - customize how you want to receive information: Daily, Weekly, etc. District Pictures, CotoLand Pictures, Coto Events, Coto Issues, and other goodies!
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Coto De Caza District Photos

The Coto Discussion Forum includes photos of representative Coto Districts (currently 14 districts represented,..... add yours), Coto de Caza issues, such as the Dead Oaks Trees, Road Repairs, CotoLand, etc.

 

Coto Mailing List

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ASK COTO LADY:

  

QUESTION:  How does the board determine if service providers are doing a good job?

------ Sans SLA

 

Dear Sans:

 

Good question!  We firmly believe in performing due diligence prior to doling out service contracts.  Further, service level agreements (SLAs) should have performance metrics and penalties in case the service levels are not obtained.  Because the output of a "service" can not be counted like the output of a manufacturing or production facility, it is very easy for unscrupulous (refer to  TRICKS OF THE TRADE - Or how to Fleece Coto Residents)  service providers to simply not provide the service and still invoice for them.  We have seen many examples with CZ, both for invoicing services never rendered, poor service and for not conducting due diligence.

 

  cotobuzz@yahoo.com, Attn:  Ask Coto Lady

 

 

TRICKS OF THE TRADE

How many times do you not "get the memo" - like when the much advertised Security Director became the "Gate Access Director", or when you signed up for any of the many heavily promoted committees, but never even got an acknowledgment?  What about when the board abdicated their responsibility for prompt communication?  Yet, somebody is drawing a Big Fat Coto Salary!..........

TRICKS OF THE TRADE

Attention board members, do homeowners repeatedly tell you they don't receive correspondence your management company claims they send out?

Do homeowners claim they don't receive responses to correspondence?

Does the management company then charge you $3.00-$5.00 per letter, for letters they never send?

If so, this is another nifty trick management companies like to play in the tricks of the trade game.

You have walk through inspections with your property manager to ensure that clotheslines are not

Read More... |

Lawyers and Property Managers Try to Use Board Members as Fronts for Their Own Financial Gain

Sacramento is used to high pressure tactics from special interests. But the current campaign by CAI lawyers and CACM managers to get AB 2598 and SB 1682 vetoed by the governor sets new highs for intensity and trickery.

Karen Conlon, president of CACM, Jennifer Wada - CACM's lobbyist - want to "bombard" the governor's office with letters, emails and anything else that they can get their hands on to defeat the two anti-foreclosure bills.
Read more…..

 CAI Lawyers & Managers Masquerading Before California Governor

Sacramento is used to high pressure tactics from special interests. But the current campaign by CAI lawyers and CACM managers to get AB 2598 and SB 1682 vetoed by the governor sets new highs for intensity and trickery.

Karen Conlon, president of CACM, Jennifer Wada - CACM's lobbyist - want to "bombard" the governor's office with letters, emails and anything else that they can get their hands on to defeat the two anti-foreclosure bills.

At no time in all of this do they even give a hint about what is taking place - namely, that lawyers and managers will lose a lot of easy money if these bills pass. They know that preserving non-judicial foreclosure by homeowner associations gives them an economic noose around homeowners' necks. 

It is the prospect of losing this easy money that is driving the campaign against AB 2598 and SB 1682. There is no concern for the welfare of homeowners - especially seniors. If there really was, CAI lawyers and CACM managers would not be draining homeowner association reserves for legal fees and costs. No, they wear the holier-than-thou mask and parade before the governor's office as if their hearts were bleeding for homeowners.

Hence, it is important to let the governor know the true facts. Here are a few for starters.

1. Homeowners believe that everybody should pay their bills.

2. Homeowners do not believe that financial nuclear weapons should be used to compel this. Credit card companies do not have this power of non-judicial foreclosure, and mortgage lenders who have a lot more at stake use it only as a last resort.

3. Homeowners are not deadbeats. They have gone through a rigorous credit screening to purchase their homes.

Read complete story....


Your letters should be addressed to:Governor Schwarzenegger

Click here to write a webletter , fax or mailed letter to Governor Arnold

You can email a copy of the letter to his Deputive Legislative Secretary YOLANDA.BENSON from the above link.

If sent by Snail Mail:

Ms. Yolanda Benson
Deputy Legislative Secretary
Office of the Governor
State Capitol , Sacramento, CA 95814

Read complete story....

CZ Maintenance Clock (ZCLOCK) maintenance

ZCLOCK is currently tracking the times it takes to resolve three issues:

1)  LOS RUINS aka Los Verdes:  515 days since last mainenance in Coto Drive/Los Verdes area.

2)  90 since the defective asphalt was brought to Kesytone's attention.  We believe that this should be taken care of as soon as possible.  The last time something like this happened residents ended up paying through the nose, because the rainy season prevented any work from being done.

3)  The Dead of the Oak Trees - 

For ZCLOCK items, send mail to cotobuzz@yahoo.com 

Senate passes bill requiring clearer views of association money

According to the AP Mon, Aug. 23, 2004 Senators voted 38-0 to make associations compile user-friendly summaries of monthly dues, a timetable of expected hikes and the precise amounts the association must increase dues in years ahead to maintain the property.

The bill also makes association boards give written notice to homeowners before diverting funds from maintenance and repair reserve accounts to other uses.  The AP story reports that “The bill's author, Assemblyman John Laird, D-Santa Cruz, says the financial information associations typically provide potential buyers about dues is too difficult to understand. His bill requires a
standard form disclosing the current

Read AB2718 at http://www.legislature.ca.gov

AOL FILTERS

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COTOBUZZ VISION

COTOBUZZ is a change agent to transform the historically confrontational, antagonistic Coto culture by maximizing resident involvement and facilitating communication between the board, residents and service providers, and eventually develop a sense of community and civic pride while maintaining the Coto Life Style we all have come to love.

CALL CENTER – ONE NUMBER, ONE CALL, 20,000 OPTIONS              It is Monday, August 3 at 1.00 a.m. and we are awakened by

TERMS OF USE

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Kerry Values

 

 

 

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