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Coto de Caza, California is a census-designated place and guard-gated private community in the unincorporated Trabuco Canyon area of Orange County, California. As of the 2000 census, the CDP had a total population of 13,057 Coto de Caza - City Info |Coto de Caza - County Info |Coto de Caza - Yahoo Info |Coto de Caza Real Estate Trends | Coto de Caza Profile | Coto de Caza News | Coto de Caza - 1983 Movie | Coto de Caza Directory | Coto de Caza Philharmonic | OC Board of Supervisors | Coto De Caza - Plan Review | Coto de Caza - Photos | Coto de Caza Census- 2000 | Coto de Caza Speed Bumps | Join CZ Yahoo Discussion Forum Maps and aerial photos
Local BOGS/Writings
Local Links: 2004-2005 CZ Masters Goals and Objectives Proposal Rights
and Responsibilities California Assembly Housing Committee and Community Development California Legislative Action Committee
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COTO DE CAZA - CZ ASSOCIATION BOD COMPLAINT January 09, 2006 TO: KEYSTONE PACIFIC, CZ MASTER ASSOCIATION LEGAL COUNSEL FROM: JOSEPH MORABITO SUBJECT: MORABITO CZ FORMAL COMPLAINT LETTER DATE: January 09, 2006 Hello All: Attached is the last resort formal complaint letter which will be filed shortly with various state authorities against the CZ Master Association Board of Directors and their agents. I regret having to take this action because it will cost us all monies in legal fees; but given the actions of the current incompetent CZ Board and their agents, I saw no other alternative. Regards, Joe Morabito P.S. If the issues
identified are not properly addressed there will be more letters as necessary
until we get state action. To
Whom It May Concern: I
am writing on behalf of Coto De Caza Concerned Citizens and as a former Board
Member of the CZ Master Association, a 3,500 member homeowners association
located in Orange County, California. This
letter constitutes a formal complaint against the CZ Master Board of Directors,
and their agents CJ Klug at Keystone Pacific Property Management, 29883 Santa
Margarita Parkway, Rancho Santa Margarita, California 92688 and James Harkin,
representative attorney at Caine, Walker and Harkins, 17821 East 17th
Street, Suite 140, Tustin, California 92780.
The current CZ Master Board of Directors and their agents have
consistently acted in violation of their fiduciary responsibility, our governing
documents and laws of the state of California specific to homeowner and
corporate governance codes and statutes as follows: 1.
Refusal to respond to specific and numerous questions about the finances
of the Association in violation of the law.
Overall failure to disclose specific financial and other information
concerning the workings of the Association. 2.
Irregular accounting procedures including slush fund accounting and
failure to properly account for a major common area facility in order to
purposefully hide such expense. 3.
Providing and/or otherwise subsidizing outside organizations with
Association dues money in violation of our governing documents.
Actually giving legitimate Association revenues away to outside
organizations. 4.
Commercializing our Association through the use of outside organizations
to shelter revenues from taxation. 5.
Exposing our Members to increased liability by sponsoring/coordinating
activities of other organizations. 6.
Attempting to stifle criticism in violation of First Amendment Rights by
sending threatening legal letters to our Members. 7.
Disregarding developer binding legal agreements that were a condition of
development of certain tracts and the overall master development. 8.
Implementing a Special Assessment which had to be rescinded since the
purpose for the Special Assessment never existed.
(the purchase of a property deal) 9.
Providing an outside organization our names and addresses, for commercial
purposes in violation of our privacy rights. 10.
Ordering our property management agent, Keystone Pacific staff members to
support and otherwise work the events/business of outside organizations. 11.
Consistently discussing Open Session issues in Executive Session Board
Meetings 12.
Failure to keep adequate Board Meeting Minutes. 13.
Purposefully manipulating the 2005 CZ Board Election in order to cheat
the one candidate who ran against them out of a Board seat. 14.
Purposefully acting to make Recall from the Board virtually impossible as
a result of a corrupt Delegate Electoral System in which all current Board
Members sit as Delegates who can overrule any Recall vote. 15.
Instituting a discriminatory common area fee structure which benefits
outside organizations at the expense and to the detriment of our Association
members. 16.
Exposing our residents to danger on our streets by terminating a CHP
contract put in place by former Boards in order to protect friends from
potential DUI’s without any other option in place to implement proactive
traffic patrols. The end result was
a significant increase in traffic accidents and a recent tragic death on our
streets. The Board was recently
forced by outcry to reinstate the CHP. 17.
Failure to properly bid out major Association contracts some of which
result in expenses of one million dollars or more per year. 18.
Consistently lying to our Association Members concerning various
initiatives and the workings of the Association. 19.
Using Association resources to promote and/or otherwise organize
political activities specific to formation of a Community Services District or
potential Cityhood movement. As
a result of these serious issues and many more, I am requesting that appropriate
state authorities take action to investigate the workings of the CZ Master
Association, a quasi city like organization that controls an $8.5 million budget
and our streets, security, gate access, common areas, architectural review and
approval, etc. etc. The CZ Master
Association is not the typical homeowners association; but rather functions much
more like a city impacting over 15,000 residents and therefore should fall under
additional laws governing cities. The
current CZ Master Association Board and their agents continue to act in
violation of their fiduciary responsibility, our governing documents and the
state laws governing HOA’s like no other CZ Board before them.
As a result, state action is required. Further,
it is clear that additional Sarbanes-Oxley type and other laws are necessary to
govern homeowner associations and their agents to provide more stringent
financial and criminal penalties for Association Board Members and their agents
who do not act in accordance with governing documents and various current state
laws already on the books. Since
most new developments in California involve Home Owner Associations and many are
quite large as is the case with the CZ Master Association implementing city-like
functions, a fresh look is required to determine the proper role of government
in over seeing these major Associations. If
this does not occur, the courts will be clogged with litigation from Member
groups suing their own Associations which is not the best way to handle
constructive community relations and management.
Please act on my complaint as soon as possible as these matters are very
serious. Sincerely, Joseph
Morabito Coto
de Caza Concerned Citizens 18
Claremont Lane Coto
de Caza, California 92679 949
858-5385
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LIST OF DELEGATES AND THEIR POSITION WITH REGARDS TO SECURITY AS WE KNOW IT - IF ERRORS, PLEASE LET US KNOW.
NOTE:
Please respond to cotobuzz@yahoo.com,
as cotobuzz@yahoogroups.com
is strictly for Coto residents.
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