Petition for removal of John Sterlace

From the Pine Ridge Community Association Board of Directors.

John Sterlace is a Director on our Board of Directors, he has violated several of our by-laws and refuses to do the right thing of resigning. Below are the bylaws that were broken and below each one is the reason or way it was broken. I present this petition which is signed by at least 25 Members of PRCA in good standing as per our bylaws.

1) Article 4 Section 17 Subparagraph B

Displaying favoritism to certain members of the community with respect to enforcement of the by-laws, covenants and restrictions, or Rules and Regulations, with regard to employment, the awarding of contracts, or otherwise.

How violated:

The Rules and Regulations state that the decision of the Grievance Committee is final. John Sterlace appealed their decision to his fellow Directors on the Board of Directors, which is something no other member in good standing would of been able to do.

2) Article 4 Section 17 Subparagraph E

Utilizing his or her position on the Board to secure privileges or advantages for himself, herself, or others.

How violated:

The Rules and Regulations state that the decision of the Grievance Committee is final. John Sterlace appealed their decision to his fellow Directors on the Board of Directors, which is something no other member in good standing would of been able to do.

3A) Article 4 Section 17 Subparagraph F

At a meeting of the Membership or of the Board of Directors, taking part in discussions or voting upon any matter in which the Director has an apparent conflict of interest, whether because of: potential financial gain for the director or his or her family. As set forth at subparagraph A.

The Director must in such instances excuse himself or herself from such discussions, debates, and votes.

3B) Article 4 Section 17 Subparagraph A

Influencing Association matters which are likely to result in financial benefit to the Director or his or her spouse, children, siblings, parents, or in-laws.

How violated:

John Sterlace admitted that he took part in the discussion about the fines that were issued against his tenant and therefore his property and voted for them to be dismissed, this constitutes financial gain for himself. It is a violation of both sections listed above.

Again, this is something no other member of this community could of done. If Grievance said the fines stand, anyone else would of had to pay them. There is no appeals process.

4) Article 4 Section 12

Absent breach of fiduciary duty, lack of good faith or self-dealing, actions taken as a Director or any failure to take any action shall be presumed to be in the best interests of the Association. A Director of the Association shall not be personally liable for monetary damages for any action taken as a Director, or any failure to take any action, unless:

(2) The breach or failure to perform constitutes self-dealing, willful misconduct or recklessness

How violated:

Having the fines against his property dismissed, constitutes self-dealing and willful misconduct. Meaning that the fines that were originally assessed must be reinstated and paid in full.