Status: Closed — this petition is no longer accepting signatures.
Final supporters
Petition to the Village HOA Board of Directors to Suspend Balloting on the Proposed CC&Rs Assessments Amendment
We, the undersigned members of the Village HOA, ask that the board of directors suspend balloting on the CC&Rs Assessments Amendment prior to September 30, 2020 for the following reasons:
- An independent legal review concluded that the proposed assessment amendment is fundamentally unfair and violates our governing documents.
- The legal review also found that the board refused to hold timely elections, in violation of state law and our bylaws, and is therefore invalid and has no authority to proceed with the amendment vote.
- There is evidence that some board directors have breached their fiduciary responsibilities by engaging in self-dealing by making decisions that benefit them personally rather than the HOA as a whole. This Assessment Amendment was simply proposed to reduce monthly costs for the three members who voted to put the Amendment Assessment on the ballot.
- No townhome or two-bedroom owners, whose monthly assessments would go up by as much as 63%, were represented on the board at the time the amendment was placed on the ballot.
- If passed, the amendment will be subject to legal challenges that would be very costly for the HOA to defend.
We believe that the new board, to be seated next month, would be in the best position to fairly and transparently evaluate the risks, costs and benefits associated with revising the assessment model that has been in place for more than 40 years.
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Updates
September 25, 2020
The momentum is undeniable and proves we are not alone in this fight. This support is forcing the board to pay attention to our concerns.
21 Comments
The amendment is patently unfair. Some units would pay almost 3 times as much as others for the same or in some cases fewer amenities and services from the HOA. Also goes against the State recommendation, common practice in California, and 2 legal opinions the Board paid for regarding this.
It is an unfair assessment based on the expenses incurred by the association which are primarily common space maintenance, staffing, insurance, legal fees and contracts. The size of unit has nothing to do with the monthly and annual expenses. Moreover, each unit has a 1/323 interest in the common area, no more, no less.
As a relatively new (almost 1 year) owner, it seems a NO vote or discarding the vote keeps status quo which seems like a very reasonable and fair situation and what makes our units highly desirable, regardless of size.
This Board is invalid. Its authority to put forward any amendment is highly questionable, and its actions might breach the fiduciary responsibility required of the Directors. In short, this is a mess and messes like this will cost the members unnecessary legal expenses.
Let's not lump ALL of the current Board in with the three that absolutely voted their pecuniary interest over the interest of the community at large. Let's wait to see if a Board vote is had to postpone the amendment vote. Since mediation is pending, it would seem bad faith to continue with this rushed initiative. Otherwise, what is the point of mediation? More attorney fees? We are already WAY over budget and well beyond what other recent Boards have spent!
There are no current legal Board of Directors so why are we not voting now for the new Board?
I’m disgusted with all these legal fees, starting with the washer/dryer fiasco resulting in suing a townhouse owner, and ending with these HOA changes without unilateral support.
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Status: Closed — this petition is no longer accepting signatures.
Final supporters
Petition to the Village HOA Board of Directors to Suspend Balloting on the Proposed CC&Rs Assessments Amendment
We, the undersigned members of the Village HOA, ask that the board of directors suspend balloting on the CC&Rs Assessments Amendment prior to September 30, 2020 for the following reasons:
- An independent legal review concluded that the proposed assessment amendment is fundamentally unfair and violates our governing documents.
- The legal review also found that the board refused to hold timely elections, in violation of state law and our bylaws, and is therefore invalid and has no authority to proceed with the amendment vote.
- There is evidence that some board directors have breached their fiduciary responsibilities by engaging in self-dealing by making decisions that benefit them personally rather than the HOA as a whole. This Assessment Amendment was simply proposed to reduce monthly costs for the three members who voted to put the Amendment Assessment on the ballot.
- No townhome or two-bedroom owners, whose monthly assessments would go up by as much as 63%, were represented on the board at the time the amendment was placed on the ballot.
- If passed, the amendment will be subject to legal challenges that would be very costly for the HOA to defend.
We believe that the new board, to be seated next month, would be in the best position to fairly and transparently evaluate the risks, costs and benefits associated with revising the assessment model that has been in place for more than 40 years.
Updates
September 25, 2020
The momentum is undeniable and proves we are not alone in this fight. This support is forcing the board to pay attention to our concerns.
21 Comments
Exactly. Why the "Urgent" rush? Why cram it thru days before the election of new board members? These current board members, with the exception of Mr. Erickson, are not acting in good faith and ignoring legal advice re the subject, which is a breach of their fiduciary duties. What I've witnessed during the past 19 months is a disgrace.
The amendment is patently unfair. Some units would pay almost 3 times as much as others for the same or in some cases fewer amenities and services from the HOA. Also goes against the State recommendation, common practice in California, and 2 legal opinions the Board paid for regarding this.
It is an unfair assessment based on the expenses incurred by the association which are primarily common space maintenance, staffing, insurance, legal fees and contracts. The size of unit has nothing to do with the monthly and annual expenses. Moreover, each unit has a 1/323 interest in the common area, no more, no less.
As a relatively new (almost 1 year) owner, it seems a NO vote or discarding the vote keeps status quo which seems like a very reasonable and fair situation and what makes our units highly desirable, regardless of size.
This Board is invalid. Its authority to put forward any amendment is highly questionable, and its actions might breach the fiduciary responsibility required of the Directors. In short, this is a mess and messes like this will cost the members unnecessary legal expenses.
Let's not lump ALL of the current Board in with the three that absolutely voted their pecuniary interest over the interest of the community at large. Let's wait to see if a Board vote is had to postpone the amendment vote. Since mediation is pending, it would seem bad faith to continue with this rushed initiative. Otherwise, what is the point of mediation? More attorney fees? We are already WAY over budget and well beyond what other recent Boards have spent!
There are no current legal Board of Directors so why are we not voting now for the new Board?
I’m disgusted with all these legal fees, starting with the washer/dryer fiasco resulting in suing a townhouse owner, and ending with these HOA changes without unilateral support.
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Exactly. Why the "Urgent" rush? Why cram it thru days before the election of new board members? These current board members, with the exception of Mr. Erickson, are not acting in good faith and ignoring legal advice re the subject, which is a breach of their fiduciary duties. What I've witnessed during the past 19 months is a disgrace.