Anna Leyenaar 0

Timberline Board of Directors Recall 2008

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We, the undersigned, are residents of Timberline Community Association, located in Mission Viejo, CA 92691. We demand a Recall of our elected Board of Directors, as of Nov 18, 2008. The current board has threatened lawsuits to approximately 40 Timberline residents for alleged "encroachments" onto "Common Area" property owned by the association. These areas are insignificant in size, and do not affect the Homeowners directly, as the locations of these encroachments are not affecting the 99% of the homeowners. The Board is about to litigate against fellow Timberline residents which could cost all of the Timberline homeowners a significant amount of money . This could potentially cost hundreds of thousands of dollars. Last year alone, our Board of DIrectors spent over 38,000 on legal fees. In the case of the alleged encroachments, the “encroachers” generally fall into two categories: 1. The property was purchased from the previous homeowner, and the new homeowner had absolutely no knowledge that the previous homeowner had encroached. 2. The homeowner actually got Architectural approval for the landscape change, however, the Board made an incorrect assessment of the property boundary, only later to find that their original property-line assessment was inaccurate, and the homeowner has, in fact encroached. These issues have been ongoing for over the last 25 years. At times, considered resolved and a non issue by the previous boards. The current Board is unrelenting with this issue. They are willing to prioritize Timberline resident's money, and raise association dues, as deemed necessary, to cover the litigation expenses. This could potentially cost 10,000 - 15,000 per homeowner. The costs could become much higher if any case were to go to a trial phase. The board President, Mr. Jim Burns, has taken two residents in the past for litigation, at your expense. He, along with his support board members, are ready to do it again, many times over. We, as homeowners, want to have our association monies protected and we,do not want our neighbors to be litigated against. We, undersigned demand a recall of the current 2008 Board of Directors. We seek a new election for the Board of Directors, as outlined in the CC&R's. Timberline Homeowners


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