(NOTE: The following is from Christopher’s Daily Journal.)
Recently, I posted a lengthy video of the entire (non-edited) meeting that I held with the Managing Members of the Garden Park Homeowner’s Association. Of course, ALL Members were invited, but only the Secretary, Lynnette Cook, showed up. For those who haven’t seen the video yet, here it is:
The video presents evidence that I have been doing everything within my power to get the HOA Managing Committee to meet with me and address the concerns that I and many other owners have. Except for Lynnette, the other Officers have refused to meet with us. There have been four (4) resignations from the Committee within the last year. There are only, now, three (3) who remain. One of these is Lynnette Cook.
According to the HOA Bylaws, Article 1 Section 1 and 3, our HOA is required by law to have a Managing Committee,
“… consisting of five (5) unit owners to be selected by the unit owners. Such management committee shall have all the powers, duties, and responsibilities as are now or may hereafter be provided by the law, and the By-laws as the same may from time to time be altered or amended. … When there is a vacancy “the remaining members thereof may elect a successor to hold office until the next meeting of the unit owners.”
The other two remaining Officers are: Larry Goff (Treasurer) and Sergio Lucero (Vice President). These two men hold the “majority” over Lynnette Cook (Secretary). These two do not include Lynnette in their “secret” meetings, of which Larry Goff confirmed to Lynnette, often take place behind her back. Neither of these two men has proposed replacements to be appointed to the Committee as the bylaws demand. (Very few owners want to get involved with the “shit show” we call our HOA.) And we are certain that Larry and Sergio will NOT appoint anyone who is not LDS/Mormon, a part of their local Ward, and who goes along with their way of thinking. (Think the Trump Administration and its appointment of a conservative nominee for the Supreme Court of the United States.)
Lynnette suggested me and another owner for the new appointments, both having just as much, or far greater, “willingness, capabilities, and qualifications” (according to Lynnette’s own words) than anyone on the Committee. Of course, Lynnette’s suggestions were rejected. Go figure.
So, the Committee remains as it is with two LDS/Mormon men holding all the power and authority over 144 owners in the community. But there’s not anything we can do about it. Consider the bylaws I quoted above:
“When there is a vacancy the remaining members thereof may elect a successor to hold office until the next meeting of the unit owners.”
That one little word, “may”, keeps Larry Goff and Sergio Lucero from being legally forced to appoint other Officers to fill the Board requirement. There is nothing anyone can do about it except CHANGE THE HOA BYLAWS!
Now, I need to give a little bit more history between me, Larry Goff, and the Garden Park HOA.
I attended my very first meeting years ago with Ida Smith and Sheri, my ex-wife. At the first meeting, Larry Goff was the President and stood up and said he was going to open the meeting with a prayer and “ask the guidance of our Creator.” Yep, this is exactly what he said.
You can imagine my response. 🙂
“That might be YOUR Creator, but it’s not mine.”
Long story short:
I forced the HOA Board to never again open up HOA meetings with an LDS/Mormon prayer.
From that time forward … well, LDS/Mormon gossip, rumor, and visceral hate of me from the LDS/Mormon community took hold. It’s been this way ever since and has gotten much worse over time.
Near the end of the video, I recount what happened when I ran for the HOA Committee:
An LDS/Mormon man, attempting to protect the community from me, posted the following picture of me and Ida on EVERY SINGLE ONE of the 144 doors at Garden Park.
In black marker he wrote: “CRIMINAL, FELON”:
Needless to say, the Garden Park Community has never been the same since. There is an “us vs. them” mentality that I discuss in the video.
I never intended to become involved with this Garden Park mess, hoping that my mentors would allow me to stay aloof from the drama so that I can finish their work. Recently I had refused to have anything to do with this, staying as far away as I could.
Fighting for justice and pointing out the corruption of men, especially the secret combination of religion and politics IS our work, and I have been asked to get involved and chronicle this fight.
(Keep in mind that the Orem/Provo area of the State of Utah in the United States has a higher concentration of LDS/Mormons than anywhere else in the world … ANYWHERE ELSE IN THE WORLD!)
My mentors have somehow convinced me to stay in Utah (in the Orem/Provo area) for many years now. I’ve complained, swore, rebelled, and have done everything I possibly could to get away from this area … but here I am, living in Garden Park in Ida’s condo with my mother. (Of course, I travel a lot so I am hardly there, but I’ll be there until this matter comes to an end.)
Lynnette approached me and asked what it would take so that I would not file a lawsuit against the HOA, which would cost the innocent unit owners hundreds of dollars in Assessment Fees outside of their regular monthly HOA dues. My response was simple:
“Have the entire Managing Committee meet with me and discuss the issues.”
For transparency sake, I did tell Lynnette that maybe she needed to sue her own Committee and try to stop this before it gets ugly.
Yesterday, July 11, 2018, Lynnette Cook filed a lawsuit against the Garden Park Homeowner’s Association. Because she doesn’t have any money, Lynnette is representing herself pro se.
Lynnette filed her Complaint and motioned (asked) for immediate relief through an ex parte order. (“Ex parte” means that one of the parties is not present.)
The Judge assigned to her case denied her Motion
Here’s the biography on this Judge:
PRESIDING JUDGE JAMES BRADY
Judge M. James Brady was appointed to the Fourth District Court in May 2010 by Gov. Gary Herbert. He serves Juab, Millard, Utah, and Wasatch counties. Judge Brady graduated from the J. Reuben Clark Law School at Brigham Young University in 1982. Prior to his appointment to the bench, Judge Brady was in private practice as a trial attorney with the firm of Bradford & Brady for 26 years. He served as a Deputy City Attorney for Provo (1982-1984) as City Attorney for Mapleton (1990-2003), and later served as on the Mapleton City Council (2005-2006) and as Mayor of Mapleton (2006-2007). He served on the Utah County Board of Adjustment for many years, and as chairman of the Board of Adjustment for a few of those years. He currently serves as judge in Juab and Millard counties, and also hears matters in specialty courts in Juab, Millard and Utah counties. 3/11
“Graduated from the J. Reuben Clark Law School at Brigham Young University.”
When this Judge finds out who is supporting her, Lynnette doesn’t stand a chance in hell of getting a fair hearing of her Complaint … at least not in this Judge’s court.
The Complaint was doomed from the beginning. There is absolutely nothing that can be done about the government corruption on this local HOA Board, anymore than anything can be done about the corrupt U.S. Government … UNLESS THE CONSTITUTION IS CHANGED.
In response to the videotaped meeting above, the lady in the video, Terri Moser, wrote the following to Lynnette Cook:
On Jul 10, 2018, at 3:10 PM, Terri MOSER <firstname.lastname@example.org> wrote:Dear Lynnette,I am sorry that you have not been included in everything. I am sorry that hurt feelings are there on both sides of the fence. I am sending this to board members that are still board members because I don’t do secrets. I do feel blindsided about that meeting and it bothers me that “religion” keep coming back up in things. I would hope going forward that all sides his (Chris) and (Others) can put church aside and stop bring it up because it distracts from the true issues that are going on. I don’t want to see anyone get sued but I also respect that Chris has his choice to do what he feels he needs to. I am sad that the hurt that was present tonight. I don’t feel that accepting to try and fight for you all is right. If I try for the board I am going to do it because I want to, and because I don’t have any conflicts of interest. I don’t enjoy saying your going to sue people to get what you want. That isn’t my way. I work hard to find a middle and work with people. I am going to do my best to not bully people into doing what I want. Yes, if I need to take things to court and legal because I feel its right, then I will but I am not going to man arm and threaten because I want something. It bothers me to find out that Chris’s fight for a property manager is in part due to him wanting that position to benefit his company. That is a conflict of interest and I have issues with that. I am upset that what was present last night isn’t the total truth. Yes, people are upset and hurt but that is on BOTH SIDES. One sides hurt doesn’t trump the others side. These issues can’t be solved by demanding that people give you what you want. That being said, I hope you can help Chris see and understand. I do not want to be asked or invited to read his pages again. If I am asked again, or told to, I will walk away, that is my boundary. If religion by anyone is brought up from anyone then I pray people shut it down and do not discuss things any longer until people can talk about it without it. I pray that people in our community can be kinder to each other, me included. That we can be more understand of the impact we have on one another. As I said last the true story is a combinations of both sides, both sides haven’t always handled things correctly. That is us being human. I think its time to forgive, work towards working together with out force, stop fighting, or demanding on either side, by being kind. I won’t be used to push others peoples issues. I am a person who works hard to be honest, true, and being human. Sometimes when we’re fighting for something so hard, we miss the door to the middle ground that could have been taken/met. Thank you for being understanding, and trying to listen to me.Sincerely,Terri Moser
In response, Lynnette wrote the following:
From: Lynnette Cook <email@example.com>
Sent: Tuesday, July 10, 2018 3:59 PM
To: Terri MOSER
Cc: Rich Wells; Larry Goff; firstname.lastname@example.org
Subject: Re: Meeting
Dear Terri,I appreciate you reaching out and writing to me and I have NO problem at all with transparency. I don’t do secrets either, as you can ask anyone on the board. 🙂I’m grateful that you came to the meeting and I’m sorry that it turned into a negative experience for you and that you feel hurt now. It was not my intent to blindside you with anything at all. I truly was just hoping to give you an opportunity to be heard and also the chance to understand a little bit more of what I see going on in the board, in hopes that we could find some solutions.There is no need for you to apologize for the actions of others. I have no animosity or bad feelings towards anyone, only frustration at some of the things that have been happening that I feel are unfair and unkind to others as well as hurtful to our community. This includes things that have hurt you.I don’t think I know anyone who likes lawsuits. It is what happens as a result of people not feeling heard and not having their issues resolved. Nobody I know is insisting that everything go their way, just that their way is heard and considered without prejudice. Our board is made up of people who have chosen to take on the responsibility of doing that. In my experience (and I daresay yours too), they have not been doing their job properly. I have begged and pleaded with them on various occasions to try to resolve problems only to be ignored completely. What choices are left at that point? You, yourself, threatened to sue. I can only assume from that that you can understand the frustration.The reason that religion was brought up was because it has been an issue, not because we want it to be, but it has and we are trying to stop that. We want all people treated equally and fairly no matter what they believe. We want to reside in peace and friendship. We don’t care what anyone else believes but there have been many instances where we have seen that others do not feel the same. Although we cannot change how others think or perceive things, when it is a part of a board that is supposed to be representing us, we have every right to try to change that board.Another major issue that we have been dealing with is the gossip and unsubstantiated rumors that go around in secret whispers, things that simply are not true. One good example of that is something you wrote in your letter:“It bothers me to find out that Chris’s fight for a property manager is in part due to him wanting that position to benefit his company. That is a conflict of interest and I have issues with that. I am upset that what was present last night isn’t the total truth.”
There is simply no truth to that statement whatsoever and I don’t know what you heard but it is purely gossip. You just continued the gossip by including it in this email which was sent to Larry, Sergio, and Rich as well, as if it were fact, rather than finding out the facts for yourself. Can you see how things get out of control very quickly?The only thing that I want in all of this and I have repeated it over and over again in the emails I have written to the board is transparency, fairness, and things done in a timely manner. I joined the board so that I could represent all of the people in the community and I have tried to do that the best that I can (I, of course, am human too). I think if you could read all of the correspondence that has been going on (and I’d be happy to share any or all of it at any time) you would be able to see my consistency in trying to resolve issues fairly and as diplomatically as I know how, no matter what anyone believes or even how people feel about me personally. I will continue to do this as long as I am able. I would stand up for you and present your issues to the same extent as any other member of this community.I’m sorry for what happened with the fences. I wish we HAD done things differently. I wish we HAD heard your opinions before making decisions. It hurts me that we didn’t. I am new at this job. I am learning. I have made mistakes and done things wrong but I am trying my best with what I have to work with and trying to improve as I learn more.
Terri, I appreciate your honesty, courage, and desire to be true. I wish you the best and I hope we can be friends.Thank you,Lynnette
Terri Moser followed up with a reply:
On Thu, Jul 12, 2018 at 5:45 PM, Terri MOSER <email@example.com> wrote:*****Board members, if you would like me to be on the board to cover until elections are held, I offer that I can and would do that. *******Lynnette,Your right I didn’t go directly to Chris on what I heard, I went with the assumption that you will be sharing with him what I wrote. If you haven’t please feel free to, I don’t have his email or I would gladly myself send it to him. He is welcome to email me back and correct what facts I have incorrect, but know I won’t keep secrets, and I am not going to debate who is right or just. Your side is not innocent in all this either. Yes, that is me giving permission to let him see, not use but see what I wrote. As of this email, I also want it stated I did not legally sign anything for me to be put on camera (you might want to have people do that in the future). I also did not know going into that meeting it was being recorded until I got there. As I look back you stopped communicating with me and other board members and turned it into only emailing me. If you have nothing to hide and are a true board member you should have had every board member in the email to me. I did not know until looking back that you had changed that email thread to just you and I. That makes me not trust your motives behind those emails. Which this all leads me in part to feel that yes I was blindsided and not given the whole story before going of what was all going on or down in that meeting. Also I would ask you to reread what I sent. I still believe there are issues, I still believe things need to be addressed and fix, I still if needed will use/look at legal action if it can’t be worked out fairly, equally, or justly. I never said I wouldn’t. People ask for transparency and that is what I am giving. Let’s look at what it means to do just that….1. See-through, clear piece of acetate used for projecting data, diagrams, and text onto a screen with an overhead projector. (I am not using any of these clear items)
2. Lack of hidden agendas and conditions, accompanied by the availability of full information required for collaboration, cooperation, and collective decision making. ( I have NO hidden agenda or conditions and have no issue working towards a collective decision making process).
3. Minimum degree of disclosure to which agreements, dealings, practices, and transactions are open to all for verification. (I am being open to ALL I have contact with via email and give permission for those not in this thread to be allowed to read it, not change it, alter it, or use it but am open to them knowing where I am at, what I am doing, and what I will do).
4. Essential condition for a free and open exchange whereby the rules and reasons behind regulatory measures are fair and clear to all participants. (I have stated over and over I want things to be fair and clear to ALL owners, and to find a way to have renters can be heard, but still not have a vote in the end results, if they want that they need to buy not rent).I have no ill will and do not think less of anyone from that meeting. I don’t agree with how it ended being handled, or the intent behind it. I do not like the lack of the better having information from you as a board member to understand what was go to happen before hand, that was underhanded. As I stated I am trying to work on things and look at how things can be handle to better help everyone not just one side of the issue. I sat in a meeting well over the hour I said I would. Trying to listen, and understand. That being said I am strong enough to do what I want to and need to. I don’t need acceptance from anyone, I am just going to do what I feel is best and right. I am going to get more involved, and I am going to work on solving issues that weren’t done the best way to start with. I am trying to not do this out of anger, hurt, unkindness, or a hidden agenda. I believe people on the board are trying and did what they thought for the most part was right but I have issues with the LACK of communication(which as the secretary is on YOU), about keeping the owners informed about things, and yet is one of the reasons your trying to say you have a valid lawsuit. You admit it was your job, and you are not doing it. Especially things being given permission for or approved, so that if we have issues with it we can bring them up before the finally end all.As I said I am a very strong woman. I know who I am, what I bring, and what is my part in things are and are not. I take accountability for me. I have no issues with you Lynnette but I am also not going to hide that I don’t like fully how things went by you or those at the meeting and how they were presented. People might be trying to strong arm people into giving them what they want. If Chris and the other HOA members are unhappy they have a choice just like me to continue to stay living here and work with the board or put my place (their places) up for sale and move. I choose to stay and will fight anyone who tries to use me or strong arm me or treat me unfairly. Thank you for your time.*****Board members, if you would like me to be on the board to cover until elections are held, I offer that I can and would do that. *******Sincerely,Terri Moser
Then the two LDS/Mormon Elders holding all the power on the HOA Board wrote their replies to Terri Moser:
From: Sergio Lucero <firstname.lastname@example.org>Subject: Re: MeetingDate: July 12, 2018 at 9:30:17 PM MDTTo: Larry Goff <email@example.com>Cc: Terri MOSER <firstname.lastname@example.org>, Lynnette Cook <email@example.com>, Rich Wells <firstname.lastname@example.org>Thank you so much Terry. We need more homeowners like you, aware of the situation and willing to help.On Thu, Jul 12, 2018, 8:12 PM Larry Goff <email@example.com> wrote:Thank you Teri for your comments and willingness to help out. Larry
And then …
Yeah … it was MY turn to reply!
(Beginning of email from me to Terri Moser, the HOA Board, the HOA attorney, and to other owners.)
“*****Board members, if you would like me to be on the board to cover until elections are held, I offer that I can and would do that. *******”
“Thank you Teri for your comments and willingness to help out. Larry”
“Thank you so much Terry. We need more homeowners like you, aware of the situation and willing to help.”
“It bothers me to find out that Chris’s fight for a property manager is in part due to him wanting that position to benefit his company. That is a conflict of interest and I have issues with that. I am upset that what was present last night isn’t the total truth.”
“There is simply no truth to that statement whatsoever and I don’t know what you heard but it is purely gossip. You just continued the gossip by including it in this email which was sent to Larry, Sergio, and Rich as well, as if it were fact, rather than finding out the facts for yourself. Can you see how things get out of control very quickly?”
“As of this email, I also want it stated I did not legally sign anything for me to be put on camera (you might want to have people do that in the future). I also did not know going into that meeting it was being recorded until I got there.”
P.S. P.S. P.S.
But anyways …
I will be updating my Daily Journal and the MWAW website with this information.
What we are doing is pointing out the obvious problems with our government. Although an HOA Board is a local, small-scale government, it is still run like the U.S. government.
I’ve been asked to start a process of reform on a small scale with this local situation and the corruption of the HOA Board. We will follow this through and report on what we do.
We do this to show either the inefficiency of what we are doing IF the people (“unit owners” in our case … the American people in the case of the U.S. government) are too apathetic and don’t want to get involved or how it can be done properly according to the laws.
Here’s how we’re going to proceed … and YES, we will organize these protests and invite anyone, from anywhere, to join us at Garden Park when we protest, not only at the HOA Board meetings, but outside of the HOA Board Members’ homes. As many people as we can get to show up, the stronger our voice.
Here’s where we are at … Well, since Lynnette Cook is spearheading the reform movement, I’ll let her explain in her own words:
The following is a letter and NOTICE that Lynnette Cook is preparing to send out to all 144 unit owners:
(Start of Lynnette Cook’s letter and NOTICE.)
I sued the Garden Park HOA Board today and I want you to know why.
July 11, 2018
My name is Lynnette Cook. I moved into Unit 228 in April of 2017. When I moved in, I requested a pool key. I didn’t get it until the end of August, 2017, just before the pool closed. I never got to swim that year, not even once.
This is not because I didn’t try to get a key. I called and called and called. Nobody returned my calls. I emailed. No reply. I drove down to TPM (I own my own business and was very busy so getting there during THEIR work hours was not always an easy task), and WHEN Rich was there (he often wasn’t), I got a pool key. It didn’t work. I repeated all of the above through at least two more pool keys before it finally got resolved. That’s when I decided that I wanted to be on the HOA board. I didn’t want anyone else to ever have to go through the frustration that I had just experienced.
So, when the notice came out that they were looking for people to run, I followed all the instructions and was informed that I was going to be on the ballot…until I showed up at “Meet the Candidates Night.” I showed up early, excited to be a part of the process. When the candidates were asked to go to the chairs up front and I headed that direction, I was questioned and told that I was not on the ballot. I was surprised, showed them my email confirming that I was told I would be on the ballot, and they very grudgingly allowed me to join the other candidates.
The truth was, I had not been included on the mailed-out ballot; and shortly after this incident, I got a call from Rich Wells trying to talk me out of running, suggesting I could maybe help on a committee or something. I explained that I had followed procedures correctly and that I still wanted to run. so they reluctantly sent out another amended ballot with my name on it.
Long story short, there were four openings and I made the fifth candidate. I didn’t get on the board (although there is no transparency to know what the results really were). I decided that that was just fine and offered to help in any other way I could, suggesting that perhaps I could help with the clubhouse or some other committee, as Rich had suggested. I was given the clubhouse responsibility.
Shortly after the election, Tony Saiki had a change in his personal life that resulted in him resigning. I was the only other person who had even wanted to be on the board, but I was told that they needed to question me about things before they could decide what to do. I submitted to all they asked of me and they finally “allowed” me to be on the board with them.
That was the beginning of what has become a very eye-opening experience.
I could probably write a book about all that has happened, but I know that you wouldn’t want all the details, nor do I want to relive them. so I will try to make this as short as I can, touching on just some of the most important things.
From the beginning, I have just wanted to have full transparency, and get things done fairly, quickly, and efficiently. That has been my mantra throughout my assignment on this board. I have done all within my power to keep this as my goal.
I have hit roadblocks from the beginning. My first experiences at board meetings were gossip sessions, talking behind peoples’ backs, and resolving nothing. I wrote a letter about this to the board (this is before I was appointed to be on it) and the gossip got better.
I quickly learned that nobody knows what they are doing. That included me. I’m not excluding myself from this, nor shunning my responsibility. The weird thing was that there are people on the board who consistently remind people of how long they have served on the board. This leads me to wonder, “why do they still not know what they are doing? Nobody knows or understands the by-laws. Nobody follows proper procedures.” When I have asked for help with things, I have been ignored and left to figure things out on my own, which has led to some mistakes on my part, things that I regret and would do differently, if I could.
Another thing I have come to know with certainty is that the property is not properly maintained. There are small maintenance items, things that could be quickly done by an on-site manager, that are reported to TPM and are not done until months later. I’m not talking about one or two things. I’m talking about lists of things that just build up month -after -month -after -month. There are major problems, even safety issues, that we could get sued for, that never get taken care of because “we can’t afford it.”
I have been astounded at the unfair treatment of people. Some people are given quick attention and approval of things, while other people are completely ignored. I have seen this time and again. Some people have been allowed approval for things that other people are, at least initially, denied.
People’s requests for help are ignored time and time again. When they become more adamant or even threaten lawsuits (and believe me, in the short time I’ve been on the board, I’ve seen plenty of that), they are treated to “time outs,” thereby increasing their frustration, rather than being listened to.
It seems to me that there are board members who focus almost entirely on issues like policing those who park in visitor’s parking, rather than dealing with other issues that are staring themselves in the face.
I have tried with all my might to represent the people of this community. I have had many, many people come to me with complaints and I have forwarded them on immediately to the board. The more people have complained and the more I have tried to solve their problems, the more I have been ignored and shunned.
I have been insistent/persistent in the following matters:
I have fought for full transparency of all things. I do not believe in keeping secrets from the people you are representing. That has resulted in the board keeping secrets from me, to the point that I have been completely excluded. Larry Goff has even admitted to having secret meetings without me included.
I have tried to follow through on complaints. This has resulted in contention and frustration by other members of the board and by Rich at TPM, because things don’t get done; and they don’t want to be reminded of that. That has also led to me being ignored more.
I have suggested different ways to pay for things that need to be done, to keep our place safe and well-maintained, including possibly raising HOA rates or even having a special assessment. I have been ignored.
My husband and I have offered to take over the grounds maintenance, including all yard work (other than snow removal), trees, and smaller size maintenance services. We would be a full-time, on-call, on-site source for getting things done for virtually the same price they are paying for the services that are not being done. We are both very qualified and experienced in all of these areas and are licensed and insured through our business. I was told that the board would not even look at my proposal until I resigned. Then When I specifically asked if they would be willing to look at my proposal and if they liked it then offer it to us on the condition that I resign from the board, I was told no.
I have seen and heard of many prejudicial experiences. One that particularly astounded me was when Larry Goff was complaining about the yard service and said that “It’s because they’re Hispanics and they don’t know the difference between a flower and a weed.”
THESE are the people representing us! How many people in our community are Hispanic? How many of those Hispanics are being fairly represented by members of the board when they are looked down upon like that?
We are EQUAL human beings with EQUAL voices. We should be treated EQUALLY, no matter what our race, religion, beliefs, sexual orientation, or how popular we are.
I intend to fight for the people! I have done all within my power to do this, but to no avail.
We have had four board members resign since our last election. Currently, we have three board members. This does not qualify as a legal board, according to our by-laws. According to Article I, Section 1, our HOA is required by law to have a Managing Committee “consisting of five (5) unit owners to be selected by the unit owners. Such management committee shall have all the powers, duties, and responsibilities as are now or may hereafter be provided by the law, and the By-laws as the same may from time to time be altered or amended.”
Again, according to our bylaws, Article 1 Section 3, when there is a vacancy “the remaining members thereof may elect a successor to hold office until the next meeting of the unit owners.” I have submitted names to replace the missing board members with people who are willing, capable, and well -qualified and have been ignored. The two remaining board members have not submitted any names, nor have they given any reason why they will not accept the names that I have submitted. I have expressed the urgency of getting our board filled and have been told that we don’t need to do that. Currently, we have no power to do anything, as we have no legal HOA board. If we have projects that need approval, we cannot do anything about it. If we have repairs that need to be done, we have no authority to take care of it.
We have had several owners threaten lawsuits. We can’t do anything about this without a full, legal board.
To top this all off, Larry Goff announced to me that the regular HOA meeting for July was cancelled (because he was going to be out of town). I was not a part of this decision and I asked if we could reschedule it and was told no.
In an attempt to try to appease owners who are frustrated and to protect us from lawsuits that can sue for significant damage, I have made the decision to file a lawsuit, asking the courts for immediate help. I am not concerned about anything for myself, but I am concerned about this community, and about those who have been ignored, shunned, and hurt.
I have attached a copy of my complaints to the court, for your perusal. Please contact me with any questions or clarifications you may need. I would be happy to discuss this with anyone interested.
It’s time to make changes.
Please watch the following meeting that was held by concerned homeowners hoping to address their concerns with their HOA board, the ones who are supposed to be representing them, the ones who, once again, completely ignored their request for an audience, despite my earnest pleadings.
Also, I would be very happy to share every single email that I have been privy to while I have been on the board, so you can see exactly what I’m dealing with.
We, as homeowners, have the power to change this. If you listen to the video, even just the beginning, you will learn about some of the power we have.
I would like to call a special meeting for all homeowners according to the by-laws, Article II, Section 4, “Special meetings of the owners may be called at any time for the purpose of considering matters which, by the terms of the Declaration require the approval of all or some of the owners, or for any other reasonable purpose. Said meeting shall be called by written notice, signed by a majority of the management committee, OR BY THE OWNERS HAVING ONE-THIRD (1/3) OF THE TOTAL VOTES and delivered not less than fifteen (15) days prior to the date fixed for said meeting.” We need your votes to make a difference. Enclosed you will find a self-addressed stamped envelope, along with a ballot for your vote. Please take the time to vote and return this ASAP, as time is of the essence.
Thank you so much for your time,
During the time that I’ve been trying to prepare these letters to send out to everyone, some new things have transpired so I’m going to add them before I send these out.
I had filed for an Emergency Hearing on a Ex Parte motion in hopes that I would find a sympathetic judge that could help us out. That was denied because I failed to provide sufficient evidence.
It is not looking hopeful on the rest of it because of one word in our by-laws. According to Article 1, Section 3, “In case of any vacancy in the management committee, the remaining members thereof may elect a successor to hold office until the next meeting of the unit owners.” The key word in this is “may”. It doesn’t say “must” or “will”. Because of this one word, we are at the mercy of the management committee to decide IF they want to appoint someone else. My understanding now is that even if we had four people resign, the one who was left would have the choice to appoint other members or not. In my opinion, this is a problem with the by-laws.
The by-laws were executed on January 15, 1974. They are outdated and ambiguous in many ways. We have the power, as a community to change these bylaws so that they will protect us. As I stated above, we can unite and agree to have a special meeting where we can discuss these things and change our bylaws to protect us.
If you are unsure about how you feel, you can come to the meeting to decide but first we have to agree to have a meeting.
New update: Terri Moser submitted her name to be on the board and was immediately answered. Both Christopher Nemelka and Laura Saiki’s names were submitted and completely ignored – not even a comment as to why not – just completely ignored.
(NOTICE to be sent out to all owners with a self-addressed stamped envelope.)
Notice of Intent to Hold Special Meeting
Pursuant to Article II, Section 3, “Special meetings of the owners may be called at any time for the purpose of considering matters which, by the terms of the Declaration require the approval of all or some of the owners, or for any other reasonable purpose. Said meeting shall be called by written notice, signed by a majority of the management committee, or by the owners having one-third (1/3) of the total votes and delivered not less than fifteen (15) days prior to the date fixed for said meeting.”
I, _______________________________, from Unit _________, hereby agree to hold a special meeting pursuant to the above section of our bylaws.
Please respond as soon as possible so we can schedule a meeting. Attached is a self-addressed, stamped envelope.
(End of Lynnette Cook’s letter and NOTICE.)
This is where we’re currently at … I will keep anyone interested informed.
Oh yeah … to those of my so-called “friends/supporters” who wanted to “move on” and not be involved in anything “negative” in their lives ….
Don’t you think that Lynnette could have used your support?
SHAME ON YOU!
“Get thee behind me Satan!”
But anyways … Sigh … 😦