The following facts relate to the falsehoods and defamatory statements published in Mr. Watkins’ guest commentary in the Lake County Record-Bee.
The commentary alleges:
1. That Alan Siegel and I are “imposters” defrauding the public.
Alan Siegel was elected to the board July 2004. He completed his term in June 2006 and left the board. Due to resignations by board members, Alan was asked to return to the board. He agreed and was appointed to the board in October 2006. In June 2007, the association had no nominations or volunteers to run for the vacant board positions. At the November 2007 board meeting, the board appointed Daniel Bridges, who had volunteered to participate on the board. The board reappointed Alan Siegel and me to fill the vacant positions resulting from lack of participation in the June 2007 annual election.
I had been volunteering as a member of the Architectural Control and Planning Committee, and was appointed to the board January 2006 to fill a vacancy created by another resignation. Clear Lake Riviera Community Association Bylaws state that “Any vacancy on the Board of Directors may be filled by a majority vote of the directors then in office.” They further state: “Directors shall be elected for terms of two years and shall serve until their successors are elected and qualified (emphasis added), and not be eligible for re-election (emphasis added) after serving a two year term until they shall have not been a director for at least one year.”
California Corporations Code Section 7527 states, “An action challenging the validity of any election, appointment or removal of a director or directors must be commenced within nine months after the election, appointment or removal. If no such action is commenced, in the absence of fraud, any election, appointment or removal of a director is conclusively presumed valid nine months thereafter.”
2. “They have broken nearly every law on the books.”
This charge is without details or factual basis and is totally unsubstantiated. No current board member has received any personal gain or consideration in conjunction with their service on the board, nor have they knowingly violated any laws or regulations relating to Association business. This board has always sought legal advice when questions arose regarding proper conduct of association business.
3. “They have defrauded the public by signing important contracts when they weren’t eligible.”
The eligibility of the board members has already been addressed. In order to have defrauded anyone the board would have to have obtained something of value under false pretenses relating to any contracts they signed. Nothing was so obtained and no losses to anyone have been sustained based on any contractual obligations signed by the board’s directors.
4. The board “elected to employ a secretary as an independent contractor to avoid taxes.”
A consultant with homeowner association management experience was hired by the board to assist a newly hired office manager who filled a salaried position. The consultant was contracted to assist the office manager as needed. She was not given any scheduled hours nor was she given any association equipment with which to perform her consulting services. She was correctly classified at that time as an independent contractor reportable on IRS Form 10-99. When the then current office manager left, the consultant was hired as a salaried employee and reported to the payroll processing company as such.
This board has not attempted to avoid paying any taxes on behalf of the association. The board would have absolutely nothing to gain by erroneously classifying its employees.
5. The board “has abused the elderly both verbally and financially.”
The board hasn’t abused anyone. This is another specious charge without details or factual basis. Collection of dues and imposition of fines for failure to correct violations of the Covenants, Conditions and Restrictions (CC&Rs) does not constitute abuse. These actions are in fact part of the fiduciary responsibility of the board. The board could be held liable for failing to perform its fiduciary responsibilities if it neglected to perform those duties.
6. “People are being forced to cut natural chaparral ridiculous distances (100 feet) from their homes.”
Given the hazardous fire conditions in California, amply demonstrated by this years fires, the Association has made an effort to reduce the fire danger in our community. The association’s weed abatement guidelines are distributed to members of the association and are sent out with notices of violation relating to the association’s fire hazard abatement program. Nowhere in the governing documents or in the guidelines is there any mention of a distance requirement. Homeowners cannot be compelled to do anything outside their property boundaries.
7. The “association’s own laws say 30 feet, and the board of directors is breaking the county ordinance and their own law.”
As noted above, the association has no distance requirement. The board of directors cannot be breaking the county law (Kelseyville Fire Protection District Ordinance 12) since the board does not enforce county ordinances and the ordinance applies to property owners not association boards.
8. “Some widows and single mothers are being fined $250 a month because they can’t afford to cut brush 100 feet every year. Some don’t even know they are being fined because the Association is breaking the due process laws of the association.”
The distance issue has already been addressed above. No individual is fined without first being notified by a courtesy letter advising them of the alleged violation and requesting that they correct the problem or contact the Association office regarding their intentions to correct the problem. If no response is received and the violation is not corrected, both certified and first class letters are sent advising the individual that formal violation proceedings are starting and advising them of when the board will consider the matter and inviting them to appear at the hearing. A letter is sent within 15 days after every hearing reporting the hearing results. Each month individuals in violation are notified that a board hearing has been scheduled and that they have the right to appear before the board and present evidence and mitigating circumstances.
The individual Mr. Watkins identifies as an abused property owner hasn’t paid dues for a number of years and has been continually notified that she was in violation. She has elected to ignore notices relating to both her failure to pay dues and failure to correct the violation on her property.
9. We are “fining the elderly outside judicial rights.”
The elderly aren’t selected out for any special treatment. In fact, in most cases we have no knowledge of the age or status of any property owner on the association roles. Fines for violation of the CC&Rs are imposed in accordance with legal requirements outlined in the California Civil Code, Davis-Stirling Act, and the governing documents of the association.
10. Attempting to “destroy the CC&Rs through illegal amendments.”
The board attempted to legally amend the CC&Rs. The meeting was publicized and attended by many property owners. An attorney representative, Beth Grimm, was hired to manage the amendment process. The procedure was done in accordance with the Civil Code and the association’s governing documents. The attempted changes were never enacted due to questions relating to the mailing of a corrected copy of the entire CC&Rs. The vast majority of the votes received approved of the proposed amendments. The current board neither enacted nor enforced the proposed 2006 amendments to the CC&Rs.
A group of volunteers have attempted to oversee the fair and impartial application of the laws and rules governing this common interest development. They have attempted to provide oversight of the daily operations of an organization with many competing constituencies. Their reward has been an unrelenting attack by a small group of individuals, individuals with personal agendas, intent on destroying the organization because it serves their purpose to have the association dissolved.
Unfortunately, the majority of property owners are unaware of the efforts and benefits that their Association provides. They won’t become aware of its value until they lose it. Once the association is destroyed there will be no getting it back. There will be no covenants regarding property use and appearance that all property owners agreed to when they purchased their property. Property owners will then have no recourse to resolve problems other than cumbersome and expensive civil legal procedures and no organization to represent them when the county approves actions that are detrimental to their ownership rights, such as approving the building of a 35-foot tall building that totally obstructs their view.
Nobody is forced to buy into a common interest development. Once you do, you are expected to abide by the rules. If you disagree with certain rules, there are legitimate means of changing those rules. If the majority of the property owners want to abide by the rules, no individual has the right to exempt themselves from the rules they don’t like. Attacking the volunteer board members doesn’t change anything. Many individuals buy into a common interest development precisely because they want certain rules that protect their environment, neighborhood and property values.
Below are some examples of Mr. Watkins’ (aka Kruk Ed Strait) responses to his “Exposing the aked emperor” diatribe of Aug. 5. Is this really the type of individual you want speaking for your community?
Kruk Ed Strait - Probably True
..buuuuuut, fastleft and jmadison don't like Kruk! Even if what he says is probaly true. Amazing! Perhaps they don't know it but they are saying they prefer liars. They're also saying they don't like Kruk's opinions against bloody abortion clinics, homosexual sins, and unruly kids in families and public schools. Of course, they hate Kruk's campaign for creationism and the Ten Commandments. Perhaps they don't know every human must make these kinds of choices before the great and terrible Judgement Day that's rapicly approaching.
Kruk Ed Strait - Foot- in-mouth Judy E
..can't seem to get it out. First, she quotes amended CC&R's that haven't been amended. Then, she gets the judicial process mixed up with star-chamber fining policies. Finally, she has upset her entire boat and fallen into waters infested with the sharks of bloody abotion clinic purveyers and militant homosexual activists. She'll soon be chanting down with the Ten Commandments and long live Darwin to fit in. When the evil predators circle closer and closer, she'll probably think she's more and more popular. Like the rabbit, she doesn't know she's on the menu.
In my opinion, Mr John Stoddard’s (aka Johnny Dangerous) comments in the online forums are generally even less intelligible and more incoherent. Such as this comment under “Commentary shed light on HOA operations.”
johnny d
Novato, CA
#7
Sunday Jul 13
et da rope // get da rope // i got da tree //lets got da boms //da jim spero poopy pants// oliverly dave peepeeboy //wendall bedweter//allind seglynot. i am a real boy//alan @ i dont know da law so i make it up .com // call alan at 1 800 my pants are full //or call 1 800 i cant spell bad boy johnny d .com
I would urge everyone to think twice before you buy into the self-serving appeals of a few people to destroy your association. You may not see the benefits that your $86 a year provide because many of those benefits aren’t readily apparent.
Some observable benefits are the repair and maintenance of the unique street signs in the Riviera. Yes, there are some that you can point to that need repair. This is an ongoing project that requires continual attention. The community hall is used by many different groups and is available to any property owner for special events. The upkeep and maintenance of this facility is also an ongoing expense. The inspections of new building projects and the enforcement of requirements to complete construction in a timely manner as well as cleanup of those construction sites is another ongoing function. The existence of an organization representing 2,800+ property owners in Lake County provides a strong voice when dealing with other governmental organizations. Having an uninvolved party to turn to when people create hazards and nuisances adjacent to your property is another benefit. Unlike a legal proceeding, there is no cost to you in attempting to resolve the problem.
My tenure on the board is over. I am thankful that a number of concerned individuals, who do not want to see the association destroyed, have elected to run for office in the current election despite the continuing attacks and poisonous atmosphere that Mr. Watkins and Mr. Stoddard have helped create. Those volunteering to run for board positions are also aware that these attacks will not stop because Alan Siegel and I have left the board. The attacks have already expanded to include the office staff and certain individuals running for the board.
I would urge you not to join in the ongoing attacks against volunteers attempting to do the right thing for their community. If you have an issue, bring it to the attention of the board at the monthly meeting or in a letter. If you do not have the time or inclination to help resolve the issues facing our community, at least give those who are attempting this challenge the benefit of the doubt.
Sid Donnell lives in the Clear Lake Riviera and served on the association board.
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