Master Association Sues Owner
The Edgewater Isle Master Association filed a small claims case against a homeowner in Redwood City on Monday, December 29, alleging unpaid association dues from April 2014.
This is the third time an Edgewater association has sued this homeowner for unpaid dues. The previous two cases were filed in 2000 and 2002. Both cases were ultimately settled by the homeowner paying the judgment entered in the case.
In the case just filed, the Master Association alleges that the homeowner owes $3,013.55 for unpaid dues and collection fees. (But mostly for junk collection fees.) The hearing date is scheduled from February 17, 2015.
Getting Association Documents
In today's recurring "Associations" column in the Los Angeles Times, an owner writes:
"Our board and management are highly skilled at circumventing laws by using delay tactics for owner requests. Our association's accounting consists of nothing more than unverifiable summaries presented as fact. Management even announced they shredded everything before 2006 per board instructions; management and directors boast of attending seminars where they're taught these tricks."
The answer includes the following:
"Worse, there is no per se liability for an association that fails to maintain and retain records created prior to Jan.1, 2006, as required by in Civil Code section 5210(a)."
This is why it is critically important for all homeowners to save every document the association mails to owners. The Association may not be keeping their own documents, and if you don't have them, who will?
Associations Must Accept Partial Payments
Today, the 4th District Court of Appeals in California published an unanimous opinion (meaning the case can be cited in future cases) stating that homeowners associations MUST accept partial dues payments from homeowners in payment of a debt, EVEN IF a lien has already been filed on the homeowner's separate interest.
The HOA delinquent dues collection scam has grown into a boutique business, with firms set up for the practice of doing nothing but HOA dues collection. The fees added to a delinquent homeowners dues can be double or triple the amount of delinquent dues. Boards of directors, through HOA law firms who represent associations only, have been encouraged by these lawyers to not accept partial payments. These HOA law firms often own their own subsidiary law firm that does nothing but collections, hence the law firms' enthusiasm on foreclosures.
Today's court decision says that an association "shall," which means "must," accept partial payments in payment of a past-due debt, and that partial payment MUST be applied to late dues before it's applied to anything else, such as lawyer fees.
The court concludes by saying:
After considering the language of section 5655(a) and its context within the Davis-Stirling Act, we conclude an association must accept a partial payment made by an owner of a separate interest in a common interest development toward a debt described in section 5650(a) and must apply that payment first to assessments owed.
Read the complete decision here.
On July 29, a resident made a report to the San Mateo police about a suspicious individual on the property.
The individual in question was arrested for two misdemeanor crimes, vandalism and resisting arrest. Prosecution is pending.
Caller Attempts to Defraud Resident
On June 15, a resident at the Senior Apartments reported an attempted phone fraud, with the fraudster claiming to be an IRS agent. The victim realized it was a scam, and did not give up any money.
The San Mateo Police Department offers some tips on how to recognize scams on their blog.
Senior Apartments Remodeling
The owner of the Senior Apartments, HIP Housing, has notified homeowners that they are planning some remodeling to the 3 buildings in the Senior Apartments complex.
Plans include a new office and new solar panels.
A meeting will be held tomorrow, June 4, for homeowners' input. Read the mailer to see all details.
Edgewater Isle North Threatens to Dispose of Owners' Property
An Edgewater Isle North homeowner wrote to say that the North Association is threatening to remove homeowners' property as they see fit.
In its March 2014 newsletter, the Edgewater Isle North Association wrote that any owner who has a security sign in a flower pot will have it (the sign) removed by the board of directors without notice.
In light of the two known Megan's Law offenders and other criminal offenders (e.g., convicted thieves) living at Edgewater Isle, as well as other known violent incidents, why are owners prohibited by "The Board" from protecting their own interest?
The Edgewater Isle North board of directors may be unaware that "traditional tort principles impose on landlords, no less than on homeowner associations that function as a landlord in maintaining the common areas of a large condominium complex, a duty to exercise due care for the residents' safety in those areas under their control."[Frances T. v. Village Green Owners Assn., 42 Cal 3d. 490 (1986.] "Directors are jointly liable with the corporation and may be joined as defendants if they personally directed or participated in the tortious conduct." [United States Liab. Ins. Co. v. Haidinger-Hayes, Inc., supra, 1 Cal.3d 586, 595.]
It is doubtful the Association's insurance policy would protect individual board members under their Directors and Officers' insurance policy if an owner is robbed (or worse) after an Association deliberately removes security signs. And therefore, individual board members could be held personally liable for damages.
CSI Construction Services Is Confused
An Edgewater Isle South homeowner writes us to share a letter sent out to all owners at the "Vista Del Mar" association. There is no known "Vista Del Mar" association at Edgewater Isle, only the various "Edgewater Isle" associations.
Edgewater Isle North Association Sues Former Owner
The Edgewater Isle North Association filed a lawsuit in Superior Court on March 10 for a former homeowner's unpaid dues for $7,397.44 (which includes junk fees).
The former owner abandoned the property and it was in foreclosure proceedings. The Association did not pursue collecting the dues when the amount was under $5,000 (the limit for a corporation to sue in small claims court) and now has to file in Superior Court to pursue the unpaid dues.
Judgment Issued Against Owners for Unpaid Dues
The Edgewater Isle North Association was officially awarded a judgment against former homeowners for unpaid dues after a small claims court hearing on December 15, 2013 (previously reported below). The Association has also recorded an Abstract of Judgment.
With an official judgment, the Master Association can begin collection activities. Collection activities can include garnishing wages or attaching a bank account (which means legally taking money out of the judgment debtor's bank account). The Abstract of Judgment will mean that any property the judgment debtor sells within the County will be subjected to that judgment, and amount of the judgment is sent to the Association before any proceeds going to the judgment debtor.
Maintenance Golf Cart Stolen
On the morning of Tuesday, January 21, an unknown suspect stole the maintenance golf cart at Edgewater Isle.
The theft was promptly reported to the San Mateo Police Department. The suspect was described as a man with a thin build, possibly Asian, wearing a baseball cap.
The cart was recovered about one hour later. It was not damaged and nothing was stolen from it. No arrests have been made.
Resident Sentenced: Is Now a Registered Sex Offender
An Edgewater Isle resident who pleaded guilty to possession of child pornography has been sentenced.
Joshua Lockwood, 31, a resident of Edgewater Isle, was sentenced on January 7 in San Francisco County Superior Court to 1 year in County jail, 5 years of probation, a lifetime mandatory registration as a sex offender, and ordered to pay fines and fees.
Additionally, all material was ordered confiscated and destroyed.
Lockwood is not allowed to be around other sex offenders and cannot live with children under 18 or invite children under 18 into his home. If he has children of his own, he must obtain court permission to live with them (his own children).
The next hearing, for restitution, is scheduled for February 20, 2014.
This brings the known total of registered sex offenders at Edgewater Isle to 2.
Master Gets a Court Judgment
Edgewater Isle Master Association sued two South homeowners in small claims court for unpaid association dues.
The Association was represented by Erin Anderson, community manager, and the defendant homeowners did not appear despite being properly served. (Served by a subpoena and with a "proof-of-service" document on file with the court by the person who served the subpoena.)
The Association was suing for $5,000, which no doubt includes junk fees (for example $250 for sending a form letter to the homeowner).
Should any homeowner find themselves in this situation, they could be better off appearing to dispute the junk fees and reducing the amount of the inevitable judgment.
The Master Association is the same association who failed to pay dues to the North Association after the Master Association foreclosed on a condo in the North.
Edgewater Isle resident Joshua Lockwood pleaded guilty to possession of child pornography, California Penal Code §311, on Friday, December 6. Sentencing is scheduled for January 7, 2014.
As previously reported here, Lockwood was prosecuted by the San Francisco District Attorney's office for possession of child pornography after he was arrested by the San Mateo police on September 18 based on a San Francisco police department warrant.
It is not yet known if Lockwood will be listed as an offender under the Megan's Law listing for sexual offenders, but if so, he will be the second registered sex offender in Building 1 (1700 block of Vista Del Sol) at Edgewater Isle.
Edgewater Isle North Wins Small Claims Case
The Edgewater Isle North Association won its small claims case against former owner Jennifer Limcaco for unpaid dues of $5,000.
The hearing was held on November 13, 2013, and defendant Jennifer Limcaco did not appear at the hearing. The Association is now free to pursue collection actions against the defendant if she does not pay or appeal within 30 days. (It is highly unlikely this decision would be overturned on appeal anyway.) Collection activities can include wage garnishment or property seizure.
Resident's Next Hearing
As previously reported here, an Edgewater Isle resident is being prosecuted by the San Francisco District Attorney's office for possession of child pornography.
Joshua Lockwood, 30, an Edgewater Isle resident, was arrested by the San Mateo police on September 18 based on a warrant issued by the San Francisco police department.
Lockwood's next hearing in the matter is scheduled for December 6 in San Francisco.
County Issues Lien Against Association
For the second time in as many years, the Edgewater Isle Master Association has a lien filed against it by San Mateo County for failure to pay taxes.
Public records show that San Mateo County filed a lien against the Edgewater Isle Master Association on November 18, 2013, for $344.71, including late fees of $35.54.
Last year the County also filed a lien against the Master Association for failure to pay property taxes.
One may wonder what the Edgewater Isle Master Association is thinking, continuing to pay late property taxes on the RV rental lot.
Common Interest Management Services, the Master Association's management company, should also be held to answer for this because this sort of inaction costs homeowners more money.
But look for this to be filed under "office supplies" or "miscellaneous" in the annual, uh, "audit." (Audits are a mandated joke -- the auditors never inquire or care about the creative accounting that goes on in homeowners associations. But that's another story.
Former Owner Fails to Show at Small Claims Hearing
As previously reported here, Edgewater Isle North Association sued two former residents in Small Claims Court for failure to pay dues.
The North Association (through their collection agent Angius & Terry Collections) dismissed Andrew Limcaco from the case but not Jennifer Limcaco.
At the hearing today, Kristin Harding appeared for the association and identified herself as "a representative of the homeowners association." Why she didn't identify herself as an employee of the collection agency is unknown.
Defendant Jennifer Limcaco did not appear at the hearing although she was properly served.
No doubt the Association will receive a judgment of $5,000 in about a month, the length of time the Court says it now takes to process small claims cases.
Stolen License Plates Reported
A resident in the 1900 block of Vista Del Mar reported on Friday, November 8 at 2:00 p.m. that the license plates were stolen off their vehicle at Edgewater Isle.
The San Mateo Police Department has no suspects in the theft.
Resident's Hearing Postponed
As previously reported here, Edgewater Isle resident Joshua Lockwood's pre-trial hearing on possession of child pornography was scheduled for October 30.
That hearing has been rescheduled to November 15, Friday of this week.
This case is being tried in San Francisco County Superior Court.
Edgewater Isle Master Sues Homeowners
Edgewater Isle Master Association filed another small claims case on Tuesday against homeowners (whose address is in the Edgewater Isle South) for past due assessments. The Association is claiming $5,000 in their small claims complaint for unpaid dues that run from September 2011 through February 2013.
The Master Association is suing the homeowners "For violation of governing documents." In light of how the Edgewater Isle Master Association itself did not pay the North HOA dues on the unit that the Master foreclosed upon, it's hypocritical for the Master Association to sue homeowners for the homeowners' lack of compliance with the governing documents when the Master Association itself ignored their responsibility for over a year.
The hearing is scheduled for December 13.
What Happens When HOAs Don't Disclose to Buyers?
With the recent number of on-the-market ("for sale") condos at Edgewater Isle, a question popped up that begs asking (well, begs answering actually). What happens when the Associations do not adequately disclose information to buyers?
In the 1990s, both Edgewater Isle South and North associations had construction defects ligitation against the builders. California Civil Code 1375.1 provides how the associations are to provide information to owners regarding that litigation. That statute reads:
California Civil Code Section 1375.1
(a) As soon as is reasonably practicable after the association and the builder have entered into a settlement agreement or the matter has otherwise been resolved regarding allfeged defects in the common areas, alleged defects in the separate interests that the association is obligated to maintain or repair, or alleged defects in the separate interests that arise out of, or are integrally related to, defects in the common areas or separate interests that the association is obligated to maintain or repair, where the defects giving rise to the dispute have not been corrected, the association shall, in writing, inform only the members of the association whose names appear on the records of the association that the matter has been resolved, by settlement agreement or other means, and disclose all of the following:
(1) A general description of the defects that the association reasonably believes, as of the date of the disclosure, will be corrected or replaced.
(2) A good faith estimate, as of the date of the disclosure, of when the association believes that the defects identified in paragraph (1) will be corrected or replaced. The association may state that the estimate may be modified.
(3) The status of the claims for defects in the design or construction of the common interest development that were not identified in paragraph (1) whether expressed in a preliminary list of defects sent to each member of the association or otherwise claimed and disclosed to the members of the association.
(b) Nothing in this section shall preclude an association from amending the disclosures required pursuant to subdivision (a), and any amendments shall supersede any prior conflicting information disclosed to the members of the association and shall retain any privilege attached to the original disclosures.
(c) Disclosure of the information required pursuant to subdivision (a) or authorized by subdivision (b) shall not waive any privilege attached to the information. (d) For the purposes of the disclosures required pursuant to this section, the term "defects" shall be defined to include any damage resulting from defects.
Edgewater Isle North homeowners never received such a statement. But you better believe the association will be sure to give you the disclosure saying you can't have a potted plant on the balcony. Maybe someone can tell us where it says there is a time limit on this disclosure. The form that is completed by the associations' property management company (which the seller pays a fee directly to the management company for the completion of that form) looks like this (below) and does not mention a time limit:
Why is the management company not providing a statement regarding past litigation involving the developers of these associations? It is specifically called out, and the management companies know or should know of such things.
Each of the associations listed a long list of construction defects in their lawsuits. Only some of the items stated in the lawsuits were fixed during each association's reconstruction. The remaining unfixed problems tend to be swept away as "the owner's problem" as the years go by. Except homeowners may be better off to tell the association that the present-day damage is actually a result of the undisclosed defects they alleged in their own lawsuit.
Sellers and buyers are both ill-served by this shoddy disclosure practice.
Buyers may want to search court records for information on such cases.
Disclosures About Neighbor(hood) Problems
When sellers sell real property, California law requires a whole bunch of disclosures as part of the process. Locally, real estate agents are fond of the PRDS forms, which includes the Seller's Supplemental Disclosure Checklist. Sellers complete this form and then buyers initial they've read it.
One section of this form asks the seller about neighborhood conditions:
With the exception of estate sales, does a seller disclose about their nextdoor neighbor who has harassed them? Isn't that a "complaint to police or other governmental authorities?" What about if that neighbor has been the receipient of more than one restraining order issued against them?
This has happened in the Edgewater Isle South complex: two units have sold in the South recently that have had just this problem: a resident there has been hit with more than one restraining order by their neighbors.
As part of their due dilligence, buyers may want to search the court records for their would-be neighbors to see if this issue exists. In a HOA, where neighbors often share common walls, it may make the difference between a satisfying purchase and a problem.
Joshua Lockwood, 30, a resident in the 1700 block of Vista Del Sol at Edgewater Isle, was arrested by the San Mateo Police Department on Wednesday, September 18, at 5:04 p.m. from a warrant issued by the San Francisco Police Department for possession of child pornography.
On September 20, Lockwood was arraigned and charged with two counts, both felonies, of California Penal Code 311.1(a). A pretrial hearing is scheduled for October 30.
Lockwood's address is very close to an address used by a Megan's Law registered sex offender who also reported an Edgewater Isle address: both addresses are in Building 1. News on that registered sex offender was previously reported here in February.
Lockwood was previously arrested and charged with DUI on October 31, 2011. Lockwood pleaded "nolo contendre" (guilty) On February 15, 2012, and was sentenced to two days in San Mateo County Jail, fines, and 3 years of probation after completing a three-month first offenders' program.
Lockwood lists himself as an illustrator on his LinkedIn profile.
North Association Sues Homeowners Who Appear to Have Never Paid Dues
On Wednesday, September 18, the Edgewater Isle North Association (through their collection agency Angius & Terry Collections) filed a small claims case for $5,000 for unpaid dues against two former homeowners, Andrew Limcaco and Jennifer Limcaco. The Limcacos defaulted on this property in 2007.
Since purchasing the condo in 2005, public records appear to show that the owners may have failed to ever pay HOA dues for the condo. Along history of liens and unsuccessful previous collection actions follow the Limcacos and this property beginning in February 2007, shortly before the homeowners filed for Chapter 7 Bankruptcy in August 2007. (Both Master and North associations were listed as creditors in the bankruptcy filing, negating the liens that had been filed.)
The small claims hearing is scheduled for November 13, 2013.
Master Small Claims Case Dismissed
The Edgewater Isle Master Association dismissed without prejudice (i.e., they could file the same case again) their pending small claims case for unpaid dues yesterday. The case which had been scheduled for a hearing on August 20, and then moved to October 11, because the Master Association had not served the defendant.
Master and North Associations Have a Meeting
The North and Master Associations held a two-hour meeting on Thursday, August 22, to discuss how the two associations can "improve board-to-board communication." Which itself is very interesting considering a few years ago that the Master Association sued the North Association.
The North had been holding "executive session" meetings to discuss "legal issues." Perhaps those meetings were to discuss the Master Association's failure to pay dues on the condo the Master Association foreclosed on.
Either way, it is best for all involved that the Associations hash it out instead of making money for their lawyers. More such meetings are to follow.
Master Small Claims Case "Off Calendar"
A small claims case filed by the Master Association on July 1 was scheduled to be heard today. The case was postponed, or is "off-calendar," because the Edgewater Isle Master Association has not served the defendant they are suing for unpaid dues.
A new date for a hearing has not yet been scheduled.
UPDATE: The hearing has been rescheduled for October 11.
Vandalism to an Auto Reported
On the morning of Friday, August 9, a resident in the 1600 block of Vista Del Mar reported vandalism to her vehicle to the San Mateo Police Department. The reporting party said that her car had been scratched on the sides and on the hood.
The San Mateo Police Department said no other incidents of vandalism were reported on that day or near that location. (stock photo)
Two years ago, the Master Association foreclosed on a condo in the North. Since that time, the Master Association sat on the unit (i.e., left it vacant) while failing to pay dues to the North Association. Now, the Association has rented the unit, all while being the type of unpaying owner that the Master Association itself files small claims cases about.
Public records show that the Master Association foreclosed on a condo, 2021 Vista Del Mar, in April 2011 and took title to it in August 2011, while the Association was a suspended corporation. The Master Association failed to do anything with this condo for the last two years, perhaps because they were waiting for the condo's mortgage holder to foreclose on the condo as well.
Master Association Won't Pay Late Fees or Interest on Late Dues
The Master Association only recently (in the Spring of this year) paid the last two years of dues, but for some reason, the Master Association determined that it won't pay the late fees and interest of those unpaid dues. At the same time the Master Association sues other owners for the exact same thing.
Representatives from the North and Master Associations did not respond to an email requesting comment.
Master Association Sues Homeowner
The Edgewater Isle Master Association, through their collection agent A.S.A.P, filed a small claims case against a homeowner on Monday for unpaid dues and fees of $3,531.26. According to San Mateo County records, the Master Association also filed a lien against this same homeowner (a South owner) in January of this year. The small claims case hearing is scheduled for August 20 at 1:30 p.m.
Association Adds Junk Fees and Sues For Dues Not Yet Late
The Association and/or its collection agent has DOUBLED the amount of the past-due dues by adding their "fees" that more than double the amount of the debt. The amount of dues from September 1, 2012 - July 31, 2013 is, by our calculation, $1,637.31. But the Association and its greedy collection agent have added their fees, which total $1,893.95, which is a total of "fees" that are approximately 115.67% of the original debt.
But here's what's interesting: the Master Association has SUED IN ADVANCE of unpaid dues. The Master Association assumes that this homeowner will not pay in July, which may be a fair assumption, but one must ask how the Association can sue and assess a late fee for dues that are not yet late.
Another Smashed Window
May 16, 2013
On the morning of May 4, a resident of the 1600 block of Vista Del Sol reported to the San Mateo Police that yet another window smash had occurred to a vehicle, a yellow Honda F2000, and the hardtop of the convertible was stolen.
The victim reported the theft occurred between 2:00 a.m. and 11:00 a.m. (But we can probably safely assume that it happened between 2:00 a.m. and 6:00 a.m. because after that, it gets light and busy.)
The SMPD always reminds people to remove all valuables from vehicles.
Judge Orders Moxi Posner to Pay Attorney Fees
April 20, 2013
Lois Posner, also known as Moxi Posner, filed a restraining order against a writer for this website and lost. The writer filed a motion for attorney's fees, which were granted after a hearing on March 11, 2013. The court ordered Posner to pay $1,500 plus costs.
Posner claimed that writings on this website are harassment. But of course, they are not because Posner specifically sought the great information on this website as opposed to it being sent to her. (There is a difference between seeking information and being the recepient of unwanted correspondence: read the law.) The judge in the case applied 1st Amendment principles to the claims made by Posner. Specifically, here is what the judge said about it:
What A Mess
April 18, 2013
The Master Association board of directors does not charge the utililty companies for the use of and the storage of their heavy equipment during this construction project. Homeowners are left with footing the bill for the use of and wear-and-tear to the road. Perhaps there is an easement for the utility companies to do this sort of thing (someone can look it up in the C C & Rs), but homeowners will be screwed while this project goes on and when they have to pay for any damage. Nice.
10 Years On.....
March 24, 2013
Over 10 years ago, Edgewater Isle Homeowners Association (North) went through construction defect litigation and the resulting reconstruction after that. Let's take a look at the biggest part of that mess and how that's fared before we begin delving into the newest.
Above: between Buildings 38 and 18 in the North
February 8, 2013
For anyone who has young children that live or visit at Edgewater Isle, please visit California's Megan's Law website to find information on convicted sex offenders who live in the area.
California's Megan's Law website lists an individual who lives at Edgewater Isle who has been convicted, possibly twice, of possessing child pornography .
California's Megan's Law website can be found here.
More Broken Car Windows
January 14, 2013
San Mateo Police have reported 3 more car burglaries in the 2000 Winward Way block.
Stolen Car Found at Edgewater Isle
January 9, 2013
On Monday, January 7, a tan-colored Ford Windstar was towed from the 1500 block of Vista Del Sol. The San Mateo Police said that this car was reported as stolen out of Hayward on New Year's Day.
A resident of the 1500 block of Vista Del Sol reported the unwanted car to the private tower for Edgewater Isle (i.e., the security company) who reported the whereabouts of the car to the San Mateo Police Department.
Broken Windows, Stolen TVs
January 2, 2013
The San Mateo Police Department has reported several broken car windows at the Residence Inn over the last week. Additionally, the Residence Inn has also reported a TV was stolen from a room.
The San Mateo Police Department always reminds everyone to lock their doors and remove all valuables from their cars. See previous story below.
Master Association Didn't Pay Taxes: County Files Lien
December 18, 2012
Why does this keep happening? First, the Edgewater Isle Master Association was suspended for some screwup with its 2007 taxes. The Master Association was suspended for 3 months in 2011 because of it.
Now, the San Mateo County Tax Collector has filed a lien on the Association for unpaid property taxes for the RV boat lot from which the Association collects dues from residents who choose to rent a spot.
The failure of the Master Association to pay its taxes has resulted in late fees being assessed to the Association. And they just passed a dues increase. Hummm..... maybe it's to cover incompetence.
Someone Doesn't Know How to Drive
December 17, 2012
So someone doesn't know how to drive at Edgewater Isle.
Over the weekend, a driver took out half of the front lawn. Despite what should be seen as a tight turn, someone chose to run over the front lawn and damaged both sides of the lawn at the south entrance to the complex.
Suspicions immediately point to a moving van as that has happened a few times before.
Or it could be some idiot texting while driving.
Or it could be a resident: residents have had accidents within the complex, so this would not be a first.
Let's just hope that there isn't sprinkler damage on top of the whole mess.
December 8, 2012
The Foster City Police Department reported a significant number of car burglaries within the past week. The FCPD has received numerous reports in apartment complexes and in a homeowners association complex where driver and passenger windows have been smashed and items removed from the vehicles. The FCPD received 8 calls of car burglaries via smashed windows on Monday morning alone. All calls came from Shell Boulevard and Emerald Bay (which is immediately adjacent to Edgewater Isle).
With the holiday season approaching, thieves become more active. Car owners are advised to remove everything from their cars when parked outdoors, even in their own residential complex. Placing items under the seat is not enough: take your valuable items with you whenever you leave your car.
Read the Foster City Police Dept's complete article on preventing auto burglary.
December 6, 2012
Lois Posner, a.k.a "Moxi" Posner, has gone to great lengths attempting to remove stories about her on this very website: employing all manners (threat of litigation, nasty attorney letters, etc.) except for the manner (most of) our mothers taught us long ago: you get more with sugar than with vinegar.
First, in July, Posner had attorney Alexander Lubarsky send a letter characterizing the stories of her car accidents "libelous" while failing to ever identify what exactly what was libelous. Her attorney merely said "everything" was libelous (which was never exactly persuasive).
When that didn't work, four months later Posner filed a Civil Harassment Restraining Order on November 19, 2012. But her request for a temporary restraining order was denied, which was the first sign that things weren't going her way.
Then today, Posner was defeated at the court hearing when the judge said that Posner (via Alexander Lubarsky) had failed to meet her burden of presenting clear and convincing evidence of harassment.
Perhaps if Alexander Lubarsky and Lois Posner don't want so many posts to be written about Ms. Posner, they stop requesting changes to published stories and then complaining that those changes generate yet another story on Ms. Posner.
Writing stuff on a website is not assault and battery, it is not stalking, it is not threatening, and it not harassing. It is a First Amendment issue, and the judge clearly saw that.
Why It's Important to Know What's Going On
December 5, 2012
Yesterday's San Mateo Daily Journal featured a cover story on Island J (more commonly known as "The Islands"), a neighboring HOA in Foster City. Island J has been through numerous assessments and currently suffers from very high monthly dues of over $800 per month. Island J's board of directors, lead by omnipresent HOA attorneys Berding & Weil, wanted to impose a $40,000+ assessment PER UNIT. The owners fought back and got the assessment reduced to $20,000 per unit, on top of the hefty dues.
In light of the budgets now being distributed, this article highlights why it is important to know what's going on in your homeonwers association and demand answers instead of the fluff that the lawyers and property managers often try to use as a substantive answer.
Rest in Peace
November 2, 2012
Today we are mourning the passing of a homeowner and contributor. We will miss his fearless ways and wish him eternal life.
Property Manager Follows Through
October 3, 2012
Kim Flicker from Common Interest Management Services, the management company for the Master Association, followed up with us on the dead bird problem reported by a homeowner. Ms. Flicker reported to us that she had followed up with San Mateo County Vector Control who advised that if the birds were gone overnight, it was most likely not them who disposed of the dead animals.
Homeowners are advised that if they find a dead bird or squirrel to contact the hotline at 877-968-2473 or visit the website smcmad.org and report it. Their request will be routed to the vector control division and who will come to the site, retrieve, and bag the bird and take it for testing.
If the reporting party wishes, they can get an id# which will enable them to follow up and get the results from the tests on the particular animal. The Vector Control website also has a report on the total of West Nile virus-positive animals in San Mateo County.
Ms. Flickner also reported that she has added this topic to the agenda of Monday's meeting.
David Rooney from Community Management Services failed to respond, much less follow up, to the original email.
Homeowner Reports Unsettling News
September 26, 2012
A homeowner wrote in about seeing 3 dead birds in the complex recently when walking in the early morning hours (after midnight). The owner has lived here for a handful of years and has never seen this problem and is concerned about West Nile virus.
The concern has been forwarded to both David Rooney of Community Management Services and Kim Flickner of Common Interest. Ms. Flickner promptly replied that she will put this item on the Master Association agenda for review.
Relax Everybody, It's OK
September 20, 2012
Moxi Posner and her attorney Alexander Lubarsky finally did respond to their cease-and-desist letter's reply, and would like everybody to know that an insurance company who investigated this accident could not determine fault with the accident on Vista Del Mar where 2 cars bumped into each other while backing up.
The previous posting on this incident is updated as shown below.
August 30, 2012
So Moxi Posner went and got a(n) (immigration?) lawyer who wants to call the postings on this website that discuss Moxi Posner's accidents "libelous."
Hummm.... this lawyer is not denying any of our statements.... And he has failed to identify WHAT exactly is libelous.
Well, we're not removing it and we're not apologizing. Everything written is true.
A response was sent to Mr Lubarsky, who has not replied 4 weeks later.
Car Window Smashed
August 29, 2012
A car belonging to an owner on Vista Cay had its right rear window smashed and items taken sometime between June 20 at 10:00 p.m. and June 21 at 7:30 a.m. The car, likely parked on Vista Del Mar, had several items stolen from it and, sources say, it is believed the thief was looking for items involving the owner's identity. None was found.
The San Mateo Police always advise motorists to keep items out of plain view inside a locked vehicle. Ideally, motorists should always remove all valuables from their vehicle and always lock their doors.
North Association Collects Judgment
August 14, 2012
The Edgewater Isle North Association has collected on its small claims court judgment for unpaid dues from a former homeowner.
In an April hearing, the North Association was represented by its collection agency. The homeowner had thought that since the condo was forfeited in bankruptcy, the dues were no longer due. Oops. But kudos to the North for pursuing a admittedly questionable case and recouping its dues.
Why can't the Master Association get its act together enough to even find the right courtroom after they file their small claims cases for unpaid dues?
A Property Management Company Contacts Us
August 13, 2012
A property management company in the East Bay has contacted us to let us know that they would be happy to work with homeowners and the boards at Edgewater Isle.
Caroline McCormick at Association Communications in Moraga told us that her company, ACI, works for the association, including homeowners and the board. Ms. McCormick stated she was sorry to see that one of her competitors has let down the owners at Edgewater Isle, and she would be happy to prepare a quote upon written request from a member of the board of directors.
Master Audit Fails to Mention Suspension
August 4, 2012
At the end of each fiscal year in a homeowners association, the association's books are required to be audited. (California Civil Code §1365(c)). The Master Association completed the required distribution of an audit, but the audit fails to mention that the association was suspended by the California Secretary of State for 3 months in 2011.
The Secretary of State suspended the association between August and November, 2011. This is supposed to mean that the association cannot hold meetings, etc. But we know the association did hold meetings because they regularly posted agendas in the common area during that time.
Who on earth is every going to believe an "audit" of their HOA's accounting procedures when a 3-month suspension is omitted from the audit?
July 25, 2012
UPDATED: September 20, 2012 (in bold)
has had was involved a second accident on Vista Del Mar, within the Edgewater Isle complex, this time hitting bumping into a BMW SUV, referred to as "a 1 percenter," while both were in reverse, sources say.
This time, unlike the last time, there are
witnesses witness(es) to this accident and the owner of the damaged car is pursuing the damages. An insurance company charged with investigating this accident could not determine fault, according to Posner's attorney Alexander Lubarsky. And boy, those BMW bumpers are expensive to replace. Let's hope there is no further damage underneath.
This Part is Just for Moxi
How are those "police investigations" going? Any word back from Senators Barbara Boxer or Dianne Feinstein? Representatives Nancy Pelosi or Jackie Speier? Or how about Judge Freeman? Anything? The nationwide mass media? 60 Minutes? Jerry Brown? The View? CNN? Who else was there? There were 40 letters, weren't there?
Oh yeah. The Master Association Meeting Minutes from November 8, 2010 reads:
Homeowner from 2247 Vista Del Mar advised the Board that she has sent a packet to mass media about the South's Board abuse of financial spending. She is requesting an ombudsman for homeowners. Forty letters have been mailed.
Where is all this "mass media?" Why hasn't the 60 Minutes truck pulled up to Edgewater Isle yet? Where is Morley Safer or Lesley Stahl? It's been nearly 2 years. Why hasn't Barbara Walters personally flown in to investigate this whole debacle? Where is that interview of you that was supposed to run in June or July?
Has the DA called you back? Has the San Mateo police chief called you back? Has the attorney called you back? Why haven't "Kimberly" and "John" been investigated and arrested for their "perjury?" Why hasn't Speaker Pelosi investigated their "perjury?"
You've written 40 letters already, right? Letters to the governor of this state, the presiding judge in the county, US representatives from this county and one over, the two senators from this state, and a bunch of TV shows. How's it going? What did it get you?
Resident Loses Small Claims Case
June 4, 2012
A resident in the North Association sued the Master Association and the "Parking Ticket Issuer and Tower of Cars" at Edgewater Isle. The hearing was held on May 25, 2012. The resident argued that he was unfairly targeted to be towed from the association, and after having received 4 previous citations and being towed anywhere from once to four times previously (depending on who was testifying), he thought he was being unfairly targeted. He was asking for $442 which included the towing and lost wages.
The resident tried a sneaky maneuver, but it ultimately didn't work. He brought the parking rules into court as an exhibit and said that he did not park in any visitor space more than 3 days in one month. But that's not really what the rules say:
And the judge asked him why he thought the second sentence should apply to him but not the first. Good question.
And to top if off, the resident further attempted to bolster his claim that he was being unfairly "discriminated" against because he had just bought a new car and he had left it parked in a visitor space for 5 days now and he hadn't received a ticket. Yes, that's what he said. (And this is why lawyers tell their clients to shut up.) It didn't go unnoticed by the judge who pointed out that he just admitted he broke the rules for the previous 5 days.
And in the end, it didn't work. The judgment was not for the resident but for the Master Association and the "Parking Ticket Issuer and Tower of Cars." Who couldn't see that one coming?
May 9, 2012
The San Mateo County Superior Court small claims court judge issued the decision in the collections case (described below). Not surprisingly, the judge issued the judgment for the association. However, the judge did not award the association costs on the amount due.
North Association Sues for Delinquent Dues
April 30, 2012
A representative from the North Association's collection agency appeared in court today to represent the Association in its small claims court action against a former homeowner who had delinquent dues.
Danielle Waller, representing the Association's collection agency, had her hands full today prosecuting two delinquent homeowners in two different associations (both managed by Community Management Services, CMS). The Edgewater Isle case was the second of the two to be heard, and Ms Waller explained that the Association was forfeiting several thousand dollars in dues to fit the dollar amount under the $5,000 small claims court limit (the small claims limit for corporations). The defendant, now a former owner, believed that since the condo was surrendered as part of a bankruptcy action no further dues were owed after it (the condo) had been surrendered in bankruptcy court. However, since the title was not taken out of the owner's name until almost a year later, the court commissioner asked the former owner if their name was on the title during that year, and it was.
So it certainly appears that the Association will win its case, but one must wonder how much good will come from pursuing a now-bankrupt former owner. And one must ask, does the collection agency still make the same amount of money on the case in spite of the Association's forfeiting monies due? Or was the Association negligent in bringing the action so late? Time will tell.
April 14, 2012
A resident at Edgewater Isle has filed a small claims case against the Master Association yesterday for $442 for because their "vehicle was unjustly towed from a parking lot" on November 21, 2011. The case is scheduled to be heard on May 25, 2012.
Without knowing more about the circumstances here, it may be a tough case for the resident to win. Everyone knows about the parking zealots at Edgewater Isle, and there are signs that do say that "unauthorized vehicles" will be towed. We'll just have to know more before commenting further.
Regardless of that, $442 does seem awfully high for towing a car. Unless the car was stored for more than a day, this does seem like a high cost for the Edgewater Isle Master Association to inflict on its visitors who may have not parked in the right spot. Is anyone receiving paybacks off the books?
North Files Small Claims Case Over Unpaid Dues
March 7, 2012
In what is beginning to emerge as a pattern, Edgewater Isle North today, through their illustrious collection agent Allied Trustee Services, filed a small claims case against a homeowner for unpaid dues amounting to $5,000.
We all know that owners have to pay their dues, but it appears that the collection agency/HOA has waited far too long to file this case. This homeowner has already been foreclosed upon by the lender, and the condo is currently on the market (for sale) by the bank. The bank completed its foreclosure on August 1, 2011, which is about 1 year after both the bank and the North Association recorded delinquency notices with the County. But since this collection agency is in Roseville (outside Sacramento) one can't help but wonder if the collection agency did any due diligence to learn these facts.
Regardless, does this sound like an owner with any money? It doesn't appear so. Chasing this owner may well prove to be a waste of time and effort. Does the Association even know this, or did the collection agency just do this on their behalf anyway? This homeowner moved out long ago, so serving the court papers may prove to be quite an effort.
The hearing is scheduled for Monday, April 30 at 1:30 p.m.
WOW! Look What One HOA Attorney Said
January 26, 2012
A local attorney who specializes in HOA law, Beth Grimm, has written a mind-blowing statement in her latest newsletter. Grimm, who is part of CAI and other HOA-industry groups nevertheless points out what some attorneys do with their
banks clients. Read this:
And before spending "good" money chasing "bad situations", get good advice first from a knowledgeable attorney who is not also a "scammer" who feeds into the board's emotions or lack of knowledge about or acceptance of reality.
Wow! An attorney who gets it! Do you think she reads edgewaterisle.com?
While her entire article discusses associations pursuing unpaid dues, this last sentence (above) was an amazing insight — from a lawyer no less — who understands that many attorneys who work with association boards of directors are doing nothing more than padding their billable hours by antagonizing homeowners and continuing to give life to disputes that would otherwise be resolved in an amicable manner. See earlier story below for a great example.
Master Board Is Unnerved
January 8, 2012
Why does it always come to this? Why is the Edgewater Isle Master board of directors simply incapable or unwilling to work with a homeowner?
On December 30, a homeowner who has tried to work with the Edgewater Isle Master Association board of directors for over 1 year on a speeding problem within the complex received this letter from HOA-industry law firm Berding and Weil. Berding and Weil does its usual job of "documenting the issue" of the "troublesome homeowner" with its predictable pattern of portraying a near-crisis from problems initiated by the homeowner.
Please read their letter and take note of Berding and Weil's characterization of a homeowner, one they'd probably like to sue, and this sort of letter is the first salvo in such an action.
Where do we begin?
First, the characterization of "unnerving" is hyperbole and is used for dramatic affect. Lawyers love this stuff. Anyone who has seen this enough times knows that it is typical attorney bullshit.
Second, you may be asking yourself if a HOA-industry law firm is allowed to issue restraining orders on homeowners now? The answer is NO. But that doesn't stop them. They're quite familiar with these sorts of tactics. It is meant to intimidate the recipient.
And finally, the funny part:
"The association recognizes that its efforts to calm traffic might not be noticeable to you."
What a joke. The Association HAS DONE NOTHING which is why nothing is noticeable. Talking with someone over the phone, someone who comes out and looks at stuff without preparing a report IS THE DEFINITION OF DOING NOTHING. Forming committees to talk about stuff is all well and good, but when videos are put up on YouTube showing speeders and an article in the LA Times is written about you, most people would get going. Meetings come and go, your board directors unnervingly yell at homeowners, all while you defend bad decisions and sick your attorneys on the homeowner to deflect your neglect.
And of course, the Edgewater Isle Master Association does not have the courage to name who is complaining, do they? No. Are these "complainers" actually the board themselves......hum. Probably.
And you do this, all the while having meetings while you were a suspended California corporation, filing lawsuits while suspended and failing — TWICE — to show up in court on your own cases and holding meetings, and taking title to a unit. You are hardly in a pious place to be pointing fingers at anyone else. Get your own house in order. It's quite messy .
Moxi Posner Yells at People in Public
December 30, 2011
Moxi Posner put herself on display at Gray's Paints in San Mateo. ♫ ♫ ♫ Oh what a circus, oh what a show .♫ ♫ ♫ Moxi ran and hid while spewing insults because she didn't want a picture to be taken of her.
No, Moxi, it is a video of you. Complete with audio. You didn't count on that, did you. Did you need a little paint to fix something you ran into?
Answer: The Master Association Is Very Stupid
December 12, 2011
Board Wastes $800
The agenda for today's Master Association board meeting included a presentation from a traffic engineer who was supposed to "report and make recommendations regarding the speeding and traffic issues within the community."
Well, what a waste of $800 that was! The "engineer" showed up without any report and said she had only been out to Edgewater Isle once, TODAY!. The engineer told the board that she never had any instruction to write a report.
Then, the ever-stupid board of directors told homeowners that they, the homeowners, couldn't tell speeders to slow down. WHOA! Does the Master Association think they are a San Mateo Superior Court judge now? One who has the authority to issue restraining orders? Well, no, they don't have the authority to do so, but that doesn't stop them.
As if that's not bad enough, look at this recent article in the LA Times about a board of directors who didn't listen to a renter who complained about speeders in their complex:
"Knew of the potential danger but took no steps to correct it." Emphasis added. It's been a year? What the hell are you waiting for?
December 9, 2011
How can the same association file 2 small claims cases against the same defendant and FAIL TO SHOW UP both times?
On August 4, 2011 and October 21, 2011, Edgewater Isle Master Association filed small claims cases for collection of delinquent dues. Edgewater Isle Master failed to appear at both hearings. Both small claims cases were filed while the Association was SUSPENDED by the CALIFORNIA SECRETARY OF STATE. But wait, you can't do that, can you? NO! You can't. At least you're not supposed to.
In addition to not only failing to show up to their own hearings, the principle at A.S.A.P Collections in San Jose, who filed the paperwork on behalf of the Association, told us that a board member went to THE WRONG COURTHOUSE. BOTH TIMES! This "gentleman" member of the board (and there is only one man on the board) has gone to the wrong courthouse twice? And he's in charge of the financial well-being of the association?
How could anyone have been confused where this courthouse is? It's printed front-and-center on the paperwork:
So this case, as was the previously non-attended case, was dismissed by the court.
November 26, 2011
For anyone who cares and for whatever it's worth, Lois F. "Moxi" Posner crashed her car into the South Association building on May 25, 2010. "Moxi" did not report this to her insurance company nor to the association's insurance company, but hid the car in her garage until it could be repaired.
On June 1, 2010, Moxi left a message saying the part (a headlight) to repair her 23-year old car was on backorder, and if the repair shop couldn't get it on back order, they would "hit the junk yards" to find the headlight.
"My Car Is Put Together"
On June 3, 2010, Moxi left another message saying her car "is put together."
Posner's car had been long-repaired by the time the Association fixed the building weeks later.
Not-So-Private Note to Lois F. Posner
No doubt you'll deny this.
If these statements here were false, it would be called "libel." But since these are true statements, it isn't "libel." It's true and you know it. You told your son about it as well. He told you to let your insurance company handle it. And to point your finger at others as you do while pretending to be holier-than-thou has to be exposed for what it is.
They're Dropping Like Flies
November 21, 2011
Property managers at Edgewater Isle are heading for the hills. A week after the property manager for the Master association left, now comes word that the manager for the South has left as well. Tis the season.
Property Manager OUT, Tax Issue from 2007
November 14, 2011
At tonight's Master Association meeting, homeowners learned that Conmmon Interest Management Services is again replacing its Edgewater Isle Master property manager. The previous manager is now gone and replaced with a new manager. Amber is out. Kim is in. We can't help but wonder if the whole suspension thing had anything to do with this.
And regarding the suspension of the Association, apparently it goes back to a 2007 tax filing. Why does it take 4 years for a tax issue to be straightened out? And why hasn't the auditor (what a joke) disclosed this problem?
Speeders Caught on Video
|One of several speeders caught on video|
November 10, 2011
A homeowner who has been trying get the (suspended) Edgewater Isle Master Association to pay attention to a speeding problem at Edgewater Isle has finally taken his message to the homeowners. A year after first addressing his concerns to the board of directors, today the homeowner distributed a flyer throughout the complex urging homeowners to come to the next board meeting and complain of the speeding problem that the board of directors has chosen to ignore. And not only ignore, but willfully ignore. (See meeting minutes below.)
Recology Truck Speeding
Here is a video shot of a Recology (trash collection) truck speeding down Vista Del Mar on a rainy Friday, November 4. The large truck is obviously speeding on this video, so much so that the driver slowed down when he saw the camera capturing his speeding. How hard does a homeowner have to work for a board of directors to do something about this obvious problem?
Meeting Minutes from 1 Year Ago
One year ago this homeowner approached the board of directors about this problem, and the board of directors in their infinitely questionable judgment said that they would not take action until he was a homeowner. (The homeowner was renting until escrow closed.) But really, what difference does that make? In the real world, it of course makes no difference. A problem is a problem whether it's brought to the board's attention by a renter, a visitor, a vendor, the police, a web site, or a homeowner. Can anyone imagine a board saying to a visitor, "Sorry, but we're not going to do anything about the lifted sidewalk because you're a visitor. Enjoy your broken toe and rearranged nose."
Logic That Will Make Your Head Spin
Fast forward a year: the board of directors has sat on its hands and done nothing about the problem while throwing busy work at the homeowner over "forming a committee", but
bored board member James Newell said:
"(The homeowner's) input should be considered only as an initial input to get an approval by the Board for a Committee recommendation." BUT..."Based on his input it's not clear that I can recommend a committee be formed."
- Email from "James Newell," Wednesday, September 07,2011 11:53 AM
Uh, let's review. The homeowner's input should be considered:
- "initial input"
- "to get an approval by the Board"
- "for a Committee recommendation."
(What does that even mean? To get the board to approve the formation of a committee to discuss this? WHAT IS this gibberish?)
- "I cannot recommend a committee be formed."
So, Newell wants a Committee to review this and make a recommendation to the Board, while not "recommending" that a Committee be formed in the first place? What kind of bullsh!t circuitous logic is that? (Answer: very.)
Read more and see other speeders at Edgewater Isle.
Master Association Suspended for 3 Months: Did Association Not Pay Taxes?
Where Is the Money?
November 8, 2011
The association failed to meet Franchise Tax Board requirements, specifically, "e.g., failure to file a return, pay taxes, etc." as defined by the Secretary of State, and as a result, the Secretary of State suspended the Master association on August 1, 2011.
Association Held Meetings While Suspended and Condos Closed Escrow
While suspended, the association held August, September, and October board meetings, took title to a foreclosure, and 2 condos closed escrow. Wow.
Why did the Edgewater Isle Master Association fail to pay taxes or file a return? Is money missing from the association's accounts? Why has the association failed to disclose the suspension to the homeowners? Something smells. Every homeowner should demand to review the books and accounts of the association to satisfy themselves that there has not been any suspicious activity with the homeowners' money. What is going on?
Master Association Is Now Suspended
October 12, 2011
The Edgewater Isle Master Association is now a suspended California corporation, joining the North and South associations which were previously suspended as well. (Apparently this "retaining the corporate status" thing is tricky business.) Edgewater Isle Master Association has failed to return its bi-annual paperwork to the Secretary of State in time to be processed and to have its corporate status remain active.
What Does This Mean?
It means that the association is not legally authorized to conduct business as a corporation. But does that mean that the association has ceased operations? No, it does not. The Edgewater Isle Master Association has continued to operate, publishing meeting agendas while they were a suspended corporation.
In the eyes of the State of California, all actions taken since the Association was suspended are not legally binding. All contracts, decisions, FORECLOSURES, SMALL CLAIMS CASES, collection activities, etc., are not legally binding.
Selling During Suspension?
October 12, 2011
Records show that 3 condos have recently sold, and may have done so with the Master Association being a suspended corporation.
1580 Vista Del Sol, 1461 Via Vista, and 2359 Vista Del Mar have all closed with in the last 2.5 months, and some or all of these condos may have had demands made upon them in escrow from the Edgewater Isle Master Association during its suspension. Since the association does not have legal authority to pursue collection activities during suspension, is it also then prohibited from making a demand in escrow?
October 12, 2011
The North Association's foreclosure of 1605 Via Laguna has been postponed by 1 week, to October 19, because of "trustee's discretion." How nice. But what about the association's discretion? Or does the Association even know that their collection agency is taking this action?
Now, North Association Moves to Foreclose
October 3, 2011
On the heels of the Master Association foreclosing on a North condo, the North Association is now moving to foreclose on a condo as well.
Public postings show that Edgewater Isle North, through their foreclosure agent, is moving to foreclose on 1605 Via Laguna on October 12.
Master Association Doesn't Show Up to Its Own Small Claims Case
September 23, 2011
The Master Association has sued a homeowner in small claims court for unpaid dues, and then failed to show up at their own hearing.
Yesterday was to have been a small claims hearing for delinquent dues that the Master Association filed in August. The homeowner appeared at the hearing, but a representative for the homeowners association did not. The case was dismissed.
Read the whole story.