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
Megan's Law at Edgewater Isle
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 does show 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.
Large Number of Car Window Smashings
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.
MOXI POSNER: LOST IN COURT
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.
How Cute: Our First "Cease-and-Desist" Letter
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. We stand by everything written.
A response was sent to Mr Lubarsky, who has not replied 4 weeks later.
Car Window Smashed
August 29, 2012
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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 ยง1365(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?
What? Again?
July 25, 2012
UPDATED: September 20, 2012 (in bold)
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Moxi Posner 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?
It appears all you've really accomplished is crashing into stuff ...nothing.
See Jane Run. Jane Is Good.
June 30, 2012
Talk about phoning it in. Jane Fraser wants to be re-elected to the South board of directors, so Jane fills out form. Jane is brief. Look at this:
What about "good business background?" Is Jane saying that Jane has a "good business background?" These 3 words are not a complete sentence, and if Jane really did have a "good business background," she would know that a complete sentence includes a noun and a verb. Here, we have an adjective and two nouns: one noun is really functioning as an adjective ("business"). Nowhere is there a subject of this sentence, which would probably have been a pronoun, such as the word "I." Readers are left to infer who exactly has a "good business background," but since this is Jane's candidacy form, we'll assume she's trying to say that she has a "good business background." Perhaps she does, but this attempt at a sentence really leaves us wondering, "how good are her communications skills?"
And she goes on with more of the same.
What crap. This took less than 60 seconds to write. You couldn't pass the California High School Exit Exam (see for yourself) with this writing. Why should that be allowed on a board of directors of a homeowners association?
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?
Judgment for North Association
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.
Master Association Gets Sued
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?
Former CAI-Industry Author Gets It Wrong
March 22, 2012
This arrived in our inbox today, and it's an interesting but predictable read. It's from a LinkedIn chat in the HOA Group. The original homeowner asked the group what s/he could do as their HOA was not providing documents to the homeowner as the homeowner requested.
The replies included recalling the board and suing the association.
Former author, CAI-industry matron Jan Hickenbottom said, that while she's not a lawer and could not give advice, proceeded to do exactly that. The CAI-industry matron continued that:
"Before you file a lawsuit, you must attempt to resolve the issue by requesting your association participate in mediation or arbitration and a certificate must be filed along with your lawsuit showing that you attempted some form of alternative dispute resolution. Otherwise, you might win your case but the judge might not award attorney fees to you because you did not attempt to resolve it first."
Jan Hickenbottom Failed to Fully Disclose
One must ask why the CAI-industry matron did not tell the homeowner that the homeowner that they do not need to do that for small claims court. That the homeowner can sue in small claims court and ask for the civil penalty without mediation or arbitration. There are numerous examples on various web sites of homeowners doing exactly that, including on this web site. Why did she not say that, why? WHY?
And speaking of this web site, it was mentioned in the email chat, to which CAI-industry matron Hickenbottom said it is
"Some websites like the one cited above are just filled with anti-association, anti-board hate....A better source of information is the Davis-Stirling .com website and Community Associations Institute - Greater Los Angeles Chapter website at www.cai-glac. org. If you take over the board, you will need some education and guidance or you will be just as clueless as the ones running it now. It takes more than common sense. You can find the resources: association management company, attorney, accountant, insurance agent, vendors and contractors and rely on their advice."
Former author and CAI-industry matron Hickenbottom would be better served by knowing the definition of the word "hate" before making such pronouncements. Items she does not agree with are not the same as "hate," the frequently over-invoked word of the ignorant. Further, the two web sites she provides are both HOA-industry related web sites. A homeowner will never find complete answers by looking on those web sites because they promote the industry's interest over the homeowner's interest. There are times that a homeowner's interest and the association's interest are not the same. Looking for answers from those in the association industry will never yield complete answers.
And for CAI-industry matron Hickenbottom to promote her own associations is the zenith of hypocrisy. Self-interested much? She is completely immersed in the HOA industry. Her opinion seeks to protect her job and income stream. Let's not forget that.
And thanks to Ms Hickenbottom for remining us about the web site that is davis-sterling . com. Let's get to that in a later posting.
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.
Here is Beth Grimm's web site and here is the complete newsletter from the above quote.
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:
Homeowners association should consider renter's safety issue
Although the condo board is not obligated to act on requests by renters, serious safety issues should be addressed regardless of the source.
November 27, 2011 | By Stephen Glassman and Donie VanitzianQuestion: We have been renting a condo and are in the process of buying it from the owner. My husband went to a board meeting to complain about the speeders on the association's road in front of our condo. We made the board aware that vehicles speed down the street in early-morning hours going two or three times the posted 15-mph speed limit.b
We asked the directors if they could install speed bumps where this is occurring. The board said no. The meeting minutes reported: Renter "expressed his concern about cars speeding in the streets by his home. He has requested that a speed bump be installed. Board told hi m that until he becomes a homeowner, the board will not act on his request."
This is a safety issue, not an owner issue. How can we get the board to take action?
Answer: Although the board is not obligated to act on requests by renters, serious safety issues should be addressed regardless of the source. The board's published reaction in the minutes makes it clear that the association is on notice of the potential for harm caused by speeders in your complex. The minutes also say the board will act on your request when you become an owner. But that will not prevent liability should something happen before that time.
A board's duty to investigate safety issues relating to the association common property arises when the board receives notice that such issues exist. Speeders affect renters and owners alike, and injuries caused could result in association liability for failure to address speeding on association property. No matter whether the board chooses speed bumps or some other method of slowing the speeders down and enforcing the speed limits, it must take steps toward addressing the problem. A thorough investigation of available solutions should be undertaken, and if speed bumps turn out to be the best solution, the board should act to install them.
Any liability for injuries to you or your guests from speeders in the common streets or driveways would attach to those causing the injury. Even without injury, the association might also be liable if it knew of the potential danger but took no steps to correct it.
Send questions to P.O. Box 10490, Marina del Rey, CA 90295 or e-mail noexit @ mindspring. com.
"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?
How Stupid is the Master Association?
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.
Hey Everybody: Moxi Posner Did This
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.
"Backorder"
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 the hell 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?)
BUT
- "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.
Despite retaining so-called professional management companies, every single association at Edgewater Isle has been suspended at some point. The North has, the South has, and now the Master is.
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?
Foreclosure Postponed
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
In yet another display of stupidity, the Master Association has sued a homeowner in small claims court for unpaid dues, and 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, yet in another display of idiocy, no one appeared for the Master Association and the case was dismissed.
Read the whole story.
