Edgewater Isle: Page 2

Edgewater Isle Chops Down Trees

"Dramatic Park-Like Setting" Gone

Anyone else notice what is disappearing around Edgewater Isle? Trees. Edgewater Isle North has removed countless established trees without replacing them, putting homeowners at risk of loss of privacy and loss of shade. These trees have been at the complex since it was built over 25 years ago, and some homeowners may have bought their place with these trees in mind.

See it here.

Ex-Board Member Writes Scathing Report

A former Edgewater Isle board member has written a scathing report on their time on the Edgewater Isle board of directors.

This former board member states that:

Of course, this is all fascinating. Read the complete posting in the Discussion Forum.

A Homeowner's Petition to Congress

A Texas woman, fed up with her homeowners association, has started a online petition to ask Congress to regulate homeowners association by declaring them a part of government and holding HOAs to the same standards as government, or end them as racketeers.

These privatized corporate goverments are judge, jury, and executioner against homeowners' basic rights. They require no oversight as they target, bully, and foreclose for profit, and just because they can. This multi-billion dollar a year industry uses oblivious HOA boards to extort billions from homeowners while proporting to "protect property values." Nothing could be further from the truth.

Read and sign the petition.

HOMEOWNERS: YOU OWN THIS

Edgewater Isle homeowners now own this unit because the Master Association foreclosed on it

You now own a 1/416 interest in this ideally located 1 BD, 1 BA condo, boasting all sorts of foreclosure notices and two lock boxes, courtesy of the Master Association's foreclosure of the condo at 2021 Vista Del Mar. But don't get ready to redecorate just yet: the lender is sure to foreclose on it at some point and take title back from the Edgewater Isle Master Association. (By the way, the Senior Center Apartments owner owns about 22% of this unit, while you own <1%. )

What is this, you ask?

After what appears to be years of non-payment of HOA dues, the Edgewater Isle Master Association went through what appears to be most of the proper procedures and foreclosed on it. Many notices were recorded at the County Recorder's office, but the homeowners did not redeem the property within the 90 days allowed by law. After the 90-day period, the title reverted to the Master Association.

See more.

An article by Bloomberg discusses how some HOAs across the country are suing banks to force BANKS to foreclose on delinquent owners. Because banks frequently stall foreclosure proceedings (as has been the case at Edgewater Isle), it prolongs the time that HOAs go without receiving dues from that unit.

Banks often hold off on a foreclosure as long as they can to avoid paying dues, property taxes and occupancy costs, said John Rickel, chief executive officer of Association Dues Assurance Corp., a St. Clair Shores, Michigan, company that collects fees for community associations in 20 states HOA-industry collection agency.

UPDATE: Sales Prices Continue Downward Trend

 
 

In an article published here last year, a particular unit at Edgewater Isle that was on the market, withdrawn, and then placed back on the market was discussed.

The 2 BD 2 BA unit, 1461 Via Vista, which was listed at $495,000, or $463/square foot, and the edgewaterisle.com article stated that according to Redfin's square footage chart for zip code 94404, our opinion was that this property should have been listed at $428,000, which is $400/square foot.

This unit finally sold this month, for $400,000, which is $374/square foot, or about 20% less than the property was originally listed for, which we believed was overpriced.

The comparable sales simply did not justify the higher initial asking price: one wonders what would have/could have happened if the unit had been priced more reasonably to begin with. Additionally, this unit was a short sale (which means it sold for less than the amount owed on it, and that requires the lender's approval, which drags out the process to well beyond a normal closing timeframe. ) The short sale and the facts of this sale bear out that opinion.

Further, in all sales at Edgewater Isle over the past 4 years, very rarely has a unit sold for over asking price. Almost all have sold under, or even well under, the asking price. One unit sold for 2% over asking price, and that has been the exception to the rule.

It's good news for buyers looking for a new place, not so much for sellers. As rents in some places are escalating, and condo prices are declining, it could be the perfect time to buy. These sales prices in Edgewater Isle are only indicative of the local market as a whole and are not unique to Edgewater Isle homes.

Snakes On a Bike Path

A reader writes about snakes seen along the bike path. The reader wrote into the management company. We confirm this sighting with our own sightings of these snakes along the bike path in broad daylight, near the lagoon. (Not to mention raccoons in broad daylight as well, which is a worrisome topic, but that's another story.)

We suspect these are garter snakes, which in our scouting days from yore, we learned are harmless, but not being herpetologists, anyone who encounters a snake along the bike path should keep away.

Have you also seen snakes along the bike path? Has the management company responded to you about it? Let us know.

Is Security "Lazy?"

A reader asks why the security firm is "lazy" and they are only on site after 6:00 p.m. Read the post in the Discussion Forum.

What Happens If a Board Member Doesn't Like This Web Site?

What Happens If a Board Member Begins to Harass?

Well, most of them try the tried-and-true way of calling lawyers. But what if that doesn't result in any satisfactory results? What if a single board member steps beyond the normal limits of society and begins to anonymously harass?

That happened at Edgewater Isle. One board member at Edgewater Isle attempted to right his perceived wrongs by beginning a campaign of electronic harassment that included topics of disabilities, pain, rape, and violence. He didn't choose to send spam of cute puppies, but instead chose alarming e-mails that resulted in a judge ultimately finding that the emails this board member were designed to harass.

Read the whole story.

Are Homeowners Associations On Their Way Out?

"Studies show that about 20% of U.S. homeowners are members of a homeowners association, but more and more of them may find the doors locked when they go to their next meeting. Evan McKenzie, a political science professor at the University of Illinois at Chicago, argues in a new book that homeowners associations inherently infringe on people's rights, and that their (the HOA model's) time is limited.

Nevada, Florida and Virginia recently enacted laws setting up consumer intermediary offices to act on behalf of homeowners who are being pushed around by community associations. The power structure, McKenzie adds, is rigged heavily in the associations' favor at the expense of individual homeowners, particularly as such community groups tend to push big piles of money toward local governments and big developers in a sort of symbiotic power-sharing relationship. "

Read complete article.

Why is Master Association™ Wasting Money on This?

This story should have appeared here last year, but things slip.

But really, is anybody watching how the boards of directors spend money? The Master Association had an attorney spent money to have an attorney obtain a "trademark" on the 25-year-old "Edgewater Isle" image that appears in the entrances of the complex.

Now, mind you, this same board of directors has failed to use that trademark on any of its correspondence FOR YEARS. Why did they apply for the trademark?

Find out why™.

North Association Lies to Homeowner

Well, here we go again. An association "letter from the board" turns out to be nothing other than a few board members gossiping and directing the property manager to do what those board members ask.

After a homeowner received a letter from the North Association's property manager, the homeowner replied with a section of the California Civil Code that of which, somehow, the property manager and the board were ignorant. The board felt quite confident in its position to intimidate the homeowner with threats of being called to a "Hearing" and what all, until they read a 7-year old law that they should have known in the first place. Words like "...writing to you on behalf of the Association" becomes "a few board members requested" and "a recent site walk" becomes "a few board members noticed" when the homeowner challenges the letter.

And it's not the first time Edgewater Isle North has pulled such a stunt.

Read the whole story.

Master Association Foreclosed on a Unit

BIG NEWSFirst-Ever HOA Foreclosure at Edgewater Isle

In an unprecedented action, Edgewater Isle has completed a foreclosure on a unit.

On April 26, 2011, the Master Association foreclosed on 2021 Vista Del Mar, a one-bedroom unit purchased by the homeowners in 2005 for $450,000. Public records show that the purchase was 100% financed (i.e., the homeowners did not have a down payment) and that both North and Master associations pursued the homeowners who had not paid dues in several years.

Read the whole story.

Homeowners Charged for Meeting Minutes

A reader wrote in to ask why management companies charge for meeting minutes. Well, this is an interesting question. The management company does not make the rules of the association, but rather acts on the authority of the board of directors. The boards of directors are permitting the management companies to charge these fees.

A section of California law, Code §1366.1. Excessive Fees says

"An association shall not impose or collect an assessment or fee that exceeds the amount necessary to defray the costs for which it is levied."

Does a charge of $4.00 per meeting minutes per association, including those minutes that are sent via e-mail, seem like an excessive fee? We think so. A homeowner at Edgewater Isle would have to pay about $100 to get the North or South and Master meeting minutes for a year. Perhaps the boards don't want homeowners to know what goes on at meetings, if there are meetings, and have done what they can do discourage a homeowner from keeping current on the goings on of their association. That, mind you, is the same board that says homeowners never get involved. Could Edgewater Isle be hiding anything by charging outrageous amounts for the meeting minutes? Regardless, here is one man's opinion of budgets and meeting minutes:

Edgewater Isle North Association Demands Removal of Sign

Association is Flirting with Infringement of a Homeowner's Free Speech Rights

Well, lookie here. The homeowner who has had it with the Edgewater Isle North's stall tactics and placed a sign in the window expressing that frustration has received a letter from the association demanding that the homeowner remove the sign.

Edgewater Isle North Association demands that a homeowner remove a sign from the window

Now, this is interesting for a few reasons.

The "Board" noticed this on a "site walk." Since the sign went up on Friday, May 13, the site walk must have occurred between then and Monday, May 16. How then did the management company fire off a letter that quickly?

Was there "action without a meeting?" If so, was this an emergency? It does not appear so. And did all of the board members consent in writing to an action without a meeting? Ha! Would a board retroactively create such documents afterward? You be the judge.

We invite the Edgewater Isle board of directors, and their management company, to reacquaint themselves with the California Constitution, Article 1, Section 2.

Homeowner Has Had It with HOA

A North Association homeowner has HAD IT with the HOA. The Edgewater Isle North Association permitted a rat infestation to occur in Building 4, separate from another rat infestation that occurred a few years ago. This time, the North Association issued a check to reimburse the homeowner for related costs, only to place a stop payment on it for reasons never explained, and then not issuing a replacement check.

So, the homeowner has taken measures surely to get attention and resolve this matter once and for all and placed a sign in their unit's window letting everyone know about this web site.

Edgewater Isle homeowner places sign in window to protest board's lack of response

 

South Association's Management Company Not Returning Calls

A frustrated homeowner writes us asking for help as no one from Manor Association has returned their calls.

Why has no one from Manor returned this homeowner's calls?

Subject: Form Submission
From: redacted@yahoo.com
Date: Wed, April 20, 2011 2:00 pm

Comments: Hello:

REDACTED REDACTED on behalf (POA) NAME REDACTED ADDRESS REDACTED Vista del Mar.
I have been attempting to deal with Janis Lee at The Manor and we had a what I felt was productive communication via both voice and email regarding an REDACTED SUBJECT HERE.

In January, Janis told me she would discuss the situation and redacted issue here with the board. In late Jan she sent me an email saying she was out of town but would contact me with an update.

Since then, I have had no response to either my voice or email messages trying to re-establish contact with Janis. Other than an operator who assures me Janis will get back to me, no one else seems to answer their phones.

I am hoping that you can either forward this to the HOA board or an individual member(s) because the Manor will not give out any information.

While I was composing this, Janis' three-days-on-the-job assistant returned my call (surprise!) and said Janis has been out ill but I refuse to believe that she's been ill three months!

Any help is appreciated. Nick was at least easy to find.

homeowner
email: redacted@yahoo.com


Other Management Company Thinks They Want to Work Here

Subject: Form Submission
From: rob@redacted.com
Date: Mon, March 28, 2011 10:00 am

Comments: If any of you are still unhappy with your management solution, we would be interested in meeting with you to discuss your needs and our services.
email: rob@redacted.com
phone: 925-REDACTED

This email, received from our "contact us" page, is from a local property management company who is interested in working for Edgewater Isle. This is interesting, because before they were the property management company for the South Association, The Manor Association in Redwood City was reviewing this site. Maybe in time, this company will be next.

Don't Try This At Home

Really. Don't try this at home. Use the public library. (Yes, we know.)

As in any public forum, there are always some who try to spoof their identity, sneak one by, because they think they can. Edgewaterisle.com is no exception. A few posts in the forum are outright scams, and we know it. ("I'm a former board member...." is a favorite.) Going to the San Mateo Public Library to avoid being hit with another civil harassment restraining order. (Yes, we'll have to get to that at some point.) We post them anyway. But try to keep it somewhat real. Some of the posts are just too obvious.

Let's Call the Police!!!Let's Call The Police

Association Representatives Threaten, Blow Hot Air

A recurring pattern at Edgewater Isle is an intimidation tactic that management representatives use (two of those representatives are lawyers). These management representatives have displayed a habit of threatening to call the police on homeowners when disputes arise.

These threats made to homeowners were all designed to intimidate, and "the police" were never called in any of these instances. But it is interesting to note how Edgewater Isle representatives have been so quick to threaten law enforcement action over homeowners association disputes.

Homeowners should recognize this technique should they see it in any correspondence addressed to them. Most homeowners association disputes are civil matters, and police departments will very rarely become involved in such disputes.

So let's call Edgewater Isle out on its childish intimidation tactics against homeowners.

Edgewater Isle Stops Payment on Check to Homeowner

In an unbelievable display of disorganization, the Edgewater Isle North Homeowners Association issued a check to a homeowner to cover expenses the homeowner incurred fighting a rat infestation problem. The homeowner received the check, deposited it 3 days later, only to get it back from the bank with a big fat "STOP PAYMENT" notation on the returned item.

And to make matters more fun, the check was dated in October, but the homeowner received it in January. Just exactly where was this check sitting for 3 months? Is there anyone in charge of things there?

Check back soon. More is coming on this story.

Feds Investigate Las Vegas HOAs

U.S. Justice Department prosecutors are conducting an investigation into allegations of fraud within Las Vegas-area homeowners associations.

In what reads like a cross between any homeowners association and the mob, the Feds are saying that construction defects lawsuits (like those previously filed in the North and the South associations) have been designed to build business for local construction companies and lawyers.

This situation illustrates the importance of California homeowners associations having an oversight function. As of now, homeowners are left on their own to right the wrongs committed by recalcitrant boards of directors whose only interests are themselves, contrary to what they may say.

Is San Mateo's 9.5% Sales Tax Backfiring?

When San Mateo voters passed the ballot measure to increase the City sales tax to 9.5% in November 2009, they probably never would have imagined the potential consequences passing the highest sales tax in the county.

Rumor has it that Restoration Hardware at Hillsdale will be closing in the coming weeks, and this on the heels of Crate and Barrel's closing last week. Two major retailers, next-door neighbors, closing has to hurt the City's tax base and of course, the workers at those stores. Perhaps the jump in sales tax is bringing more loss than than gain for the City.

South Association Sends Propaganda to Homeowners

Edgewater Isle Board Knows More Than Judges, Just Ask Them

Yesterday Edgewater Isle South homeowners received a letter from the board of directors discussing their recent small claims loses. The letter is quite simply, well.... horseshit. Full of so many omissions, lies, and self-pity, it is astonishing that any board of directors would put this in writing.

UPDATE

Word is spreading quickly on reaction to the South Association's board of directors' letter.

Homeowners (and a non-homeowner) are chiming in about the Board's actions, and so far, it's universal disapproval.

Excerpts:

"Shame on you South Board and shame on all the Boards and Management companies."

"For a board to not accept responsibility for anything is disgraceful. All of them should resign."

"They really don’t care about our neighborhood, and they just enjoy the “power” of being a member of the board, they have the guts to write a memo stating the Small Claims Court got it all wrong."

South Association Pays Winners of Small Claims Cases

Yesterday, the winners of the small claims cases against the South Association received payment of the judgments from the South Association.

The lingering questions are:

  1. Where in the budget is the Association taking this money to pay the judgments? Or the board members going to reimburse the Association for these wasted funds?
  2. Has the association learned to behave like good citizens and work responsibly with homeowners?

 

Former Board Member Pleads Guilty to Felony

Former board member Kelly McGuirk, who was recently active in choosing pool furniture, today pleaded guilty ("nolo contendere") to her latest theft charge of stealing cigarettes from Costco. This plea results in a felony conviction. Sentencing is scheduled for January 14.

North Unit Listed 20% Below Its Purchase Price

MLS records show a unit (1924 Vista Cay) in the North Association has been listed for sale at a whopping 20% below its purchase price 4 years ago. This represents a loss of equity of $110,000, not to mention the money spent on dues for the associations. A stark reminder of the dire times the real estate market still faces.

South Announces Earthquake Insurance Vote Results

The South Association announced that 40% of South homeowners failed to vote in the earthquake insurance vote, and that the measure did not pass.

Which leads one to wonder what will happen to those 40% when they wake up and realize that they have been financially sucked dry by their Association's board of directors while they were too busy watching American Idol to care about their financial security.

Homeowners Weigh In

Two homeowners have voiced their opinions in the Forum on the South Association's double loss in Small Claims Court. It ain't pretty.

StoogesSouth Association LOSES 2 Small Claims Cases in 1 Day

The Edgewater Isle South Condominium Owners Association was the defendant in two small claims hearings on November 1, 2010, after two homeowners had enough of the South Association's board of directors' (see photo, right) games (see case 1, see case 2). Despite using Berding & Weil attorney Sandra Bonato's brief in court, the Association LOST both cases ON THE SAME DAY. The Association has been ordered to pay $1,500 to each homeowner, plus their costs (filing fees, etc.) It's another loss for HOA industry lobbyist/attorney Sandra Bonato.

The Association, who whined in its briefs about everything, was thoroughly rebuked by the small claims court commissioner, Susan Greenberg, who seemed to reject every one of the Association's points in its very expensive "brief."

Perhaps it is time for this Association to get over the whining, playing the victim, and being obstinate, and start to work with the homeowners instead of fighting them every step. The Edgewater Isle South Condominium Owners Association board of directors (Barbara Finnegan, Jim Newell, Sylvia Morrison, Jane Fraser, and Lynn Hanlon) made NO EFFORT to work with the homeowners to address the homeowners' concerns. The board "lawyered up" early and often, and in the end, lost. This board of directors treated the homeowners they purport to want to work for with complete disdain, and ultimately it didn't work. This board of directors has obviously lost sight that it is a neighborhood community they work for and should get off the high horse known as themselves.

Let us know what you think.

Breach of Fiduciary Duty?

Since the board of directors (Barbara Finnegan, Jim Newell, Sylvia Morrison, Jane Fraser, and Lynn Hanlon) has wasted $3,280 of homeowners' money on this judgment and another $8,000 - $10,000 on Berding & Weil lawyers, shouldn't Berding & Weil now be advising the board members they should reimburse the Association for these WASTED FUNDS? Here is what the board of directors spent from May through September fighting a petition of voters. This invoice does not include the very fancy "briefs" that the association presented to the court.

Outrageous spending of homeowner funds.

It's Getting Worse

We have a reader who has doubled down on the "Nazi" comment, and upped the ante by calling the boards of directors a "bunch of dictators."

Read about it and add your own comment in the Forum section.

Nazi Neighbor?

A homeowner has chimed in on the forum to say that there is a "nazi neighbor" who is reporting things to the management company to start up trouble for other owners. Hum.....sounds bad. Anyone with more information is encouraged to post their experiences on the forum as well.

South Has a Meeting Tonight

The South association has a scheduled meeting tonight, and the two items under "New Business" include:

  1. 10.1 Change in Management
  2. 10.2 Legal Issues (Executive Session) (in other words, they wanna talk about the small claims cases to be heard next week)

So, we should know shortly who the new management company will be for South.

Who Is the South's New Management Company?

Well, we don't know, but something tells us The Manor Association in Redwood City is interested in knowing what's going on.

PML Gives South the Boot

Edgewaterisle.com has received a tip that PML Management has given the South Association the boot. The unnamed source tells us that PML terminated their contract as the property manager of the Edgewater Isle South Condominium Owners Association, and gave 30 days notice. Rumor is that the South Association met in "Executive Session" on October 14 to review other property management companies' proposals to manage the Edgewater Isle South.

The question is, can this board be managed? With two small claims cases pending, does this board listen to anyone but themselves?

And how many management companies has the South run through? Pargett, Mulqueeney, Franciscan, PML.....Who have we left out?

Who is next to join this dubious list? Time will tell.

Wait, The South is Doing A What Now?

The illustrious Edgewater Isle South Condominium Owners Association board of directors has taped a notice, outside of the bulletin board, that they will be holding an executive session meeting on Thursday, October 14, to discuss "personnel" matters. Now, let's throw some speculation on the wall, shall we?

What could be covered under "personnel matters?"

Two things come to mind. Our first guess is the maintenance staff, and we all know that's a safe one to rule out.

The second guess is the management company. Please notice how this bulletin was TAPED outside of the bulletin board, not inside the glass cover. One could surmise that it's because the board member did not have the key to open the bulletin board, and did not want the management company to know about it, much less put it there. Also please notice how it is being held at the Hilton Garden Inn, not the management company's office. Why would the board NOT hold an executive session meeting at the management company? This same board did just that back in August to discuss the small claims case lawsuit they are facing. Why would they hold this one in public when they could have a conference room at the property management company? (I'll take "Things That Make Me Go "Hmmmm......" for $200, Alex.)

Could this board of directors be looking for a new management company since they lost their legal business name and are quite obviously bitter about it (their documents all play the victim "poor us, woe is us")? Could it be because they currently face two small claims suits? (Maybe it's their own fault for being so difficult with homeowners.) Or, could it be the rumor we've heard about the Association delaying the production of an Association document for 4 MONTHS, delaying the sale of a South condo for the same amount of time?

Or could it all be a cover to talk about those small claims cases? Who knows.

It could be any of these reasons, or others of which we are unaware. But this is enough to get started.

Anyone with any ideas is welcome to post them in the forum section.

Oh, and last but not least, how and when exactly was it determined to hold this meeting? In e-mail or phone calls held between board members? Will those e-mails and phone records be entered into the meeting minutes as part of action outside of a meeting? (Hint: No. The rules be damned.)

A One-Bedroom Condo Sells at a New Low

San Mateo County records show that a 1 BD, 1 BA condo in the North association recorded selling for $315,000 on October 5. The sales price of $315,000 is below the two recent foreclosure sales of 1 BD condos and is below the 1 BD condo that was rebuilt earlier this decade. Just over a year ago, a 1 BD sold for $410,000.

B L I N K !!!

The South Association BLINKS in the face of two small claims cases for not holding a vote on earthquake insurance.

The South board of directors, who at one time claimed "limited resources" for not holding a vote, has been using Berding & Weil attorney Sandra Bonato to deal with the petition submitted by the homeowners whether to continue the insurance. And after 7 months of stalling, delaying, and denying, the board now believes they should hold a vote? After two small claims cases were filed? Oh, how convenient.

Did the board of directors orchestrate this upcoming election to please the judge or to please the homeowners?

Why doesn't this board just get out of the kitchen. They obviously can't stand the heat.

Who Sent the Nastiest E-Mail We've Seen?

The thing about cleaning out a closet is one always finds some old stuff. And that's what's happened here. But this time, the old stuff containes what has to be the nastiest e-mail we've ever seen from a board member at Edgewater Isle. This is why it's better to avoid putting such stuff in writing, because one never knows when someone will find it in the back of a closet, forgotten about for years, and destined to make the internet.

What's On Your Mind?

A new feature of edgewaterisle.com is a discussion forum for readers to post concerns, praise, or criticism. One smart reader already found the forum before it was ready to go live, and commented on the web site. Add your comments.

Which Board Member is Harassing?

Which current Edgewater Isle board member has been harassing the publishers of this web site?

A current board member has been harassing one of the writers of this web site by sending 381 unrequested e-mail newsletters, including:

  •  Violence Against Women (twice) •  Crime Victims with Disabilities
  •  Military Sexual Trauma •  Injury and Violence Prevention
  •  Suicide Prevention •  Depression, Bipolar Disorder, and Schizophrenia

Anyone else see a pattern?

Let's provide some help for those who aren't familiar with this. Any time you visit a web site, your ISP (internet service provider) keeps a log of the web pages you visit. You also provide your IP (internet protocol) address with every activity you conduct online. When you sign up for a newsletter, many servers (the backend computer that processes your request) capture your IP address and include it in the confirmation e-mail for that newsletter you just requested. And when you spam someone else's e-mail address, you've just provided your IP address to the recipient of your harassing spam.

Example:

After receiving 381 newsletters, and with all of those that do show an IP address showing the same requestor's IP address, you can tell who is harassing you. It is a crime under California civil and criminal laws to engage in harassment. Anyone who finds themselves the victim of such harassment should save all of the e-mail, file a police report, and tell their harasser to

STOP IT. We know who you are.

And seriously, shouldn't you grow up? What did all of this get you? You are a sitting board member who has been discovered using grade school tactics to avenge your grudge, and you've been found out. And we know that it's you. And we know that you know that we know. We're all going to assume that you are going to stop now, because you know where this is going if you don't.

SOUTH ASSOCIATION SUED AGAIN!

After barely settling in from their Super Stealth Executive Session meeting, complete with a request for postponement of the hearing of one small claims case, the Edgewater Isle South association has been hit with another small claims case from an owner. And in a either a very convenient or very inconvenient stroke of irony, the case is scheduled for a hearing on the same day as the first case that was granted a continuance.

San Mateo County Court records show a second case was filed against the Edgewater Isle South Condominium Owners Association board of directors on September 7, 2010 for failures to bring a vote, failure to respond, failure to provide earthquake insurance policy upon request. The claim also asks the court to "hold the vote as well as assign a 3rd party to have this vote due to the lack of credibility from the board."

Oh SMACK!

The claim requests $2,518 in damages.

Berding | Weil attorneys are going to be so happy!!! ♥ ♫ ♫ ♫ ♫ ♥ They'll make their billable hours this month because the Edgewater Isle South Condominium board of directors just can't comply with the Davis-Stirling Act. Is this what they went to law school for? They probably had impressive dreams of changing the world at one point, but now, hey, they gotta pay off those law school loans. And what an easy way to do so with the patsy Edgewater Isle South Condominium Owners Association board of directors.

Court records show that certified mail summons was signed for by "ILLEGIBLE" at PML Property Management.

small claims court filing

Edgewater Isle South "Block the Vote"South's "Block the Vote" Postponed 6 Weeks

The Edgewater Isle South Condominium Owners Association's "Block the Vote" small claims court case hearing has been delayed from September 20 until November 1 at 1:30.

The board of directors, and specifically Lynn Hanlon, had requested the hearing be delayed until after October 25, and the Small Claims Court has now rescheduled the hearing. It will be over 3 months from the time the case was filed until the case is heard.

The Chronicle Has an Article On HOAs

And it's not flattering.

The article is titled "What happens when your HOA becomes hostile?" which makes one wonder if they've been reading edgewaterisle.com. The article begins:

In condo complexes, the Home Owners Association, or HOA, can be a great relief: major expenses are shared; rules agreed on makes everyone's life easier.

On the other hand, a hostile HOA can be a bit like the mafia.

.....Frankly, HOAs aren't famous for encouraging individual taste, nor for the kind of flexibility people need right now. It's enough to make anyone think twice before getting anywhere near an HOA, not matter how swank the condo, no matter how desirable the neighborhood.

And the comments, written by the readers of the article, are insightful: the readers have obviously lived the HOA experience and have similar frustrations with their own associations. The comments echo what edgewaterisle.com has been publishing for 6 years now. Let's take a look at some of those comments and see how many of them apply to the various Edgewater Isle boards of directors and their attorneys, Berding | Weil.

Reader Comments from The Chronicle's Article
"What Happens When Your HOA Becomes Hostile?"
Applies to Edgewater Isle Does Not Apply

sf_native1967 9:21 AM on September 2, 2010

Absolutely right! There is alot of money to be made on struggling people and that's why attorneys love to get involved these situations, especially when they know that they can't lose. They're scums without moral compasses for doing this!

 

theslug 9:21 AM on September 2, 2010

Most HOA's tend to be those with severe Hilter Complexes. They're usually attorneys who couldn't make it on court, retired car dealers with too much time on their hands, and small, little men with a Napoleon complex.

 

toasty 9:25 AM on September 2, 2010

HOA's are a joke. Why buy a place and "own" a place that is run by other people? It's no different than renting - except that your mortgage is higher than the typical cost to rent, and you're still paying someone else.

Honestly, if you can't afford a house, wait a little bit and save uprather than getting suckered into the "cheaper" condos/townhouses that end up costing about the same after years of HOA fees.

 

memorydaze 9:25 AM on September 2, 2010

Oh Please! This is just more legalized crime!
Hello representatives?
Just say, "NO", "No Way", "Enough is Enough"
Republican, Democrat, Independent, whatever: it sure would be good to feel the action from the pre-election platforms that "I promise to make a difference!"

 

deprogrammed 9:26 AM on September 2, 2010

I refuse to live in a place with an HOA. It's bad enough you can never really own a house (miss paying your property taxes, and see how fast you can lose your "paid for" home). Why pay a bunch of outside busybodies to tell you what you can and can't do with the structure you're paying for?

 

sameold 9:42 AM on September 2, 2010

when i was looking to buy i looked at condos that were affordable even with the HOA's, they were centrally located, and in some nice newer buildings. in the end i bought a house and am happy i did. theres just way more flexibility to do what you have to when the need arises.

 

skyshadow 9:46 AM on September 2, 2010

The trouble with HOAs isn't that the concept iteself is bad, it's the sort of people who decide to get involved in governance.

This shouldn't be surprising -- you're asking people to do a job like this for free or for very little gain, so you naturally attract the people who see other attractions to the job. Specifically, they tend to be either nosy busybodies or the types that like lording power over other people.

 

gromit801 10:30 AM on September 2, 2010

Now, a CA Constitutional Amendment against HOA's would be well received. You have the right to own property, without an HOA telling you what you can do with it, as long as you're not breaking state laws. All prospective home owner should be able to buy any home they can, and opt out of HOA if one exists where their new home is. Not wanting to belong to an HOA should never bar someone from buying the home they want.

 

liberal2 10:56 AM on September 2, 2010

I will never, NEVER purchase a home where someone else has any but the minimum legal say over my property - my color choices, whether my garage door is open at odd hours, whether I can have a clothesline. Ridiculous. My home is MINE, save meeting city codes. And I get to vote in or out the people who create those.

 

Here It Is: The South's "Block the Vote" Lawsuit Strategy, Part 1

Edgewater Isle South "Block the Vote"After the Edgewater Isle South Condominium Owners Association's (say that fast) Big Important Executive Session meeting last Monday night, the Association has requested a postponement of the small claims case. Of course. They always do — it's right out of the HOA lawyer's playbook.

It's signed by Lynn Hanlon, Vice President of the HOA. And the forms were completed and mailed by none other than:

 Berding Weil envelope

Berding & Weil. Of course.

Suspension Over

Public records show that the 2+ month suspension by the California Secretary of State for Edgewater Isle South Condominium Owners Association is now over. But not before they had to change their name because of their lax efforts of keeping their own records in order and filing the correct form.

Edgewater Isle South Condominium Owners Association was suspended from June 17 - August 20, 2010, for failure, in their own words, to adequately complete a very simple form. Good for you. Now the lawsuit proceeds against the Association with the new name.

Foreclosure Auction Postponed

As frequently happens with foreclosure auctions, the auction scheduled for August 26 for 1937 Vista Cay has been postponed until September 10. Another unit, listed as sale pending for quite some time, 1514 Vista Del Sol, is also scheduled for foreclosure auction on September 7.

Overheard

The chatter along the path is that the Edgewater Isle South Condominium Owners Association board of directors is meeting in executive session to plot a strategy to move the current small claims case (over the board's denial of a vote on earthquake insurance) from small claims court to superior court. A board of directors, and for that matter, individuals, cannot be represented by a lawyer in small claims court and in superior court they can. So one may properly infer from this that the board wants a lawyer to represent them in this matter.

How on earth would this be overheard? A certain board member has a big mouth, that's how.

South Association Sends Out More Ballots

Tomorrow is the "deadline" for homeowners to return their ballots to change the name of the association to "Edgewater Isle South Condominium Owners Association." (Rolls off the tongue, doesn't it?) The association has been suspended by the State of California for the past two months and is forced to change their name because they seemingly forgot to return the requried forms to the State of California, not withstanding claims they made "minor clerical errors" on the form. (Yeah, right.)

Well, apparently not enough ballots have been returned to the management company because additional, or rather new, ballots are being sent out to some homeowners to drum up the vote. The association included a statement in their original materials that they could extend the voting deadline if they want.

You Got Served!!! (The South Association, That Is)

San Mateo County court records shows that subpoenas have been served to the Edgewater Isle South Owners Association, Edgewater Isle South Condo(minium) Owners Association, Barbara Finnegan, Sylvia Morrison, Jim Newell, Jane Fraser, and Lynn Hanlon in care of the property manager, PML (who should have been the agent of service of process had the original Edgewater Isle South Owners Association remembered they had to do some paperwork with the Secretary of State). The service was accepted by PML (property management company) CEO Joseph D'Agostino.

The board members are named individually because the association formerly known as Edgewater Isle South Owners Association is currently a suspended California corporation, and their proposed name has not been approved by the members nor submitted to the Secretary of State.

Because there is no corporate shield when a corporation is suspended, the board members could be found to be personally liable for any award rendered in the small claims case.

Another Foreclosure Scheduled

A foreclosure auction for 1937 Vista Cay has been scheduled by the lender for August 26 at 1:00 p.m. No opening bid is listed. This property has been listed in county tax records recently for unpaid property taxes.

(Also, the foreclosure auction scheduled for 1514 Vista Del Sol has been postponed until September 7 at 12:30 p.m.)

(UPDATE: This property was finally foreclosed on May 11, 2011.)


Homeowner Files Small Claims Case Against South Association

Edgewater Isle South "Block the Vote"Edgewater Isle South Owners Association, aka Edgewater Isle South Condominium Owners Association, has been served with subpoenas for a small claims case filed by a homeowner against the association for failing to follow California Civil Code §1363.03. The South Association (whatever their name is) failed to follow proper procedure and allow a valid petition of homeowners to be placed on the ballot and receive a vote of owners.

The petition of homeowners had to do with the ever-increasing cost and ever-decreasing benefit of the association's earthquake insurance policy. The association is hell-bent on using a non-licensed insurance company, complete with a policy that doesn't offer much coverage. The homeowners want to take a closer look at this increasing expense, and the board felt they knew better.

The board of directors was named personally in the case because the association is currently a suspended California corporation.

The case is currently scheduled for hearing on September 20, 2010.

Edgewater Isle South is a Suspended Corporation

Association Cannot Correctly Complete a Form

Association Had Opportunity To Settle Dispute Privately, Would Rather Change Its Name

Edgewater Isle South Owners Association has been suspended by the California Secretary of State's office, and the board of directors has sent out a ballot to homeowners to change the name of the association.

For nearly 3 years, Edgewater Isle South has failed to file an easy but required statement with the State (see image below). Homeowners received a letter from the association today asking them to vote on changing the name of the association. While much of what the letter said is accurate, there are parts that are just great comedy. And some whining thrown in for good measure. The Edgewater Isle South board of directors was given the opportunity to work this out privately, but instead chose to ask homeowners to vote to change their association's name and without making any effort to get back the name.

Consequences

How can the South association change its name without making changes to the Master governing documents? The Master governing documents refer to the "Edgewater Isle South Owners' Association," not the "Edgewater Isle South Condominium Owners Association."

Whose Fault?

Whose fault is it that the name expired? It is the board of directors' fault. No one else's.

While they are so busy ignoring lawful homeowner petitions regarding the earthquake insurance, they forgot to keep their own house clean. Since they're such fond and frequent readers of this web site, shouldn't they have known that Edgewater Isle North was also suspended at one time? There is a convenient link to the Secretary of State's web site there, so it would have been very easy for them to have checked their status and prevented anyone else registering the same name.

Edgewater Isle South failed to file a statement for nearly 3 years

 

See more here.

 

Did Edgewater Isle Master Association Violate a Federal Law?

Edgewater Isle Master Association posts its agenda in a common area space, a bulletin board located by the RV lot by the north entrance to the complex. Agendas for all association meetings are required to be posted in a common area space.

However, the Edgewater Isle Master Association violated the Federal Debt Collection Practices Act in this agenda posted for the July 1 meeting by listing an item as follows:

"10. Monthly Payment Plan for Unit XXXX XXXXXXXX."

Edgewater Isle Master violates Federal Fair Debt Collections Practices Act

What the Hell ?!?!

Who did this? You're not supposed to identify an address. Don't you even read your own lawyers' web site where they have an article on just this topic? You cannot identify a name or address in minutes (and one would assume, agendas as well). What do you think you're doing? THIS is not in executive session while everything else that shouldn't be in executive session IS? What ARE you thinking?

See full size image.

A Note To the Homeowner

Should you want the original picture with the address still in it for a small claims case against the board, please drop a note. We're friendly and on your side. This is outrageous.

Who Is Berding | Weil?

You mean besides a semi-regular visitor to edgewaterisle.com?

Yes, besides that.

Berding | Weil is a law firm in Alamo who, documents show, is actively engaged in meddling in the legitimate business of homeowners who have legitimate business with their homeowners associations. While Berding | Weil may also provide some benefit to homeowners associations, they are better known by homeowners as the source of uncooperation from the board of directors. Documents show their use of belittling, intimidating, and obfuscating tactics, at Edgewater Isle and other homeowners associations.

Let's see some examples here.

Board Sets New Record in Unbridled Gall

"An educated membership taking advantage of the internet and trade publications can and should hold boards to high standards of compliance with the law."

Edgewater Isle South "Block the Vote""Pursuing many types of violations of Davis-Stirling and other laws affecting homeowner associations does not require attorneys. Some are self-executing...while others can be pursued in Small Claims Court....Directors that fail to do so— aside from putting themselves and their associations at risk—are subject to the highest form of penalty: rejection by the membership and removal from power."

Excerpted from "What Happens When Boards Violate Davis-Stirling?"
by Steven S. Weil, Esq. and Andrea L. O'Toole, Esq
Used under the"Fair Use" doctrine of the U.S. Copyright Statute

Board Thinks They Know How You'll Vote

Wow. Well, the Edgewater Isle South Owners board of directors has set a new record in the Unbridled Gall category. This has to be a first anywhere that a homeowners association board of directors assumes they know stuff without any study or effort.

Seven homeowners submitted a petition to amend the association's bylaws to allow changes to the way the association buys earthquake insurance. The homeowners submitted more than the required 5% of required signatures for a vote. But the board of directors has substituted California Civil Code with their own judgment. Wow.

Who on earth does the South board think they are to act outside the authority of the Bylaws and substitute their own judgment for a valid petition of the members?

UPDATE: Berding | Weil law firm was behind it.

Another Foreclosure Auction Scheduled

In what must be Exhibit A in banks' stupidity, a unit listed for sale at Edgewater Isle, 1514 Vista Del Sol, has been on the market for over 4 months and is also facing foreclosure auction on July 23. This unit sold 5 years ago for $675,000 and is now listed as "sale pending" for $499,000 on MLS.

But in another example of banks' greed, the bank has moved to foreclose on the unit for a whopping $792,718. That is over $100,000 more than it sold for during the real estate boom, and more than any unit has ever sold for at Edgewater Isle.

We have seen this already at 1905 Vista Cay where the bank foreclosed at $396,000, and there were no takers. Should this go to auction at this price, surely there will be no takers again. Why don't the banks just take the offer on the table and move on? Why are the banks so greedy stupid out of touch?

UPDATE: The auction has been postponed until September 7 at 12:30 p.m

Common Interest Management Joins A Dubious List

Well, it's too bad this day has come. Two years after Common Interest showed an uncommon interest in being a/the management company for Edgewater Isle, the group hug has come to an end.

Common Interest now joins the list of Property Management Companies Who Disappoint. It's too bad the list is becoming longer and longer.....Edgewater Isle has been through almost every property management company on the Peninsula. Edgewater Isle North was so out of options that they had to turn to breaking the bylaws to get an out-of-county management company. But that's another story.

Common Interest has made commitments it has not lived up to. Common Interest is not returning phone calls, which appears to be a familiar tune to other homeowners who have expressed their displeasure on Yelp.com. Oh well......who's next?

UPDATE: The property manager has been removed and replaced with a new property manager. Kudos to Common Interest for listening to the complaints.

Edgewater Isle Has a New Drive-In

Oh my my my.....what happened here?

Apparently someone was in quite a hurry to get out of Dodge and smacked straight into a garage. Well, these things do happen (this is not the first drive-in show at Edgewater Isle), but what is taking it so long to be fixed? It's been at least a month now.

Not a good time for any would-be seller to want to list their unit for sale. What would would-be buyers think? That the place isn't maintained? Why doesn't the board just get it fixed and deal with insurance matters later? Well, they can't. The South C C & Rs state that any repairs are to be funded by insurance proceeds first.

Huh?

What?

Yes. Section 5.5, page 26.

So, homeowners have to live with this for weeks, or now, over a month, while the insurance company sorts it out. Why? Sounds like the C C & Rs were written in favor of insurance companies, not the homeowners. Oh wait, they were.

When this happened in the North, repairs were commenced within two weeks of the accident. The North Association also had GB Group, who was on-site doing reconstruction work anyway, review the work to ensure that earthquake bracing was replaced as it should be.

But regardless, why should homeowners have to look at this for a month? A month is plenty of time to get going on this repair.

Anyone out there?

 

Let's Look at the Master Candidates, Part Two

Now, Here's Something We Hope You Really Like:
Barbara Finnegan Not Even Trying Anymore: Same Typo Appears Again 6 Years Later

Yesterday we took a look at candidate Collis's statement of candidacy for the Master Association board of directors. Today we take a look at perennial board member Barbara Finnegan. Because Ms. Finnegan has been on the board of directors for years now, we have several candidacy letters to compare and contrast. But let's start with her latest one.

 

Let's take a look at the last paragraph:

Why should you vote for me? My experience as a board member, vested interest
and work background will assure the homeowner that I will also ways (editorial
comment: " also ways" ..? huh?
) have the best interest of the association and
know how to achieve that interest.

Where have we seen that before? Could it be her candidate statement from 2008 where Ms Finnegan displayed a haughty attitude toward North homeowners? Or was it her candidate statement (below) from 2004? (Make sure to read the last paragraph.)

NO WAY! Barbara Finnegan repeated a typo in her candidacy letter rerun from 6 years ago? Yep, not even trying anymore. Just updating the years in the Bay Area and years on the board. The real estate thing was removed though.

But there's something that is of more concern: puffery. Exaggerating one's experience to appear more experienced, more important, more anything is still misrepresentation. For example, here is Ms. Finnegan's statement in the "2010 Candidates for NPMA National Office" flyer as posted on their web site: http://www.npma.org/uploads/2010Candidates.pdf

Not that it really matters, but seriously? Working on revising bylaws and C C & Rs provided her with "a good background in parliamentary procedures?" How? There's no meeting there, it's just a bunch of discussion back and forth on some issues and giving it to the lawyer (as alway$).

"Running A Homeowner's Association"

And then there's our favorite part, at the end (in yellow) about how "running a homeowner's association" is good experience for her candidacy.

Really? REALLY? "Running a homeowner's association?" All by yourself? No management company, no board of directors, no lawyers? Just wondering what authority the bylaws provide that allow a single individual alone to "run the homeowner's association." Wow. This is surely news to everyone in the homeowners association that you "ran" it.

We call that "puffery."

But whatever.

Since there is no other South candidate running for the Master Board, Finnegan will be "reelected." One who just skates by with a MadLibs® candidacy statement (just fill in the blanks), complete with years-old typos. Fun for the whole family.

At this point, Ms Finnegan surely must be the longest-serving board member ever at Edgewater Isle. By her own words, she was on the South board beginning in 1999, making it a run of 11 years now. Perhaps it's a major oversight that the bylaws don't specify term limits on board members, but when the developers of Edgewater Isle wrote (copied?) the original bylaws, they probably never imagined that someone would ever want (need?) to be on a board for a decade-plus.

The candidacy of only one perennial incumbent candidate for the board also illustrates another problem of many homeowner associations: apathy. Too many homeowners don't become involved in the associations unless the homeowners themselves encounter a problem that affects them directly. The downside is those homeowners will then learn for themselves the problems of a potentially recalcitrant board, one which becomes more recalcitrant and entrenched the longer the same members serve on the board.

Time for homeowners to wake up, read the minutes, go to meetings, and keep an eye on the board.

Do you REALLY know what goes on within your homeowners' association? The board meetings are only half of it.

Where's the email? That's the other half, and you'll never see it.

But whatever.

puffery      /puff·er·y / [puhf-uh-ree]–noun
1.undue or exaggerated praise.
2.publicity, acclaim, etc., that is full of undue or exaggerated praise.

 

Let's Look At the Master Candidates

First of a Two-Part Series

Edgewater Isle Master Association failed to achieve a quorum at its annual meeting in April, and now candidate statements for the reconvened meeting in July are making their way to homeowners. And it's time to take a closer look at these candidates' statements.

First, let's take a look at the candidate statement from Greg Collis.

Greg Collis candidacy statement for Edgewater Isle Master board of directors

Maybe the answer should be that this incumbent member of the Edgewater Isle Master Association board of directors should not be reelected. Time will tell. Maybe this is why there should be background checks for board members. Do you really know who is involved the management of your largest asset?

Part two tomorrow.

It's Deja Vu All Over Again: Another Stalled Special Election By Edgewater Isle

In the latest attempt to thwart homeowner action, Edgewater Isle South Homeowners Association is sitting on a petition they received in March, signed by 9 homeowners (of which, only 5 are legally required to sign) to call a special meeting and election.

A homeowner at Edgewater Isle South did the math and found the earthquake insurance coverage for Edgewater Isle South is worth very little in the event of a big earthquake. The homeowner put together a nice summary to all South homeowners, including:

Why Is Edgewater Isle South Stalling?

Because they always do.

This site is littered with examples of Edgewater Isle homeowners association failing to follow their own bylaws and call a special meeting. The South association has FAILED to call a meeting to allow homeowners to discuss and vote on this matter. Why has Edgewater Isle failed? Because they're so good at it. The boards of directors, and it doesn't seem to matter who is on the board, have demonstrated time after time that they will defend bad decisions because they don't want to be "upstaged" by a homeowner.

So, Let's Review

Edgewater Isle South homeowners are paying up to $1,200 per year for $50,000 of after-deductible earthquake insurance coverage, on top of a pro-rata deductible of $60,000. A homeowner submitted a petition over 2 months ago to the association to explore other options, and the association has ignored it. Is this the type of HOA a buyer would be interested in?

Sales Prices Continue to Show Downward Trend

During the past few years of difficult economic times, sales prices worldwide have tumbled. Edgewater Isle has been no exception.

Redfin.com, a popular real estate web site, documents the decline of sales prices of condos and townhouses in zip code 94404 from September 2008 to May 2010. Redfin.com shows a trend of sales prices falling by over $100 per square foot. For a townhouse that is 1,000 square feet in size, that is a decline of over $100,000 in market value.

The trend can be demonstrated at Edgewater Isle by the number of properties put on the market and then withdrawn having not sold.

The most recent example is 1461 Via Vista, which was listed at $495,000, or $463/square foot. According to Redfin's square footage document, this property should have been listed at $428,000, which is $400/square foot. Not to mention that Redfin is showing condos in 94404 selling at about $390/square foot. In other words, Redfin is saying this condo should have sold at about $417,300.

It is always a depressing sight for any long-term owner to see their equity evaporate. However, overpricing in this market is not working as demonstrated by the unsold units being withdrawn from the market in Edgewater Isle South.

(UPDATE: 1461 Via Vista sold on August 9, 2011, for $400,000.)

Edgewater Isle Boards' Attempts to Quash Dissenting Opinion

Should you be a would-be buyer and looking at Edgewater Isle now, please know that the stack of disclosure documents you're reviewing does not accurately portray the real-life scenarios of the associations' governing documents.

Specifically, Edgewater Isle homeowners associations have displayed a pattern of denying a membership roster to homeowners, although providing such a roster is clearly allowed in the bylaws you are reading. Edgewater Isle HOAs have habitually denied these requests, feigning a sudden concern for homeowners' "privacy" and offering to dump your communication in the trash mail your materials to homeowners themselves.

Master Association Fails to Achieve Quorum

For the first time in, like, 20 years, the Edgewater Isle Master Association FAILED to achieve a quorum at the annual meeting. Do you think it could be because of the FAILURE to put up the sign notifying homeowners of the meeting? The sign used to be up for two weeks prior to the annual meeting.

Does anyone think the arrival of Common Interest had anything to do with the failure?

Where is the Annual Meeting Sign?

For years, owners have seen the Annual Meeting sign posted in 2 or 3 places around the complex. But where is it this year? Why isn't it up?

Could it be that the board doesn't want homeowners to attend? Because the insurance premiums are too high and they don't want to face questions about that? Could it be?

WOW! A 3 BD 2 BA Offered at $499,000

A three bedroom unit in the North, which is facing foreclosure proceedings and is offered as a short sale, is now listed for sale for $499,000. This same unit, 1514 Vista Del Sol, sold in 2005 for $675,000.

Two previous short sales of 3 BD units that were listed at $499,000 sold in the mid-$500s in 2008.

It's even got its own video, complete with music, on YouTube:

Background Checks for Board Members?

background checkAnyone interviewing for a job these days knows the litany of background checks, credit checks, drug tests, etc., that many employers mandate as a condition of employment. Some volunteer jobs also require background checks (such as, volunteering at a school).

An overlooked area for background checks is homeowners associations' boards of directors. Boards of directors have knowledge of members' financial situations, have access to the association's checking account, and authority to bring litigation in the association's name. These board members are running the management of the members' largest investments. But just who is watching the board of directors?

Criminal Pasts

Edgewater Isle has had two different board members with multiple criminal convictions each. One of them is not on the board of directors currently.

The HOA industry (CAI and the like) and their lobbyists love to argue that the board members are merely "volunteers." Yes, they are not paid, but they wield unchecked power, which puts them in a different category of "volunteer." A volunteer at the museum does not have the unchecked authority to fine a visitor or otherwise make their home life difficult.

Perhaps it's time for mandatory criminal disclosures to accompany the upcoming annual elections. (Let's hold our breath.)

Which Board Member's Garage Is This?

Q: Do board members ever break the rules?
A: Yes.

Code for Condominium Living
2004 Edition
page 9

Garage Usage

Garages are restricted common area for the exclusive use of the unit to which they are assigned (deeded). Garages shall be used for parking vehicles only. Storage of small items is allowable only if it does not prevent a vehicle from being stored.

Board member's garage overflowing with boxes

Two 1-Bedroom Units Sell 20% Below 1-Year Old Comps

A foreclosed unit, 1666 Via Laguna, sold from Wells Fargo Bank on February 18 for $330,000, 20% lower than the last 1 BD unit that sold 5 months ago, September 1, 2009 for $410,000. This unit was foreclosed on from the previous homeowner who had owned it for 18 years, having purchased it in 1991. A previous distress sale, 1601 Via Laguna, sold for $301,000 from the bank back in 2008.

The new buyers must be familiar with the antics of Edgewater Isle. Are they the ones who e-mailed us asking about the dues before the sale closed? If so, they should be well-informed about what goes on.

Another foreclosed unit, 1905 Vista Cay, had been on the market for nearly 2 years in one form or another. It sold for $329,000 on February 26.

And a 2 BD 2 BA unit in the South Association, after NOT SELLING for 3 months, relists the property and has RAISED THE ASKING PRICE by $9,112. Sure. Let's see how well that trick that works out. UPDATE: The unit was withdrawn from the market again.

What is With The Master Association President?

What was the letter that South residents received all about? It's in response to this:


"Unfortunately," the Master Association president, Barbara Finnegan (shown, right) has taken unilateral action to tell the South Association's management company, PML, that they are responsible for invoicing South homeowners for Master dues.

But wait! Didn't the Master Association just get a new management company? Yes. And they, Common Interest, have not invoiced South homeowners for December or January dues because Barbara Finnegan (yes, again) fired PML from managing the Master Association but still believes PML should be doing the invoicing for an association they (PML) is not responsible for.

But wait! There's more! Homeowners on an automatic debit payment have been screwed up because of this. Homeowners had checks returned to them from PML because of Barbara Finnegan's interference.

Master Association has been shorted income of $26,000 ($130 x 100 units x 2 months) these two months because of this.

Townhouses Not Selling

Inventory of available units for sale in Edgewater Isle is at a low: only 2 units are on the market. Both units are in the South Association, and neither one is moving. Are they overpriced? Are buyers scared of the high association dues? Or both?

2147 Vista Del Mar has been on the market since November 21, and 2158 Vista Del Mar is on its third listing in 18th months, still having not sold. Each of these properties is asking at least $50,000 over the last 2 bedroom, 2 bath that sold in the North association. In spite of a water view, are buyers just not willing to put up with a 10% premium for a water view AND monthly HOA dues that are $100 higher than the North association?

Will Edgewater Isle North Ever Fix the Parking Lot?

Will Edgewater Isle North Electrocute Someone With This Getup?

 

It's raining heavily again, which means that the parking lot area for Building 8 floods. Meeting minutes show that the homeowners in that area have been soliciting the boards of directors for the North and Master associations for years. Board members come and go year after year, yet this problem remains unaddressed.

The North Association's attempt to mitigate this problem is to situate a pump in a flooded parking lot, complete with an orange electrical extension cord — a potential trip hazard or source of electrocution.

Why is the Edgewater Isle North Homeowners Association always reluctant to deal with common area problems? (There are numerous examples of that, including some listed in the lawsuits section.) Will the president of the Edgewater Isle North Homeowners Association, Paul Miller, finally be the one who removes the roadblocks and gets this taken care of? Time will tell.

Are Management Companies Doing Complete Disclosures for Sellers?

Are the management companies for Edgewater Isle doing a complete job of disclosures for buyers and sellers? With the myriad of real estate disclosures for Edgewater Isle, how does one make sure they are all correct?

Below is an email received from a would-be buyer at Edgewater Isle that demonstrates the confusion (not to mention the animosity) between the different associations and their respective management companies. A buyer and seller today have to work with two different management companies regarding four associations. How ridiculous is that? Let's all thank impressive City of San Mateo for their requirements to the builder that have ultimately created this mess.

Subject: HOA
From: XXXXXXXX <xxxxxxxxhotmail.com>
Date: Tue, January 12, 2010 9:10 pm
To: xxxxxxxxedgewaterisle.com <XXXXXXXXedgewaterisle.com>

Hello,

I'm looking for buying a property in Edgewater Isle but I'm confused with the HOA. One of 1b/1b posted the HOA for $335 and another posted $355. My agent called the association and told me that the HOA is $204.

Could you please tell me what the correct amount is for 1b/1b?

Thank you in advance.

XXXXXXXXX

Another Foreclosure at Edgewater Isle

The foreclosure problem still exists, even at Edgewater Isle. Homeowners, many of whom haven't received raises or have incurred pay cuts, struggle to keep up with continually rising HOA dues among other costs.

According to San Mateo County records, another condo at Edgewater Isle was lost to foreclosure: 1666 Via Laguna was foreclosed on for $286,555 on December 8, 2009, and is currently listed in MLS by a vulture realtor for $349,900. And banks got a bailout?

Did Wachovia Mortgage FSB attempt any sort of mortgage modification with the homeowner before taking the house? Or did they just take it and list it at almost $64,000 more than the foreclosed upon amount? (Which already included plenty of junk fees, as banks and HOAs like to do.) And Wachovia is too lazy to include the correct page numbers in their public notice. What a bunch of crooks.

How Much Business Are Boards Doing in E-mail?

Everybody likes e-mail: it's fast and convenient. California Civil Code 1363.05, also known as The Common Interest Development Open Meeting Act, describes that meetings must be noticed and that most association business must be discussed in an open meeting for homeowners to hear. Here, two worlds collide.

Boards of directors are conducting business in a closed environment that is not visible to homeowners. Management companies are not including e-mail exchanges in meeting minutes. Homeowners do not know what was discussed and are having their right to be heard on issues eliminated with this practice.

Also: homeowners should know that when emailing the management company, management companies have a practice of replying to a homeowner and BCC'ing the board of directors. The boards of directors are ending up with your e-mail address and you don't know theirs. Doesn't seem fair, does it?

Homeowners are left not knowing what was said or discussed because of the over reliance on email. A homeowner does not have access to all items discussed by a board of directors because of this practice. The overuse of "emergency" meetings and the blatant disregard of what constitutes executive session are also two ways that boards of directors are subverting the Open Meeting Act.

Management companies should be including e-mail exchanges as part of meeting minutes. If not, these documents are always subject to a subpoena should the need arise. Additionally, by not including the topics discussed, actions taken, and decisions made, boards of directors are violating their duty to have the meeting minutes accurately reflect what was discussed. Not documenting how and where association funds are spent is a big problem, one with potentially very large consequences.

Good News for Homeowners

The Edgewater Isle Master Association has not sent its budget out yet, so the good news for homeowners is that dues CANNOT be raised. If dues were to increase, the budget would have had to, by law, been mailed a month ago. Yippee.

Happy Anniversary

To commemorate the 13th anniversary of PML getting thrown under the bus, let's do it again.

PML Terminated

PML Fails to Comply with Law on Meeting Minutes

PML Property Management, who lists on their own web site that they "get(s) the job done," seems to not have learned to comply with California Civil Code §1365.2. That part of the Civil Code provides for a homeowner to get association documents in a timely manner, opening the Edgewater Isle Master Association up to legal liability.

Edgewater Isle North Association Gets Smacked by Attorney General

Let's take a walk down memory lane and remind ourselves of when the Edgewater Isle North Association got OWNED by the California State Attorney General's office for failure to comply with delivering a membership roster.

PML Property Management Gets Canned, Again

That Didn't Take Long

About a year and one-half after returning to Edgewater Isle, PML Property Management has been thrown under the bus by Edgewater Isle, again.

PML Property Management took over the management of Edgewater Isle after former "property manager" Nick Pargett bailed and turned over his Edgewater Isle accounts to PML in 2008. Now, 12+ years after PML Property Management was first canned by Edgewater Isle, PML is sacked for the second time.

FUN FACT: Not one of the board members who originally fired PML is still on the board: PML worked its magic on a whole new set of unsuspecting people, and left them all with the same impression others had 12 years ago.

Edgewaterisle.com wonders if was the outstanding customer service* that was the final straw.

Master Association Throws Open the Doors To The Monkey House

Edgewater Isle Monkey House You'll never believe the monkey business that Edgewater Isle Master Association is up to now.

Edgewater Isle Master Association believes it can randomly bill people for their expenses. Yes, really.

In August 2008, two homeowners submitted a petition, signed by 23 homeowners, to change the Edgewater Isle Master Association's bylaws which provide an unbalance of voting power to the owner of the Senior Center.

The Master Association followed its normal pattern of stalwart obfuscation and delayed for 7 1/2 months (yes, seven and one-half months) after receiving the petition. While the proposition received a majority of votes, a quorum was not achieved (by design of the Senior Apartments Owner) and therefore the amendment was not incorporated into the bylaws.

Now, six months after the vote was tallied, the Master Association has gone crazy and, via Patrick Guglielmoni at PML Property Management, has sent its legal bills to the homeowners who followed the Association's bylaws and submitted a petition for a special meeting to modify the bylaws. Those same bylaws do not provide for charging any homeowner any expenses for this process. But the Edgewater Isle Master Association is not deterred by its own rules. (And PML Property Management is too stupid to put the letter on the correct "letterhead" (really, just a Microsoft Word file used over and over).

Of course, the homeowners dispute these charges. Messages left for Patrick Guglielmoni were not returned by Mr. Guglielmoni, prompting a homeowner to deliver the dispute letter directly to PML Property Management to demand:

  1. copies of meeting minutes for the previous 12 months
  2. copies of email between board members regarding this issue
  3. those documents to delivered back to homeowner by November 12, 2009

Let us see how it was decided that homeowners should pay an attorney who doesn't represent the homeowners' interest, but the association's interest. Especially since there is no agreement for it nor allowance in the governing documents. Should PML or Edgewater Isle Master Association claim to have "not received" a homeowner's letter disputing these charges, let us refresh their memory. The tracking number from the USPS should also provide a little help.

Re/Max Office Coordinator Gets Snooty With Us

A first for us at edgewaterisle.com:

Real estate agent George Chopoff listed a property at Edgewater Isle (1961 Vista Del Mar). The property was on MLS for several days when Terri Baxter, "office coordinator" at Re/Max in Redwood Shores, sent an email asking EdgewaterIsle.com for information. Terri Baxter's email said that she would "greatly appreciate it" and thanks us "for our time." Yet, when she received the information she requested, she is neither appreciative nor thankful, but rather rude.

EdgewaterIsle.com suggests to Ms. Baxter that she should avoid biting those whom SHE asked for information, and perhaps simply reply with a "thank you" if the information is subsequently obtained through other means.

Read it here.

Anatomy of a Foreclosure

Foreclosures are an all-too recurring theme. Too many folks are losing their homes because banks don't play fair with homeowners who are attempting to refinance an adjusting mortgage payment, all the while taking the Fed's money and giving themselves bonuses.

But not all homeowners are without fault. A recent foreclosure action at Edgewater Isle got a second look after we realized that the foreclosed condo had a mortgage of 3x over the original purchase price, and comp sales would indicate that there was no equity left in that property, after having owned it for 20+ years.

Why would a homeowner pull every last cent out of their equity and leverage an asset to the hilt?

See here.

Edgewater Isle North Ignores Problem, Again

Here we go again. More infighting between the Edgewater Isle North Association and Master Association boards of directors. A homeowner making attempts for 4 years now to get a recurring flooding problem in their parking space fixed is the latest victim caught up in the North vs Master boards of directors infighting that is well-documented at Edgewater Isle.

 

Case in Point

After a small claims case 3 years ago that the North Association lost and the Master settled, embittered now-president Mimi Lee was so upset that Master Association settled the case, that she wrote an email to the Master Board to complain. The Master Association meeting minutes from June 12, 2006 show:

2. B. Finnegan reported that the small claims court hearing took place on May 30. The Master Association settled for $1593 with prejudice. Nick had heard the North had been directed to deodorize the insulation and have the wiring checked by an electrician. Yesterday, the Board received an e-mail from Mimi Lee expressing dissatisfaction that the Master had agreed to settle. The Board discussed that in IDR, the Master had agreed with XXXXXXXX to settle the issue and the Master had decided they would continue to stand behind their offer. D. Mosblech would provide a response to Mimi.

One supposes Mimi Lee had nothing else to do.

Current Problem

But that was then, this is now. And again Mimi Lee is involved in preventing a homeowner from receiving repairs and maintenance to their deeded space that the Association is responsible for maintaining. Perhaps a perusal of the C C & Rs would be in order here. The homeowner who has been complaining about the flooded parking spot has been caught between the North and Master Associations each saying the problem is the other association's responsibility. We believe the Master Association is correct in this issue.

The original 1984 North Association C C & Rs read:

Page 2: Section 1.6 "Common Area" or "Common Areas" shall mean and refer to all of the Property (except the individual Units), title to which is held by the Owners in common. The Common Area includes, without limitation: land, pool, spa and any other amenities, parking and driveway areas, trash enclosures, garage areas, exterior stairs, balconies, patios, landings and storage areas, and bearing walls, interior stairs, columns, girders, ceiling joists, subfloors, unfinished floors, roofs and foundations, fireplaces, central heating, solar heating equipment, water heaters, skylights, reservoirs, tanks, pumps, motors, ducts, flues and chutes, conduits, pipes, plumbing, wires and other utility installations (except the outlets thereof when located within the Unit and excepting utility installations located within a Unit), required to provide power, light, telephone, gas, water, sewerage, drainage, heat, and central television antenna or cable television installation, and the landscaping easement designated on the Map.

The revised 2004 North Association C C & Rs read:

Page 2: Section 1.7 "Common Area" or "Common Areas" shall mean and refer to all of the Property (except the individual Units), title to which is held by the Owners in common. The Common Area includes, without limitation: land, pool, spa and any other amenities, parking and driveway areas, trash enclosures, garage areas, exterior stairs, balconies, patios, landings and storage areas, and bearing walls, interior stairs, columns, girders, ceiling joists, subfloors, unfinished floors, roofs and foundations, fireplaces, central heating, solar heating equipment, water heaters, skylights, reservoirs, tanks, pumps, motors, ducts, flues and chutes, conduits, pipes, plumbing, wires and other utility installations (except the outlets thereof when located within the Unit and excepting utility installations located within a Unit), required to provide power, light, telephone, gas, water, sewerage, drainage, heat, and central television antenna or cable television installation, and the landscaping easement designated on the Map.

In other words, they are identical except for the section number.

Why does Ms. Lee spend over 4 1/2 years on a board of directors and NOT help homeowners resolve problems? For an individual who only bought her unit in 2003, it sure must be fun to ride roughshod over others who have lived at Edgewater Isle, and paid dues, for much longer than that.

Edgewater Isle North 1984 C C &Rs Show Maintenance Responsibility

The "maintenance" section of the 1984 C C & Rs clearly show the North Association's duty to maintain. The Association rewriting them in 2004 and obscuring them does not exonerate that responsibility.

ARTICLE V
DUTIES AND POWERS OF THE ASSOCIATION
5.1. Duties: In addition to the duties enumerated in its Bylaws, or elsewhere provided for in this Declaration, and without limiting the generality thereof, the Association shall perform the following duties:

A. Maintenance: The Association shall maintain, repair, replace, restore, operate and manage all of the common area and all facilities, improvements, furnishings, equipment and landscaping thereon, and all property that may be acquired by the Association. Maintenance shall include (without limitation): painting, maintaining, cleaning, repairing, and replacing of all common areas, including exterior doors), exterior glass surfaces, windows, landscaping (except for private patio areas which are to be maintained by owners as per Section 8.7), balconies, parking areas, and recreational facilities.

Just fix it.

What Happens At A Foreclosure Auction

With the current flurry of foreclosure auctions occurring nationwide, have you ever wondered how they work? EdgewaterIsle.com went the San Mateo County courthouse today as today's auctions occurred. Below are our observations.

The group that gathered for foreclosures today at 1:00 p.m. was a well-prepared, familiar group on first-name basis with each other. They talk amongst themselves, joke, and share updates. One brings his own chair with built-in table, along with 2 portable, wheelie suitcases jammed full of paper. They are well-organized, frequently on cell phones, and armed with various printouts marked with highlights and notations. Many of these would-be bidders were talking about what stages their fixer-upper purchases were in, what is being painted or staged, and when they would be back on the market. These would-be bidders have done their homework, checked for HOA and tax liens, and already have the sellers' disclosure statements, not that it matters anymore: it has come to this.

The first foreclosure auction is for a single-family home in Daly City. At first, it appeared as if it would not sell. The bidders are savvy — they wait until the "going twice" from the auctioneer before making a bid. Soon it becomes predictable: this group all waits until "going twice" to bid. The bids go up in increments of $50, $100, $1,000, or once as much as $5,000. It's all random. The winning bid goes to the guy who brought his own chair with built-in table.

The second unit up for foreclosure auction was 1905 Vista Cay. There were no bids. The property reverted back to the bank. One would-be bidder told me before the auction that he doubted it would sell as the bank's opening bid is too high. He also told me he would never buy a property being sold by a homeowners association because that lien is a junior lien. And because there are CC & R's — they don't like that.

They would-be bidders were curious who I was writing for. As an obvious outsider to their group, they asked me lots of questions, volunteered some information, but none wanted to give me their name. I'm not surprised. They'll probably be back there tomorrow. Again with their papers and cell phones. And chair with built-in table.

Master Moves On Foreclosures

The Edgewater Isle Master Association filed liens against 3 units between August 28 - 31, 2009. A homeowners association can file for foreclosure 30 days after filing the lien.

Homeowners Associations have an option of pursuing unpaid dues in small claims court if the unpaid dues do not exceed $1,800. Edgewater Isle associations have never, not once, pursued the small claims route, always preferring the lien and foreclosure route. Probably because they don't want to send a board member to small claims court to pursue the collection. They'd rather wait until the amount due is larger, and then proceed with liens and foreclosures.

The foreclosure farms that handle the paperwork for Edgewater Isle and other associations add a lot of junk fees. For example, here are the extra fees added in the lien of an Edgewater Isle homeowner:

Trustee's Fees, Costs, and Expenses (a.k.a. Junk Fees)

  1. Collection fee: $200.00
  2. Pre-lien fee $225 (a form letter)
  3. Vesting verification $35 (what is this?)
  4. Certified - pre-lien $36.24 (and this?)
  5. NODA fee $325 (NODA: Notice of Delinquent Assessment: This is notice that a lien of record has been secured on a property. Another form letter.)
  6. Recording - notice of delinquent assessment: $16.00
  7. Recording - release of lien $15.00 (they charge to to put a lien on, and to take it off)
  8. Certified mail - NODA $72.00 (certified mail is less than $6.00 per the United States Postal Service web site)

These junk fees amount to $924.24 ON TOP of the amount that is past due. In the case of the Master Association, this $924 amounts to 7 months of dues that you are now behind in addition to whatever else you were behind.

Do you think a HOA wants a homeowner to dig out of their problem, or do you think the HOA doesn't care and they'll just foreclose on their "member?"

Have a nice day.

No Active Listings in Edgewater Isle, One Foreclosure Pending

For the first time in recent memory, there are no active sales listings within Edgewater Isle, with the exception of a 1 BD 1 BA that has been on the market for over a year and faces a trustee's sale (foreclosure sale) this Monday. Two units are in pending status, and a third active listing was withdrawn, again, after not selling for a second time on MLS.

Our recent speculation that the market may have hit bottom was probably too optimistic.

 

Sale Date Property Detail Sale Detail
Monday
9/28/2009 1:00:00 PM
Address: 1905 VISTA CAY
Get Yahoo! Map
City: SAN MATEO
State: CA
Zip: 94404
County: San Mateo
APN: 108-770-010
Sale Status: Postponed to 09/28/2009
(Mutual Agreement)
TS Number: 20090049731
ASAP Number: 3210954
Notice of Sale Amt: $0.00
Opening Bid Amt: 0
Sold Amt: 0
Sale Location: At the Marshall Street entrance to the Hall of Justice and Records, 400 County Center, Redwood City, CA 94061
Get Yahoo! Map
Trustee: Recon Trust Company N.A.
Trustee Phone#: (800) 281-8219
 

Would You Give A Convicted Thief Your Checkbook?

Edgewater Isle Did.  




.... has a problem with shoplifting that she cannot control.



Edgewaterisle.com has verified that a former board member at Edgewater Isle has multiple criminal convictions. San Mateo County Court records show that this former board member, who had signing authority on the Association's checking accounts, has been convicted multiple times of theft.

Kelly McGuirk has been heavily involved in Edgewater Isle North and Master Associations' business dealings. McGuirk has 6 convictions for theft, including 2 felonies and 4 misdemeanor convictions, and served time in San Mateo County jail for these convictions.

Read Full Story >>>

Homeowner Reports Parking Problems

A homeowner writes in to express frustration with the parking situation at Edgewater Isle:

-------- Original Message --------
Subject: Edgewater Isle: Security Problems and Unfair Towing
From: Xxx Xxxxxxx <xxxx@xxxxxxxxxx.net>
Date: Tue, July 14, 2009 12:56 pm
To: xxxxxxxxxxxxxx@edgewaterisle.com

Hello,

I am an Edgewater Isle resident and have a series of concerns that seem to coincide with a surprising number of my neighbors. It seems that some of my neighbors have never been able to get security to respond whenever there is a nuisance or a concern, however security is more than happy to have residents' cars towed if we left them to in a red zone too long for unloading. Just talking to a neighbor on our walkway yesterday, the next three that walked by had complaints of being towed. We wound up having six of my neighbors on my deck for the next two hours discussing some of the issues we have encountered and I know of still others who have had similar complaints. This should be highly unlikely and yet it seems that is is most likely a dominant percentage of residents have complaints.

I think a survey needs to be distributed to Edgewater Isle residents regarding the security company. It seems Northwest is more interested in towing residents' and guests' cars than performing their top priority tasks. I would even wager the security company is in cahoots with the towing company.

Thoughts?

Thank you,
Xxx Xxxxxxx

 

Thanks to the homeowner for the concerns. Rumor has it that Northwest DOES get a kickback of $40 or so per tow. You can see the incentive right there.

Others may feel free to post anonymous comments on a new feature, our FORUM section.

Housing Market May Not Have Bottomed: New Low for a 2BD 2 BA Unit

 

Sales of 1570 Vista Del Sol
Date Sales Price
June 28, 2002 $439,000
October 5, 2006 $519,000
June 23, 2009 $440,000
A earlier sign that the housing market may have hit bottom has been discounted now that the sales price of a 2 BD 2 BA unit at Edgewater Isle North has hit a new low.

Records show that the unit at 1570 Vista Del Sol sold on June 23, 2009 for $440,000, which is $9,500 below asking and $10,500 below a comp sale from one month earlier. Public records also show that the unit has sold 3 times in the past 7 years, and that the most recent sales price is virtually identical to the sales price from 2002.

It's a great time to be a buyer: about two years ago, these units sold as high as $630,000.

A neighboring property at 1566 Vista Del Sol (a 1 BD 1 BA unit), has been on the market for 8 months, priced at a completely unjustifiable $445,000. No one is going to pay more for a 1 BD 1 BA than a 2BD 2 BA, even if it does have a nice kitchen countertop.

UPDATE: As of June 26, 2009, the overpriced 1 BD 1 BA has been withdrawn from the market.
UPDATE: As of July 9, it's back on the market at $410,000. Still overpriced.

Jim Newell Gets Kicked Off Board

Jim Newell has been defeated in his reelection attempt on the Master Association board of directors. Joe Txxxx beat Jim Newell 175 - 101. When Jim Newell heard the news, he walked out of the room.

BREAKING NEWS

Let us mark the six-year anniversary of this "breaking news" item. (When news is broken here, it stays broken.)

Board Member Candidacy Letter Needs Help. We Provide It.

Want to see a convoluted "Candidacy Resume" from an incumbent member of the Master Board of Directors? You won't be disappointed here.

Jim Newell has written a "Board Member Candidacy Resume" which is grammatically incorrect, occasionally incoherent, and ends with a self-imposed, snarky pity party.

See the original letter here, or just in time for the school year ending, see the teacher-corrected version here.

Is Edgewater Isle Getting a New Property Manager?

Thanks to a reader for this tip: is CMS looking for a new property manager on CraigsList?

FACT Encourages a "Yes" Vote on Self-Assessing for Levee Repairs

A group of homeowners, including the mayor of San Mateo, is encouraging a "yes" vote on the self-assessment ballot that was mailed out on April 29. Ballots are due back to San Mateo by June 15, 2009.

The costs to repair the levees is more than the City can afford. If the assessment is not passed, homeowners could see high mandatory flood insurance rates.

The ubiquitous board member Barbara Finnegan is a member of FACT.

Homeowners Support Kicking Jim Newell Off Board

Three homeowners have circulated a letter expressing dismay over Jim Newell's over-eagerness to go to arbitration over asphalt. These homeowners, who are also board members, wrote a letter speaking for themselves, not as official board correspondence, encouraging homeowners to vote for Joe Txxxx for Edgewater Isle Master board of directors. Joe ran last year, but because of the cozy arrangement that HIP Housing has with Jim Newell and the whole double-dipping voting thing, Joe was 2 votes shy. Thanks a bunch, Bruce.

The letter reads in part: "Suing other associations is NOT an official position of the Master Board of Directors....only the opinion of Jim Newell."

Has the Housing Market Hit Bottom?

A hopeful sign: two units have recently sold every so slightly above asking price. 1993 Vista Del Mar and 2041 Vista Del Mar, both 2 BD, 2 BA units, have recently sold at $450,000 and $450,500 respectively. In March 2007, that same 2 BD, 2 BA floor plan sold for $630,000.

While this is good news that the low point may have been reached, the bad news is that it still represents a decline of over 29% in value from just 2 years ago.

Living In Denial

Downward adjustment in value to one's property is a difficult pill to swallow. There is a 1 BD, 1 BA unit currently listed for $445,000, which is 15% above asking of an average of the last two comps that have sold, and only $5,000 less than the 2 BD, 2 BA units that ARE selling. A list price of $70,000 - $80,000 over the sales prices of the last comps must be a difficult tactic in this market.

78% of Homeowners Who Voted Want to Eliminate HIP Housing's Double Representation

Edgewater Isle Master Association is too embarrassed to release the numbers, but 78% of homeowners who voted want to remove HIP Housing's double dipping (that with the untouchable board member AND 92 votes thing) into the electoral process at Edgewater Isle.

But the sad thing is that not enough homeowners voted to make it a valid election. And even the president of HIP Housing, Bruce Hamilton (famous for the "it's not fair" letter) didn't vote. What a pansy.

The vote tally was 149 in favor and 42 against.

Two More Foreclosures

The lingering financial depression (yes, depression) is still with us. Two more Edgewater Isle properties are in foreclosure, one with an auction date set for May 29, 2009.

Jim Newell Has Lots of Free Time, Wants to Go to Arbitration

Read an email that Permanent Board Member Jim Newell sent via email to his wife who is not on the board.

Mr. Newell states that the North Association should pay for trees, blah blah blah. What Mr. Newell is so easily forgetting is that the North Association IS already paying for it with dues that go like this:

    224 units @ $130/unit = $29,120 per month

There you go. With North Association's monthly contribution to the Master Association of $29,120 a month, they ARE paying for it. What's with this MANDATORY ARBIRATION? Here comes the next installment of the never-ending Civil War.

HIP Housing's Bruce Hamilton Is Sneaky

After all of the chest-thumping and whining about how "unfair" it is that he's doubly represented, he did not even vote in the homeowner's petition to change the bylaws and CC&Rs.

Mr. Hamilton used-car salesmen tactics and din't even vote in this election: his lack of votes would contribute to not having enough votes to have the election be valid.

The silver lining is that this measure otherwise did pass by a vote of 149 - 42. So there is obviously sweeping sentiment that this little "arrangement" isn't quite right. The rest of the homeowners who couldn't be bothered to vote must enjoyed being screwed by an outside entity with double, untouchable representation on a board.

Oh well, maybe next time.

FEMA Presents at Annual Meeting

San Mateo flood zone

On April 18, 2008, FEMA issued a revised preliminary Flood Insurance Rate Map (DFIRMs) for San Mateo County. The current schedule indicates that the Letter of Final Determination will be issued in Fall 2009, and the new Final Map will be published in Spring 2010 (Final Map). Mandatory insurance requirements become effective at the time of the Final Map.

Representatives from FEMA will be present at the Edgewater Isle annual meetings on Tuesday, May 5, to discuss the proposed $62 annual assessment for San Mateo residents or the possibility of mandatory flood insurance.

For more information on Edgewater Isle's potential of being put in a FEMA flood zone, see:

 

7 1/2 Months of Stalling

It took the board 225 days after August 18, 2008, to mail the ballot for a special election to change the bylaws. The Master Association board of directors received the petition from homeowners to modify the Bylaws and CC & Rs. The envelope contained a letter from HIP housing director Bruce Hamilton urging a no vote. Mr. Hamilton's letter contains many factual errors.

The Master Association board of directors exhibits the identical folderal of the South Association when the South received a petition that it didn't want to deal with. Both boards of directors, headed by Barbara Finnegan and Jim Newell, present a second example of their efforts to thwart the sentiments of HOMEOWNERS who pay the bills.

North Homeowner is Frustrated

A North homeowner writes us expressing a common frustration with Edgewater Isle management. Cathy, are you listening?

Subject:
Our community
From:
Annoyed Homeowners
Date: Tue, Mar 03, 2009 5:14 pm
To: edgewaterisle.com

Hi,

Am I being paranoid or has the management of this community gone DOWN HILL?

And is this new manager, Cathy Dreesman totally useless? I would like to know if anyone has ever found her helpful. To think we actually pay her?

She never answers her phone. If she's in a meeting to improve and better the value of our community then so be it... but I continue to see things getting worse so she must be busy doing other things... (like not working)..

-Annoyed Homeowner

Another Edgewater House in PreForeclosure

The worst economy in decades has not escaped Edgewater Isle: another unit is in Notice of Default and subject to foreclosure. Public records show that a 3-bedroom, 2-bath unit in the North Association, 1514 Vista Del Sol, is in default and foreclosure proceedings have begun.

Master Association Drags Its Feet

The Master Association continues to drag its feet getting out the ballots to homeowners for the request to amend the bylaws that was submitted to the Board of Directors 7 months ago.

Yet another attempt from Edgewater Isle Perpetual Board Members Barbara Finnegan and Jim Newell to delay, delay, delay.

Master Association Bylaws Vote

Homeowners are encouraged to vote YES on the changes to the Master Association bylaws that have been submitted.

When the bylaws were revised in 2007, a sneaky, dangerous new change was included in the bylaws that gave the owner of the HIP Apartments a 92-block vote in addition to an appointed director. THESE ITEMS WERE NOT IN THE ORIGINAL BYLAWS.

IMPORTANT:

The Master Association FAILED TO HIGHLIGHT THIS CHANGE in its cover letter to homeowners. The Master Association board of directors relied on homeowners not reading or understanding these changes, and its effect has been that homeowners' voting rights have been diluted and shifted to a corporation.

Homeowners are encouraged to vote YES on the proposal.

Master Association Special Meeting A Success

Approximately 60 homeowners attended Tuesday's special meeting to learn how the Edgewater Isle Senior Center's owner Bruce Hamilton's 92-block vote is unfair. While Mr. Hamilton maintains that since he has to pay dues, for him not to have a 92-block vote AND an appointed, untouchable representative on the board, it is taxation without representation.

But, no it isn't. Mr. Hamilton's 92-block vote changed the outcome of the last Master Association election to the board of directors. A non-homeowner, a corporate entity has more influence than any of the homeowners at Edgewater Isle. His 92-block vote AND an appointed, untouchable, permanent member of the board (to which some of the Bylaw rules do not even apply) amounts to a 42% of the vote in any Master election.

Further, we've all learned that "taxation without representation" refers to the government. A homeowners association board of directors is a clique of homeowners who ride roughshod over other homeowners because they can.

The South board members' behavior of scattering around the room and asking lawyer-provided questions was obvious.

HOMEOWNERS ARE ENCOURAGE TO VOTE TO CHANGE THE BYLAWS.

Reminder: Special Meeting Today

Homeowners are encouraged to attend tonight's special meeting and discuss how the Senior Center owner getting to vote 92 times in an election AND appoint their own untouchable board member is ultimately damaging to real homeowners. The 92-block vote AND an appointment amounts to allowing the Senior Center owner to 42% of total voting power in a Master Association election.

Master Association Notifies Members of Special Meeting

Never one to follow the letter of the law, the Master Association sent a letter to all homeowners notifying them of the petition submitted to revise the Bylaws. The Association received this petition on August 18, 2008, and delayed until December 22 to notify homeowners.

The petition is to remove the 92-block of votes given to the owner of the HIP Senior Apartments. The owner gets an appointed board member AND a 92-block of votes, and the homeowners petitioning to change this believe that this affords HIP overrepressentation.

EDITORIAL COMMENT: We see a pattern of Boards of Directors that sit Barbara Finnegan and Jim Newell delaying action on petitions that meet and exceed all legal requirements.

Petitioners to Change Master Bylaws Send A Letter

The petitioners who pointed out the problem with the Master Association's Bylaws giving Human Investment Project (HIP) a single block vote equalling 30% of the total voting power of the Master Association, have sent a letter to homeowners outlining why it is important for homeowners to support the petition to amend the bylaws.

PML Management Sued for Fraud By Homeowners
UPDATE: CASE SETTLES

Newly re-misengaged™ property management company PML has settled a lawsuit for fraud filed by homeowners in a different association. Homeowners alleged fraud for misrepresenting that homeowners could purchase and use a second unit in the association as a business office. A conditional settlement has been reached, avoiding the trial that was to begin on November 3.

Read the homeowners' complaint.

PELICAN and PML had expressly in writing represented to them that they could conduct a professional business prior to their purchasing the home...

PML Property Management Not Returning Calls to Homeowners

edgewaterisle.com has received complaints from 3 homeowners that PML Property Management representation is not returning their phone calls. Hum......where have we heard this before?

HOA Attorneys Take It In the Shins: Tactics Exposed

Two board members of the Edgewater Isle Master Association, mistakenly impressed with their own wisdom, apparently acted without a quorum (tsk, tsk) and directed an attorney to send a letter to a homeowner with all sorts of vague, fabricated, and bullying threats. They directed attorney Jeffrey Barnett attempt to silence an outspoken critic of the association.

The homeowner got her own attorney, and sent a letter back to both association attorneys Jeffrey Barnett and Sandra Bonato, calling them on their various fabricated and unproven statements.

The Master Association's attorney, Jeffrey Barnett, sent a letter retracting his earlier letter (i.e., wiped egg off of his face) while the previously prolific pundit Sandra Bonato has been quiet on the whole issue. (Gee, Sandra....maybe you're a little embarrassed about your silly games being called out for what they are.)

EDITORIAL COMMENT: How much money do the boards waste whining to attorneys?

PML Management Admits Their Workers Destroyed Homeowners' Landscaping

Thirteen years ago, PML's "maintenance workers" took it upon themselves to completely destroy a homeowner's landscaping. Homeowners were not notified that any workers would be performing any work within the exclusive use common area. PML's maintenance workers ruined all established landscaping and left the area appearing that a hurricane had it.

A Homeowner's Request

A reader writes::

name = xxxxx xxxxxxxxxx
phone = 650-7XX-XXXX
email = xxxxxxxxxx@aol.com
Comments = Get those tattooed people away from the pool area. I called security, did they do anything. They take over the pool and the kids cant swim, I have seen them alot. There are about 10 at a time. They smoke, play loud music. etc. They are LARGE people. I do not think they live here.

 

A Reader Passes This On.....

A reader writes to let us know:

name = XXXXXXXXXXXX
email = xxxxxxxxxxxxxxxxxx@msn.com
Comments = Nick Pargett is not licensed by the DRE (Department of Real Estate). In California one must be a Broker or under a Broker's license to practice property management. Just food for thought.

Thanks to the reader. If we all had known this a while ago. Maybe the Boards of Directors will exercise a little more caution before willy nilly turning over the management of other people's money to any schmuck. One only wonders if there are any legal consequences for practicing for the last 5+ years without being licensed. Anyone, anyone?

PML Continues Long-Held Tradition of Poor Customer Service

Edgewater Isle South has misdecided to mis-reengage PML as its property management company. The Board is obviously ignorant that years ago residents at Edgewater Isle loudly complained about PML's services, and PML was dumped in favor of Franciscan Property Management (for a while anyhow).

Now, PML is baaaaack.....but they don't seem to have improved. Read it

UPDATED: And see homeowners' response to PML's unceremonious return.

History Repeats Itself:
World Shocked As South BOD Rehires Management Company It Previously Booted LOL LOL

After seemingly going through every last property management company on the Peninsula in the last 11 or so years, the Edgewater Isle South BOD decides to rehire PML, a company that the Board fired 10 or so years ago. Rumor is not a single current board member was a homeowner 10 years ago when PML was previously thrown under the bus.

Will Nick still read edgewaterisle.com? We'd hate to wave goodbye to a loyal reader.

This Day In Edgewater Isle History

A new feature at EdgewaterIsle.com, we bring you This Day in Edgewater Isle History. Twelve years ago today, a shot rang that signaled the beginning of the end of one property management company. This property management company ended up losing 2 HOAs after this story appeared.

Will 2008 soon look like 1996? Will history repeat itself? (Update: Yes.)

Edgewater Isle North is a Big Fat Liar*

lie -verb to express what is false; convey a false impression

mapBoard of Directors Gets Lost Finding "The High Road"— "High Road" Not in Their TomToms®

Edgewater Isle North Homeowners Association board of directors chose to LIE to the members in July 2006 when sending out a newsletter containing information that the Association had won a small claims case in which they were the defendants. The Association had actually LOST in small claims court. (But who cares about the actual, um, you know, truth when there's face to save?)

The judge's ruling said:



RULING: Defendants have until 7/21/06 to deodorize Plaintiff's insulation at Defendant's cost....If Defendant refuses, judgment will be determined within 30 days of Defendant's refusal.


And the lying liars on the board of directors then said:

Edgewater Isle North Homeowners Association lied to homeowners.

For a case which was never about money, never about a "cash award" but about getting stuff fixed, the BOD not only loses, but then Bert Mittler, Mimi Lee, and Benjamin Cintas lied about it in print. Apparently this ass-kicking in court bewildered these three so much that they again fail to do the right thing —demonstrated by this lie they committed in print.

And, finally, Mimi Lee goes and whines to the Master Board because the Master settled out of court. (That one's coming soon.) Get a hobby, lady. Or at least learn how to take defeat with dignity. Do you really have nothing better to do?

Water To Be Turned Off At Edgewater Isle South

water off at Edgewater IsleWhere did we hear recently that homeowners weren't to put notices on the buildings and stuff? Oh yeah.....the newsletter. Well, apparently the rules do not apply to Nick Pargett of Pargett Association Management who appears to have wallpapered the place with these lovely "water will be off" signs and trimmed it with classy blue painter's tape. Questions? Call Nick Pargett's cell phone.

Funny....no one remembers the lovely sales brochure mentioning anything about water being turned off. Hum....

Thanks to a reader for this tip.

Second Townhouse Sells Waaaaay Under Asking Price

Edgewater Isle Housing Price Drops 20%A second three-bedroom, two bathroom townhouse has sold way under asking price (a short sale) at Edgewater Isle.

1916 Vista Cay had been on the market for several months, beginning with its last prior sale price as its asking price of $689,000 before being cut to $599,000, and finally $499,000. There were several auction foreclosure dates set, and the townhouse sold for $550,00 in April 2008, 20% below its previous sale price in June 2006.

Edgewater Isle Master Association Justifies Fraud: World Explodes

The "Board of Directors" of Edgewater Isle Master Association sent all homeowners a letter admitting they frequently deposit checks made payable to others.

The rest of the world waits and wonders how this is not illegal, and since Master Association admits to frequently depositing checks made payable to others, why there is no criminal investigation. Anyone care to comment?

fraud

Edgewater Isle Uses World's Least Professional Management Company

Nick Pargett's antics like a second grader'sPargett Association Management's Grade School Antics

Pargett Association Management's proprieter Nick Pargett resorted to grade-school antics when dealing with a homeowner's problem. Pargett chose a hostile, sarcastic, "I don't like that tone, young man" route instead of the "plays nice with others" route.

Playing with the Magic of Google: Look What We Found;
A Pargett Association Management-Inspired Blog

Q: What do Edgewater Isle and Galway Homeowners Association share in common?

A: Pargett Association Management, frustration, and finally — savvy communication via the Internets (in that order).

Sample from other HOA's blog:

OK Nick, You don't play nice.

Galway HOA homeowner Tony Green posted this blog over two years ago, but, gee, how some things never change. Through the magic of Google goodness, we bring it back for all to enjoy.

BONUS: How many similar frustrations do you share with Galway's owners?

Galway HOA Members Unsatisfied with Pargett Association Management

Galway HOA members in South San Francisco are also experiencing frustration with their HOA, managed by Pargett Association Management.

If you ask a hard question, you should get a swift and courteous answer, not a threatening letter from the BOD's lawyer.

Hello? Does the Edgewater Isle board of directors get it? Pargett Association Management's usual method of operation is antagonization and "lawyering up." This drives up costs for the homeowners. Homeowners should be demanding better.

Two blogs from Galway members regarding their frustrations with Pargett Association Management. Here's one blog*. The second one will be appearing shortly appears above.

UPDATE: Galway BOD blog owner* Anthony Green has removed his content.

Another Poor Review for Pargett Management

yelp.comThanks to a reader who pointed to this: Pargett Association Management's one and only entry on Yelp.com details still yet another homeowner's frustration with this management company:

"Phones are mostly answered by a voicemail system and calls are often not returned."

And that's the nice part. Read the full review. Let's take bets to see how long it will be before the shill fluff entries begin to appear.

Update: original review seems to have been moved. Here is the text and a screen shot of it:

yelp

If your homeowners association is in need of a property manager, I would recommend staying away from this one person outfit. This firm, solely run by its principal Nick Pargett, is an operation that apparently is hanging by a shoestring. Based on the way firm is run, one may conclude that the firm does not manage enough associations to run a professional operation. Phones are mostly answered by a voicemail system and calls are often not returned. If a homeowner is in need of service, my experience is that Pargett will not likely provide this unless forced to by mounting pressure. A recent story found online points that Pargett allegedly deposited a significant size check inappropriately and did not belong to the organization it was deposited to. He has a record of working with boards that spend vast amounts of money that are significantly above the average, which results in very high monthly and special assessments. While the firm does have a domain name, the webpage has been under construction for years and is limited to a "contact us" email link. To find more information about this firm, I would recommend doing a Google search for either "Nick Pargett" or "Pargett Association Management."

 

1917 Vista Cay Sells for $119,000 Under Asking Price and "Last Sold" Price

A 3BD, 2 BA townhouse at Edgewater Isle North that had been in the foreclosure process was sold for $119,000 under the asking price and its own "last sold" price.

Homeowner Questions Upcoming Annual Election

A South homeowner has questioned the South board's methods of the upcoming annual election.

After 22 years of always including information on the candidates who wanted to run for the board, the South has not included candidates's statements this year. Why not? What sort of monkey business is this board up to now?

For example, here is the letter that current president Barbara Finnegan used when she ran for the board in 2004. (Nevermind the part about being a licensed real estate agent—that was suspended in 2006. But that's another story.)

In the Newsroom: Financial Maldoings™ and Other Scandalous Sneaky Stuff

From the Rumor, Innuendo and Bad Stuff Department

While playing the home version of "Hide Your Integrity," apparently the Master Association property manager decided to deposit check(s) amounting to $16,000 or more inadvertently sent to him by the North Association that were intended as North Association's monthly reserve account deposits. These checks were payable to Edgewater Isle North Homeowners Association, not Master.

The Master Association property manager deposited the funds, and has unilaterally decided that he won't give them back to the North Association. Master Association is supposed to have a meeting (a secret meeting? not so secret now) and discuss this.

What on earth is going on here? Anyone care to comment? Are we all going to sue each other again and spend waste more money on lawyers?

South Association Homeowners Are Tired of Earthquake Insurance Premiums

Every Homeowner Paid $80.00 for This Letter

The Edgewater Isle South Association reports that the ballot measures of removing the board of directors and allowing homeowners to vote to retain earthquake insurance were defeated. However, the vote to dump the earthquake insurance actually received a majority vote. Read on. The South Association also mentioned that they spent between $6,000 - $8,000 to defeat these measures.

Earthquake Insurance Vote Received Majority

The question whether to stop the earthquake insurance actually received a majority vote: 38 in favor, 32 against. Why didn't more homeowners vote? Perhaps the Board of Directors will realize that homeowners ARE TIRED of the outrageous premiums.

EDITORIAL COMMENT: The South Association honestly believes that spending $8,000 on lawyers to defeat special balloting is money well spent? How could they have spent $8,000 on it?

Every homeowner should buy a lovely mahogany frame for this letter that cost them $80.00 each, spent on lawyers of course.

Edgewater Isle Unit Foreclosure Auction February 27, 2008 March 27, 2008

A two bedroom, two and one-half bathroom is scheduled for foreclosure auction on February 27, 2008 March 27, 2008. The public notice:

NOTICE OF TRUSTEE'S SALE
TS # CA-07-110730-JB Loan # 14445696

YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 4/13/2005. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. A public auction sale to the highest bidder for cash, cashier's check drawn on a state or national bank, check drawn by state or federal credit union, or a check drawn by a state or federal savings and loan association, or savings association, or savings bank specified in Section 5102 to the Financial code and authorized to do business in this state, will be held by duly appointed trustee. The sale will be made, but without covenant or warranty, expressed or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the note(s) secured by the Deed of Trust, with interest and late charges thereon, as provided in the note(s), advances, under the terms of the Deed of Trust, interest thereon, fees, charges and expenses of the Trustee for the total amount (at the time of the initial publication of the Notice of Sale) reasonably estimated to be set forth below. The amount may be greater on the day of sale. BENEFICIARY MAY ELECT TO BID LESS THAN THE TOTAL AMOUNT DUE.

Trustor(s): MARTHA BEATRIZ RAMOS AND MARCO ANTONIO MANZO, WIFE AND HUSBAND AS JOINT TENANTS

Recorded: 4/22/2005 as Instrument No. 2005-066119 in book - , page - of Official Records in the office of the Recorder of SAN MATEO County, California;

Date of Sale: 2/27/2008 at 1:00 PM
Place of Sale: At the Marshall Street entrance to the Hall of Justice and Records, 400 County Center, Redwood City, CA.
Amount of unpaid balance and other charges: $524,211.92

The purported property address is: 1609 Via Laguna 4 San Mateo, CA 94404 Assessors Parcel No. 108-660-040-8

The undersigned Trustee disclaims any liability for any incorrectness of the property address or other common designation, if any, shown herein. If no street address or other common designation is shown, directions to the location of the property may be obtained by sending a written request to the beneficiary within 10 days of the date of first publication of this Notice of Sale. If the Trustee is unable to convey title for any reason, the successful bidder's sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse.

Date: 2/7/2008 Quality Loan Service Corp. 2141 5th Avenue San Diego, CA 92101
619-645-7711 For NON SALE information only
Sale Line: 714-259-7850
or Login to: www.fidelityasap.com
Reinstatement Line: (619) 645-7711 ext 3704 Jennifer Basom, Trustee Sale Officer

If you have previously been discharged through bankruptcy, you may have been released of personal liability for this loan in which case this letter is intended to exercise the note holder's rights against the real property only. THIS NOTICE IS SENT FOR THE PURPOSE OF COLLECTING A DEBT. THIS FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE HOLDER AND OWNER OF THE NOTE. ANY INFORMATION OBTAINED BY OR PROVIDED TO THIS FIRM OR THE CREDITOR WILL BE USED FOR THAT PURPOSE. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit report agency if you fail to fulfill the terms of your credit obligations. ASAP# 975691 02/07/2008, 02/14/2008, 02/21/2008
2/7, 2/14, 2/21/08
SPEN-1276650#
EXAMINER - SAN MATEO

A Second Vista Cay Unit Slated for Foreclosure Auction

1916 Vista Cay has been scheduled for auction on March 6, 2008 April 9, 2008. This is the second 3-bedroom, 2-bathroom unit scheduled for auction this March. Its neighbor, 1917 Vista Cay, is also scheduled for auction.

Pargett Association Management Receives Two Four One-Star Negative Reviews one star out of five

Update: Pargett Association Management's negative reviews are up 100%! Now up to 4 one-star reviews (not to be confused with a four-star review). And, BONUS, at least three of these reviews don't belong to EdgewaterIsle.com staff members.

Previous article:

Pargett Association Management has received two negative reviews from customers. Homeowner Traci L. Gatewood-Jacquet states that Pargett Association Management:

"does not return phone call, respond to emails or any other written form of inquiry"

Hum......where have we heard that before?

See full review here.

Edgewater Isle South Association Board Fails (AGAIN) to Adhere to Members' Petition, Violates Its Own Governing Documents

In the letter from the Edgewater Isle South Association Board of Directors dated December 6, 2007, they acknowledged they had received a petition for a special meeting to hold a vote on two agenda items:

1) to remove the board of directors and
2) allow a vote whether to retain earthquake insurance

and that ballots would be sent by February 4.

Ballots were postmarked February 4, 2008, a full 2 months after the Association received the petition. (Way to be on top of things!) And then, Edgewater Isle South Owners Association mailed the ballots without calling the meeting, as mandated by California law, and as the Association had previously acknowledged. What's wrong with you people? Don't you know your own CC&Rs?

The Edgewater Isle South Owners Association C C&Rs state for a special meeting:

6.2 SPECIAL MEETINGS: A special meeting of the Members must be promptly scheduled by the President, or, if the President refuses or is unable to, by any Director, upon:

6.2.1 A vote of the Board itself; or
6.2.2 Receipt by the Board of a written request for such a meeting signed by Members representing not less than five percent (5%) of the total voting power of the Association.

So, are you lazy or obstinate? Shame on you Lynn Hanlon, Barbara Finnegan, Sylvia Morrison, Jim Newell, and Michele McLaughlin. SHAME ON YOU!

EDITORIAL COMMENT: Sufficient to put the Board back in its place for the time being?

Edgewater Isle South Association Passes Special Assessment

With slightly over half of homeowners voting, one-third of homeowners voted to pass a special assessment of $2,500 on the remaining two-thirds of the homeowners. The vote was very close, and in fact, homeowners should demand a recount. Voting results were mailed to homeowners on January 25, 2008.

See memo accompanying the assessment passage.

Updated: Foreclosure Auction Date Set For Edgewater Isle Unit

The 3-bedroom, 2-bath unit at 1917 Vista Cay will be auctioned for sale on Friday, February 8, Monday, March 10 , 2008, at 12:30 p.m. Below is the public notice:

Trustee Sale No.: 20070134010445
Title Order No.: 1147152
FHA/VA/PMI No.:

NOTICE OF TRUSTEE'S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST, DATED 8/7/2006. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER.

NDex West, LLC, as duly appointed Trustee under and pursuant to Deed of Trust Recorded on 08/17/2006 as Instrument No. 2006-123774 of official records in the office of the County Recorder of San Mateo County, State of California. Executed By: Vicente Carlos, will sell at public auction to highest bidder for cash, cashier's check/cash equivalent or other form of payment authorized by 2924h(b), (payable at time of sale in lawful money of the United States).

Date of Sale: 2/8/2008
Time of Sale: 12:30 PM
Place of Sale: At the Marshall St. entrance to the Hall of Justice and Records, 400 County Center, Redwood City, CA
Street Address and other common designation, if any, of the real property described above is purported to be: 1917 Vista Cay , San Mateo, CA 94404 APN#: 108-770-070-2

The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. Said sale will be made, but without covenant or warranty, expressed or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the note(s) secured by said Deed of Trust, with interest thereon, as provided in said note(s), advances, under the terms of said Deed of Trust, fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust. The total amount of the unpaid balance of the obligation secured by the property to be sold and reasonable estimated costs, expenses and advances at the time of the initial publication of the Notice of Sale is $551,571.00. The beneficiary under said Deed of Trust heretofore executed and delivered to the undersigned a written Declaration of Default and Demand for Sale, and a written Notice of Default and Election to Sell. The undersigned caused said Notice of Default and Election to sell to be recorded in the County where the real property is located.

For Trustee Sale Information Please Call:
Priority Posting & Publication
17501 Irvine Blvd., Suite One
Tustin, CA 92780
714-573-1965
www.priorityposting.com
NDex West, LLC as Authorized Agent
Dated: 1/16/2008
NDex West, LLC may be acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
P356053 1/19, 1/26, 02/02/2008
1/19, 1/26, 2/2/08
SPEN-1264503#
EXAMINER - SAN MATEO

Another HOA Looks to Remove Board of Directors

An article appears on Redding.com about a HOA in Lake California and homeowners' efforts to remove their board of directors for financial mismanagement.

"It has gotten ridiculous," said Lois Nelson, a 54-year-old resident who has lived in the community since 2003. "They're spending money like crazy. They're spending us into the ground."

See the article.

South (Finally) Acknowledges Petition for Removal of Board and Vote on Earthquake Insurance

The Edgewater Isle South Association finally acknowledges its receipt of the SECOND petition submitted to remove the board of directors and to allow the homeowners an opportunity to vote on keeping earthquake insurance.

Why did it take the Association so long, and why were they so difficult? Any ideas other than this is a typical BOD run amok with power?

Other San Mateo Homeowners Associations Dump Earthquake Insurance

See other San Mateo HOAs who have dumped their outrageously expensive earthquake insurance:

South Association and Tom Fier at It Again

Wanting to foreclose on the elderly. SHAME! More details.

$2,500 Special Assessment Proposed at Edgewater Isle South

assessments are burning your moneyThe Board of Directors is now proposing a special assessment of $2,500 per unit at Edgewater Isle South, or they'll raise the dues by 19%. Is this legal?

See one homeowner's email to other owners regarding this continuing financial irresponsibility.


Second Petition to Remove South Board

Excerpt of Petition to remove board of directorsThe Edgewater Isle South Association's attorney received a letter, sent via UPS (i.e., it can be tracked), and petition to remove the South Board of Directors.

This petition contains the legal names, addresses, and signatures of 5% of the ownership (5 members) who have signed the petition and who want to have a vote to remove the current board and to vote on earthquake insurance.

The UPS web site shows that the association's attorney received this petition on November 21, 2007.

See it here.


Association's Attorney Is Silly

A South Association homeowner has initiated a board removal and to allow a vote of earthquake insurance. She sent a UPS letter to the Association Manager Nick Pargett's home address because the United States Postal Service claims the certified letter was lost.

Because Mr. Pargett's habit is to sit in a locked office, the South Association resident sent the legal documents to the property manager's home, resulting in this amusing letter from Berding & Weil attorney stating that sending a letter via UPS to the association manager is some sort of criminal activity and a police report has been filed.

See it here.

EDITORIAL COMMENT: Police report! LOL! rolling on floor laughing

Association Manager Nick Pargett Refuses to Meet with Homeowner

On November 1, 2007 at 2:08 p.m., Nick Pargett refused to answer his locked office door during normal business hours to meet a homeowner who stopped by on association business.

Homeowner knocked on door, Mr. Pargett replied "Who's there?" After hearing who, Mr. Pargett said, "Make an appointment." Petition to remove board of directors was slipped under the door and witnessed by two individuals.

After refusing to answer the door, Mr. Pargett pretended his email address was invalid.


Nick Pargett Pretends His E-mail Address is Invalid

Or How Ignorance Bites Back......

How Nick Pargett Bounced EmailToday's issue of "Avoiding Those Who Pay You" revisits lead character property manager Nick Pargett avoiding homeowners by pretending his email address is invalid.

However, a little investigation into such email by the initiated shows that Mr. Pargett did indeed receive the email and wanted the sender to think his email address was invalid by using Apple Mail's "Bounce" feature:

 

 

 
X-Apparently-To: edgewaterislX@yahoo.com via 206.190.49.57; Thu, 01 Nov 2007 16:15:22 -0700
X-Originating-IP: [69.147.64.88]
Return-Path: <nick@pargett.com>
Authentication-Results: mta272.mail.mud.yahoo.com from=; domainkeys=neutral (no sig)
Received: from 69.147.64.88 (HELO smtp115.sbc.mail.sp1.yahoo.com) (69.147.64.88) by mta272.mail.mud.yahoo.com with SMTP; Thu, 01 Nov 2007 16:15:21 -0700
Received: (qmail 19567 invoked from network); 1 Nov 2007 23:15:21 -0000
Received: from unknown (HELO ?192.168.0.5?) (nikko50@sbcglobal.net@69.237.120.35 with plain) by smtp115.sbc.mail.sp1.yahoo.com with SMTP; 1 Nov 2007 23:15:21 -0000
Mime-Version: 1.0
Content-Type: multipart/report; report-type=delivery-status; boundary=C9A87609-CA2E-47BD-AAC6-6C9CFEA48C3C
Received: from [206.190.49.57] ([206.190.49.57]:57458 "HELO web53107.mail.re2.yahoo.com") by ams11.chi.affinity.com with SMTP id S366927AbXKAVj1; Thu, 1 Nov 2007 15:39:27 -0600
Received: (qmail 61876 invoked by uid 60001); 1 Nov 2007 21:39:27 -0000
Received: from [68.26.211.138] by web53107.mail.re2.yahoo.com via HTTP; Thu, 01 Nov 2007 14:39:27 PDT
X-Mailer: Apple Mail (2.752.2)
From: postoffice@
Subject: Returned mail: User unknown
Resent-From: nick@pargett.com
Auto-Submitted: auto-generated (failure)
To: "Edgewater Isle" <edgewaterisle@yahoo.com>
Content-Length: 4360
The original message was received at 2007-11-01 16:12:19 -0700
from postoffice.local [10.0.0.1]


----- The following addresses had permanent fatal errors -----
nick@pargett.com

NICE TRY! (Note to Nick: You're not the only one with a Mac. And you may want to bone up a little on how those internets work....)

Remove South Board of Directors

Recall/Removing the Board Under the New Law

It's the responsibility of the HOA to get back to homeowners in 20 days, prepare two ballot packages to be mailed at the same - one for recall election itself and one for electing board members if the recall is successful (which would have "write in" capabilities because potential candidates will necessarily be identified ahead of the recall/removal meeting},with complete instructions to owners as to how the processes at the meeting will be handled for both elections The HOA is responsible to schedule a Special Meeting. The counting of the ballots must comply with HOA Law.

Moxi Posner 2247 Vista Del Mar, San Mateo, CA 94404 (650) 572-9447

October 18, 2007

To: Edgewater Isle South HOA Board of Directors,
Removal/Recall of the HOA Lynn Hanlon, Jim Newell, Barbara Finnegan, Michelle McLaughlin, Sylvia Morrison

PETITION
It is the responsibility of the HOA and Nick Pargett, Property Manager to get back to homeowners within 20 days.

Petition issues contained herein:

Issue # 1

PETITION FOR REMOVAL/RECALL OF THE ENTIRE BOA (Board of Directors}, Edgewater Isle South, 2007.

Issue #2

PETITION TO AMEND THE CC& R's FOR MANDATORY VOTING FOR EARTHQUAKE INSURANCE.

signatures

Edgewater Isle in a Flood Zone?

Minutes from the South's board meeting on August 23, 2007 show:

INTERASSOCIATION ISSUES:

2. United Homeowners: FIMA is re-looking at flood zones. This may impact Edgewater homeowners and require them to obtain flood insurance.

EDITORIAL COMMENT: What is FIMA? Did the Association mean "FEMA?"

The City of San Mateo has been holding a series of meetings regarding this topic. Read more here or see the City of San Mateo's web site on this topic.

 

"At the July Board Meeting....State of the Roads!"

Street lifting on Miramar by Vista del SolEdgewater Isle North encourages members to contact the Edgewater Isle Master Association about the poor repair of the roads. The paragraph below is excerpted from the Edgewater Isle North August 2007 newsletter:

“...Much of the talk was regarding a recurring topic: the state of the streets, parking areas, curbs, and gutters around the complex. The board has requested the Master Association make immediate repair of the worst of the problems,... yet some of the areas are getting dangerous. ”