To remove HIP's voting block

When Edgewater Isle was built, the associations all met together in one meeting, had one property manager, and the one property manager provided cohesiveness for what was going on in the three different associations. That all eroded.

In 2006, the Master Association proposed a chang to its bylaws and now included a section:

4.1 ... Two of the directors shall be Edgewater Isle North Association; two shall be members of Edgewater Isle South Owners' Association; and one shall be from the Senior Apartment Center.

Arguably, the North Association should have voted to block this proposed change to the bylaws and never let it pass. The North Association represents nearly 54% of the total units within Edgewater Isle, but with this change in the bylaws, only has 40% of the voting rights on the Master board of directors. The South Association, which has 24% of units in the Master Association, now has 40% voting rights. But the revised bylaws did pass and were finalized in 2007.

In 2008, two homeowners petitioned the members to change the bylaws of the Master Association to remove HIP's voting block of power. The homeowners responsibly followed all of the procedures enumerated in the bylaws, but the Master Association did not. The Master Association obfuscated, played games, and dragged their feet.

650-5XX-XXXX
Kelly Xxxxxxxxx
XXXX Xxx Xxxxx
San Mateo CA 94404		 Moxi Posner
2247 Vista Del Mar
San Mateo, CA 94404
650-572-XXXX

August 15, 2008


Mr. Joe D'Agostino
PML Management Corporation
655 Mariners Island Blvd., #301
San Mateo, CA 94404-1061

RE: Edgewater Isle Master Association - Board Meeting Agenda Item
Petition to Amend Bylaws

Dear Joe,

Please place the following topics on the agenda for the Edgewater Isle Master Board meeting in August:

  • Petition to amend the Bylaws to state that the owner of the Senior Apartment Center
    does not vote in the election of or recall of the North or South Association
    representatives to the Edgewater Isle Master Association Board of Directors.
  • A full description of the process, procedures and timeframes for an election to
    amend the Bylaws.

The petition signed by 27 homeowners is attached. We have met the required 5% of total membership for this petition to go forward.

We intend to be active participants in this election. Please contact us by August 22nd with the details on the procedures, process, and timeframes as we go forward with this election. We also want to be involved in the creation of the ballot materials, wording of the ballot statements, and handling and counting of the ballots. Furthermore, as this is an election, we have written a position statement to be enclosed with the ballot mailing. Our position statement is attached to this letter.

We look forward to hearing from you by August 22nd to confirm these topics are on the August agenda and to get the requested information on the process and procedures.

Kelly Xxxxxxxxx Moxi Posner

 

Attachments: Petition, Position Statement

Certified mail receipt to PML Management for Edgewater Isle Master Association petition to change bylaws

Petition to Amend the Bylaws
Edgewater Isle Master Association
August 2008

Overview
The concept of the Edgewater Isle Master Board is to provide representation for the homeowners in Edgewater Isle North and Edgewater Isle South as well as the owner of the Senior Apartment Center. The current owner of the Senior Apartment Center is HIP (Human Investment Project), a non-profit organization that helps provide affordable lowcost housing solutions in San Mateo County.

The Edgewater Isle Master Board is comprised of 2 directors representing Edgewater Isle North homeowners, 2 directors representing Edgewater Isle South homeowners, and 1 director representing the owner of the Senior Apartment Center.

The Issue

HIP, as the owner of the Senior Apartment Center, has 92 votes in any election held by the Edgewater Isle Master Association. They have 92 votes because there are 92 apartment units and they pay dues for each unit. YES- HIP has 92 votes and these votes are usually cast as a block vote. This block vote makes HIP more influential than any other property owner in Edgewater Isle.

The Bylaws allow the owner of the Senior Apartment Center, currently HIP, to appoint their board representative and to vote for the North and South Association homeowner representatives on the Master Board. The Edgewater Isle North and South homeowners cannot vote for or recall the HIP appointed representative.

We think that HIP should not participate in the election of or recall of the homeowner representatives to the Edgewater Isle Master Association Board.

In fact, in the last Edgewater Isle Master Board election, it seems the homeowners voted to elect Joe Totah, a homeowner from Edgewater Isle South. The HIP block of 92 votes changed the outcome of the election.

Action

HIP can and may be voting their 92 votes on this amendment to the Bylaws. We need everyone to vote to in order to overcome these 92 votes.

*** Talk with your neighbors *** Encourage them to vote ***
VOTE Yes to amend the Bylaws

Petition to Amend the Bylaws
Edgewater Isle Master Association
August 2008


We think that the owner of the Senior Apartment Center, currently HIP (Human Investment Project), should not vote in the election or recall of the homeowner representatives to the Edgewater Isle Master Association Board of Directors for the following reasons:

1. HIP appoints their representative to the board; they have representation.
2. HIP has 92 votes, usually voted in a block, which dominates election results.
3. The homeowner representatives should be elected by the homeowners.

By signing this petition you are requesting the Edgewater Isle Master Board to conduct an election to amend the Edgewater Isle Master Association Bylaws as follows:

Amend the Edgewater Isle Master Association Bylaws to state that the owner the Senior Apartment Center does not vote in the election of or recall of the North or South Association representatives to the Edgewater Isle Master Association Board of Directors.

 

EDITORIAL COMMENT: This petition was signed by 27 homeowners, 6 more than legally required. The Association had 20 days to respond, and they took 4 months to do so. Incompetence and indifference.