A L E R T

July 23, 2022

ALERT On July 7, 2022, Bellwether Election Solutions sent a letter to Edgewater Isle Master Association members indicating that convicted felon Kelly McGuirk is again running for election to a board of directors at Edgewater Isle. This time, McGuirk has submitted her candidacy for the Master Association in an election to be held on August 6, 2022. In 2016, McGuirk was removed from the Edgewater Isle North Association board of directors by a vote of owners.

Kelly McGuirk has been convicted of multiple felonies for theft. Previously while on the Edgewater Isle North board of directors, she "Swindled a Free Lawn from a Patsy Board of Directors" and bought herself some Starbucks coffee and called it "office supplies." Further, McGuirk promoted her husband's business to the association while she also requested a restraining order against him.

McGuirk has at least 8 criminal convictions, including at least two she committed while living at Edgewater Isle. McGuirk has petitioned the court for dismissal of these convictions after conviction but the records remain. Those convictions are discussed below.

The candidate statement McGuirk submitted for this election is here.

 

Would you give a convicted thief your checkbook? Edgewater Isle did. Repeatedly.

excerpt from Kelly McGuirk's 1996 police report when she shoplifted

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 6 convictions for theft, including 2 felonies and 4 misdemeanor convictions, and served time in San Mateo County jail for these convictions.

Association meeting minutes show that McGuirk was first appointed to the Edgewater Isle North board of directors in October 2001, mere months after completing three years of probation for a probation violation for a theft conviction.

San Mateo County's website

From 1986 - 2010, the San Mateo County Court's web site lists the following criminal cases for McGuirk:

Kelly McGuirk's criminal convictions

And 1 more felony case with a misspelled last name. (These two cases were consolidated as one.)

Kelly McGuirk's criminal convictions (with her name misspelled here)

What are the convictions for?

Theft, multiple counts of theft. Safeway is a favorite target, and she appeared to be well known at one particular Safeway.

Let's take a closer look at these convictions:

  • 1986: Kelly McGuirk was convicted of misdemeanor theft.

  • 1993: Kelly McGuirk was convicted of misdemeanor theft. Sentenced to 30 days in jail and 2 years probation

  • 1995: Kelly McGuirk was convicted of misdemeanor theft from Safeway. Sentenced to 20 days in county jail.

  • 1996: Kelly McGuirk was convicted of felony theft, again from Safeway. Sentenced to 2 years probation and 40 days in jail. And a probation violation which extended probation for 2 additional years.

  • 1997: Kelly McGuirk was arrested for felony theft at Safeway. Again. This time, complete with a mention in the Foster City Progress newspaper. Held in custody until $10,000 bail was posted. Sentenced to 6 months and 25 days in county jail, 6 months allowed as house arrest with electronic monitoring. Misdemeanor conviction.

  • 2008: Kelly McGuirk was convicted of felony theft, yet again from Safeway. This time, the Court ordered her to stay away from Safeway.

  • 2009: Kelly McGuirk was convicted of felony theft for stealing for stealing 2 cartons of cigarettes from Costco. Defendant pleaded guilty on December 13, 2010 to the felony charge.

  • 2016: Kelly McGuirk was arrested for assault.

Commentary

News of these criminal convictions sheds new meaning on her past behavior:

  1. McGuirk attempted to impersonate another homeowner to obtain court documents.

  2. McGuirk obtained landscaping after it was expressly denied by the Board, as reflected in meeting minutes. McGuirk also signed the check for this expense.

  3. McGuirk expensed personal expenses to the association as "office expenses" at least once.

  4. McGuirk ran an advertisement for her now-husband's business in the newsletter for over 7 years, all the while saying there is no affiliation.

Is anyone else disturbed that a board member who had access to checking accounts and homeowners' personal information is a repeatedly-convicted thief? The Edgewater Isle boards of directors have a fiduciary duty to homeowners to investigate their checking accounts in light of this information. One board of directors already

Convicted felon back on the North board of directors

McGuirk has at least seven theft convictions

Edgewater Isle omits last names of board members, trying to hide who is on the board.The June newsletter for the North Association contains a sentence at the end reading "Your board of directors, Annalee, Kelly, Peter, Ruth, and Parker wish you and yours a Safe and Happy 4th of July."

This is very odd, because the North newsletters, for as long anyone can remember, have always fully named the board of directors. Since when did "my" board of directors start going by one name, like "Cher" or "Madonna?"

Sources say that the North board of directors has appointed a former board member back on the board. In light of earlier stories that ran on this website about that individual's multiple felony convictions, manipulation of association assets for personal benefit, self-dealing transactions (promoting a family business while denying its affiliation), billing personal items to the Association, and misrepresentation to the Court, the Board of Directors may be trying to hide this appointment from the community.

Meeting minutes cannot hide the full names of the board of directors. And since this newsletter is a monthly communication from the Association, we have to ask, loudly, why last names were omitted here.

In June 2015, the Edgewater Isle North board of directors re-appointed Kelly McGuirk back to the board of directors. A known, convicted felon, was placed back on the board of a homeowners association.

Is anyone else disturbed that a board member who had access to checking accounts and homeowners' personal information is a repeatedly-convicted thief? The Edgewater Isle boards of directors have a fiduciary duty to homeowners to investigate their checking accounts in light of this information. One board of directors already knowingly let her landscape fraud slip by. That's you, Sherry Mallett.

Update: November 27, 2016

This page was originally published in July 2010, and the Edgewater Isle board of directors apparently ignored the previously-mentioned questionable transactions.

Then, in November 2016, the Board of Directors sought a vote of owners to remove Kelly McGuirk from the board, and alleged that Kelly McGuirk had created fake e-mail correspondence, misrepresented her identity to a vendor, and interfered with the Association's responsibilities.

Kelly McGuirk removed from board of directors

The membership of the Edgewater Isle North Homeowners Association voted to remove board member Kelly McGuirk from the board of directors by a vote of the members that was tabulated on December 19, 2016. The membership voted 102 in favor of removal and 8 against removal. 15 ballots were determined to be invalid ballots (not signed, unregistered transfer of ownership).

The board of directors knew or should have known of the issues with McGuirk

They were warned here, and here, and here, and here, and here, and here, and here, and here, and here, and here, and here, and here.

The members have voted to remove Kelly McGuirk from the board of directors.

 

 


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Kelly McGuirk's Criminal Past

On and off again board member had access to the HOA's checking account while being a convicted thief.

2016: Arrested for Assault
2009: Convicted of Theft
2008: Convicted of Theft
1997: Convicted of Theft
1996: Convicted of Theft
1995: Convicted of Theft
1993: Convicted of Thefts
1988: Convicted of Theft
1986: Convicted of Theft