Recall: Edgewater Isle South HOA Disregarded California HOA Law
February 6, 2008
Sent via UPS CERTIFIED EXPRESS MAIL
UPS Tracking Number 1Z 833 919 01 4961 119 2
Moxi Posner ADDRESS REDACTED San Mateo, CA 94404 650.572.9447
TO: Berding & Weil LLP - Attorney Sandra M. Bonato
FROM: Moxi Posner
RE: Recall Process - HOA LEGAL NEGLIGENCE - Edgewater Isle South
In my letter to you, dated January 19, 2008, I stated, "we are expecting you to function, to perform as a respectable, responsible attorney during the Recall process. Eyes will be on you." See enclosed. What happened, Attorney Banoto, the HOA performed with disregard to the law, disregard to homeowners rights on your legal counsel watch?
It is NOT my responsibility, nor my job to advise Edgewater Isle South~ HOA the legal procedure for a Recall vote. As legal counsel for the HOA, it is your responsibility, your ETHIC DUTY to ensure that the Recall procedure is legally correct. The Recall was prepared with DIRECTORS NEGLIGENCE pertaining to the California Condo & HOA Law. Many serious HOA Recall legal transgressions were committed on your legal watch. The HOA did not schedule a SPECIAL MEETING as requested in the Petitions, dated October 18,2007 and in the second petition. As an HOA attorney, and from your writings, I know that you know the California Condo & HOA Law, yet the board DID NOT ABIDE by the law on your legal counsel watch. Why is that? The board did not prepare an envelope 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). See enclosed board rejected petition dated October 18, 2007 and the second petition. What happened Attorney Banota, you are the legal counsel for the board? These omissions were done on your legal counsel watch. THEY MUST BE RECTIFIED. WE MUST HAVE WRITE IN CAPABILITIES. Please prepare the write in envelopes, AS TIME IS OF THE ESSENCE. As it stands now the Recall is not valid because of the board's negligence on your legal counsel watch. What about the Special Meeting? How do you handle that problem?
You Attorney Sandra M. Bonato, and Attorney Steven S. Weil, both of you from Berding & Weil, wrote an article together about the Recall Meeting, yet the HOA you represent, legal counsel, DID NOT DO IT. It states in the article you wrote, Who Does the Association's Lawyer Represent? "Counsel represents the association - not the board or its directors, a particular faction of members, or the
manager. Association counsel is REQUIRED TO BE STRICTLY IMPARTIAL. His or her role is to help ensure a fair and reasonable process, with results that have legal and political integrity. Counsel's expertise, experience, ability to communicate, fairness and objectivity - in providing advice, drafting documents and responding to questions arising at the recall meeting - can help foster respect for the board and the political process." How come you did not perform these ethic duties for the homeowners at Edgewater Isle South? Very serious and alarming to say the least, Attorney Bonato.
Just to remind you California Condo & HOA Law states -see enclosed petition to the board dated October 18, 2007 - Recall/removing the HOA 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 ti.me - 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. Again, Attorney Sandra M. Bonato as legal counsel for the HOA it is your ethic duty to have had the board comply with California Condo & HOA Law. It was NOT DONE, why is that?
What I state here is critically important. I am requesting that you as legal counsel for the HOA, strictly impartial counsel for the recall process, legally remedy this unconscionable mess of a recall that Lynn Hanlon, Barbara Finnegan, Michele McLaughlin, Jim Newell, Sylvia Morrison, and property manager, Nick Pargett created. They seem to always have their own agenda rather than adhere to the California Condo & HOA Law.
This document is being sent UPS Certified Express mail in order to expedient a legal solution to this extraordinary serious problem. For you to show good faith, it is imperative that I hear from you on the recall dilemma by Tuesday, February 12, 2008 so I am apprised ofwhat and how you are going to correct this disgusting legal situation. PLEASE do not force me into alternative methods to remedy this recall debacle. I look forward to your reply.
The earthquake vote must be adhered to according to homeowner's wishes. All those earthquake codes have tons of loopholes. If the board decides to play loophole games with homeowners, I feel it would antagonize homeowners and once again it would fall on legal counsel to do what it morally and ethically proper for Edgewater Isle South homeowners.
The board of Edgewater Isle SHOULD RESIGN because of their legal, moral, and ethical transgressions. Negating the California Condo & HOA Law is of legal paramount ramifications, and you Attorney Bonato is the HOA's legal counsel.