Edgewater Isle South Owners Association Suspended by California Secretary of State
July 17, 2010
Or "The Dog Ate My Homework"
The South Association has joined the incompetence displayed by the North Association when the North Association was also suspended by the California Secretary of State's office. A corporation cannot legally function as a corporation when its status is suspended.
Edgewater Isle South Owners Association sent a letter to homeowners today, along with a ballot to change the Association's name. You really have to read this: it's obviously written by a lawyer who moonlights for "Saturday Night Live."
The board questions an individual, but seriously: How could "the board," with all of their property managers, lawyers, and an 11-year term board member, fail to file such routine paperwork? The association has breached its duty to not keep the name paid for and viable. Why no mention of that?
Here's the Best Part
The Association claims that they were sending in amended forms that were returned for "clerical error and other minor reasons." If they KNEW these papers were not filed, how could they hold their July 6 meeting and call executive session for July 14 and still not disclose their suspended status to the homeowners?
See the form below that the Edgewater Isle South Association could not complete without making errors.
Clerical and other minor reasons" — HA! They did not meet the Secretary of State's criteria. Simple as that. Don't blame everyone else for your failure. This is the grown-up version of "the dog ate my homework." How many other "minor reasons" were there?
This is a bunch of cr@p. Everybody thinks you FORGOT.
Poor Us, We're Victims
Stop portraying yourselves the victim of something unforeseeable. Your lawyers are surely familiar with Boyer v. Jones (2001) 88 Cal.App.4th 220. There are reasons you were suspended: you failed to file required paperwork. You failed to file paperwork free of "clerical and other minor" mistakes. This is your own damn fault! You fail to do a lot of things (example: failure to honor the earthquake insurance petition). Quit whining!
And surely, if you had a legal leg to stand on, you would have used your lawyers to fight this.
The Association is free to question "vindictiveness" and "missions" all it wants. We'll question their competence and point out that they were given the opportunity and yet chose not to resolve this privately.
Here's the Part the Association Didn't Tell The Homeowners
Below is the statement every HOA is required to complete and send to the Secretary of State. Edgewater Isle South Owners Association claims they made "minor clerical and other" errors on their form, and it was returned because of those "errors."
How hard is it for anyone to complete this form? It's only one page, and there's no math on it.
How hard is that?