Edgewater Isle associations fail to provide roster

Edgewater Isle homeowners associations frequently act outside the bylaws and prevent homeowners from receiving a membership roster upon request. When you bought your place at Edgewater Isle, that you had to sign off on a lot of disclosure documents, including the associations' bylaws. Owners likely felt that the associations would comply with what those bylaws stated, but real-life doesn't show that to be the case.

Let's say you want a homeowner roster because you want to run for the board of directors, or you want to communicate with others about proposed changes to the C C & Rs, or that you have another issue you want publicize. Edgewater Isle homeowners associations have a frequent pattern of denying the roster to owners.

Corporations are required to keep a record of its members, with their names and addresses under California Corporations Code ยง8320(a). Except for telephone numbers and email addresses, members have the right to inspect and copy the association's membership list except for any homeowners who opted-out of the membership list.

1992 Master Bylaws

Inspection by Members: The membership register (including names, addresses, and voting rights), books of account, and minutes of meetings of the members ...shall be made available for inspection and copying by any member of the Association ....

 

1992 North Bylaws

Inspection by Members: The membership register ...shall be made available for inspection and copying by any member of the Association .... at any reasonable time and for a purpose reasonably related to his interest as a member ....

 

Both associations' documents clearly state that a homeowner is entitled to inspect and copy the roster. But the associations, in fact, fail to provide it. The associations' well-documented control-freak attitude dictates their routine denial of such request. All requests to the association are now met with the newly-found interest in protecting the homeowners' "privacy." But they're not concerned with your privacy. They're only concerned with any dissenting opinion thwarting them.

The bylaws of North and Master associations have been updated since 1992, and the later versions also include the right to obtain a homeowner roster. But that doesn't mean you'll get one. Is past performance any indicator of future performance? Probably.

Here are several examples of why and how Edgewater Isle will never provide you a roster:

 

Edgewater Isle Master Association denies a homeowner access to the homeowner roster, and 
demands that a homeowner provide a reason for wanting to inspect the financial records

 

And what's with the lawyer's final statement (on page 2) that the association will not mail any materials that are "libelous or otherwise inappropriate?" Who gets to decide what's "inappropriate?" Anything a board member doesn't agree with? Yes: a homeowner's dissenting opinion will always be determined to be "inappropriate."

But years earlier....

The roster was provided under a different Corporations Code section that Edgewater Isle homeowners associations now conveniently skip.

 

Or let a homeowner provide a "letter to the editor" in the newsletters

Because the HOA newsletters ALWAYS contain brand new information every month, NOTHING is ever repeated for years on end, there is no room for a homeowner's opinion or "letter to the editor" in their retread newsletter, as clearly documented by well-paid flack attorney Steven Weil:

SOLUTION: Get a website instead

In recent years, Edgewater Isle homeowners associations repeatedly fail to live up to their obligation of providing the roster to a homeowner upon request or provide any way of a homeowner to communicate ANY opinion at all.

Instead of playing this game, homeowners should be smart and get a web site where you can publish your dissenting opinion for all to see. For less than the cost of postage to 324 homeowners, one can get a domain name and hosting for a year.

 


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Attorney General's Letter to Association

The California State Attorney General's office was involved in this dispute because the Association failed to honor its responsibilities under California Corporations Code.