Numerous complaints about speeding
|Recology truck caught on video|
|Car speeding through Edgewater Isle|
Edgewater Master Association had ignored a speeding problem, so a homeowner was left no alternative but to publish his efforts in trying to get something done to fix this problem.
The homeowner approached the Edgewater Isle Master Association for over a year, trying to get their attention on a recurring speeding problem. Board member James Newell wants to "study" the issue, so the board of directors delayed action while purporting to "study" the issue. But nothing in their "study" shows that they ever went out in the morning to watch drivers. Without restoring to a bunch of busy work, including measuring the distances between speed bumps already installed or forming a committee, why not just go out and look at the problem?
So, we did it for them.
And it wasn't hard to see a number of people speeding down the street. Videos taken on a random day, Friday, November 4, 2011, show a multitude of speeders in the complex.
The first video on the right shows a Recology (trash collection) truck speeding through Edgewater Isle on Vista Del Mar. The driver knew he was speeding because he hit the brakes and slowed down when he saw the camera that was capturing him. And take note where the driver and other guy just look at the camera. Knowing they were busted!
The second video shows a car speeding down Vista Del Mar and out the south exit of the complex. The car did not even pretend to stop at the stop sign, and in fact, took the turn at such a fast clip that s/he was forced to drive in the oncoming traffic lane because the speed of the car would have allowed anything but.
And the third video shows more of the same.
What has the board done?
There are 2 previous instances of the Edgewater Isle North association reminding drivers to slow down. Newsletters from the North Association in 2002 and in 2005 included a paragraph that homeowners should slow down. One newsletter reported that the board of directors had received "numerous complaints about drivers running stop signs as well as excessive driving speeds."
Isn't that pretty much what we're talking about now?
Minutes that precede each of these newsletter dates (particularly February 2002 but also April 2005) , however, do not mention this correspondence or complaints at all.
And there is no mention in the Master's minutes of these complaints either. So was the North negligent in following up to the Master Association about these complaints? Maybe. Or were the North's minutes inadequate? Probably.
And then finally, in October 2003, the Master Association discusses "an update" of putting in 2 additional speed bumps. But interestingly enough, there is no mention of how this issue began, only the end result: the minutes for July, August, and September 2003 make no mention of any discussion why or how the speed bumps came to be.
It's kind of hard to imagine how the management company, Pargett Association Management, just decided on its own to obtain bids for putting in speed bumps without any prior discussion noted in the minutes.
What else was omitted? Why are the minutes always inadequate?
Logic that will make your head spin
In 2010, this homeowner addressed the board of directors to do something about the speeding.
Fast forward a year: the board of directors has sat on its hands and done nothing about the problem while throwing busy work at the homeowner over "forming a committee", but
bored board member James Newell said:
"(The homeowner's) input should be considered only as an initial input to get an approval by the Board for a Committee recommendation." BUT..."Based on his input it's not clear that I can recommend a committee be formed."
- Email from "James Newell," Wednesday, September 07,2011 11:53 AM
The Edgewater Isle Master Association DID NOTHING in a year. So, the homeowner who has been trying get the (suspended) Edgewater Isle Master Association to pay attention took his message to the homeowners. A year after first addressing his concerns to the board of directors, the homeowner distributed a flyer throughout the complex urging homeowners to come to the next board meeting and complain of the speeding problem that the board of directors has chosen to ignore.
The Master Association Is Inefficient
December 12, 2011
Board Wastes $800 of Homeowners' Money
The agenda for today's Master Association board meeting included a presentation from a traffic engineer who was supposed to "report and make recommendations regarding the speeding and traffic issues within the community."
Well, what a waste of $800 that was. The "engineer" showed up without any report and said she had only been out to Edgewater Isle once. TODAY! The engineer told the board that she never had any instruction to write a report.
Then, the ever-stupid board of directors told homeowners that they, the homeowners, couldn't tell speeders to slow down. WHOA! Really?
As if that's not bad enough, look at this recent article in the LA Times about a board of directors who didn't listen to a renter who complained about speeders in their complex:
"Knew of the potential danger but took no steps to correct it." Emphasis added.
Awww.....Master Board is “unnerved.”
January 8, 2012
But then, this. Why is the Edgewater Isle Master board of directors simply incapable or unwilling to work with a homeowner?
On December 30, the homeowner who has tried to work with the Edgewater Isle Master Association board of directors for over 1 year on this speeding problem received this letter from HOA-industry law firm Berding and Weil. Berding and Weil does its usual job of "documenting the issue" of the "troublesome homeowner" with its predictable pattern of portraying a near-crisis from problems initiated by the homeowner.
Please read their letter and take note of Berding and Weil's characterization of this homeowner, one they'd probably like to sue, and this sort of letter is the first salvo in such an action. It's part of the intimidation pattern that Berding-Weil regularly uses.
Where do we begin?
First, the characterization of "unnerving" is hyperbole and is used for dramatic affect. Lawyers love this stuff. Anyone who has seen this enough times knows that it is typical attorney bravado regularly played by Sandra Bonato.
Second, you may be asking yourself if a HOA-industry law firm is allowed to issue restraining orders on homeowners now? The answer is NO. But that doesn't stop them. They're quite familiar with these sorts of tactics. It is meant to intimidate the recipient.
And finally, the funny part:
"The association recognizes that its efforts to calm traffic might not be noticeable to you."
What a joke. The Association HAS DONE NOTHING which is why nothing is noticeable. Talking with someone over the phone, someone who comes out and looks at stuff without preparing a report IS THE DEFINITION OF DOING NOTHING. Forming committees to talk about stuff is all well and good, but when videos are put up on YouTube showing speeders and an article in the LA Times is written about you, most people would get going. Meetings come and go, your board directors unnervingly yell at homeowners, all while you defend bad decisions and sick your attorneys on the homeowner to deflect your neglect.
And of course, the Edgewater Isle Master Association does not have the courage to name who is complaining, do they? No. Are these "complainers" actually the board themselves? Probably.
And you do this, all the while having meetings while you were a suspended California corporation, filing lawsuits while suspended and failing — TWICE — to show up in court on your own cases and holding meetings, and taking title to a unit.
Get your own house in order. It's filthy.
Rest in Peace
November 2, 2012