Master Association suspended for 3 months

The Edgewater Isle Master Association, through its professional management company agent Commo n Interest Management Services, has failed to maintain its active corporation status with the California Secretary of State. Edgewater Isle Master joins Edgewater Isle North and Edgewater Isle South who have also failed to maintain their corporation status.

Edgewater Isle Master HOA suspended by California Secretary of State

Sources at Common Interest Management Services indicate that the reason for the corporation being suspended is the State of California is slow to process the paperwork, and that they, Common Interest Management Services, have "been seeing this a lot."

The association failed to meet Franchise Tax Board requirements, specifically, "e.g., failure to file a return, pay taxes, etc." as defined by the Secretary of State, and as a result, the Secretary of State suspended the Master association on August 1, 2011.

Further, the Edgewater Isle Master Association failed to include any mention about their suspension in their 2011 year-end audit about either a tax problem or the suspension.

When a corporation is suspended by the California Secretary of State, the corporation is not legally authorized to conduct business as a corporation. Edgewater Isle Master Association was suspended yet continued to operate, publishing meeting agendas while they were a suspended corporation

Despite retaining so-called professional management companies, every single association at Edgewater Isle has been suspended at some point. The North has, the South has, and now the Master is.

Association Held Meetings While Suspended and Condos Closed Escrow

1580 Vista Del Sol, 1461 Via Vista, and 2359 Vista Del Mar closed while the association was suspended. Some or all of these condos may have had demands made upon them in escrow from the Edgewater Isle Master Association during its suspension when the association did not have legal authority to make a demand. While suspended, the association held August, September, and October board meetings, took title to a foreclosure. WOW!

Why did the Edgewater Isle Master Association fail to pay taxes or file a return? Is money missing from the association's accounts? Why has the association failed to disclose the suspension to the homeowners? Every homeowner should demand to review the books and accounts of the association to satisfy themselves that there has not been any suspicious activity with the homeowners' money.

That Got Us Thinking: What About Other Local Associations?

If Common Interest Management Services has in fact "been seeing this a lot," we decided to look up every homeowners association that came to mind in zip code 94404 to see how many others were suspended. Here is what we found:

Other Homeowners Associations in Zip Code 94404
Status on
October 7, 2011
Alden Crossing active
Bayfront Court Homeowners Association active
Carmel Village Foster City Association active
Cityhomes West Homeowners Association ** active
Cityhomes East Homeowners Association ** active
Emerald Bay of Foster City Homeowners Association active
Harborside active
Harbortown Homeowners Association ** active
Island J Homeowners Association active
Las Casitas De San Mateo Homeowners Association active
Lido Isle Homeowners Association active
Longwater Homeowners Association active
Marina Point ** active
Meridian Bay Homeowners Assocociation ** active
Nantucket Cove active
Plum Island active
Port Royal Master Association active
Sand Harbour Association active
Sand Harbour South Association active
Sea Colony active
Spinnaker Cove active
Treasure Isle active
The Admiralty Association ** active
Whalers Island Homeowners Association active
Williams Landing active
Winston Square Homeowners Association active

** Associations listed in bold are also managed by Common Interest Management Services.

We found 6 other HOAs in 94404 that are managed by Common Interest who are all listed as ACTIVE by the California Secretary of State. So we question Common Interest Management Services' assertion that this is happening "a lot." Not a single other HOA in the area that they manage has been suspended. If one has been, they are free to contact us to correct the record.

UPDATE: As of Common Interest Management Services has not offered any correction to the above statements.

Board of Directors Has Misplaced Focus: Can't Keep Own House In Order

The Edgewater Isle Master board of directors is clearly incompetent. While spending time, money, and effort to obtain a trademark or to file a small claims case they fail to prosecute (perhaps because they knew they legally could not) or pursuing foreclosure, perhaps they would be best advised to finally obtain competent management and keep their own house in order before tackling other issues.

Association Held Meetings While Suspended

The Association published agendas and held meetings while not eligible to do so.

Edgewater Isle Master HOA agenda for September 2011.  Association was suspended by Secretary of State when this meeting occurred.

Edgewater Isle Master HOA agenda for September 2011.  Association was suspended by Secretary of State when this meeting occurred.

 

Audit Fails to Mention Suspension

At the end of each fiscal year in a homeowners association, the association's books are required to be audited (California Civil Code ยง5305). The Master Association completed the required distribution of an audit, but the audit fails to mention that the association was suspended by the California Secretary of State for 3 months in 2011.

This audit is worthless. It is a coverup.

Edgewater Isle Master Homeowners Association (HOA) is suspended


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Moxi Posner's Criminal Past

Moxi Posner, also known as Lois Posner, has been very active within the Edgewater Isle community for years. She has been an outspoken advocate for her own various causes, and has appeared in at least two local newspaper articles.

While describing herself as a "homeowner and realtor advocate," Posner has a more colorful background: Posner has 5 criminal convictions for theft, 2 restraining orders against her, and this event that was previously discussed here.

Posner's five convictions in San Mateo County run from 1992 - 2007. It was between criminal convictions in 2006 that she was issued the first restraining order against her from a next-door neighbor. The facts are here.



Get Help with Your HOA Problem

The California Attorney General may be able to help you with your HOA problem. See what they can and cannot do.



Kelly McGuirk's Criminal Past

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

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