Edgewater Isle North Association fails to comply with Corporations Code

The California State Attorney General's office rebuked the Edgewater Isle North Homeowners Association board of directors when the Association repeatedly failed to comply with California Corporations Code and deliver a membership roster as provided in the association's bylaws and California Corporations Code.

The homeowner who followed prescribed procedure in requesting it was met with continuing obfuscation from the board of directors, leading to a small claims court victory for the homeowner.

California Corporations Code §8330

(a) Subject to Sections 8331 and 8332 , and unless the corporation provides a reasonable alternative pursuant to subdivision (c), a member may do either or both of the following as permitted by subdivision (b):

(1) Inspect and copy the record of all the members' names, addresses and voting rights, at reasonable times, upon five business days' prior written demand upon the corporation which demand shall state the purpose for which the inspection rights are requested;  or

(2) Obtain from the secretary of the corporation, upon written demand and tender of a reasonable charge, a list of the names, addresses and voting rights of those members entitled to vote for the election of directors, as of the most recent record date for which it has been compiled or as of a date specified by the member subsequent to the date of demand.  The demand shall state the purpose for which the list is requested.  The membership list shall be made available on or before the later of ten business days after the demand is received or after the date specified therein as the date as of which the list is to be compiled.

 

The California State Attorney General's office sent a letter highlighting the association's failures:

California State Attorney General's office warns Edgewater Isle of failure to comply with California Corporations Code and provide membership roster

 

And the association's attorney jumps

Edgewater Isle North's attorney Kevin Frederick grovels to state attorney general

 


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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