Association accuses Kelly McGuirk of interference with Association's duties, Board imposes $50 fine

SEPTEMBER 6, 2024 — Kelly McGuirk has been on and off the Edgewater Isle North board of directors for years, even decades. In 2015, the Edgewater Isle North Association appointed Kelly McGuirk to her latest term, and they were so ashamed to admit it that they wouldn't list her first and last name as a board member on association correspondence: the board didn't want anyone to know that they had appointed a convicted thief back to the board of directors.

But it didn't work out well for them: in 2016, Kelly McGuirk was removed from the Edgewater Isle board of directors by a vote of homeowners for various transgressions, including being censured, forging emails, and "communicating under false pretenses." (Sounds like "lying.")

Beginning in 2001, McGuirk has inserted herself in Association business: by "volunteering" for the landscape committee, where she ignored rules and took advantage of naive board members; by using Association funds to purchase "office supplies" for herself; by using Association resources to advertise her husband's business, and by completing small claims court forms for the Master Association while not being a board member, among other things. All the while racking up criminal theft charges in San Mateo County Superior Court.

After her removal, McGuirk attempted various ways to get back on a board of directors, for the North Association, the Master Association, and (rumor has it) the Commercial Master Association.

In spite of McGuirk being removed from the board of directors, that did not seem to stop her long-standing proclivity to involve herself in Association business. In 2023, it brought a series of three letters sent to McGuirk.

First letter: Association says that McGuirk interfered with Association's vendors

On January 19, 2023, Kevin Frederick, an attorney for Edgewater Isle, sent McGuirk a letter demanding that McGuirk "immediately cease and thereafter desist from communicating with any of the Association's vendors," saying

• that the Association had received complaints from 4 vendors that McGuirk had been [contacting] them
• that McGuirk was not a party to the contracts with the vendors
• and that McGuirk was "interfering with [the Association's] ability to perform its duties."

The letter closes saying:

“However, if you continue to interfere with the Association's vendors, the board will have no choice but to proceed to court for an injunction prohibiting your conduct.”

Second letter: Association wants to hear from Kelly McGuirk

On February 21, 2023, the Association sent McGuirk a second letter: this time, the Association said that McGuirk had been "giving orders to the painting contractor."

The letter said the board of directors would hold a hearing on March 21, 2023, with McGuirk where she was offered the opportunity to "address the allegations and provide facts to the Board...." and provided her with Zoom credentials for that hearing.

Third letter: Association fines McGuirk $50

On March 28, 2023, the Association sent a third letter, via certified mail, where the Association notified McGuirk that the board of directors had imposed a fine.

“The Board has decided to impose a fifty dollar ($50) fine for past unauthorized conduct by you with any Association vendors and will impose a one hundred dollar ($100) fine for any future unauthorized contact with any Association vendors.”

This third letter, while imposing a fine and discussing potential future fines, does not mention the injunction the Association said it would seek. It is unclear if that is still an option the Association is considering should there be further interference by McGuirk.