Board sends a ballot to owners for a vote to remove Kelly McGuirk from board
In November 2016, the Edgewater Isle North board of directors sent a letter to homeowners campaigning for the removal of board member Kelly McGuirk. The letter included a ballot for owners to vote "yes" or "no" on whether to remove this director. In the letter, the Association board of directors stopped referring to "Kelly" only by her first name as they had done over the past year or so in Association correspondence since they downplayed their appointment of her on the BOD last year.
The North Association's attorney Rob MacDonald letter to owners dated November 1, 2016, among other things, stated the following:
Were there any warning signs?
Why did the Edgewater Isle board of directors (Annalee Edwards, Ruth Hages, Parker Ward, and Janet Holbrook) appoint Kelly McGuirk back to the board of directors after all of the above information had been made public? The Association's communications for the past year in referring to "Kelly McGuirk" as only "Kelly" makes it appear that the BOD wanted this appointment to go unnoticed by the membership.
Did the Edgewater Isle Board of Directors think they were "special," or "smarter," or "better," and that they would exempt from being recipients of this type of repeatedly exhibited behavior? Why did the board of directors put her back on the board? Did they ever ask themselves:
“Why would Kelly McGuirk want to be on the board again?”
Criminal liability, association liability, etc. ?
The letter from attorney Rob D MacDonald raises a number of questions: Are these criminal actions described in their letter? For example California Penal Code §528.5 says:
(a) Notwithstanding any other provision of law, any person who knowingly and without consent credibly impersonates another actual person through or on an Internet Web site or by other electronic means for purposes of harming, intimidating, threatening, or defrauding another person is guilty of a public offense....
Does this situation fall in that category? It appears so. It also appears that the Association took no action to redress McGuirk's actions. Is the Association liable for anything since they knowingly put a CONVICTED FELON back on the board of directors?
Did Kelly McGuirk have signing authority on the Association's checking account?
Kelly McGuirk previously abused that privilege, and the Association did nothing about it. Who is auditing the checking account for the last year? Will the auditor be informed of this situation? Did the Association's insurance company know a convicted felon was on the board?
Kelly McGuirk attempted to get elected back on the board of directors
February 21, 2018
The residents of Edgewater Isle have apparently finally seen the light.