Will Edgewater Isle North ever fix the parking lot?

Homeowners in Edgewater Isle North Homeowners Association have been battling both the North and Master Associations for 4 1/2 years to have a parking area fixed from recurring flooding.

It's raining heavily again, which means that the parking lot area for Building 8 floods. Meeting minutes show that the homeowners in that area have been soliciting the boards of directors for the North and Master associations for years. Board members come and go year after year, yet this problem remains unaddressed.

The North Association's attempt to mitigate this problem is to situate a pump in a flooded parking lot, complete with an orange electrical extension cord — a potential trip hazard or source of electrocution.

Mimi Lee is involved in preventing a homeowner from receiving repairs and maintenance to their deeded space that the Association is responsible for maintaining. Why is the Edgewater Isle North Homeowners Association always reluctant to deal with common area problems? (There are numerous examples of that, including some listed in the lawsuits section.) Will the president of the Edgewater Isle North Homeowners Association, Paul Miller (right), finally be the one who removes the roadblocks and gets this taken care of? Time will tell.

5 parking spaces experience recurring flooding

 

Perhaps a perusal of the C C & Rs would be in order here. The homeowner who has been complaining about the flooded parking spot has been caught between the North and Master Associations each saying the problem is the other association's responsibility. We believe the Master Association is correct in this issue.

The original 1984 North Association C C & Rs read:

Page 2: Section 1.6  "Common Area" or "Common Areas" shall mean and refer to all of the Property (except the individual Units), title to which is held by the Owners in common.  The Common Area includes, without limitation: land, pool, spa and any other amenities, parking and driveway areas, trash enclosures, garage areas, exterior stairs, balconies, patios, landings and storage areas, and bearing walls, interior stairs, columns, girders, ceiling joists, subfloors, unfinished floors, roofs and foundations, fireplaces, central heating, solar heating equipment, water heaters, skylights, reservoirs, tanks, pumps, motors, ducts, flues and chutes, conduits, pipes, plumbing, wires and other utility installations (except the outlets thereof when located within the Unit and excepting utility installations located within a Unit), required to provide power, light, telephone, gas, water, sewerage, drainage, heat, and central television antenna or cable television installation, and the landscaping easement designated on the Map.

The revised 2004 North Association C C & Rs read:

Page 2: Section 1.7  "Common Area" or "Common Areas" shall mean and refer to all of the Property (except the individual Units), title to which is held by the Owners in common.  The Common Area includes, without limitation: land, pool, spa and any other amenities, parking and driveway areas, trash enclosures, garage areas, exterior stairs, balconies, patios, landings and storage areas, and bearing walls, interior stairs, columns, girders, ceiling joists, subfloors, unfinished floors, roofs and foundations, fireplaces, central heating, solar heating equipment, water heaters, skylights, reservoirs, tanks, pumps, motors, ducts, flues and chutes, conduits, pipes, plumbing, wires and other utility installations (except the outlets thereof when located within the Unit and excepting utility installations located within a Unit), required to provide power, light, telephone, gas, water, sewerage, drainage, heat, and central television antenna or cable television installation, and the landscaping easement designated on the Map.

In other words, they are identical except for the section number.

Edgewater Isle North 1984 C C &Rs Show Maintenance Responsibility

The "maintenance" section of the 1984 C C & Rs clearly show the North Association's duty to maintain. The Association rewriting them in 2004 and obscuring them does not exonerate that responsibility.

ARTICLE V
DUTIES AND POWERS OF THE ASSOCIATION
5.1. Duties: In addition to the duties enumerated in its Bylaws, or elsewhere provided for in this Declaration, and without limiting the generality thereof, the Association shall perform the following duties:

A. Maintenance: The Association shall maintain, repair, replace, restore, operate and manage all of the common area and all facilities, improvements, furnishings, equipment and landscaping thereon, and all property that may be acquired by the Association. Maintenance shall include (without limitation): painting, maintaining, cleaning, repairing, and replacing of all common areas, including exterior doors), exterior glass surfaces, windows, landscaping (except for private patio areas which are to be maintained by owners as per Section 8.7), balconies, parking areas, and recreational facilities.

Just fix it.


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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