February 6, 2008
Sent via UPS CERTIFIED EXPRESS MAIL
UPS Tracking Number 1Z 833 919 01 4961 119 2
Moxi Posner ADDRESS REDACTED San Mateo, CA 94404 650.572.9447
TO: Berding & Weil LLP - Attorney Sandra M. Bonato
FROM: Moxi Posner
RE: Recall Process - HOA LEGAL NEGLIGENCE - Edgewater Isle South
In my letter to you, dated January 19, 2008, I stated, "we are expecting you to
function, to perform as a respectable, responsible attorney during the Recall
process. Eyes will be on you." See enclosed. What happened, Attorney Banoto, the
HOA performed with disregard to the law, disregard to homeowners rights on your
legal counsel watch?
It is NOT my responsibility, nor my job to advise Edgewater Isle South~ HOA the
legal procedure for a Recall vote. As legal counsel for the HOA, it is your
responsibility, your ETHIC DUTY to ensure that the Recall procedure is legally
correct. The Recall was prepared with DIRECTORS NEGLIGENCE pertaining to
the California Condo & HOA Law. Many serious HOA Recall legal transgressions
were committed on your legal watch. The HOA did not schedule a SPECIAL
MEETING as requested in the Petitions, dated October 18,2007 and in the second
petition. As an HOA attorney, and from your writings, I know that you know the
California Condo & HOA Law, yet the board DID NOT ABIDE by the law on your
legal counsel watch. Why is that? The board did not prepare an envelope for
electing board members if the recall is successful (which would have "write in"
capabilities because potential candidates will necessarily be identified ahead of the
recall/removal meeting). See enclosed board rejected petition dated October 18,
2007 and the second petition. What happened Attorney Banota, you are the legal
counsel for the board? These omissions were done on your legal counsel watch.
THEY MUST BE RECTIFIED. WE MUST HAVE WRITE IN CAPABILITIES.
Please prepare the write in envelopes, AS TIME IS OF THE ESSENCE. As it stands
now the Recall is not valid because of the board's negligence on your legal counsel
watch. What about the Special Meeting? How do you handle that problem?
You Attorney Sandra M. Bonato, and Attorney Steven S. Weil, both of you from
Berding & Weil, wrote an article together about the Recall Meeting, yet the HOA
you represent, legal counsel, DID NOT DO IT. It states in the article you wrote,
Who Does the Association's Lawyer Represent? "Counsel represents the
association - not the board or its directors, a particular faction of members, or the
manager. Association counsel is REQUIRED TO BE STRICTLY IMPARTIAL. His
or her role is to help ensure a fair and reasonable process, with results that have
legal and political integrity. Counsel's expertise, experience, ability to communicate,
fairness and objectivity - in providing advice, drafting documents and responding
to questions arising at the recall meeting - can help foster respect for the board and
the political process." How come you did not perform these ethic duties for the
homeowners at Edgewater Isle South? Very serious and alarming to say the least,
Just to remind you California Condo & HOA Law states -see enclosed petition to
the board dated October 18, 2007 - Recall/removing the HOA under the new Law.
It's the responsibility of the HOA to get back to homeowners in 20 days, prepare
two ballot packages to be mailed at the same ti.me - one for recall election itself and
one for electing board members if the recall is successful (which would have ''write
in" capabilities because potential candidates will necessarily be identified ahead of
the recall/removal meeting), with complete instructions to owners as to how the
processes at the meeting will be handled for both elections. The HOA is responsible
to schedule a Special Meeting. The counting of the ballots must comply with HOA
Law. Again, Attorney Sandra M. Bonato as legal counsel for the HOA it is your
ethic duty to have had the board comply with California Condo & HOA Law. It was
NOT DONE, why is that?
What I state here is critically important. I am requesting that you as legal counsel
for the HOA, strictly impartial counsel for the recall process, legally remedy this
unconscionable mess of a recall that Lynn Hanlon, Barbara Finnegan, Michele
McLaughlin, Jim Newell, Sylvia Morrison, and property manager, Nick Pargett
created. They seem to always have their own agenda rather than adhere to the
California Condo & HOA Law.
This document is being sent UPS Certified Express mail in order to expedient a legal
solution to this extraordinary serious problem. For you to show good faith, it is
imperative that I hear from you on the recall dilemma by Tuesday, February 12,
2008 so I am apprised ofwhat and how you are going to correct this disgusting legal
situation. PLEASE do not force me into alternative methods to remedy this recall
debacle. I look forward to your reply.
The earthquake vote must be adhered to according to homeowner's wishes. All
those earthquake codes have tons of loopholes. If the board decides to play loophole
games with homeowners, I feel it would antagonize homeowners and once again it
would fall on legal counsel to do what it morally and ethically proper for Edgewater
Isle South homeowners.
The board of Edgewater Isle SHOULD RESIGN because of their legal, moral, and
ethical transgressions. Negating the California Condo & HOA Law is of legal
paramount ramifications, and you Attorney Bonato is the HOA's legal counsel.