Edgewater Isle South is a suspended corporation
July 17, 2010
Association cannot correctly complete a form
Association had opportunity to settle dispute but would rather change its name
Edgewater Isle South Owners Association was suspended by the California Secretary of State's office, and the board of directors has sent out a ballot to homeowners to change the name of the association.
For about 3 years, Edgewater Isle South failed to file an easy but required statement with the State (see image below). Homeowners received a letter from the association asking them to vote on changing the name of the association. While much of what the letter said is accurate, there are parts that are outright lies, along with some whining thrown in for good measure. The Edgewater Isle South board of directors was given the opportunity to work this out privately, but instead chose to ask homeowners to vote to change their association's name and without making any effort to get back the name.
How can the South association change its name without making changes to the Master governing documents? The Master governing documents refer to the "Edgewater Isle South Owners' Association," not the "Edgewater Isle South Condominium Owners Association."
How could "the board," with all of their property managers, lawyers, and an 11-year term board member, fail to file such routine paperwork? The association has breached its duty to not keep the name paid for and viable. Why no mention of that?
The Association claims that they were sending in amended forms that were returned for "clerical error and other minor reasons." If they KNEW these papers were not filed, how could they hold their July 6 meeting and call executive session for July 14 and still not disclose their suspended status to the homeowners?
See the form below that the Edgewater Isle South Association could not complete without making errors.
Clerical and other minor reasons" — HA! They did not meet the Secretary of State's criteria. Simple as that. Don't blame everyone else for your failure. This is the grown-up version of "the dog ate my homework." How many other "minor reasons" were there?
This is a bunch of 💩. Everybody thinks you FORGOT.
Playing the victim card
Stop portraying yourselves the victim of something unforeseeable. Your lawyers are surely familiar with Boyer v. Jones (2001) 88 Cal.App.4th 220. There are reasons you were suspended: you failed to file required paperwork. You failed to file paperwork free of "clerical and other minor" mistakes. This is your own fault! You fail to do a lot of things (example: failure to honor the earthquake insurance petition). If you had a legal leg to stand on, you would have used your lawyers to fight this. Quit whining and just do your job.
The Association is free to question "vindictiveness" and "missions" all it wants. We'll question their competence and point out that they were given the opportunity and yet chose not to resolve this privately.
The Association didn't tell homeowners this part
Here is the form they couldn't complete accurately
Below is the statement every HOA is required to complete and send to the Secretary of State. Edgewater Isle South Owners Association claims they made "minor clerical and other" errors on their form, and it was returned because of those "errors."
How hard is it for anyone to complete this form? It's only one page, and there's no math on it.
How hard is that?
August 31, 2010
Public records show that the 2+ month suspension by the California Secretary of State for Edgewater Isle South Condominium Owners Association is now over. But not before they had to change their name because of their lax efforts of keeping their own records in order and filing the correct form.
Edgewater Isle South Condominium Owners Association was suspended from June 17 - August 20, 2010, for failure, in their own words, to adequately complete a very simple form.