Audacity of CZ Irrationality
Posted By CotoBlogzz
Coto de Caza, CA - I have notified the CZ master Association and Keystone of my
intention to file complaints with the Small Claims Court against the CZ
Master association board of
directors/Keystone for 1) Failure to
comply with inspection of records request 2) for interfering with the normal operations of the CotoBuzz Journal.
I specifically asked to review IRS Forms 990 for tax Small
Claims Court. Immediately after I sent the
notification , I received a certified letter from Harkins’ office, the associaiton's legal counsel, letting me know that I “had not submitted a proper written request for the
documents” and because of my previous actions, I would have to sign a
written agreement promising not to republish the records.
For reference, California government code section 6250 California's Public
Records Act, was enacted because the legislature recognized that access to
information concerning the conduct of government employees is a fundamental and necessary right of every
person in this state. The legislature in an effort to discourage the Madoff
Syndrome, further declares that information means any handwriting, typewriting,
printing, photostating, photographing, photocopying, transmitting by electronic
mail or facsimile, and every other means of recording upon any tangible thing
any form of communication or representation, including letters, words,
pictures, sounds, or symbols, or combinations thereof, and any record thereby
created, regardless of the manner in which the record has been stored.
As to information related to a common interest development
such as the CZ Master association, “a member's request to inspect records must
be for a proper purpose reasonably related to his or her interests as a member
of the association. Civ. Code §1365.2(e), Corp. Code §8330, Corp. Code §8333. The association must produce records within
time frames established by the Davis-Stirling Act. If the association refuses
to produce records, which members have a right to review, the requesting member
can go into court for an order that records be produced.
Now, consider that as a 20-year CZ resident, I have
submitted less than ½ dozen Inspection of Records requests and only two have
been responsive. Of those two, there were major problems, which the board has failed to address: The first one was associated with the hiring of UPS and
the last one with the mismanagement of resident’s privacy information when
using the current website.
In contrast, I have issued more than 80 information requests
to the CHP and 50 to the Orange County
Sheriffs Department in a ten-year period in addition to hundreds of other
requests to a number of local, state and federal agencies. All have been responsive and certified mail has not been required
Worse, government waste notwithstanding, including GSA, NOA
, and others, consider that a Scripps
Howard News Service study of non-profit federal tax records released this month
shows that 41% of nonprofit groups that collected at least $1 million according
to their most recent report to the Internal Revenue Service, made ridiculous
claims about revenue versus expenses.
Might this support the notion that I have more than a
passing interest in the CZ Master association 990 forms? But what about the
board’s demands that I do not republish any material?
Combined, we have spent close to
$200 in certified US Mail plus whatever Harkins is charging the association, not to mention the cost to me should the association deem me
worthy of entrusting me with such important information as IRS 990 forms.
However, it turns out that IRS form 990s are not only supposed to be available for public
review, but the association itself has made the information public and I have
now obtained copies – for free!
 |
| CZ 2010 IRS FORM 990 |
For example, from the information on the IRS 990s we know that the CZ Master
Association does not:
Have a written conflict
of interest policy
No whistleblower written policy
No document retention and destruction policy
Under the circumstances, I plant to present to the Court more than ten years of
online documentation, showing an arrogant, power- hungry, vindictive board of
directors. I shall establish a pattern aimed
at shutting down the only dissident voice in the community: The Orange
County Register has not covered the community since 2007, the last time the
board tried a bite at the apple, it again tries to bite, for example. The
documentations shows favoritism/discriminatory practices, exhibit
depraved indifference, poor supplier management, and extended history of
attempts at intimidating dissenters, including helping residents, but
only on the condition they do not speak to the CotoBuzz Journal. See example of attempt at censoring The CotoBuzz Journal by the CZ board of directors, circa 2005
For the
record, I shall include all complaints filed with the California Bar and with
the OCDA’s office.
I shall ask the Court to order the defendant to cease and desist of wasting association funds by frivolously using legal counsel to send out a large number of silly form letters to dissenters, clearly aimed at censoring.
I will also ask the Court to order the defendant to immediately cease and desist of making bogus claims such as arguing for instance that it is not subject to USPTO jurisdiction.
I shall ask the Court to order the defendant to cease and desist of wasting association funds by frivolously using legal counsel to send out a large number of silly form letters to dissenters, clearly aimed at censoring.
I will also ask the Court to order the defendant to immediately cease and desist of making bogus claims such as arguing for instance that it is not subject to USPTO jurisdiction.
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