Wednesday, April 13, 2016

Time for the Coto De Caza HOA to put up or shut up! - Asking Questions in Public


You would not buy slave-peeled shrimp; why would you use service providers involved in collections scams?

Posted by CotoBlogzz

Coto de Caza, CA –  To say that the CZ Master Association, Coto de Caza’s largest Homeowners Association,  board of directors did not take well to my application for candidacy to the board of directors, is putting it mildly.

First, the board represented by Mr. Phil Mitchell, attack my candidacy, violating the HOA's CC&Rs, Civil Code §5135, Civ. Code §44 and Civ. Code §45 and  Title 18, US Code Section 1705 among others, and in essence, invalidating the 2016 elections. But in subsequent email conversations, in a clear case of cognitive dissonance, Mr. Mitchell not only fails to take responsibility for his mistakes,  and acknowledge that rules were broken, but he piles it on Mr. Mitchell’s reaction clearly illustrates how easy politicians, including member of local HOA board of directors can be afflicted by the Stanford Prisoner Syndrome,

I continue to argue that the most important issues in the community are public safety, litigation, elections and to a lesser extent, subsidies and vendor oversight.

Public Safety 


For public safety Mr. Mitchell in essence is calling the OCSD’s PRA office liars.   The 1Q2016 is on its way, and you bet Mr. Mitchell will not get to determine whether the data is correct or not.

For the traffic patrol, the board argue that it is a “two way street,” yet fail to take care of its side, which if properly done, could have spared at least three lives.  The Board’s side include 520 proactive traffic patrol hours, which it has failed to deliver on.

The board's side also includes the major contributor to public safety: developing a culture of respect for law and order.  In the board’s case, it first fired the CHP without any suitable alternative, then, under my leadership, the board was coerced into hiring the CHP back, only to have the board president call a CHP captain extortionist, during an open board meeting.  By contrast, Ladera Ranch actively works with to promote a pro-law enforcement culture and Mission Viejo works with policies/ordinances such the multiple-call party ordinance

Litigation – a collections scam?





You would not buy slave-peeled shrimp; why would you use service providers involved in collections scams?


Mr. Mitchell finally acknowledge that Small Claims actions “technically, are lawsuits, The action to recover past due unpaid HOA dues and recover costs to repair damages by homeowners to HOA property is the correct course of action."  That admission perhaps is even more impactful, given that the Small Claims actions filed on behalf of the board are 1000% more than the typical HOA, that collections is a cottage industry in the CID/HOA industry, and that management properties and legal counsel tend to be the only beneficiaries of such scams.

Because the board and Mr. Mitchell like to publicly shame their critics for not attending board meetings to ask questions, even when the questions are asked in private,  in an effort to avoid embarrassing the board in an open board meeting, I will now ask the questions in public, such as the one sent today to the board, copied below, because You would not buy slave-peeled shrimp; why would you use service providers involved in collections scams?

 Asking Questions - will the HOA answer?

VIA ONLINE PUBLICATION, EMAIL & POST

April 13, 2016


TO:  CZ Master Association Board of Directors.

Xochitl Yocham

Robert Curran

Beverly Sirjani

Phil Mitchell

Eric Munk
RE:  Modified Inspection of records request - collections administration



Greetings,


This is an amended request for legal expenses originally filed July 14, 2015, which the associated failed to respond to substantively  

Thanks to the board and Mr. Mitchell chastising me for not attending board meetings and asking questions, while at the same time failing to respond to the questions I ask in private, the fact that Mr. Mitchell has admitted that most of the Small Claims actions, " which are technically legal,” deal with collections,


That the CID/HOA industry is froth with collections scams,


That according to court records, Keystone and James Harkins are involved in some of the collections schemes,


That  the CZ Master Association has filed 1000% more Small Claims actions than the average HOA or that the board has sent more - different lawyers in an attempt to silence me – than the Small Claims filed by the average HOA,

That the board has a moral, ethical and best business judgment responsibility to know now collections scams are going on, over and above running a Zillow report and concluding that everything is wonderful,
I then expect the board to answer the following questions, which constitute this inspection of records request:
For the period starting at the end of 1Q2013 to end  of 1Q2016

Small Claims #
Amount owed CZ
Amount Collected
Amount CZ paid for Legal
Amount CZ paid for Admin
Amount paid by Homewoner
ROI



Please note that there is no need to include any personal information, or any information not sanctioned by civil code.



Why is this information necessary? 

If  the association has to pay $30,000 to a lawyer for a Small Claims action, is that using best business judgment? 

Or what if a homeowner loses his property for an improperly parked RV, is that morally and ethically right? 

These two examples are not theoretical, but something legal counsel has been involved with, according to cord records. 

I am sure you all agree that given the facts, the board has a legal, moral and ethical responsibility to have an intimate knowledge of collections scams in the CID/HOA industry,  to have controls in place to prevent them and to audit such control for effectiveness.  Given the facts, you will all agree that it is way too easy to hide collection scams in the typical generally accepted accounting and auditing practices. 

I am sure you will all agree that the information requested, if not easily available, should be.  And as a testament to the association's goodwill, contrary to just running Zillow reports, it can be used to increase property values 



Should the board not feel competent enough to take this on, I volunteer to help at no charge.

I look to hear from you at your earliest convenience with a substantive response or should I wait until the next board meeting?

 Direct elections – The board’s response to my questioning of direct elections is disingenuous and risible, if the issue was not so serious.


Subsidies 

As noted previously, an easement is not an absolute right to use and misuse common property.  The board is experienced at shopping for unscrupulous lawyers – just look at the rate of Small Claims filed, compared to any other HOA in California, and if it wanted to take care of this issue

Service providers

I laugh every time I recall Mr. Mitchell’s “geocoding of trees” and “water shortage” remarks defending the board’s actions or inaction.

Conclusion

Regardless of whether I gain a seat on the board or not, these questions will not be resolved by people attending board meetings, and asking questions, or as Mr. Mitchell might say, simply  run a Zillow report and tell me all is wonderful!


RELATED STORIES

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Time for the Coto De Caza HOA to put up or shut up! - Asking Questions in Public


You would not buy slave-peeled shrimp; why would you use service providers involved in collections scams?

Posted by CotoBlogzz

Coto de Caza, CA –  To say that the CZ Master Association, Coto de Caza’s largest Homeowners Association,  board of directors did not take well to my application for candidacy to the board of directors, is putting it mildly.


Phil Mitchell invalidates Coto de Caza HOA Elections: Willful ignorance, cognitive bias or cognitively challenged?

A summary of email conversation with Mr. Phil Mitchel, member CZ Master Association board of directors - just run a Zillow report and tell me it is wonderful! 

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