Request for resignation/termination of Ms. Xochitl Yocham from board of directors for conflict of interest/Breach of fiduciary responsibility

VIA ONLINE PUBLICATION, EMAIL & POST

April 14, 2016

TO:  CZ Master Association Board of Directors.

C/O Keystone Pacific,

3001 Tomas Suite 160

Rancho Santa Margarita, CA 92688

RE:  Request for resignation/termination of Ms. Xochitl Yocham from board of directors for conflict of interest/Breach of fiduciary responsibility

Greetings,

I hereby request Ms. Yocham resigns from the CZ Master Association board of directors for conflict of interest and or breach of fiduciary duty.  Should Ms. Yocham not resign, then the board should remove her.

Ms. Yocham not only changed careers as a result of her position in the CZ board of directors, but her posiiton enabled her to join the CID/HOA industry, which largely looks for the interests of property managers, attorneys and service providers, NOT homeowners – see for example CAI and Lawyer opposition to AB1720 - http://cotobuzz.blogspot.com/2016/03/lawyers-against-legislation-that.html, Its Official: According to Zogby report, Associations, Board Members and Community Managers Earn New Clothes and Summary of the CAI-CLAC Annual Legislative Day in Sacramento Sans legislation detailing how Ms. Yocham's current employer,  Optimum Professional Property Management from the Orange County Regional Chapter, obtained the HOA Industry's third palce in its Top Management Company Supporter award.

HOA/CID actors always have diametrically opposed goals: Through willful ignorance, gross incompetence, cognitive dissonance or cognitive challenges, boards tend to side with the industry

Ms. Yocham’s position with Optimum Professional Management should enable her to see litigation from the homeowner’s perspective, as well as from the board’s perspective.  In the case of Optimum, for the most part, it is the defendant. – See exhibit B

Can you serve God an Mammon? Xochitl Yocham HOA President and Active Member of CAI by "Buzz" Aguirre

Ms. Yocham, more than anyone else on the board, should then have first hand knowledge that the CZ board excessive use of litigation- 1000% more than a typical HOA, including Optimum,  for collections, may be enabling a collections scam, and if it is not a scam, then she should be able to articulate why it makes good business sense to carry on.

 In other words, Ms. Yocham should be able to describe the return on investment of litigation, but also explain why it is the legal, moral and ethical thing to do, as opposed to blowing it off as a non-problem and defame critics of the board’s approach, such as the board did in its last vicious, defamatory, infamous Mitchell letter.

If the rationale is that Ms. Yocham and the board relied on professional advice from Keystone and James Harkins, while also knowing that Keystone and James Harkins have been involved in collections scams, according to court records, that would most certainly violate the business judgment rule.

Look forward to hearing from you at your earliest convenience

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