Details of DUI Lawsuit earns opprobrium for CZ directors
December 31, 2007
As details of a DUI- related accident start to emerge a crescendo to a steady buildup in calls for a CZ director to step down is being reached. The case in question (05CC02855) involves a traffic accident that occurred September 22, 2004 at the intersection of Vista del Verde and Mackenzie Lane. The defendant was visiting Coto de Caza as a guest of Coto de Caza Goldf Club, having earlier participated in a golf tournament. The CZ Master Association and its property management company are included in the list of the defendants.
Prior to details becoming public, it was argued by certain members of the CZ board of directors that the lawsuit filed against the CZ Association on 02/03/2005 and settled in May of 2007 cost the CZ Master Association nothing. Such assertions were at best misleading. After various requests for information, the CZ board of director’s president writes in part: “The Association was sued, and the insurance company defended the Association and settled the suit. The Association had a self-insured retention (“SIR”) obligation in the amount of $100,000.00, which the Association had paid during the beginning of the action. The insurance company paid all defense costs after the SIR was exhausted and the insurance company paid the settlement funds to the Plaintiff”.
The response from madam president simply re-ignites calls for the resignation of board member Robert Varo: “It appears that CZ ultimately paid $50,000 of the deductible as a result of a settlement with the parties involved in the case. … Bob Varo should resign immediately. Jerry Mezger blatantly lied about this case which demonstrates once again why he should have been recalled from office had he not resigned. Varo and Mezger exposed our Members to liability and danger on our streets. In addition to deaths from serious accidents on our streets during their watch, they have cost us money time and again by their incompetent management of the Association”, writes former CZ director and chairman of the Recall Mezger Committee.
The successful Recall Mezger Committee has now set up a website for those interested in the removal of R. Varo from the CZ master association board of directors.
Court document indicate that CZ Master defense relied almost exclusively on actions taken by previous board of directors. Whereas the actions related to the administration in charge when the accident occurred, may have been misleading, such as the implication that the Sheriff could legally be engaged in pro-active traffic enforcement in Coto de Caza during a period it was expressly forbidden by County ordinance. A quick review of Messrs Varo/Mezger show the following public safety legacy:
After taking control of the CZ Master association affairs,
The board fired the CHP for por-active traffic patrol, without a suitable alternative. The yearly accident rate doubled, culminating in two traffic fatalities in the community can calls for the re-hiring of the CHP.
The president of the board called CHP management “extortionists” during board meetings
The association refused to allow CHP management a few minutes of a board meeting for a public safety awareness announcement – turned control of meeting to trashy TV producers.
When concerned residents asked that a cityhood town hall meeting be changed to security, immediately after the first traffic tragedy, sans CHP patrol, the board cancelled the meeting an refused to let citizens use the facilities to discuss safety matters.
The association fired the largest private security company in the worlds (roughly $1.7 million/year contract) and replaced it with one of the smallest one in the region, without evidence of due diligence
The association fired a volunteer safety chairperson because she refuse to place the cityhood issue ahead of public safety, and refused to give up her free speech rights.
The association let road certification expire, rendering the re-hiring of the CHP for proactive traffic patrol useless – then blamed the expiration on a missing tickler file.
The association refused to produce public safety committee meeting minutes as dictated by civil code, arguing that either there was a non-existent public safety committee and/or there were no “actionable actions” taken.
CotoBlogzz Tagzz- use a social networking manager below to share this or any other article with others...more Other reasons why Mr. Varo should resign, according to Mr. Morabito are irregularities in CZ elections:
“Under Bob Varo we saw corrupt elections, failure to properly bid out major services, exposure to danger and liability on our streets, ignoring legal agreements,
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more subsidies going to outsiders as pay offs, loads of money wasted and now the final straw, the monies paid out in the Skendarian lawsuit that directly ties to Varo/Mezger actions.
Many have been sounding alarm bells concerning Varo/Mezger for years. Mezger is finally gone. Varo has to go TOO to bring ethics and sound management back to CZ.” If you would like to be kept informed or would otherwise like to help “bring back ethics and sound management to the association”, as Mr. Morabito says, write to: Help@RecallVaro.com
According to the Davis-Sterling act, campaigning for the removal of a director is allowed. Titleholders may campaign for removing directors from office, and directors may campaign against the recall. However, neither side is allowed to use association funding for their campaigns. Any access to association media must be granted equally.
Members may request a special meeting of the membership for the purpose of removing the entire board or individual directors by presenting a petition to the board signed by 5% or more of the membership. Corp. Code §7510(e) The right to call a meeting by 5% of the membership cannot be changed or eliminated by contrary provisions in the bylaws. Note: Corp. Code §7222 specifically refers to removal, as compared to petition and not recall. According to Vanitzian’s California Common Interest Development – Homeowner’s Guide “When attempting to remove the board of directors, titleholders must serve the board with the requisite documents or proxies requesting the removal of the board. In the context of removal of the board, petitions and proxies are two different instruments with two different purposes and should be treated accordingly.”
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