What HOA Boards are willing to do to hang on to power

What HOA Boards are willing to do to hang on to power - Problems With Coto de Caza’s Proposed CC&R Changes

January 28, 2007

Despite the passage of legislation mandating direct HOA/CID elections effective 2006, the Coto de Caza board of directions has been dragging its heels in attempts to maintain what critics call a most corrupt delegate system.

Now they have come up with the ShSSS , SECRET, SECRET, SECRET process: The CZ Master Association Notice on Proposed Amendments is SECRET! - in fact, is so secret, that the word SECRET appears at least 13 times, just in the first page.

What does this mean? That the process used to process these changes is so secret, that no-one will ever know how people voted (or not) – what we can already tell you are the results. These are not so secret and will guarantee that Coto de Caza will continue to operate like a banana republic.

What this also means is that the average CZ resident may elect a delegate, but cannot ask the delegate to vote one way or the other, and the delegate is not obligated to tell the resident how he or she voted – why? Because the process is Secret!

There are many other problems with the CZ Board of Director’s Planned Secret Direct Elections:

1. The proposed association rule changes to allow for direct elections instead of using the current corrupt delegate system, require ratification by current delegates!

2. Three of the seating board members are delegates

3. We asked Cane, Walker & Harkins LLP, the law firm of representing the CZ Master Association for the legal basis for the board's argument that the delegate system is required to ratify the CC&R changes. To date, we have not received a response. We also gave X. Yocham, president of the CZ Master Association board of directors the opportunity to comment on the legal basis for the CZ Master Association proposed changes to CC&Rs – no response

4. There are a number of CZ districts without representation. So “Votes cast by districts without delegates: Andalusia Masters Collection, Oakridge, Private Collection/Stonefield/San Marino, Glen Eagles, The Legacy/Enclaves,Stonfiled Estates will not be counted” However, the association is soliciting delegates for these districts – Is this not a special election of delegates? If so, should not all current delegates be required to be reelected? If not, why not?

5. The instructions seem to have been prepared by IRS employees – these are so complicated that most residents will opt to vote for a delegate – which is precisely what the board wants. NOTE: We just cast our absentee ballot on regarding the California propositions. Despite the hyperbole on both sides, we did not need legal counsel to translate the objective of the propositions – not so with the CZ proposed CC&R changes!





If we have Direct Popular Elections in Coto, there will be NO function left for Delegates. So the two Amendments dealing with the Delegates would seem to be unnecessary. And, if the Board is trying to use the existing Delegate apparatus to defeat Direct Popular Elections, that is a road straight to court. We NEED democracy in Coto just as it exists in nearly every other HOA and governmental elective office. It is time to end the games and corruption once and for all. Joseph Morabito, former member CZ board of directors.





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