Friday, May 18, 2012

CZ Master Association to Be Taken to Small Claims Court

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.

If you wish to volunteer as a witness in Small Claims Court, please let me know:

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