Sunday, May 20, 2012

Sovereign Socialists HOAs of Coto de Caza

Sovereign Socialists HOAs of Coto de Caza

Posted By CotoBlogzz May 20, 2012

Coto de Caza – If you follow the rhetoric and deeds of the CZ Master Association,the largest homeowners association in Coto de Caza, board of directors over the last decade,  we cannot find any other plausible explanation , other than it thinks it is a sovereign HOA state and has little to regard for state and or federal law.

The local CZ Master association’s Politburo, can be highly generous with its supporters at the tune of over $3 million/year insubsidies.  On the other hand, if you are a dissident, the Politburo will go to just about any length to try to silence you.  

The CZ Politburo

Trying to Silence the CotoBuzz Journal

For example, taking exception to our satire published  in a 2005 issue of the CotoBuzz Journal, the CZ politburo aided and abetted by legal counsel J. Harkins, attempted to intimidate us. See example of attempt at censoring The CotoBuzz Journal by the CZ board of directors
It may be hard to blame the CZ Politburo.   After all, when it decided to fire the California Highway Patrol (CHP) in 2003, it left the community without pro-active traffic patrol, which directly led to a significant increase in traffic accidents and two eventual fatalities within a three-month period!  At the time, the CotoBuzz Journal led the charge to  eventually coerce the Politburo into rehiring the CHP – although the Politburo continued to view the CHP as the enemy, even calling CHP management “extortionists” during open board meetings.

It did not stop there.  In the September 2005 issue of the CZ Master Association Letter, the Keystone general manager  writes “The Internet has become a fast and simple way to communicate.  Anyone can create web pages and mass email lists to inform or to spread rumors, half-truths and negativism....  In the case of CZ Master, don’t accept unsolicited information at face value, but check other sources, call or email the office or attend regular business meetings of the Board or Committees and see for yourself” – From the Community Manager, August 15, 2005:  The message was a not  too subtle swing at the CotoBuzz Journal – Ironic, since  The Keystone maintained website still listed Paul Young as the Chairman of the Delegate & Others  Group, even though Mr. Young  was never a Coto de Caza homeowner, but that is yet another CZ tangled web. - September 06, 2005. 

As covered by the CotoBuzz Journal 
Our response to the attempted smear as published in the September 2005 issue of the CotoBuzz Journal read:   “CotoBuzz readers know that anything of substance, they  first find out directly from CotoBuzz Journal and or the Coto Discussion Forum and NOT from any Board of Directors Meeting, Keystone employees or directly from the Board.  Examples include EXACT prediction of election results during the last three elections, the selection of Lyle Schlieder to replace Sean Larkin in a Hit and Run, as Mr. Larkin resigned a few hours after he was re-elected to second term, effectively denying the post to the only independent candidate during the 2005 CZ BOD elections.  Most recently CotoBuzz reported the firing of the largest security company in the world, Securitas as the security services provider for the association, and replaced by Universal Protection Services, one of the smallest security company in the region, to provide a reduced level of service.  This action was soon followed by a midnight raid of Securitas employees by the new security company
The CZ Politburo’s attempt at shutting down the CotoBuzz Journal did not work then, and has not worked since.  As a result of this and other actions, we were forced to file one of many  complaints with the California Bar against James Harkins.

Why the CZ Politburo hates Records Inspection Requests – Universal Protection Services Contract

As the CotoBuzz Journal and former CZ board member Joseph Morabito looked into how the CZ politburo decided to change security companies to Universal Protection Services (UPS)  it was immediately obvious that there was absolutely no due diligence on a contract valued  at close to $1.8 million/year  – no statement or work was  available. .  No contract was produced.  Three bids were not available.  The only thing we were able to see were glossy UPS brochures. 

The Audacity of the CZ Politburo's Irrationality - as chronicled by the CotoBuzz Journal

When Truth Hurts, its best not to get it through email

CZ Politburo Knows no Geometry - Least expensive route  between two parties is Email, not the US Post Office - a HOA legal mind, a terrible thing to waste:

Why the CZ Politburo hates Records Inspection Requests – dwellingLIVE  Contract
In June 2006, in a piece titled Review of Agreement between CZ Master Association and dwellingLIVE we wrote in part:  “A definitive conclusion from a cursory review of the Agreement between CZ Master Association and dwelingLIVE clearly is that the agreements reflects poorly on everyone involved including Keystone, legal counsel and the CZ Master board of directors. … The description of work is so poorly done, that it clearly fails to address California’s Information Practices Act, for example”
From here on our, the CZ Politburo, aided and abetted by J. Harkins, have created artificial obstacles in an attempt to keep relevant information from its residents:

 State Law?  We ARE the Law!

 Aided and abetted by Harkins, the CZ Politburo created a Shut Up Rule, as a pre-condition for any further inspection of records.  The smoke and mirrors used by  Harkins and the CZ politburo's argument is that unless the Shut Up Rule is signed, the CotoBuzz Journal may publish rocket science trade secrets, or perhaps put at at risk personal information - of course, this is just a ruse.
Contrast the Harkins/CZ Politburo Shut Up Rule to the California Freedom of Information Act, also known as code section 6250 California's Public Records Act, largely 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, 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. No requirement for signing a Harkins/CZ Master association Shut Up Rule.
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. 
For reference, the CotoBuzz Journal has  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 , signing a Harkins/CZ Master association Shut Up Rule has not been a requirement and no certified  mail has not been required.
It can be argued from the Cotobuzz Journal's  body of work that it provides a public service, while the CZ board continues to  put   resident's private information at risk when it encourages residents to use dewellingLIVE website without taking any precautions and or providing resident's mailing lists to third parties.

Federal Law?  We ARE the LAW!

We recently reviewed 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. So we asked the CZ Politburo to let us inspect the association's IRS 990 forms. Keep in mind that according to the IRS, these forms are supposed to be available to the general public.

Predictably, we received the Harkins/CZ Shut Up Rule preconditions in essence saying, The CZ Politburo does not care about federal law - We ARE the law.  Consider that combined, we have spent close to $200 in certified US Mail plus whatever Harkins is charging the association. However, since  IRS form 990s are not only supposed to be available for public review, but the association itself has made the information public and we have now obtained copies – for free and without having to sing the CZ's Shut Up Rule -  what is wrong with this picture?

Federal Law?  But Wait, there is more:  Aided and Abetted by Harkins, the CZ Politburo continues to use a CNN's Soledad O'brien's argument, to  misrepresent having sole rights to the stylized CZ® mark.  

Harkins confirmed that the information passed on to N2 Publishing's Duane Hixon above,  by the CZ Politburo was correct,  Here is where the CNN Soledad O'Brien's argument comes in.  Just because you say your are right, does not necessarily make it so.   According to the United States Patent and Trademark Office (USPTO.) WE own the  CZ® mark.  So, if you are an advertiser in the N2 Pubs Publication below, you are aiding and abetting the infringement of valid, un-revoked federally registered trademarks!

Aiding and abetting in the infringement of the CZ® mark
What Harkins and the CZ Politburo are saying is that they are  not subject to USPTO jurisdiction and that they  can do anything they  wants.
The facts are that Harkins/CZ Politburo had  multiple opportunities to challenge the registration of the mark, when it hired the largest intellectual property law firm in Southern California to come and fight us circa 1997.
If the CZ Politburo  believed then that based on the intellectual property law firm's advice,  it was the sole owner of the mark, it could have appealed to the USPTO at the time, and if the challenge had any merit, the USPTO would have promptly informed us  and we would have  promptly withdrawn the application.   The CZ Politburo cannot claim ignorance of the process.  Heck, the whole nation knew about the registration of the mark,  thanks to the article titled Coto resident trademarks community namesauthored by the Orange County Register’s Mark Eades, in collaboration with at least one CZ Master Association board  member, in violation of attorney-client privilege.
Recently, I renewed the mark and the CZ Politburo  had yet another shot at  challenging  ownership of the mark.   It failed to do so.  Why? 
Since Harkins and the CZ Politburo  continue to make false representations that it is the sole owner of the CZ® mark I have challenged both to come up with a plausible legal argument that in support of the CZ Politburo's position, other than "because we say so".


Audacity of CZ Irrationality

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) Failur
e to comply with inspection of records request 2) for interfering with the normal operations of the CotoBuzz Journal.
Ladera Ranch Traffic Accident Rates Stabilize, Coto de Caza continues at all time high
Coto de Caza, CA - While Ladera Ranch registered 16 injured, 16 property damage and 4 DUIs during the fourth quarter of 2011, the community experienced seven injuries, 12 property damage and no DUIs in the first quarter ending March 30, 2012, according to figures from the California Highway Patrol San Juan Capistrano Office
Coto's Public Safety Ticking Time Bomb, Ladera's Traffic Accidents Double in Second Quarter of 2011
Coto de Caza, CA - While the number of traffic accidents for the second quarter of 2011 in Ladera Ranch more than doubled, resulting in nine injuries and three driving under the influence, according to the figures supplied by the California Highway Patrol (CHP) San Juan Capistrano (SJC,) it appears that the traffic accidents in Coto de Caza are trending down. 

Coto Continues on Dangerous Course of Traffic Incidents
While Incident Rate Lower, Still at Critical Levels
Coto de Caza, CA - The good news for Coto de Caza residents is that the quarter-to-quarter accident rate for the quarter ending March 31, 2011 is significantly down from the previous quarter. The bad news is that it is still at the same levels as when the community experienced its two traffic fatalities within a three month period between December 2005 and March 2006

Coto de Caza and Ladera Ranch 1Q2011 Public Safety Review
Coto de Caza, CA –By its own words and actions, it is fair to argue that Coto de Caza’s local governance is not only apathetic when it comes to public safety, but its own actions actually result increase the risk to residents. Worse, seems like adults in Coto de Caza have similar views as the local governance.

Our research over close to ten years indicate that whether a community is safe or not, is primarily a function of residents and local governance, not law enforcement. Consider that when a city in Orange County is deemed the safest city, what about the other 11 cities or the unincorporated areas? What about Coto de Caza with the highest crime rate in history in early 2010. After all, only common denominator is that the OCSD is the law enforcement agency. What does the OCSD do differently in the safest city, as opposed to the least safe city under its watch?

Coto de Caza's Traffic Incident Rate at Critical Danger Levels
Coto de Caza, CA - While the Coto de Caza's total population has been shrinking for the last ten years, including placement of 17 property liens for the month of January 2011 out of roughly 3500 homes, the policies pursued by the CZ Master association board of directors, the local governance, have consistently increased traffic with a reduction in CHP patrol hours, with predictable results. Consider that for close to a decade, we have consistently shown conclusive evidence that there is a direct correlation between the extent of the CHP traffic enforcement efforts and the number of traffic accidents in the community.

Coto Continues on Dangerous Course of Traffic Incidents

While Incident Rate Lower, Still at Critical Levels

Coto de Caza, CA - The good news for Coto de Caza residents is that the quarter-to-quarter accident rate for the quarter ending March 31, 2011 is significantly down from the previous quarter. The bad news is that it is still at the same levels as when the community experienced its two traffic fatalities within a three month period between December 2005 and March 2006

Coto de Caza Fires the CHP - Again!

Coto de Caza, CA - The CotoBuzz Journal has documented the one-sided hate-hate relationship between the CZ Master Association board of directors and law enforcement agencies in general, and the California Highway Patrol (CHP) specifically (CHP). In an open board meeting for example, a board member called the Orange County Sheriff's Department (OCSD) extortionists! Despite the public abuse the CHP has received from the Coto de Caza board of directors ever since the board was coerced into bringing the CHP back for pro-active traffic patrol, figures indicate that the CHP has been doing its job: - The Chart below was published Sept. 30, 2006.

Rhianna Six Month’s Anniversary Mr. Manian’s Three Month’s Anniversary

It has been six months since Rhianna Woolsey died (December 7, 2005) in the first traffic fatality in Coto de Caza in the last ten years. Sadly, this week also marks the Three Month Anniversary of Mr. Morteza Manian’s death, as he was struck by a...

Bicycle Safety Within Coto de Caza
During the June 8, 2006 Coto de Caza board meeting Yo Orduno described a public safety situation in the Summerfield district including a warning about an increase of rush hour cyclists in and around Vista Del Verde, some even riding pairwise making the...

Coto de Caza - New Election Laws - Call for Candidates
Dear CZ Board Members:

In July, 2006 the new state law governing HOA elections will take effect. That means that shortly thereafter, the Board should send out information concerning the mechanisms the Board intends to implement in 2007 to comply with...

First 2006-2007 Coto de Caza Board of Directors Meeting, Standing Room Only!  …and Coto de Caza’s Tar Baby
The first 2006-2007 Coto de Caza Board of Directors Meeting, can best be described as standing-room only, with the local media well represented.  A political junkie would have felt right at home, as you could sense the excitement, the energy and the...

In its continued commitment to public safety, on June 1, 2006, CotoBuzz unveiled a Crime and Vandalism Management tool (see below for first installment), containing key metrics and a side-by-side comparison between Coto de Caza and Ladera Ranch....

COTO DE CAZA- SecurityAreNotUs
In today's Canyon Life, there was an article about Lyle Schlieder's leaving the BOD. Lyle was quoted as follows: "There are no patrols anymore. I am not sure if what we are dealing with is just a pretty face at the gate that we pay a lot of money for." So...


The April 21 issue of the CanyonLife reports that “Fred Lisanti of Pacific Oak Security, security consultants to the ( Coto de Caza) board, presented a report indicating the official crime...

CotoBuzz March 2006 Newsletter
First Traffic Accident Lawsuit Filed: Coto de Caza Public Safety Bandwagon is filling up Fast- Hop In!: . We just received the February 2006 CHP report – as previously reported in the Coto discussion forum, we had our first traffic accident in...

Lawless, Clueless Coto de Caza
Last night, December 12, 2006, the CZ homeowner’s association board of directors held their regularly scheduled open session meeting. Present were representatives from the LA Times and Freedom Communications.

Lawless, Values-less, Spiritual-less Coto de Caza
When we first moved to Coto de Caza over 12 years ago, we really thought there was No Place Like Coto. Shortly thereafter CNN/Money discovered Coto as well and included it in their list of One of the Best Places to Live/Best Places to Retire.

When the...

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