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Sunday, July 08, 2012

The Laguna Woods $96K Breach of Contract




LETTER
OVERVIEW OF THE EMPLOYEE APPRECIATION $96,000
BREACH OF CONTRACT

Listen to this GRF board meeting tape very closely. These two directors pretend to be loyal and trustworthy GRF trustees. A honorable trustee would be fighting for the shareholder to keep the 96 thousand but these directors (Murphy & Rosenhaft) use: Deception, beguilement, deceit, bluff, mystification, bad faith, and subterfuge are acts to propagate beliefs that are not true, or not the whole truth (as in half-truths or omission). Deception can involve dissimulation, propaganda, and sleight of hand. It can employ distraction, camouflage or concealment. There is also self-deception as in bad faith. It doesn’t take much research (IRS CODE 4958) to investigate the federal and state governing documents. The answers are in the rules, regulations published in this document. and on the internet. This GRF board has already lost its exempt status and are liable for millions in IRS fines and penalties .




Some directors in Laguna Woods Village act as agents of influence. This is an agent of some stature who uses his or her position to influence shareholders opinion or decision making to produce results beneficial to the managing agent. (smetimes called moles) Agents of influence (PCM PUPPETS) are often the most difficult agents to detect, as there is seldom material evidence that connects them with a greedy power but they can be among the most effective means of influencing residents opinion and actions as they hold considerable credibility among the residents.  Most commonly they serve the interests of a managing agent or contractor in one of three ways: either as a controlled agent directly recruited and controlled by a contractors power; as a “trusted contact” that consciously collaborates to advance greedy interests but are indirectly recruited or controlled by a managing agent’s power; or as a “useful idiot” that is completely unaware of how their actions further the interests of a managing agent.



Introduction: Video of GRF Decision
Duration: 6 minutes
Content: $96,000 GRF/PCM Contract
Date of Contract: May 23, 2008
Breach of Contract: PCM/GRF
Violation: Governing Documents
Documents: IRS Intermediate Sanctions
IRS Code: 4958
Violation: Excessive Benefits $96,000
Penalty: Reimbruse amount pus 25%
GRF/PCM Contract: $96,000 Null & Void
Play: Click left side of the box - you need to download pdf file - click here to download
Directors: Murphy & Rosenhaft

BREACH OF CONTRACT
We the Shareholders have Reviewed the terms, conditions and the duration of the Professional
Community Management , Golden Rain Foundation contract with our IRS Laguna Woods Village nonprofit exempt corporation. We have discovered that GRF did not fulfill its obligations in reporting excessive benefits on the IRS 990 Form in May 2008 as required by the IRS. We considered this nondisclosure act as a breach of contract. Since the IRS duration date was January 2009 the 90 day duration notice period of the contract has expired, ( January 2009) This $96,000 dollar contract was breached by PCM/GRF and the $96,000 dollar annual contract is now considered expired/terminated. Contract is considered Invalid (PCM Contract and Management Agreement) Why?
· GRF is required by law to send A 30-day letter (2009) and notice of deficiency ($96,000)
relating to the liability for IRC 4958 excise taxes for a tax year should include:
· All excess benefit transactions occurring during the tax year (GRF has never reported a
excess benefit on it Form 990)
· IRS penalty can be both the 25% initial excise tax and 200% additional excise tax relating to
each excess benefit transaction occurring in the tax year.
· Failure to abide to the federal law (Code 4958) makes this contract transaction null and
void.

Section 4958
Penalties for Excess Benefit Transactions
Amount Excessive Benefit By GRF Not Filed With IRS: $96,000
Disqualified Person’s: GRF/PCM
Date Received the Excessive Benefit: May 2008
IRS 990 Form Excess Benefit Transaction: Due Jan 2009 (GRF did not file excess benefit) June 29th 2012 Comments by Third Mutual Director Straziuso: “Employee “appreciation” gifts and events are a normal budget line item and occurrence at almost all companies”

NOTE: Director Straziuso is under Election Campaign Donation Fraud investigation. He voted 100% on all issues that support the managing agent. See Board repay videos.

July 3rd 2012 Comments by Director Murphy “It’s a contract ($96,000) and we must
honor it. It would be overturned if we didn’t accept the contract” See video
NOTE: Directors forgot to explore the governing documents or he would not make such a statement

July 5th 2012 Editors Comments: It appears the property management has put so much on the exempt organization Directors that they appear to acting out of “Willful Neglect” The Shareholders are seeking any approach to preserving the soundness and integrity of the nonprofit community must strike a careful balance between the two essential forms of regulation—that is, between prudent legal mandates to ensure that organizations do not abuse the privilege of their exempt status, and, for all other aspects of sound operations, well informed self-governance and mutual awareness among nonprofit organizations. Such a balance is crucial for ensuring that structures of accountability and transparency are core strengths of our nonprofit community, affording our organization the support they need to pursue their various callings and the flexibility they need to adapt to the changing needs of their communities.

Invalid PCM Contract and Management Agreement: GRF is required by law to send A 30- day letter and notice of deficiency ($96,000) relating to the liability for IRC 4958 excise taxes for a tax year should include:
· all excess benefit transactions occurring during the tax year (GRF has never complied)
· Both the 25% initial excise tax and 200% additional excise tax relating to each excess
benefit transaction occurring in the tax year.
· Failure to abide to the federal law (Code 4958) makes the transaction null and void.
Joint and Several Liabilities for disqualified person(s) as well as directors: With
respect to any specific excess benefit transaction, if more than one person …

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LETTERS
We received a follow up letter, posted below,  to a GRF resolution  outlining rules of engagement for open board meetings (click here for copy) scheduled for approved today.  We asked  Ms. Donie Vantizian, co-author of the long-standing Los Angeles Times column "Associations"  to comment on the merits of such letter, and have included her response under Comments below
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RELATED VIDEO CLIPS
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