Thursday, October 04, 2012

City of Clayton Homeowners Association Voting Rights Scandal

 City of Clayton CA officials discovered at the core of voting rights scandal. Judge Steven K. Austin, Contra Costa County Superior Court intervenes. Clayton's incumbent Mayor, Howard Geller, and City Planning Commissioner, Keith Haydon, deny an entire community the right to vote.

Posted By CotoBlogzz

Clayton City, CA - For over 10 years, the  homeowners in the Westwood Property Owners Association have been denied their right to vote guaranteed under the Association's CCRs (Articles 9v2, 9v3, and Article 14(e)). Association Board President, Haydon, along with VP, Geller, who just resigned, run the Association more like a kingdom than a corporation. according to  resident Ann L. Stanaway, who in a David Vs Goliath battled the Association's million-dollar defense team winning back the community's right to a democratic vote.

 Howard Geller, current mayor standing for re-election to Clayton City Council, has just resigned as vice-president of the Westwood Property Owners Association Board of Directors ,  Ms, Stanaway’s  opinion, to avoid tainting his candidacy with the circumstances surrounding this settlement

This dispute remains unresolved since January, 2009.--settlement negotiations since June 19, 2012.

Ms. Stanaway’s attorneys continues to request a copy of the Board-approved secret ballot to conclude this  protracted litigation.  So far, no movement from Westwood's Board.    “ While respecting the judicial process, I remain committed to obtaining the best result for the community -- the right to participate in free elections.  The content of this website contains information vital to the electorate of the City of Clayton; hence, its pre-final settlement publication.” Referring to Ms. Stanaway’s website at

As part of the settlement, the Board of Directors of the Westwood Property Owners' Association has finally agreed to allow the homeowners to vote on the validity of Supplementary Policies unlawfully adopted and enforced by the Board since 2001.  In addition, negotiations have convinced the Board of the wisdom of compliance with State of California law governing election procedures.  Now, an independent, third-party inspector of elections will control the voting, distributing a formal election packet containing a secret ballot to each property owner.  The membership may ignore the whollyunlawful non-secret ballot package hand-delivered by Board members in mid-July!(LINK to unlawful ballot) After over 10 years, Westwood will have due process.

Should Coto de Caza’s CZ Master Association not follow suit and stand up to the current board?

“Westwood needs first-class governing documents which reflect the ideas and ideals of the community.  The CCRs and California Law provide a protocol for amendment by the homeowners.  Rejecting these half-baked and dangerous Supplementary Policies is a good start” says Ms. Stanaway.  Adding that  the Supplementary Policies are rife with vague terms such as reasonable, appropriate,  and attractive.  These words leave the meaning of each policy open to broad interpretation.  The Board of Directors has complete discretion to interpret policy and can act in a completely arbitrary manner once the Supplementary Policies become amendments to the CCRs.  In effect, a $50/day fine could be assessed for almost anything!  Threat of foreclosure could become commonplace.

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