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 https://sites.google.com/site/wwbulletin/
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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