Saturday, August 10, 2013

Vicious Dog in Coto de Caza – But you have no right to know

Posted By CotoBlogzz

Coto de Caza, CA – On June 22, 2013, Bill Kirkendale sent a letter to the CZ Master homeowners’ association in Coto de Caza informing it of an incident where his dog was attacked by a vicious dog and asking it to take action.  Mr. Kirkendale also reported the incident to Orange County Animal Control.

End of story, right?


On July 29, 2013, Mr. Kirkendale felt compelled to issue the public service announcement below

The CZ Master association has notified residents that vicious dogs in the neighborhood will be allowed to roam free and unleashed. This notification came about after a terrorizing vicious dog had attacked and mauled a resident's dogs about a month ago while being walked by a disabled child...

This is a Public Service Announcement to ALL Coto residents. 

After he was informed by Keystone Property Management representative Tina Rosenbaum that board members had met with the alleged vicious dog’s one month after the reported incident, on June 25, 2013, but
  “  Unfortunately, I am unable to disclose the outcome to you.Members do not have a "right" to know the results. Unlike the public court system where almost every detail of every criminal and civil action can be published, HOA disciplinary actions are held in executive session and minutes or other documents related to the disciplinary action are not subject to review by the membership. (Civ. Code §1363.05(d), Civ. Code §1365.2(d)(1)(E)(ii).)

But wait, there is more.  Because Mr. Kirkendale was keeping the CotoBuzz Journal appraised of the situation, he was issued an edict, that if he spoke to the press again,  the association would not be obliged to service him.  In Mr Kirkedanle’s words:  The association tells me that “if I ever speak to you again or email you again they will cut my heart out and never speak to me again..

Apparently in a common interest development CID such as the CZ Master Association, residents do not have freedom of expression right, but if they choose to speak out, they will not be provided with association services.

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