Sunday, May 01, 2016

Clueless In Coto de Caza: HOA willfully ignorant grossly incompetent, or?


May 1, 2016

TO:  CZ Master Association Board of Directors.
CC.  CZ Homeowners
C/o Keystone Pacific,
3001 Tomas Suite 160
Rancho Santa Margarita, CA 92688

RE:  Unacceptable Response to Inspection of Records - collections administration


This is to notify the CZ Master Association board of directors and residents that, I have received Vinnie Davis’ response to my request for records associated with collections administration, dated April 13, 2016 and it is completely unacceptable.

While Ms. Davis letter in response to my request for records is vintage Keystone, it does not only violate the reasonable people principle (RPP,) but also California civil code and federal law, such as Corp code 7233, Corp Code 310, Corp Code §7231, Civil Code §5800, Civil Code §5800 and 18US CODE Chapter 1961 – 1968, for example.

Request of records per civil code

To re-iterate, the request for records consists of two parts:

a.  Part A refers to records that according to civil code, should be produced, like contracts for both Keystone and Harkins:  per Civil Code 5210, records for current year and two prior.  More than likely, these records will not show any improper activity.  

b.  Part B, refers to records that should be produced under the reasonable people principle, not unlike the response by OAH to John Seller’ in his quest to stop tyrannical HOA attorneys & crooked Management Companies – see

Records under Part B should include payments to Keystone/Harkins, such as the amount paid to handle request to inspect records, prepare briefs for Small Claims Court actions, amounts paid for preparation of documents for intimidation and bullying and so on.  These records should appear in the check register, and are required to be available to homeowners per civil code.

What is wrong with this picture?

Keystone/Harkins Dirty Tricks:  Convolution

Ms. Davis’ response conflating with other issues and shifting the burden and obfuscating are just part of the dirty tricks used by Keystone/Harkins in their questionable approach to HOA management, as detailed in Miner Vs Keystone Pacific, C Treff, James Harkins and in the collection:  An HOA Legal Mind a Terrible Thing to Waste

Keystone/Harkins Dirty Tricks: Shifting the Burden

The California Public Records Act under §§ 6250 state that "the people have the right of access to information concerning the conduct of the people's business” enshrined in Article 1 of the California Constitution due to California Proposition 59.  It expressly declared that "access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state." And in California "access to government records has been deemed a fundamental interest of citizenship “and has emphasized that "maximum disclosure of the conduct of governmental operations is to be promoted by the act." By promoting prompt public access to government records, the CPRA is "intended to safeguard the accountability of government to the public." As the California Supreme Court recognized in CBS v. Block. 

Implicit in a democratic process is the notion that government should be accountable for its actions. In order to verify accountability, individuals must have access to government files. Such access permits checks against the arbitrary exercise of official power and secrecy in the political process.

Keystone/Harkins regularly obfuscate the process needlessly, instead of being helpful as detailed
 Letter from OAH Interim Directors Hanchett d Doc 480746 – needlessly sets up an adversarial relationship between homeowners and service providers, except that in this case, the service providers always line up their pockets regardless of the outcome.

Another example of a prompt responsive request for records is the Orange County Board of Supervisors:

Response from OCBOS - No Obfuscation here

Keystone/Harkins Dirty Tricks: Flat out lies 7 Innuendos 

The references to geocoding trees to help with tree management, or water shortage as a contrived reason for indiscriminate killing of trees, or questioning public safety data sourced directly from the OCSD when the board dissed the Lt. responsible for the South Post and sent him packing or the claim that the board cannot do anything about subsidized entities, are just some of the many examples.

Who benefits?  Follow the Money

The CZ board has a fiduciary responsibility to looks after the interests of all homeowners,
The dirty tricks described above do not help the homeowners, but it does benefit Keystone and Harkins and may even help individual board members enabling them to change careers or even protecting subsidized entities

What the Evidence Shows

The preponderance of evidence clearly indicates that Keystone/Harkins, with the CZ board’s consent are using litigation for questionable collections practice:  Why would anyone allow Harkins to charge $30,000 to the HOA for a Small Claims Court action?  Why should a homeowner lose his property for an improperly parked RV?  What is the return on investment on the litigation resources investment?

The preponderance of evidence also shows Keystone/Harkins with the CZ board’s consent, using litigation resources for intimidation and bullying, such as the shaming of a resident by having him write a letter of apology, then having Keystone distribute a copy of the letter to the community.  The crime?  He cut down a tree.  Or what about the residents barred to speak to the press, us left included, as a condition of service?  Or what about the dozens of cease and desist letters aimed at stifling dissent – refer to collection titled HOA Legal Mind - A Terrible Thing to Waste

In addition to the aforementioned intimidation tactics there are The boards, embodied in Mr. Mitchell's reptilian remarks that invalided the CZ Master Association 2016 elections,  like "signage is NTSB-compliant ," and "There is nothing wrong  with golf crossing signage in the most dangerous curve in Coto´ after a series of accidents, or " I have not been able to verify your safety data,"  when the board has failed to meets its legal obligation to deliver 520 patrol hours per quarter and  refused to provide additional law enforcement using the OCSD, as customized legislation SB-298 approved in 2013 allowed.  This led directly to the tragic death of hand Franz Nalezny, 22, January 31, 2014 – perfect illustration of depraved indifference.

Instead of using the OCSD for supplemental law enforcement, after the third fatality at the hands of this board, it rehired the CHP under Captain Jim Fonseca's while the board refused to even meet with the newly assigned OCSD's South  Patrol Lt. Mitch Wang.  While I continue to believe the CHP is one of the most professional law enforcement agencies in California, under Captain Fonseca, the SJC office has been severely undermanned, high turnover (three PIO in less than one year) and response time has gone up from hours and or days to weeks or months.


Xochitl Yocham’s Conflict of Interest

Ms.  Yochama's assertion that requests for records should be sent to the property management company employees despite obnoxious and incompetent personnel, it is clear evidence of willful ignorance or depraved indifference, not to mention Ms. Yocham’s conflict of interest.  Simply for her experience as a member of the CZ board of directors, she was awarded the opportunity to join the enemy:  Joint the HOA industry composed of what to John Seller’ calls  tyrannical HOA attorneys & crooked Management Companies.

Simply refer to the most recent newsletter from HOA law firm Adams-Stirling boasting of having defeated homeowner-friendly legislation like AB-1720 or AB-1799.  This is the positon Ms. Yocham is in and the evidence clearly supports the notion that Ms. Yocham’s loyalties are with the HOA industry.


Any reasonable people will conclude that  the CZ Board suffers from major cognitive dissonance, willful ignorance, gross incompetence, depraved indifference or all of the above.

Clearly the evidence shows that for whatever reason, this CZ HOA board is looking after the interests of service providers and not the interests of homeowners.

The evidence overwhelmingly shows this board is clueless about public safety.  It is also clear this board is either willfully ignorant or incompetent when it comes to ethical fiscal management. 


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1 comment:

JLA said...

Mr. Mitchell no longer accepting our correspondence - apparently, he still cannot verify our data:

: host[] said: 554 5.7.1
Your mail could not be delivered because the recipient is only accepting
mail from specific email addresses. If you feel you received this in error,
please contact the recipient directly and ask them to check their email
settings. (in reply to end of DATA command)

From: "J. BUZZ Aguirre" To: "Xochitl Yocahm" , "Phil Mitchell" Cc: "Cary Treff" Subject: RE: Unacceptable Response to Inspection of Records - collections administration Date: Sun, 01 May 2016 14:15:02 -0700 X-Priority: 1 X-stationery: user Mime-Version: 1.0 x-aol-global-disposition: G X-AOL-VSS-INFO: 5800.7501/109603 X-AOL-VSS-CODE: clean Authentication-Results:; spf=temperror ( while processing the SPF record for we encountered a temporary error.); x-aol-sid: 3039ac1b03c8572671d73cdd X-AOL-IP: X-AOL-SPF: domain : SPF : temperror