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We take exception to statements that Mariners Point homeowners who have complaints should get involved in the association.
We were actively involved in our communtity for the last two years but have resigned from the newsletter committee, the architectural committee, the community relations committee, and now the landscape committee.
We were intimately involved and became increasingly unhappy with the politics, maneuvering, and decisions of the association leadership and representatives.
An organization is no better than its leaders no matter how much involvement by its members.
By Gates Residence
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We strongly agree!!
We strongly agree. I have been involved in the original Landscape Committee, Architecture Committee, & Rules and Regulations Committee. The committee system is deeply controlled by special interests, and wherever the board's special interests are threatened they eliminate committee members. Unfortunately, these issues are hidden deeply out of sight of the association membership. What is needed is a policy of open reporting of all minutes of committees, boards, contracting activities, and financial activities as prescribed in our Bylaws (see Article XI, page 17, "Inspection of Books and Records"). Yesterday, 5/20/00, I was denied access to the records cited in this Article by Dan Teter of Walters Management, per advice of Joel Kriger, Atty for our Association. Our association is not an ATM machine for special interests of a few homeowners, and a valid reporting system is long overdue.
By Pyper Residence
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Books & Records
Dear Mr Piper:
I reviewed your post and am concerned about the implications and claims that you have made. I am hoping that your situation is either a misunderstanding or a simple issue of not following proper procedures.
I reviewed the section of the Bylaws that you referenced and it clearly states all books of account and minutes of meetings of the Members, of the Board and of any and all committees shall be available for inspection and copying by any Member of the Association.
The only requirement for you to inspect said records, is that you must state your purpose in writing and your purpose must be reasonably related to your interest as a Member.
This restriction is very opened ended and is consistent with the rights afforded you under Section 8330 of the California Corporations Code.
If you did the following two things, you should have been granted access:
1)You should have supplied the custodian of the records with a reasonable purpose for reviewing the records and your reason should indicate how your request relates to your interests as a Member of the MPHA.
2) Your request should have been in writing.
If you did these two things, the custodian of the records has the right to require you to first pay for the cost of photocopying the records and they can also set forth the hours and days of the week that record inspections are allowed.
If you followed the above procedures, paid the appropriate money, at the time and day that such inspections are allowed, then you have a case to be made.
If so, I would encourage you to write a letter to the board, Mr Dan Teter, and to Mr. Joel Kriger, indicating that you beleive that they are in violation of section 8333 and state the facts including the procedures that you followed.
If you do not receive a satisfactory response or gain access, you have a couple of choices:
1) You could contact an attorney to represent you and hopefully your legal representative will help you to gain access to these records; or
2) You could bring whatever evidence you have to the next board meeting. (i.e. a written response denying you access and signed by either a board member of a representative of the Mgt company; This would be another method to enlighten your fellow Members of the situation; and then,
3) I would encourage you to make an effort to get elected to the board and encourage other responsible Members, with Intergrity, to do likewise, so that we can have board members in place that take a leadership position and that also have a clear understanding of the CC&R's, the California Corporatons Code, and the responsibility to abide by both and enforce both in accordance with the law.
Good luck
By Dan Yates
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Violation of Law
Mr. Yates - I did precisely what you suggested in order to gain access to financial records and was told over and over again that I had no right to review any records that were not sent to the membership of the association by the board. I agree with you that the board, the attorney, and the property manager are all in violation of Section 8330, et. seq. of the CA Corporation Code. This is not the first time the board has acted is such a manner, and I'm sure it will not be the last unless they are removed. Many of us are shocked at their reprehensible behavior.
By Walt Pyper
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