WHAT WILL HAPPEN IF THE BOARD OF DIRECTORS IS RECALLED

· On July 1, 2010, Ballots will be mailed to homeowners asking them to vote on whether or not to recall the Board of Directors.


· August 1, 2010, A Special Homeowners Meeting will be held to tabulate votes for the recall.

· If the Board of Directors is recalled, nominations will be solicited for the five open positions. Many homeowners, including board members, have expressed an interest in becoming candidates.

· After the 20-day period in which homeowners have announced their candidacy, an election will be scheduled.

· Ballots will be mailed and homeowners will have 30 days to vote for a new Board of Directors.

· At a Special Meeting of the Homeowners Association, votes will be tabulated and the newly elected Directors will take control.


The total cost of the recall election is $799.00.

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Friday, June 11, 2010

"WHO YOU ARE SPEAKS SO LOUDLY I CAN'T HEAR WHAT YOU ARE SAYING.." Emerson


Dear Fellow Homeowners:
I am writing in support of the upcoming election to remove the Board.  HOW you may wonder could I possibly be in favor of removing this board when I receive those monthly TIDINGS telling me how great things are? Easy. Because I live here. For 16 years. (I can’t pretend that the photo of some of the plants featured in the last TIDINGS aren’t now dying.) And dying with them are the thousands of dollars of waste money.
It’s a sad sickening feeling watching your home, or your investment, hurtling out of control. For me it would be an even worse feeling not trying to stop it. Maybe that is why other homeowners who have lived here since the beginning, as well as us recent homeowners, for the first time are saying “enough”. And it’s especially sad when for so many years you lived on the ‘jewel of the bluff’. And it’s painful “going downhill” when the community you live in is flourishing, and becoming a renowned place to visit and live. I know; I serve on several boards based in Solana Beach, including the Solana Beach Chamber.
How did we allow this to happen to us when we have the resources of such hard working, loyal employees? For me…I wasn’t paying attention. I am now.
We also enjoyed a long standing “premium” because we had our own gardeners who treated us better than we deserved. The Board tells us we are “cost cutting”. I am all for saving money. But not when the money “saved” will be used to pay the litigation we are involved in. What litigation you may ask? “I didn’t see that in the tidings”?
It’s my opinion that the litigation, and its costs were all unnecessary, and the result of this Board’s action or inaction. We traded 3 gardeners for one lawyer. Lawyers don’t pick up the trash that accumulates on our property. They don’t rake, sweep, trim or hedge, and they well don’t make us feel safe. They send us bills.
It is also my opinion that the litigation against us, and the clouds of potential litigation coming our way, is again the result or inaction of the Board. This is based on my experience as a lawyer for over 25 years.
The Board has also misled us into believing that the recent landscaping changes are mandated by government water restriction. This is simply not true. The water restrictions do not mandate these changes. They only require a slight reduction in water use. In fact we are in the lowest level of mandatory water restriction. Sprinklers in the summer are limited to 10 minutes a day 3 days a week. In our 35 year history we thrived in worse.
It is my opinion that the water restriction “scare” is merely a pretext for landscaping changes that are slowly giving us that “tenement” look. Admittedly, I know very little
about landscaping, plants, trees, and architecture. I do know about honesty, transparency and full disclosure. In these areas we are falling apart.
We also have the issues of the Board lavishing the resources on themselves and a select few. We have the issue of the Board selectively enforcing the rules. We have the Board discriminating against certain homeowners. We have the Board unwisely, and possibly illegally, delegating authority to committees. This is a recipe for disaster. However we are not baking cakes here. This is a multimillion dollar complex with about a million dollars in reserves.
I have been informed that the recall election date has been set for August 1, 2010. It is my opinion that the date chosen, which is about the maximum number of days according to California law, is to give this Board time to try to “clean up the place” to convince us that the purple flowers aren’t really dying. Is that truly and honestly the way back to the formerly wonderful place we once were?
Lets see. Unnecessary litigation? Check…Dying plants? Check…Wasted money? Check…Lack of disclosure and misinformation? Check…Selective and discriminatory enforcement of rules? Check…Recall and new board? Check…
Lastly this is not intended as a personal attack on any homeowner. I feel blessed to have such great neighbors. But there is a good reason I carry a briefcase instead of a rake. I am just not very good with plants.
Feel free to contact me for any reason at martins607@aol.com.
Respectfully,
Martin Schmidt

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