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Discussion Forum>
Letter(s) to HOA by Graham Robins
mugs
9 posts
Jul 24, 2009
5:56 PM
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Below is the sequence of events that led to the decision to employ the services of a Lawyer.
Las Palmas AGM January 31, 2009 - sequence of Events - Voting irregularities:
1) During the counting of the votes for the first ballot, the 1 year term, I took apart my ballot booklets to group them. I had a total of 7 booklets, including proxies, and discovered that I had 4 extra ballots for the fee structure and was missing 4 for the keyless entry vote.
2) I immediately told Shannon and expressed my concern that I could not be the only one to receive extra ballots. She said something like “….don’t worry there are only 125 eligible voters…”. She then took my 4 extra for the fee structure and gave me 4 more for the keyless entry.
3) Sure enough when the votes for the 1 year term were totaled the vote was 85 and 40 – 125.
4) When the votes for the fee structure were tallied there were 113 votes for, 14 against and 1 spoiled ballot – 128 votes – 3 more than there were eligible voters.
5) During the open forum when I brought up what I thought were irregularities, it was acknowledged that something was wrong. I said something like “…thank you for acknowledging that, I am certain it will be in the minutes…”. A few others present acknowledged they had also received extra ballots.
6) The next day, February 1, 2009, when I voiced my concern to Francisco Montana, he said something like “….don’t worry Mr. Robins the Attorney Raul O'farrill ( Legal Counsel for our Last Assembly ), will audit the whole process and if anything is found wrong, he will report it….”. I said something like “….good, I am going to hire a Mexican Attorney, to audit the audit and proceeded to do so.
7) On February 19, 2009 I received an email from Francisco Montana who said, in part “…He (a board member) has already met with Attorney Raul O'farrill ( Legal Counsel on our Last Assembly ) and has valuable information for you….please call him..”.
8) When I spoke to the board member that same day, he informed me that yes, there were irregularities and the vote should be “Nulo” – Null/Void. He then went on to say there would be a mail in vote on March 20, 2009.
9) I followed up with numerous emails and phone calls and had a few exchanges back and forth with 2 board members. One of the emails confirmed there had in fact been too many ballots issued and voted, then I heard nothing more after the middle of April.
10) Still hoping to be able to resolve the issue within the U.S.A. we contacted a U.S. Lawyer and had them notify the HOA of our position in the May 8, 2009 letter to the HOA.
GHR
________________________________________________________
My name is Graham H. Robins and I own Villa #19.
I can only speak for myself and in my case it is not a matter of not paying
I have been paying as in the past and as per the Las Palmas project documents CC&R's – (Paragraphs 6.6.1 and 6.6.2) “…at a uniform rate per membership…”.
Our U.S. Lawyer sent this letter to the HOA on May 8, 2009:
THE LAW OFFICES OF
RESICK HANSEN & FOLLIS
Thomas J. Resick 412 N. Commercial Street Telephone (360) 671-9212 Brian L. Hansen Post Office Box 5846 Fax (360) 671-9226 Starck M. Follis Bellingham, Washington 98227 Tom@RHF-Law.com
May 8, 2009
Francisco Montaño
HOA Manager
Paseo de Las Palmas
Costa Diamante, Ferrocarril Playas
Puerto Peñasco
Sonora, Mexico
CP 83554-CR83551
Jerry Petty
Las Palmas Community Association
891 E. Warner Road, #100-126
Gilbert, AZ 85296
Dear Mr. Montaño and Mr. Petty:
I have the honor of representing Graham Robins, Sr. Our office has represented this gentleman and his business over many years.
Mr. Robins has informed us that there have been problems regarding voting procedures at the homeowners association meeting. I have been informed that, unfortunately, more ballots were issued in a recent meeting than there were eligible voters. If this is the case, and apparently everyone acknowledges that it is so, it would appear that this would make the election null and any actions taken by the election would not be valid.
My client has continued to pay his normal level of assessments which are equal to everyone else’s assessments. Mr. Robins is pleased to do so as he was informed that he and his residence would be treated the same as everyone else through the years.
In any event, we will look forward to this error being rectified.
Yours,
THOMAS J. RESICK
TJR/csd
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mugs
10 posts
Jul 24, 2009
5:59 PM
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Response by Dan Dimovski:
Mr. Robbins has addressed concerns regarding the voting process to the board. After a review of his concerns the Board believes that the voting was consistent with past practices regarding voting processes in the Las Palmas HOA and is upholding the new HOA dues that were effective January 1,09
The board will do what it can within its powers to enforce the new fees including and up to liens on property as well as shutting off service to any unit that is delinquent and refuses to cooperate with the board on full payment. Currently, we have been successful in working with owners and have brought down the delinquent accounts to a very reasonable level under the circumstances with our current economic conditions.
Additionally, the Board would like to be diligent, responsible and will accept legal advise on how to best move forward in this matter. Any action taken will be communicated to the owners.
It is our goal to be fair to all owners however, one thing is clear the majority of the owners have spoken and the majority wanted fair HOA fees. Any action taken by the board take this stand.
Will keep all owners posted on our official owners web page.
Dan
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Rkelley
1 post
Sep 08, 2009
7:45 PM
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It is quite apparent that some Las Palmas owners do not subscribe to the theory of fairness that fosters the notion that whenever persons or groups of persons voluntarily accept the benefits of a mutually beneficial scheme of cooperation requiring sacrifice or contribution on the part of the participants and there exists the possibility of FREE-RIDING, there exists OBLIGATIONS of fairness on the part of these persons or groups to cooperate in proportion to the benefits accepted.
The efforts to correct the leverage of Association fees based upon a more equitable scheme are FAIR, reasonable, adequate, and in the best interests of all Las Palmas owners.
As a stakeholder with a small one bedroom condo in the Bonita building, I urge that all fair-minded owners' step up to and remove all of the obstacles to making the vote that we took permanent.
Regards,
Ron Kelley
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GHR
2 posts
Sep 09, 2009
10:49 AM
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There is more recent information here - http://www.laspalmasowners.com/modules/newbb/viewtopic.php?topic_id=266&forum=41
Thank you
GHR
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jaana
2 posts
Sep 13, 2009
4:32 PM
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sept 12th meeting..... 118 in favor, 19 not in favor 1 void 7 delinquent total of 145 proxys.
For some reason there is a home owner that gave delinquent owner proxys in Jan meeting gave us delinquent owner proxys again in this meeting I am not sure if this is done purposely to give us grief and trying to mess up our voting system. It sure makes you wonder.....????!!!!!!! hmmmmmmmmm
I am very proud of Las Palmas owners that they took their time to voice their opinion in our community.
Also I noticed at our meeting that there is few owners that expect some one else to to all the work for them when they do not like some thing in our system.
I would suggest if you do not like something....... it is your responsibility as a owner to do some thing positive and start the work to fix the problem and do not expect some else to you work for you .... if you are going to bitch,bitch, bitch about the problem take a positive effort to fix it instead of trying to destroy our community.
Put all your effords where is dose some thing good.
What is the saying...."when you point a finger at some one else you have 3 fingers pointing at your self".......
I guess there is also a saying "there is all ways a bad apple amongs the good ones...."
I want to thanks all of your very nice a positive e-mails it is sure nice to know that there is so many good hearted and kind owners in our Community....
God Bless and have a wonderful fall.....
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