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Discussion Forum>
FACT CHECK..... All Owners
Jack Wiley
2 posts
Sep 16, 2009
4:29 PM
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Fact Check
All Owners
Jaana,
Your service at the meeting is noted with appreciation.
No where did I infer or state you were included in any post meetings. My statement was and is exactly correct when referring to State of Sonora Condominium Law. For several months accurate information regarding this law has been presented to the board, leadership group and a number of owners. Information presented regarding deficiencies within the Las Palmas CC&R's was accurate. To the discredit of the board this information was both discredited and ignored.
The lengthy discussion at the meeting did absolutely conclude our CC&R's are not in compliance with the controlling state law. Therefore to state as you did omitting all reference to state law in your newsletter was at best misleading. In fact if the intent of the news letter was to inform owners why did not the focus point of the meeting - illegal formatted CC&R's - not receive a prominent statement.
If you can not accept state law as controlling how can you be part of the solution and act in the best interest of all owners.
I have no authority to demand the board act as I direct. I do however have the authority as an owner to demand all board action or lack of action comply with all applicable laws as does every other owner.
My comments were posted to all owners via www.laspalmashoa.com. If this is the incorrect address to address owners please provide that, that is proper.
Regarding "committee" the only correction necessary is that you assume the committee was appointed during the meeting. If I wanted to state the appointment was discussed during the meeting I would of so noted.
I have previously served on 3 HOA Boards: President (2), Vice president (2), Treasurer (1), I am currently serving on a 4th Board as HOA President This service reinforces my creed of delayed justice is justice denied since inequity magnifies both problem and passion.
What is absolutely necessary for the board is to understand what the State Condominium Law requires then follow through articles of Incorporation, Public Recorded Deed and Regulation to reconstruct where required. The effort to achieve conformity has begun. The result of this task will assure owners their governing documents comply with all legal requirements.
Jack Wiley
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Jack Wiley
3 posts
Sep 17, 2009
3:52 PM
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Jaana,
Again I am baffled. How is it that you can sit through our meeting of which approx. 95% was devoted to the legal distribution of HOA fees and vote without commenting on that fact in your newsletter but was able to cite State law articles 32 and 37. Editorial discretion?
I am also baffled as to why you incorrectly assumed that I stated a want or desire to become the HOA's legal representative.
Let me be abundantly clear I am not, was not and never will be an attorney, This fact is widely known. Also let me inform you Raul was hired by me to represent another HOA. Although a friend, Raul would never permit me to legally advise any entity.
Finis please.
Jack Wiley
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