On March 3, 2004, the following letter, as a response to three petitions (most importantly and most recently the Term Limit Petition, and the earlier Fence Color Petition as well as the Conflict of Interest Petition) duly filed by homeowners representing more than 5% of the voting power of the Master Association, was received from the Management company Keystone Pacific.
Preliminary notes and observations about the letter:
The Marina Hills CC&Rs state that the Board "has the duty to notice a Special Meeting within 20 days of receipt of the petition." The CC&Rs does not give the Directors the option to interpret the desirability of a petition. Therefore, the above letter does not address why the Board failed to follow the CC&Rs within the prescribed time frame.
The letter not signed. Who is responsible? Did all Board Members agree to violate the CC&Rs or was it a majority decision? At which meeting of the Directors was this decision made? Was notice given to this meeting to the homeowners?
The letter is written on the letter head of Keystone Pacific, not the Marina Hills letter head.
On March 5, 2004, SaveMarinaHills called Cary Treff, President of Keystone Pacific (direct line 949-838-3238) and inquired why the letter was written on Keystone Pacific letter head. Mr. Cary Treff stated that this communication was distributed at the instructions of the Marina Hills Board of Directors. He stated that all communication from his office is on the Keystone Pacific letter head. He further stated that since the information had been prepared and reviewed by the Attorney for the Directors, Mr. Richard Tinnelly, Keystone Pacific assumes it to be legal and correct.
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