There are two sets of 'Term Limit' petitions
that have been presented to the Board of Director of the Marina
Hills
Planned Community Association within 2004: The first
petition was presented on January 13, 2004, this current set
of three petitions was presented on September 8, 2004.
Each set of 'Term Limit' petitions was
signed by more than 5% of the Marina Hills homeowners. Each set of
'Term Limit' petitions asks the Board to allow the Marina Hills homeowners
to vote on three issues:
1) Limitation of Number of Terms for Directors
2) Elections rather than Appointments for Vacancies on the Board
3) Immediate Effectiveness of Term Limitations for Directors
The Directors, according
to the Bylaws are required
to call a Special Meeting of the Members within 20 days of receipt
of the petition. The Directors violated the Marina Hills Bylaws!
Arrogantly, in a letter
from March 3, 2004
they denied the homeowner's legal right to vote. The Directors (Linda
Baker, Jane Dry, Chuck Johnston, Vito Ferrante and 12-year veteran
Tom Szwajkos) did not provide a reason for violating the homeowners
rights.
During the July 2004 Board meeting Linda Baker
gave a questioning homeowner an appalling
explanation stating
that the January 13, 2004 petition was wrong, because it petitioned
more than one issue. The Summer 2004 SaveMarinaHills.org newsletter
issue reports in response: "Linda Baker is absolutely wrong,
neither the
CC&Rs nor
the Bylaws
allow any Director to qualify and/or turn down any properly presented
homeowners' petition." As a tactic to get the ball rolling again,
and to eliminate the Directors' argument (however wrong it may be)
the petitioning homeowners drafted this new and current set of petitions.
One more time: this current set of three petitions
asks for the same three issues that the single January 13, 2004
petition asked for.
The current set of petition again was signed by more than 5% of
all
Marina
Hills homeowners. The 5% group of homeowners having signed the January
2004 petition is almost completely different from the group having
signed the September 2004 petition, therefore, a total of almost
10% of all Marina Hills homeowners have expressed an interest to
see term limits.