Mr. Strupat brought up that the votes for the two districts, Vistara and Amarante were not counted and should be actively counted. Hans Strupat stated that the votes for the Vistara and Amarante Districts need to be counted from the Delegate District Membership Meeting on March 23, 2005.

Hans Strupat was reminded by the other Board Members that a strict reading of our CC&R’s precludes the counting of votes that are not cast due to the absence of the appropriate District Delegates.

During the November 9, 2005, Board Meeting Mr. Johnston responded to the questions that were posted on this web page after the September 14, 2005, Board Meeting. because Mr. Chuck Johnston did not feel that SaveMarinaHills presented correct information.

1. Why was a competing offer to replace the wall for $5,800.00 not even considered?
"The $5,800.00 bid was submitted as a very general cost estimate since they did not have repair specifications and the said cost could be much higher. Bridgeport Builders had been awarded the contract in earlier bidding for the entire community project."

2. Why was Management’s suggestion to invite Bridgeport Builders to the October meeting not considered?
"It was deemed unnecessary since Bridgeport had been awarded the perimeter wall repair contract in earlier bidding."

3) Was the wall with the comparable crack replaced or repaired in 2004?
"This is an expansion joint, not a crack. Therefore, no repair
was necessary."

4. Will the $22,000.00 replacement guarantee future cracking?
"A very stupid questions! No, the $22,000.00 replacement
will not guarantee future cracking."

5. What is the difference of the wall with the comparable crack and the wall on Board
Chuck Johnston?
"One is a crack caused by earth movement. The other is an
expansion joint purposely designed and built into the wall."

6. What specific criteria were used to presumably repair one crack and to completely
replace a perimeter wall section on two what appears to be similar cracks?
"They are not similar cracks, one is an expansion joint which is specifically designed and incorporated into the wall construction. A crack is caused by earth movement."

7. Why did Mr. Chuck Johnston did actually vote for, rather than abstain, on
performing $22,000.00 work on the perimeter wall on his very own property?
"All of the perimeter walls in our community are the property of the Association. The perimeter wall behind any individuals’ house is not the property of the homeowner."

During the November 9, 2005, Board Meeting Mr. Johnston stated that on the "Save Marina Hills" web site it said the Board ordered Mr. Strupat to shut down the web site. This was a false statement. The motion made was to "request" Mr. Strupat to discontinue his own personal web site and newsletter.

Also, during the November 9, 2005, Board Meeting Ms. Baker stated:Mr. Strupat quotes on the SaveMarinaHills.org web site that motion as ORDERING him rather than REQUESTING. Ms. Baker had pointed this out to Hans in a conversation she had in Mid-October. As of the day of the Board Meeting this distortion of the facts was not corrected on the web site.

All board members expressed good hopes to work productively during the next year on the now diversified board. President Linda Baker welcomed Member-at-Large Hans Strupat with a hand shake as a new board member.

Hans Strupat, as part of the officer report said: "First of all I want to thank all the supporters of SaveMarinaHills for their vote. Thank you.|

Second I wanted to respectfully invite all those homeowners who didn’t vote for me to take any opportunity to engage in a constructive dialog so I can accurately represent all homeowners interests during my time on the board.

As many of you know, I have had and will continue to have an open door policy, meaning you may call my personal SaveMarinaHills phone number at any time. And that is 949-218-7408.

I also want to thank my newly acquired colleagues for their welcome. I am looking forward to a productive time on the board and I hope we keep Marina Hills on a successful course and maybe even improve a thing or two."

Strupat continued: " I think that we are actually making progress already. For the first time that I can remember does the Agenda for this meeting actually contain dollar numbers for various bids contracts. We have, for example, a perimeter wall issue where bids range from $980 to $22,000, and different holiday lighting proposals ranging from $3,900 to $4,300. I consider these public disclosures to the homeowners an important piece of progress.

I am glad to be on the Board of Marina Hills; I hope that I can make a difference."

The official agenda, published at the official MarinaHills.org web site, for the September 14, 2005, board meeting under point VIII B talks about a perimeter wall repair/replacement at the property 15 Agia. Crack in perimeter wall at property of Board Member Mr. Chuck Johnston

The agenda suggests to invite Bridgeport Builders, the contractor who in 2004 repaired all Marina Hills perimeter walls (to the tune of $2,000,000.00) to the October board meeting so the Directors can make an informed decision as to whether repair the wall for $980 or to follow Bridgeport Builders proposal and replace the wall for $22,000.

The official agenda does NOT mention that the perimeter wall in question is on the property of board member Mr. Chuck Johnston.

A quick look around the perimeter walls with similar cracks netted the following. Comparable, presumably repaired, vertical crack at another property on Agia.

This crack, on a another property on Agia, seems to have been repaired (possibly during the 2004 repair). The height of both walls at the crack location is about 8 feet.

Without sufficient discussion the Board voted to 4 vs 1 to replace, for $22,000, a section of the perimeter wall on Board Members Chuck Johnston's property.

Here is a list of unanswered questions:

1) Why was a competing offer to replace the wall for $5,800 not even considered?

2) Why was management's suggestion to invite Bridgeport Builders to the October meeting not considered?

3) Was the wall with the comparable crack replaced or repaired in 2004?

4) Will the $22,000 replacement guarantee future cracking?

5) What is the difference of the wall with the comparable crack and the wall on Board Member Chuck Johnston?

6) What specific criteria were used to presumably repair one crack and to completely replace a perimeter wall section on two what appears to be similar cracks?

7) Why did Mr. Chuck Johnston did actually vote for, rather than abstain, on performing $22,000 work on the perimeter wall on his very own property?

Within minutes after the 4 vs 1 vote on the perimeter wall of his house, Mr Chuck Johnston, motioned the board to decide on a matter that was NOT even on the agenda:

During a discussion about re-introducing a calendar to the official Marina Hills web site, Mr Chuck Johnston motioned to require Hans Strupat to shut down the SaveMarinaHills.org web site - the very web site that you are reading now.

Mr Chuck Johnston and Linda Baker argued that homeowners and potential new residents get confused about which web site, MarinaHills.org or SaveMarinaHills.org, officially represents the opinion of the Marina Hills Planned Community Association. They argued that the Board should speak with one voice, and that that voice should be the official MarinaHills.org web site which is controlled by the Board majority and maintained by Keystone Pacific, the management company.

Hans Strupat argued that the official web site does not even contain a copy of the governing documents (CC&Rs and Bylaws), nor does it report any differing opinion, such as the controversy about the March 2005 omission of about 300 homeowner votes during the term limit amendment vote.

When it seemed clear that unanimous decision could be achieved, Mr Chuck Johnston, again asked for the vote. The Board voted 3 to 1 (loretta Pierce had left the meeting already) to shut down SaveMarinaHills.org – this web site!