This is not the first time in the history of Marina Hills that an attempt is made to bring back democracy to the homeowners of Marina Hills. In 1997, a duly elected Board Member, Mr. Sullivan, attempted to look behind the scenes and bring transparency of the director's actions to the homeowners of Marina Hills. After several months in office, the majority board members, including the still sitting Tom Szwajkos, initiated a law suit against the new and duly elected board member Sullivan. The CC&Rs forbid the Directors to initiate lawsuits for these reasons.

In an effort to help the minority board member nine of the eleven District Delegates attempted to recall the entire board. When the votes were counted more than 70% of all Marina Hills homeowners voted to recall the boards. In a desperate effort the then board members including Szwajkos, again against the rules of the CC&Rs, sued all nine Delegates and hurriedly (while unethically using the resources of Keystone Pacific) changed the CC&Rs to be able to declare the 70% plus recall vote of the homeowners as procedurally flawed.
The legal costs of the then Board are estimated to be about $140,000 (two Superior Court trials with depositions etc.)

Now in 2004, the Directors, instead of simply following the CC&Rs, again are attempting to avoid democracy and they are starting to amass legal costs to defend themselves against the will of the homeowners. The Directors are using our homeowner funds to defend their positions on the Board.