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Voila! Calvin Wilson Sneaked Back In! |
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At
about 10:45 AM on February 17, 2005, former Marina Hills Board
Member and now Board-appointed landscape committee member Cal Wilson,
along with Marina Hills Association Treasurer Mr. Vito Ferrante, Keystone
Pacific's Kim Hockings and Villa Park's Forman march into a entry of
a house on Sorbonne. |
Cal Wilson is back, and so is the conflict of interest! Shockingly, SaveMarinaHills discovered that Cal Wilson, husband of the Employee of the Board, Cheryl Wilson, is back in the picture with the power to control fellow homeowners through a position on the Marina Hills Landscape Committee. The picture above shows Cal Wilson mingling with fellow landscape committee member and Treasurer of the Association Vito Ferrante on Cala Moreya on Thursday, February 17, 2005 at 11:11 A.M. In addition Kim Hockings from the management company Keystone Pacific and the landscape foreman from Villa Park Services were traveling around Marina Hills in a truck from Villa Park Services. The picture shows them inspecting a front yard (not a common area!) on Calle Moreya. Cal Wilson had resigned as Board Member on December 22, 2003, amidst questions about (a) Villa Park workers providing allegedly free landscape services in the private front yard of Cal Wilson and his wife Chery Wilson, (b) a proposed Conflict of Interest Petition from more than one hundred homeowners who wanted to resolve the potential conflict of a board member and a dependent family member as direct employee of the Board and (c) two counts of criminal vandalism to a car and theft of a California license plate from a car parked in front of the Wilson residence. In April of 2004 it was discovered and documented that Cal Wilson, and his wife, the Employee of the Board, Cheryl Wilson, had modified the association maintained perimeter wall and had erected a 7-ft tall fireplace in the middle of that perimeter wall. Neither the Wilson family nor the Directors of the Board ever provided any accounting information for the work performed in the private front yard of thew Wilson family. No explanation about the fireplace was provided either. This discovery raises a number of serious concerns and questions: 1) It is the opinion of SaveMarinaHills, that for the benefit of the association, Mr. Cal Wilson should not hold any position within Marina Hills until proper and satisfactory financial disclosure about the services provided by Villa Park has been given to the homeowners. 2) At no point of time should the spouse of an association-paid employee hold any position within Marina Hills. Just look at the fireplace and the alleged commingling of association paid services! The Directors should remove Cal Wilson from his position as Landscape committee member today. If Mr. Calvin Wilson wants become a Landscape committee member after having answered and explained and possibly paid restitution to the association for the above mentioned alleged deeds, his wife Cheryl Wilson should should resign. 3) When and how was Mr. Calvin Wilson appointed to the landscape committee? SaveMarinaHills has observed any and all Board Meetings during the last 18 months. A preliminary investigation of the Minutes of the Board Meetings does not show when Mr. Wilson was appointed. 4) Why is Mr. Vito Ferrante Chairman of the Landscape committe and also Treasurer for the Association. The power to spend and control $2,000,000.00 Dollars each year is concentrated on too few people. The potential for abuse is too great. There are no checks and balances. 5) Why is the "Landscape Committee" inspecting the "front yard" of the homeowner's properties. As far as SaveMarinaHills understands the CC&Rs, it would be the task of the Architectural Committee to approve or disapprove individual homeowner projects. The Landscape Committee, which is NOT regulated in the CC&Rs, is, in the opinion of SaveMarinaHills only concerned with the landscaping of the common areas. Brainstorming with some fellow homeowners about this newly surfaced conflict of interest suggest a more permanent solution to this repeating problem of conflict of interest. The homeowners of Marina Hills might want to consider to eliminate any direct Employee of the Association. A direct employee needs supervision. No Director in a un-paid voluntary position can properly supervise any Marina Hills employee. A direct employee creates un-needed, liability as any small business owner knows. SaveMarinaHills therefore suggests to eliminate the position of "Activities Director", to terminate the sole $60,000 employee of the Marina Hills association and to refill this position with two $30,000 people, who must not be Marina Hills homeowners and who will be there when the homeowners really need them, for example at 7:30 A.M. in the morning, at 6:00 P.M. in the veneing and on Saturday morning. After this has been implemented, and Mr. Calvin Wilson has given proper explanations and possibly paid restitution to the association, he can become a landscaping committee member.
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What are the results of the term limit vote? January 28, 2005 More than 5 weeks after the last proxy was collected on December 21, 2004, and more than 3 months after the first homeowners cast their proxy votes in late October, 2004, and more than a year after 100 homeowners for the first time petitioned the Directors to be able to vote on term limits, the Directors are still delaying the counting of the votes for the proposed term limit amendment. Are the Marina Hills Directors Linda Baker, Tom Szwajkos, Chuck Johnston, Vito Ferrante and the newly appointed Loretta Pierce delaying the results on purpose? Are the directors trying to disenfranchise other homeowners who are showing an interest in association affairs? January 26, 2005 According to Tary C. Loomis-Therrien, attorney for the Marina Hills homeowners, Richard Tinnelly, attorney for the association, has stated that the the homeowners or their attorney are forbidden from witnessing the actual counting of the votes. The counting will be performed individually by Karen Bennett. January 25, 2005 Today the verification of the term-limit proxies for all remaining districts was concluded. Verification was again performed by Karen Bennett, Kim Hockings, and Tary C. Loomis-Therrien. Quorum was achieved in each and every district of Marina Hills. The preliminary and unofficial total number of homeowners who voted and executed a valid proxy is about 638. The purpose of the January 19 and January 25 meeting was to verify the validity of each proxy. That goal was achieved. No actual counting of the votes was performed. January 19, 2005 Today the verification of term limit proxies started. The verification was performed by Karen Bannett, the inspector designated by the Marina Hills Directors, Kim Hockings, the Keystone Pacific employed property manager for Marina Hills and Tary C. Loomis-Therrien, attorney for the Marina Hills homeowners who initiated the proposed term limit amendment. The verification concluded that more than enough valid proxies had been submitted to achieve quorum in the Amarante, Cabo Del Mar, and Palacio Districts. Verification for the remaining districts was postponed to January 25, 2005. The official proxy count for the Bel Fiore District as well as the Vistara District was established shortly after the December 3, 2004, Special Meeting of the members. January 12, 2005 Linda Baker stated at the January 12, 2005, Board Meeting that the Directors had finally decided to actually have the votes counted. Linda Baker stated that the sitting Directors will accept the results of the first proposed amendment (term limitations) and second proposed amendment (elections rather than appointments) proposed amendment, but they will defy the homeowners and they will not accept the results of the third proposed amendment (immediate effectiveness), even if the majority of the Marina Hills homeowners vote for this amendment. Linda Baker stated that the Directors would legally challenge the homeowners' vote. December 23, 2004 Marina Hills homeowners still need to wait longer for the counting of the votes on the term limit amendment. The Directors have postponed the setting of a date when the proxy authorizations will be counted. The homeowners have been informed that the directors will set the date for the counting of the votes at the January 12, 2005, Board Meeting. The Directors continue their undemocratic behavior by artificially delaying the results of the term limit vote. The longer the votes are stored without neutral supervision and without being counted the greater the potential for abuse, as described in a Los Angeles Times article from December 19, 2004.
December 21, 2004 |
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| December 4, 2004
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Swift Over-Reaction from the Directors Almost 200 Marina Hills homeowners, in vain, filed two official petitions to be allowed to vote on term limits for Directors. The Directors, for more than 10 months failed to follow the CC&Rs/Bylaws. Yet, within two days after the homeowners prepared and mailed term limit voting materials (including a notice for the Special Meetings, proxy authorizations and return envelopes to all homeowners) the Directors apparently spend more than $2,000 of our association dues to attempt to discredit the efforts of the petitioning homeowners. The Directors, in their letter, state that they will challenge the will of the homeowners in court if the amendment is passed. In other words: The Directors intend to defy the democratic will of the homeowners if the majority of the homeowners decides for term limits. It is this very undemocratic attitude of the long time Directors that makes it necessary to introduce term limits for Marina Hills Directors. It appears, once again, that the Directors do what they want, rather than what the homeowners want. Just remember the fence color manipulation. Please vote and mail the Proxy Authorization to SaveMarinaHills.
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"Term Limit" vote underway! SaveMarinaHills volunteers prepared voting documents for "Limitations for Number of Terms for Directors" and called [according to California Corporations Code] a Special Meeting of the Members. The mailing was performed with the help of Keystone Pacific (Marina Hills Planned Community Association Management company) personnel . The mailing was initiated by SaveMarinaHills.org volunteers after the Directors Linda Baker, Jane Dry, Vito Ferrante, Chuck Johnston and Tom Szwajkos, for the second time, had failed to act according to the Marina Hills Bylaws. Please read the Term Limits page for details of the mailing, the voting procedure and the exact text of the proposed amendment for the Marina Hills Bylaws.
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September 2004 newsletter The September 2004 newsletter was mailed to all homeowners within Marina Hills in early October. |
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Election Update as of September 2, 2004 No Change in Marina Hills Mr. Tinnelly, attorney for the Board, picked three dedicated "Friends of the Board" to count the ballots for the Director Election. The counting was performed behind closed doors. Mr. Tinnelly would not permit any other interested homeowners to witness the counting. Linda Baker 414 Chuck Johnston 376 or 377 (Mr Tinnelly stated that they are not quite sure) Hans Strupat 335 Rob Sanders 207 Milton Stanford 78
Please stay tuned for the more results of our ongoing investigation into the improprieties we have discovered. We have been told that the ballots cannot be inspected. |
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Election Update as of September 1, 2004 Concerns about Ongoing Election Marina Hills association employed security guard on duty recommends to homeowners to vote against candidate Hans Strupat and collects homeowners' proxies At the Annual Meeting of the members on August 25, 2004, not a single Director was present. This puts into serious question the validity of the meeting because of the following reasons: The meeting could not be called to order, nor could any business be conducted, nor could it be adjourned properly. Hans Strupat was asked by several Bel Fiore District residents (whose homeowners he officially represents) to put forward their concerns to the Pacific Keystone management company. These concerns apply to all Marina Hills voters. Therefore the text of this letter has been published on this web site. So far the Keystone Pacific management company has not provided any answers to the concerns addressed in the letter. On September 2, 2004, at 11:00 A.M. the homeowner votes are counted at the Marina Hills club house. Homeowners are invited to the club house to verify that their proxy authorization are properly counted. Homeowners may also want to volunteer as official Election Inspectors and count the votes. |
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Election Update Quorum not yet achieved Quorum requirement drops to 25% for Adjourned Meeting on September 2, 2004 |
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Election of two Directors for Marina Hills Wednesday, August 25, 2004 Location: Marina Hills Clubhouse, 31261 Parc Vista West, Laguna Niguel, CA 92677 Purpose: Elect two Directors to the Marina Hills Planned Community Association Board. The term of these two positions is for two years. The three other Directors (Jane Dry, Tom Szwajkos, Vito Ferrante) were elected in August 2003; their term runs for one more year. Candidates: Linda Baker (Unelected and appointed incumbent), Chuck Johnston (properly elected incumbent), Rob Sanders, Milton Stanford and Hans Strupat. Duty of Board: The members of the Board are the elected representatives of the Marina Hills Homeowner Association and are the only officers of the non-profit corporation. The Board of Directors has the exclusive responsibility to supervise the property, subcontractors, finances, CC&Rs, Rules and Regulations, and in general, make any decisions, which may affect the Association and its members. Board member positions are voluntary, there is no monetary compensation. Voting Eligibility: One owner of record per lot may vote; thus, each owner is entitled to cast two votes. Cumulative voting will not be utilized, that means you cannot cast more than one vote for any candidate. Only owners of record as of July 19, 2004 are eligible to vote. Counting of votes: Volunteer homeowners, if in attendance at the August 25 meeting, will count ballots. The two nominees running for a board position and receiving the highest number of votes will become board members. Contingencies: If quorum is not achieved, the Adjourned Annual Election will be held September 2, 2004, at 11:00 A.M. In the event of a tie, a recount will be performed, and if the recount confirms the tie, a new meeting will be called for the purpose of breaking the tie. Come to the meeting and volunteer to help count the votes.
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Linda Baker cannot honestly serve two masters with conflicting goals and interests Linda Baker's Conflict of Interest
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Candidacy Statement Hans Strupat for Director
• To help bring transparency of the Board of Directors' actions to the residents of Marina Hills. To ensure that the Executive Session of the Board, as required by the CC&Rs, is used as little as possible and to provide maximum information to the residents of Marina Hills.
• Use common sense in solving association and homeowner problems and conflicts"
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Change requires voting against incumbents Who should you vote for? Please vote for a total of two non-incumbent candidates. |
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Directors in willful and unethical violation of CC&Rs attempt to preempt homeowner vote! Term Limit Vote is Priority #1 |
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Marina Hills wants to vote on Term Limits Homeowners' Legal Right Denied by Directors Board's letter from March 3, 2004, fails to mention that the Directors violated the CC&Rs/Bylaws. The CC&Rs and Bylaws of the Marina Hills Association, as well as a number of California State Laws (Davis-Sterling) give the homeowners certain rights. One very important right is the submission of petitions to the Directors of the Board. Marina Hills homeowners, over the last four months, have on three occasions formally petitioned the Directors of the Board. The Directors acknowledging the proper receipt of these petitions, are willfully and consistently denying the lawful rights of the petitioning homeowners. The Directors state in their letter that they feel that term limits are undemocratic, because it would prevent homeowners from re-electing long-time board members. As a consequence, and without any legal basis, the Directors, contrary to the Bylaws, refuse to call the Special Meeting and are therefore denying the homeowners to vote on the issue of term limits. The Directors are insulting our intelligence. Do the Directors believe that we, the homeowners, cannot read and understand the bylaws? Do they believe that we, the homeowners cannot form our own opinion? Do they believe that the homeowners cannot see through the Directors's misrepresentation of the truth?
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| Next Board Meeting: Wednesday, September 10 at 6 P.M. | |||||||||||
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Please feedback any comments, concerns, questions, input, etc about the above page:
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| The Official Marina Hills Newsletter is the most useless thing I have seen. At $3000+ per issue, it is an utter waste of money. If we are going to have a newsletter, it should at least contain some worthwhile information. I find your newsletter & web site to be 100 times more informative and useful. | |||||||||||
Siena homeowner 0408212250 |
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| Way to go! I have two small children, so my help to you will be limited, but I would like to lend you a hand sometime. Keep me informed. | |||||||||||
Vistara homeowner 0312131654 |
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| My heart goes out to those who are being persecuted by disgruntled neighbors. I will stand behind issues that affect the spirit of this neighborhood, as it is why my family has chosen and moved here to stay. Thanks for your help and time devoting to this critical effort. | |||||||||||
Marina Hills homeowner 0312091235 |
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| I am interested in learning more regarding the homeowners association and what can be done. I am horrified at the way things have been handled, especially the fences and common fences being painted black. Not to mention the rudeness I have experienced when trying to deal with these people over the phone. After a I placed a phone call to express my opinion I received several letters stating things that were wrong with my home and needed to be fixed immediately or else they would send someone to do it and send me a bill. I took care of these things right away of course but I also noticed that my neighbors have not gotten notices for the same things and that some of theirs are worse. I feel fear that if I do come forward they will make my life unpleasant and I am wanting to know what I can do anonymously. Please let me know how I can help you. | |||||||||||
Anonymous Marina Hills Resident at this time 0312092159 |
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| Thank you for parking the car on Marina Hills Drive otherwise I would not have checked out this web site. | |||||||||||
Terracina homeowner 0312161130 |
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| Come to a HOA meeting to verify that it is really true |
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Last Updated December 23, 2004
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