Transparency

Transparency benefits everyone – both the governed and those that govern. A lack of information creates a void which human nature naturally attempts to fill. In the absence of actual information, this void will be filled with speculation, rumor, and innuendo. This is not healthy for the community and can lead to the distrust of those elected to oversee our association.

Avalon’s reason for terminating their contract with the association remains unclear. The board president has stated that the termination reason was “litigation,” however, the Avalon contract states that termination may occur for:

• non-compliance of compensation

• non-compliance with common interest law

• non-compliance with governing documents

(Copy of contract is available upon request)

The following are examples of issues which should have been discussed and voted on at general board meetings, in front of the membership. There are no general session minutes or agendas to support the following items being discussed or voted on:

1. Hiring of a landscape company on an emergency basis to mow the grounds and trim trees. 

2. Hiring of a landscape company to replace injured gardener-Raphael Romero. 

3. Hiring of a management company to replace Avalon. 

4. Hiring a vendor to survey the park area, Lot 100. 

5. Hiring a landscape company to repair broken sprinklers and replace valves in clubhouse and park areas. 

6. Hiring vendor to change locks several times.

7. The decision to lock the member side of the bulletin boards and require management company approval for postings was enacted prior to announcement at a general session meeting of this new policy and without member input or a board vote.

By addressing these transparency issues, we can foster trust and guide better governance for the benefit of our community.

Financial Responsibility

The lack of transparency can often lead to poor decisions which lead to wasted dollars or funds spent on the wrong priorities. The following items are examples of poor financial decisions:

1. Hiring Alegria Landscape Company on an emergency basis to mow the grass areas and trim trees. The company did not have Workers' Compensation insurance and the company owner is related to a board member. There was no contract or scope of work provided to the management company prior to awarding the work or afterward. The only document provided to Avalon was an invoice.

2. The clubhouse locks have been changed several times, without discussion or a board vote.

3. Replacing entire irrigation systems vs repairing existing infrastructure.

4. New management company costs vs previous company. A comparison of the two contracts does not appear to support the savings stated in the 5/14/24 president's report ($9,700). Additionally, one time start up costs are not identified as well as the lack of a web site. (See comparison chart)

5. A motion was made, seconded and carried to create a Governing Documents Committee and assign an amount of $5,000 for the months of April through November 2024, for the purpose of CC&R and Bylaws review and updates. Motion carried 3-2 with Directors Dillon and Walker voting against the motion. No reason was provided for undertaking the project and no discussion was offered in public view.

6. Hiring of "2nd opinion" legal counsel. This was announced and voted on (3-2 approval) at a recent general meeting, meaning the Association will now be using/paying two attorneys when the board deems necessary.

7. Gate and Fence issue turned over to legal counsel. It was stated at a recent general meeting that the attorney would be handling negotiations with the county due to the directors' inability to decide how to proceed. Board directors are elected to handle such matters; legal counsel is hired for consultation, not to make board decisions. This will incur legal fees for a situation the directors should have been able to handle. 

Current BOD President claims savings with new HOA Management

Communication

1. The agendas are being posted on the bulletin boards but not being sent out in an email blast along with the meeting notice. The agendas should be sent out or be put on the AppFolio site so they can be downloaded.

2. The AppFolio calendar is blank, showing no event or meeting dates.

3. Meeting minutes for January, February and March were not made available until June. Per The Davis-Stirling Act,  minutes must be available to members within 30 days.

CC&R Enforcement

1. The current Short-Term Rental (STR) Policy (October 2023) is not being uniformly enforced. Months into the new board's tenure, it has not been consistently implemented.

2. The following CC&R statement has been used to accuse previous boards of ignoring the CC&Rs by not submitting common area proposals for ACC approval. However, the only part cited is the first sentence and the qualifying last sentence is omitted. The excerpt from CC&Rs Article IV, Regulation of Improvements section states:
   
   4.07 (e): "The Association shall comply with all CC&Rs to the extent they are applicable. The Board of Directors retains approval authority regarding property of the Association."
   

   In addition, the ACC is a self-appointed committee; the Board of Directors is elected. The hierarchy of governance attaches a higher weight to elected bodies over those appointed.

3. Fence and Gate Issue: The CC&Rs give the ACC the authority only to assess the type and height of perimeter fencing in a project; it does not give authority for where on the perimeter the fence is placed.