April 6, 2000
Dateline: California.
Golden State Manufactured-home Owners League, Inc. (GSMOL)
**Members Lawsuit Against GSMOL Settled**
(Part of the following message from GSMOL is my personal opinion and is
presented for your information only. It is not intended to render any
specific and/or legal advice.)
My Personal Comments: It is extremely important to get this GSMOL lawsuit
information out to the general public, to make everyone fully aware of what
caused it in the first place. Therefore, it should be the duty of everyone,
member or non-member alike, to make sure the violating GSMOL Board members
that caused this lawsuit to begin with, actually stand accountable and start
cleaning up their act. Then and only then, in my opinion, will GSMOL
membership ever have a change of significantly increasing. All the details
and the actual case lawsuit itself will remain on-line within the "WatchDog"
section of the Manufactured Home (Owners) Network at
www.mfghomeowners.net/watchdog for your information.
All aspects of the settlement have been completed, including monetary
settlements. The final papers have been signed by all parties and copies
exchanged. The settlement agreement is a part of a public court record and
is not
copyrighted. Feel free to distribute verbatim as far and as wide as
possible.
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NOTICE!
The Board of Directors of the Golden State Mobilehome Owners League and
George Smith are pleased that the litigation, commenced in the San Diego
Superior Court entitled Smith v. Golden State Mobilehome Owners League, Case
No. 72854, as been settled.
As part of that settlement, the Board confirms certain rights of its members
and officers and publishes for the benefit of its members, the following
policies and procedures, which the Board will follow. These policies and
procedures are listed here to explain and clarify the rights of all Golden
State Mobilehome Owners League members under the Bylaws of the Golden State
Mobilehome Owners League, Inc. and the governing provisions of the
Corporations Code.
1. In view of the recall election, Smith waives his right, if any, to return
to the Board of Directors and agrees not to seek or accept re-election or
appointment to the Board at a future date. Smith will retain a regular
membership in the Corporation.
2. The Corporation will not suspend or terminate any director except in
compliance with the Bylaws and the Corporation Code.
3. Corporate office holders are to be provided the right and opportunity to
perform corporate duties, including the right of Zone Vice Presidents to
select a Regional Manager of his or her choice to be confirmed or rejected
with advice and consent of the Board of Directors.
4. Corporate directors or officers are entitled to all corporate information
in accordance with the Bylaws and the Corporate Code.
5. Corporate directors shall be entitled to corporate expense reimbursement
in accordance with the Bylaws, Board-approved corporate procedure and
policy, on a non-discriminatory basis.
6. Corporate officers and directors may perform the duties of their officers
and freely express their positions regarding the affairs of the corporation,
without interference.
7. The Board of Directors will conduct its meetings, following notices
required by the Bylaws, and all Board meetings will be open to members of
the corporation, except for those closed sessions authorized by the Bylaws
and/or the Corporations Code. The Board of Directors will control the agenda
for it meetings.
8. The meetings of the Board of Directors will be conducted in accordance
with the Bylaws and Robert's Rules of Order.
9. The Corporation will not deny renewal of membership to qualified members
and may only terminate, suspend, or not renew members in good faith in
accordance with those provisions set forth in the Bylaws and the Corporation
Code and all members will be allowed access to corporate information, as
expressed in the Bylaws and the Corporations Code.
10. Section 5.01 of the Bylaws authorizes the formation of a chapter with a
minimum of three members, each of whom must be officers of that chapter.
11. This agreement is for the benefit of all members of the Corporation. Any
violations of this agreement are subject to the injunctive power of the
court following the filing of a new lawsuit. The prevailing party in such
action will be entitled to reasonable attorney's fees.
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Special Note: The "WatchDog" section of the Manufactured Home (Owners)
Network (www.mfghomeowners.net/watchdog) will continue through individual
and group effort. More than ever, we need to ascertain whether the Board of
Directors will attempt to continue their old ways; or, will live up to the
settlement agreement. I would urge that someone knowledgeable attend each
Board of Directors meeting to assess whether the Board of Directors is or is
not in compliance. Any regular member is entitled to attend any regular or
special Board of Directors meeting except telephonic or when in Executive
Session. The
member is also entitled to address the Board of Directors during any time or
period so designated for that purpose.
Over time, the "WatchDog" Team will be updating and bringing you more
details of this lawsuit as information becomes available. Likewise, in the
opinion of this reporter and apparently many others, the primary decline in
GSMOL membership has now hopefully been put to bed, and we can all get on
with the real reason the "WatchDog" was founded for in the first place - to
"watch" underhanded park owners and managers, not each other.
Sincerely,
John Sisker
Founding Director
Manufactured Home (Owners) Network
http://www.mfghomeowners
jsi...@sprynet.com
(800) 724-6644 & (pagoo ID: 714.536.3850)
Fax: (801) 365-8205
(714) 536-3850