Petition for Total Pell Place HOA Board Recall – Action Required

[Greg White]

Fellow homeowners,

As you may be aware, there is a homeowner move afoot to recall our HOA
Board of Directors through a Total Board Recall Vote. If successful,
there will be an election of new officers immediately to follow.

This initiative is supported by:

· Greg White – Past Board Member and President,
nonresident owner (gregory_...@yahoo.com)

· Joanne Batista – Current Board Member, resident owner
(joanneb...@gmail.com)

· Mary Jo Ball – Past Board Member, resident owner, and
husband, John Ball (mary_j...@yahoo.com)

· And a growing list of concerned, current homeowners

There have been many board actions since June that have precipitated
the need for this recall. Here are the primary actions mandating this
recall:

1. Board decision to make investment decisions independent of
our approved investment advisor (Merrill Lynch) which precipitated my
(Greg White’s) resignation from the board on June 17.

2. Termination of our HOA knowledgeable legal firm and
replacement with a litigation specialist, who lacks HOA management
experience. Appointment of same in a closed Executive Session
Meeting.

3. Appointment of a board member, Alex Zilberberg, to the HOA
Board Meeting, outside of a Board Open Meeting. This is a violation
of Civil Code; all board members must be appointed in open session.
It is our belief, and that of our prior HOA attorney, that this
failure to follow civil code negates all subsequent board actions in
which Alex Zilberberg has participated.

4. Cancellation of Merit Property Management without a
transition plan. This is a serious action, potentially destabilizing
our HOA management. Their contract will end September 30th, 2009.

5. Failure to provide adequate meeting notice (less than 4 days)
for Open Board Meeting on Saturday, August 1, 2009 at 6:30 (a
violation of Civil Code).

6. Subsequent issuance during August 1st Board meeting of a
management contract to Kris Kaszuba, our HOA Board President, via his
firm “Uncle Sam Realty”, to provide management services to the Pell
Place HOA. This is in strict violation of our CC&R’s, Articles of
Incorporation, and a tremendous conflict of interest. This contract
was challenged by homeowners and was subsequently canceled during an
Emergency Pell Place Board Meeting and a payment of $7,500 ordered
returned to the HOA by Kris Kaszuba.

7. Attempted establishment of a new HOA bank account with Bank
of America that would have given Kris Kaszuba, HOA President signing
authority on HOA checks to $5,000. Action cancelled at the last
minute prior to funds transfer in an Emergency Board Meeting when
board members discovered check signing authority had been requested by
Kris Kaszuba as a part of account establishment.

8. Last minute, poorly competed proposal for property management
services. Award announcement to homeowners of Prescott Property
Management as our new property management firm was made in advance of
finalization of contract. Contract length of only one year will allow
Prescott to increase their arbitrarily low bid to market rates at the
end of the first year. The contract stipulates an onsite manager, but
the board has yet to interview candidates from Prescott. This process
alone typically takes 2-4 weeks to complete and transition.

So what was really happening and where does this leave us? Was Kris
Kaszuba attempting to find employment by convincing the board to allow
him to manager our HOA? At this point we many never know.

Prescott Property Management now has less than 23 days (assuming legal
issues resolved and the contract is signed tomorrow) to present and
gain approval for their onsite manager candidate, assume day to day
management, transfer all financial records and get key critical issues
on track (such as our annual budget). This is a non trivial task for
a 316 unit HOA.

All in all, the last 90 days of board activities have been chaotic for
the board, lacked professionalism and good judgment, violated CC&Rs,
Articles of Incorporation and Civil Code and have destabilized what
otherwise was a well running HOA. This was all done post Kris Kaszuba
becoming President of our HOA.

If you would like to know more about these issues and our concerns,
please feel free to contact any of us via the email addresses above.

Pending a successful outcome of the Recall Vote, the HOA will need new
leaders to run for the board. If you have interest in running, please
contact any of us for more information.

If you would, please sign and return the signature petition to us
today.

You can scan and return a signed copy to me, fax a signed copy to
(619) 255.1540, or mail (please mail original regardless) to:

Greg White
P.O. Box 910378
San Diego, CA 92191-0378

Kind regards, Greg White

Non Resident Owner, Building 3877, Unit 418.

[Anita Tassviri]

Greg,

 

Do you have a personal relationship with Merit?  I am not trying to be rude - I am just curious.  I've lived in Pell Place since Sept of 2005 (when Builidng A was completed) and I own two units in Building A.  I've also owned other condominiums in San Diego and have had personal experience with a lot of management companies.  Although I may not have any gripes about Merit I am UNEQUIVOCALLY for competitive pricing of contracts to save me money and to preserve my (albeit sinking) investments.

 

The Board's arrangement with Kris was in violation of the by-laws.  Ok we got it.  Thank you for your efforts in bringing that to light (I mean it).  It was temporary and it appears it has been resolved (again thanks to your efforts).  The decision to terminate the contract with Merit also has turned out to be an excellent move by the current Board as they are now willing to negotiate their contract.

 

Let's give this a rest.  This recall business is unnecessary and disruptive.  No Board is perfect (as is evidenced by the current e-mail circulating about your tenure).  No HOA Management Company is perfect either. 

 

I live a floor above Kris and next door to Joanne.  Let's keep Pell Place friendly and neighborly.  Thank you. -Anita