Board of Directors misses Deadline
During the month of November 2003, more than 5% of all homeowners in Marina Hills signed two Petitions to the Board of Directors to ask for two separate Special Meetings to democratically decide on
- a) the controversial fence color of the wrought iron fence perimeter wall
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b) a proposed amendment to the CC&Rs, prohibiting conflict of interest for the Directors on the Board, specifically prohibiting the Board Members to employ their spouses as direct employees of the association.
The petitions were duly delivered on or before November 21, 2003. The Board of Directors has the duty to give notice of the Special Meeting to all members within 20 days, according to the CC&Rs and Bylaws. The 20 calendar day time frame (not business day, verified with a lawyer) expired on December 12, 2003.
The Board of Directors is now, to the best of my knowledge, in violation of the CC&Rs and the Bylaws and depriving the members of Marina Hills of the democratic process.
If the Members of the Board do not want to voluntarily follow the laws, CC&Rs and Bylaws and democracy in general, and if these members do not have the best interest of our community in mind, then these present Board Members do not deserve to be on the Board of our good community.
The following letter requests the Board to give proper notice to the Special Meetings no later than December 23, 2003.
Reaction to this letter:
This letter was prepared on December 15, 2003.
This letter was mailed on December 16, 2003.
Mr Tinnelly acknowledged the receipt of
the above letter on December 18, 2003.
No response to the issues and questions in the letter has been received as of January 21, 2004.
During the homeowners' forum of the January 13, 2004, Mr. Strupat asked the Directors of the Board why the Board was not acting on the petitons as required by the CC&Rs. The Directors refused to answer the question and Mrs. Jane Dry instructed Mr. Strupat to sit down.
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