Board of Directors Violate State Law
The homeowners in a planned community, such as Marina Hills, have the right to stay informed about the decisions that the Board of Directors are making. California state law [California Civil Code Section 1365.05 (d)] specifies the time period within which the Board has to provide minutes to the members.
The Directors of the Marina Hills Board appear to have broken this state law. As of this writing, January 18, 2004, more than twice the time allowed by state law has passed, and the minutes of the November 2003 board meeting are still not available to the members.
The Directors of the Board are now, to the best of our knowledge, in violation of California State Law and are depriving the members of Marina Hills of the democratic process.
SaveMarinaHills.org opinion: If the Directors of the Board do not want to voluntarily follow the laws, CC&Rs and Bylaws and democracy in general, and if these Directors do not have the best interest of our community in mind, then these present Directors of the Board do not deserve to be on the Board of our good community.
The following letter to the Marina Hills Board via the Association attorney informs the Board about the violation of the state law, requests an explanation of why this violation has occurred and asks what measures are taken to prevent this violation from reoccurring.
Reaction to this letter:
This letter was prepared on January 10, 2004, and
mailed on January 12, 2004.
No response has been received as of January 18, 2004. Also, as of January
18, 2004, the minutes of the October 2003 Board meeting are still mot posted
on the official Marina Hills web site, and are still unavailable to the
members.
On January 26 a response to
the above the letter was received.
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