Edward Teyssier for

Board of Directors,

Pacific Ridge Neighborhood HOA

Teyssier v. Pacific Ridge: Mediation Dec. 15, 2017

 

 

Hello Fellow Homeowners: 

You do not own your home outright. As you know, your home, and even you yourself, are governed by the Association. It functions as a quasi-government, but unlike the government, ultimate power does not rest with you. Instead, the situation is reversed: all activities, affairs, and powers of the Association are under the ultimate direction of the Board.

Many of you have very busy lives, making it impracticable for you to attend Board meetings or keep apprised of what the Board is doing. So you must essentially trust that the Board is exercising its power in the best interests of the community, which means all of us, of course. After all, the only purpose of the Association is to serve and benefit you – “to manage, maintain, protect, preserve and improve the planned development [known as Pacific Ridge] . . . and to promote the health, safety and welfare of the residents within [it],” as the Association’s Articles state.

There are various means to achieve these purposes. But whatever the means, the Board is supposed to manage the Association – your Association – in a manner that is as responsive to you and as transparent as possible. That has not been the case for some years, and particularly in the last two years, in my opinion.

It is common that over time an organization comes to be dominated by the same officeholders. Because they have been in office a long time, they come to believe, without consulting the members, that they know what’s good for the members. The long-term Board members come to believe that their own agenda is, or should be, the members’ agenda, in a “Father Knows Best” kind of situation. They refuse to hear that they may be mistaken.

For example, the Corporations Code states that members representing 5 percent or more of the separate interests can required the Board to call a special meeting “for any lawful purpose,” and our bylaws state it can be “for any purpose.” In November of 2015 the requisite number of members requested such a meeting, on matters involving Association governance, including term limitations for Board members, and expenditures the Board made of over $60,000 for monuments. The Board has refused, and continues to refuse, to hold the meeting, arguing in court that the meeting is not for a “lawful purpose.”

As another example: The law states that members representing 5 percent or more of the separate interests can require the Board to call an election to vote on whether to reverse (veto) a rule adopted by the Board. In January of 2016, the required number of members requested such an election on whether to veto election rules the Board adopted about a month earlier, (i.e., December, 2015).  The Board called an election, but refused to accept proxies, even though our bylaws provide for them. The Board finally acknowledged it was wrong to do so, and called another election – but without adequate notice. The Board still has not conducted the required election and vote.

As another example: On numerous matters concerning governance of our Association I made numerous suggestions, while on the Board, that are designed to ensure that the Board’s actions reflected the wishes and purposes of the members. However, in nearly every instance, I was “voted down” by the same group of Board members who have sat there for many years.

But that can change if you want it to. I believe that in light of the instances mentioned above, the time is ripe to make changes to make the Board responsive to you, and make it more transparent in its functioning, so that it works for the many, not just a few who think they know better than you what’s good for you and want it to stay that way.

In the days and weeks before the Annual Member Meeting February 21, I will provide more specific examples, and documents, in updates to this website. Please check back often.  And please suggest to your neighbors that they inform themselves as well, and express their views, both on their ballots, and in person at the annual meeting.

 

Meanwhile, if you have questions to ask me about our Association, or you want to help with my campaign for Board of Directors,  please feel free to email me at:  edward4BOD@sbcglobal.net

Thanks! 

 

--Edward