I received this email from the Alta Sierra Property Owners Association.....
An email was sent to a partial list of ASPOA members from the recall group on October 1st. This email advertised an unauthorized recall meeting for October 19th to remove the duly constituted Board that would be replaced by unknown nominees in a bogus election on November 2nd.
These actions completely circumvent the Bylaws under which ASPOA
operates. Though the recallers are using the word “official,” their
efforts are anything but that. Please do not be fooled by this most
recent attempt to hijack ASPOA. Participate in the authorized election
scheduled for December 2nd, 2013.
We
understand there is still a faction, not a majority, of members who
continue to ask for a recall, in spite of the fact that the Board has
advised members on several occasions that there will be no CC&R
revisions nor call for a vote for mandatory dues. Those who still
insist on pursuing this senseless quest to remove the volunteer Board
members have once again failed to follow the procedures spelled out in
the Bylaws. Further, if a Member petitions for one action, that
petition language or intent must not be modified and repurposed to ask
for a different action. To do so, is unethical and is a misuse of your
original signed request. Misrepresentations like this are typical of the
recall leadership.
Ironically,
the recall group who urges you to vote for a new Board in the
unauthorized election has also filed a lawsuit seeking to dissolve
ASPOA. Why would they urge you to vote for new board members when their
real objective, according to their lawsuit and website, is to completely
eliminate ASPOA, and create their own “benevolent” and “unincorporated”
association? We would argue that their actions have been anything but
benevolent, given their misrepresentation of facts, use of
misappropriated email addresses, disruption of monthly meetings,
unauthorized scheduling of meetings, and filing of a lawsuit to dissolve
the association and then collect the liquidated assets.
It is the Board’s fiduciary responsibility to follow the procedures specified in the Bylaws, as has been done. Both
the recall and election meetings scheduled by this group, which seek to
grab control of ASPOA, fail in a number of significant ways to abide by
the Bylaws governing the Association, in spite of the assertions in the
recaller email. Therefore, the Board cannot accept any actions that occur in these meetings as valid or actionable to the Association. If
the board were to recognize these acts as valid, it would be violating
the governing documents that were created to protect your rights as
members of ASPOA.
Again,
the Bylaws are in place to protect Member’s rights and the Board is
actively fighting the lawsuit seeking dissolution of ASPOA in spite of
the continued verbal abuse from recallers. The Bylaws charge the Board
to ensure adherence to the Declarations of Covenants, Codes and
Restrictions recorded with each lot in order to preserve the rural
atmosphere and scenic beauty of the Alta Sierra community. The Board
receives no benefit for the many volunteer hours spent preserving the
community, other than the same you receive: a great place in which to
live.
If
you have any questions pertaining to the official ASPOA election, feel
free to contact the Nomination Committee Chair, Julie Siegenthaler: j.siegenthaler@att.net.
Kathleen Carey
ASPOA Secretary