ASPOA BOARD RESPONSE TO RECALL AND ELECTION EMAILS

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 1^st. This email advertised an unauthorized recall meeting for October 19^th to remove the duly constituted Board that would be replaced by unknown nominees in a bogus election on November 2^nd. 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 2^nd, 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