Dear ASPOA Member,
Arbitrator Simon delivered his arbitration award to the parties in the late afternoon of December 1st, ruling the following:
· The October 19th recall vote of the ASPOA Board to remove 8 of the 9 Directors was not a valid action as it was not properly noticed.
· The subsequent November 2nd recall election of 8 replacement Directors was not a valid action as the recall action was not ruled valid.
· ASPOA has the legal authority and responsibility to enforce the Deed Restrictions relating to those matters within the purview of the original Architectural Committee (fences, trees, building plans, setbacks, temporary dwellings, etc.) for each subdivision in Alta Sierra. Alta Sierrans, themselves, may seek to enforce DR violations within their own subdivision (easements, signs, pets, appearance of yards, etc.).
The delivery of a binding ruling by Arbitrator Simon should bring us all relief from the conflict that has plagued our community for months, and gives our association the opportunity for a fresh start. We have all agreed upon the importance of resolving disagreements with respect and a civil dialogue. Let’s put aside our differences and all work together for the benefit of our membership as agreed upon in the mediation settlement. Instead of resorting to recalls, lawsuits, and inflammatory newspaper articles, let’s use the agreed upon concept of a conflict resolution committee to receive, review, and decide issues where there is disagreement. And let’s call upon the members to provide input for program priorities and large expenditures by the Association.
Another notable achievement is the completion of the official ASPOA election held on Monday, Dec. 2nd. We tallied an amazing 496 ballots submitted by members, who made their voices heard in this balloted election. The top three candidates who received the highest number of votes were elected to the ASPOA Board. Results are as follows:
George Horrigan: 372 (WON)
*Brad Dixon: 2
Diane Coelho: 339 (WON)
*John Noone: 1
Enid Powell: 315 (WON)
*Fred Crowder: 1
*Gerald Gates: 261
*Brad Peceimer-Glasse: 1
*Laura McLeod: 141
*Denotes candidates who ran in the recall election held on 11/2/13.
The election process was skillfully overseen by Dai Meagher, CPA, whose attention to detail, professionalism, and expertise ensured a fair election for all of our members. Dai spent countless hours developing an election process that sets a very high standard for future elections in Alta Sierra, and ASPOA wishes to express our gratitude for his tireless efforts.
In addition, we would like to thank our amazing team of volunteers for their help: Carol Baker, Bob Crooks, Marlene Engel, Debbie Ireland, Vivian Kee, Lou Merzario, Al Schafer, and Jim Shea. The Nomination Committee, consisting of John Ford, Julie Reaney, and Julie Siegenthaler, spent numerous hours coordinating the election, as well. A phone call outreach effort was also made to the nearly 400 members for whom the Association does not have email addresses, to ensure every member received equal treatment in this election.
We hope the judge’s ruling and balloted election mean the conflict has finally ended. Indeed, with a binding legal opinion, and the official results of a popular vote among members, we believe it has.
Thank you for remaining members of ASPOA throughout these difficult months. We welcome input from members via our website, email address firstname.lastname@example.org, and member feedback line (530) 231-7755.