Letters
Incredibly, the lawsuit says, defendants violated covenants, conditions and restrictions (CC&Rs) of their own association, specifically Article XII, the enforcement clause. Defendants violated this clause by arbitrarily fining incompliant homeowners instead of following the judicial process described therein.
By fining, the board was also amending the CC&Rs without the approval of the owners, a violation of Article I which declares only a majority of the owners may make changes to the governing documents. A vote of 50 percent plus one is needed to implement changes.
The defendants not only adopted fining without the approval of the owners but they fined outrageous and illegal amounts when they fined. One owner was fined more than $20,000 for not cutting brush properly, according to the lawsuit. This violates California Civil Code section 1366.1 which states, “An association shall not impose or collect an assessment or fee that exceeds the amount necessary to defray the costs for which it is levied.”
The lawsuit also says the association is breaking election laws, paragraph 18, “… On information and belief, the board did not conduct the election in compliance with California Civil Code section 1363.03 which governs elections to the boards of directors of common interest developments and associations. On information and belief, board member-candidates improperly took part in the preparation of the ballots for the September 2008 election. Instead of an impartial process overseen by neutral third parties as required by statute, one of the candidates of the September 2008 elections wrote the explanation letter the board sent to the owners with the ballots and another candidate designed the ballot. Board members and their employees, who had an interest in the outcome of the election, not only had possession of blank ballots and ballot envelopes until the voted ballots were counted, they also had possession of the voted ballots until the morning they were counted, instead of being held by a disinterested third party until after counting them as required by California Civil Code section 1363.03 Plaintiffs therefore have no confidence in the outcome of the election and believe the board and their employees may have engaged in “stuffing the ballot box” in their favor. These actions of the board violated California Civil Code section 1363.03.
Other charges are based on California law violations. Clear Lake Riviera homeowners should pay attention to this lawsuit. They should read for themselves and decide if the board is violating their CC&Rs and breaking the law. Sometimes association boards don’t know CC&Rs are a two-way street. Homeowners can legally enforce CC&Rs upon associations just as easily as associations enforce them upon owners.
If the Clear Lake Riviera Community Association is out of compliance with their own governing documents and California laws, they will surely lose this lawsuit. Homeowners will be responsible for millions in special and general damages as well as legal fees. Anyone buying property in the Riviera should be aware of this litigation and its charges until it's settled. Anyone selling Riviera property should disclose this litigation.
Darrell Watkins lives in Kelseyville.
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- Written by: Darrell Watkins
It has been an extraordinary six years. We have been through a lot. We fought for road projects and river protection. We have struggled to close budget deficit after budget deficit. We have been through terrible forest fires, and have literally weathered the storms.
I have tried to help in big ways and small. I worked on the individual needs of those who sought my help. I wrote laws to protect our environment, to safeguard our senior citizens, to bring opportunity to our school children, to ensure patients’ rights, and to help local government better care for people in need.
This really has been the opportunity of a lifetime, and I am eternally grateful for the privilege that has been afforded me, and the endless support I have enjoyed.
It is not easy to leave the Legislature, mainly because there is so much work left to be done. It has always been my nature to stick with projects until they are finished.
But the work of public service, by its nature, is never completed. It constantly calls to the next person and to the next generation to come lend a hand, to share the responsibilities of community life.
To those of you who would step forward and serve your community, I wish you well. And to all of you, please accept my sincere and heartfelt “Thank you.”
Patty Berg is the outgoing Assembly representative for the First Assembly District, which includes Lake County. Her term ended at midnight Nov. 30. She is being succeeded by former state Sen. Wes Chesbro.
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- Written by: Patty Berg
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