1) In 2011, the ASPOA board spent more than $10,000 in legal fees, attempting to convert the voluntary organization into a mandatory HOA and legally pursuing CC&R violations. The board did this in order to follow the mandates required to obtain a court order to force our community into a mandatory HOA.
We have documented proof in the board’s own minutes and irrefutable proof from its own attorney that this was part of the boar’s plan, and by law, can be accomplished under the Davis Stirling Act.
2) The board did not share its plans with the membership, despite continual pleas to do so. It took a grass roots, intense lobbying effort to force the board out into the open. When the board finally agreed to poll property owners, the HOA scheme was defeated in a landslide of 74 percent of the vote.
Thus, the thousands spent on legal fees, which to date are over $25,000, were a complete waste — a waste that could have been avoided by simply asking Alta Sierrans how they felt.
Now board members are continuing to spend legal fees trying to stop a recall and open election and to defend themselves in a lawsuit that would require them to pay back the money they have wasted, challenging their authority to do so.
3) During the tumult over the HOA proposal, the board repeatedly stonewalled requests for financial data and meeting minutes.
Anyone who questioned the board’s actions was subjected to ferocious personal attacks. Opponents of the HOA and the board’s actions were accused of being pot growers, agents of pot growers, being dupes of a personal vendetta or “mind-numbed robots.” This is the type of “politics” we see in Washington, where, when a party has no substantive defense, they attempt to slur the other side.
4) Many ASPOA members believe that the board has behaved dishonestly and incompetently and should be recalled. It is absolutely their right to hold this belief — and act on it. California law guarantees their right to circulate recall petitions and bring the matter to a vote.
We have an attorney experienced in HOA law who is advising on this vote every step of the way in order to adhere to California Law, as well as the ASPOA Bylaws.
For the board to attempt to negate your right to vote, to spend more of the treasury on attorney’s fees threatening to get a restraining order to stop it, is further proof of the board’s quest for power over this community and your property. Just what is the board afraid of? Why refuse the right for members to vote and assemble and inspect documents and use lawyers and the treasury to do it?
5. The board’s attorney has dismissed every recall petition as “ineffective.” He evidently believes that, if the board ignores the recall drive, it will simply go away. He is mistaken.
Every cynical attempt at suppressing the memberships’ rights creates a greater determination to enforce those basic rights. Board members deflect this by announcing their own election in December to elect just three new members … thereby keeping the majority control.
What makes their actions more disappointing is that their motto to discredit the recall is “Don’t be fooled.”
This current ASPOA board is self-appointed. Not one member has ever faced an election. It is high time they did so.
Exercise your right to vote 10 a.m., Oct. 1,9 at the Alta Sierra Country Club.
If you have any questions, would like to access a ballot or to view the documentation to substantiate the claims against the board, please contact us via email at firstname.lastname@example.org or visit our website, recallaspoa.com.
Kathy Monteiro lives in Alta Sierra.