Update: Bumgarner andMaynard vs. Lake Wildwood
LWA Board Secretary
You may recall that Bob Bumgarner and Byron Maynard (I will call them Petitioners) sued Lake Wildwood seeking to overturn the Board’s June 2018 decision to remove Lucinda Price from the Board for four violations of the Code of Conduct for Board members.
On May 7, 2019, Nevada County Superior Court Judge Tice-Raskin upheld the Board’s decision, stating that the Code of Conduct was reasonable and enforceable.
Judge Tice-Raskin then concluded “The court finds that there is substantial evidence in the administrative record to support the Board’s decision. Moreover, based on the record as a whole, the court finds that the removal of Ms. Price was made by board members in good faith in what the directors believed was the Association’s best interest based on Corp. [California Corporations] Code section 7221 (b) and the Code of Conduct.”
The judge noted that the board had found that Ms. Price violated the code of conduct because she “(1) attempted to engage in self-dealing by proposing a legal retainer agreement where Ms. Price would represent the Association as legal counsel but could also accept clients who wanted to sue the Association; (2) misrepresented facts about a November 2017 Public Works committee; (3) misrepresented facts that the Board threatened her personal physical safety; and (4) failed to make reasonable inquiries before publicly supporting a petition that would affect the financial state of the Association.”
The Petitioners then filed a motion with the court asking it to reconsider its decision. Judge Tice-Raskin also denied that motion.
Shortly after that, their attorney filed a notice of appeal. Since then, the Board and Petitioners have had some settlement discussions. However, on September 12, 2019, those discussions fell apart, and they are pursuing their appeal. So the saga continues. Our carrier has provided us with excellent representation from the prominent law firm of Gordon and Rees. They will continue to represent us on the appeal.
According to official Judicial Council statistics, an appeal takes about 2 years on average from the time the notice of appeal is filed until the court of appeal issues its opinion. We will keep you apprised of future developments.
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