There is a civil code that governs election procedures for the HOA. The purpose of this law is to make sure all candidates and homeowners have an equal access to HOA resources. Civil Code 1363.03 states:
“Ensure that if any candidate or member advocating a point of view is provided access to association media, newsletters, or Internet Web sites during a campaign, for purposes that are reasonably related to that election, equal access shall be provided to all candidates and members advocating a point of view, including those not endorsed by the board, for purposes that are reasonably related to the election. The association shall not edit or redact any content from these communications, but may include a statement specifying that the candidate or member, and not the association, is responsible for that content.”
Please be advised that there will be an emergency meeting of the Board, via teleconference, today (6/13/12) at 12:00PM.
By separate email, I will be providing the dial-in phone number and instructions to Bruce, Lynne and Marlene, as I was advised Mr. Gerstel is conflicted on the topic of discussion and will not be invited to participate in the teleconference.
There is a problem with the behavior of Sandra Gottlieb, the attorney. It is extremely improper since the association’s attorney, as legal counsel to the association, does not represent the board, individual directors or owners. The association’s legal counsel represents the association as an entity. Sandra’s decision to exclude Jan Gerstel from a meeting dealing with a civil code that applies to all of the association is paramount to representing the three board members individually. The declaration that Jan Gerstel is excluded due to being conflicted on the topic of discussion would also include both Bruce Stein and Lynne Zuckerman. They authored the letter published and they are both candidates in the election. Although Bruce and Lynne are equally conflicted, Ms. Gottlieb chooses to ignore that fact and only exclude Jan Gerstel. The Civil Code 1365.03 applies to everyone in the association and would be the topic of discussion for their private teleconference. In my opinion, I find it highly unethical behavior of the attorney.
The point here is simple. The law requires equal access to association resources for all homeowners during elections. They should just follow the law, publish the alternate point of view and be done. The actions of board members Bruce Stein, Lynne Zuckerman and Marlene Deaton have cost the association money by refusing to abide by the Civil Code. I strongly advise that you think hard before voting in favor of people who have difficulty dealing with an association situation without spending our money consulting with the attorneys.
Please vote by June 20, 2012 by either sending in your ballot or voting at the meeting at Willow Elementary School at 6:30pm. If you have lost your ballot, please call The Emmons Company at (805) 413-1170 to obtain another ballot. Your votes count and we will save thousands of dollars if we can make quorum the first time around. Thank you to all who have voted!