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WOW! Look What One HOA Attorney Said

January 26, 2012

A local attorney who specializes in HOA law, Beth Grimm, has written a mind-blowing statement in her latest newsletter. Grimm, who is part of CAI and other HOA-industry groups nevertheless points out what some attorneys do with their banks clients. Read this:

And before spending "good" money chasing "bad situations", get good advice first from a knowledgeable attorney who is not also a "scammer" who feeds into the board's emotions or lack of knowledge about or acceptance of reality.

Wow! An attorney who gets it! Do you think she reads edgewaterisle.com?

While her entire article discusses associations pursuing unpaid dues, this last sentence (above) was an amazing insight — from a lawyer no less — who understands that many attorneys who work with association boards of directors are doing nothing more than padding their billable hours by antagonizing homeowners and continuing to give life to disputes that would otherwise be resolved in an amicable manner. See earlier story below for a great example.

Here is Beth Grimm's web site and here is the complete newsletter from the above quote.

Master Board Is Unnerved

January 8, 2012

Why does it always come to this? Why is the Edgewater Isle Master board of directors simply incapable or unwilling to work with a homeowner?

On December 30, a homeowner who has tried to work with the Edgewater Isle Master Association board of directors for over 1 year on a speeding problem within the complex received this letter from HOA-industry law firm Berding and Weil. Berding and Weil does its usual job of "documenting the issue" of the "troublesome homeowner" with its predictable pattern of portraying a near-crisis from problems initiated by the homeowner.

Please read their letter and take note of Berding and Weil's characterization of a homeowner, one they'd probably like to sue, and this sort of letter is the first salvo in such an action.

Where do we begin?

First, the characterization of "unnerving" is hyperbole and is used for dramatic affect. Lawyers love this stuff. Anyone who has seen this enough times knows that it is typical attorney bullshit.

Second, you may be asking yourself if a HOA-industry law firm is allowed to issue restraining orders on homeowners now? The answer is NO. But that doesn't stop them. They're quite familiar with these sorts of tactics. It is meant to intimidate the recipient.

And finally, the funny part:

"The association recognizes that its efforts to calm traffic might not be noticeable to you."

What a joke. The Association HAS DONE NOTHING which is why nothing is noticeable. Talking with someone over the phone, someone who comes out and looks at stuff without preparing a report IS THE DEFINITION OF DOING NOTHING. Forming committees to talk about stuff is all well and good, but when videos are put up on YouTube showing speeders and an article in the LA Times is written about you, most people would get going. Meetings come and go, your board directors unnervingly yell at homeowners, all while you defend bad decisions and sick your attorneys on the homeowner to deflect your neglect.

And of course, the Edgewater Isle Master Association does not have the courage to name who is complaining, do they? No. Are these "complainers" actually the board themselves......hum. Probably.

And you do this, all the while having meetings while you were a suspended California corporation, filing lawsuits while suspended and failing — TWICE — to show up in court on your own cases and holding meetings, and taking title to a unit. You are hardly in a pious place to be pointing fingers at anyone else. Get your own house in order. It's quite messy .

Moxi Posner Yells at People in Public

December 30, 2011

Moxi Posner put herself on display at Gray's Paints in San Mateo. ♫ ♫ ♫ Oh what a circus, oh what a show .♫ ♫ ♫ Moxi ran and hid while spewing insults because she didn't want a picture to be taken of her.

No, Moxi, it is a video of you. Complete with audio. You didn't count on that, did you. Did you need a little paint to fix something you ran into?

Answer: The Master Association Is Very Stupid

December 12, 2011

Board Wastes $800

The agenda for today's Master Association board meeting included a presentation from a traffic engineer who was supposed to "report and make recommendations regarding the speeding and traffic issues within the community."

Well, what a waste of $800 that was! The "engineer" showed up without any report and said she had only been out to Edgewater Isle once, TODAY!. The engineer told the board that she never had any instruction to write a report.

Then, the ever-stupid board of directors told homeowners that they, the homeowners, couldn't tell speeders to slow down. WHOA! Does the Master Association think they are a San Mateo Superior Court judge now? One who has the authority to issue restraining orders? Well, no, they don't have the authority to do so, but that doesn't stop them.

As if that's not bad enough, look at this recent article in the LA Times about a board of directors who didn't listen to a renter who complained about speeders in their complex:

"Knew of the potential danger but took no steps to correct it." Emphasis added. It's been a year? What the hell are you waiting for?

How Stupid is the Master Association?

December 9, 2011

How can the same association file 2 small claims cases against the same defendant and FAIL TO SHOW UP both times?

On August 4, 2011 and October 21, 2011, Edgewater Isle Master Association filed small claims cases for collection of delinquent dues. Edgewater Isle Master failed to appear at both hearings. Both small claims cases were filed while the Association was SUSPENDED by the CALIFORNIA SECRETARY OF STATE. But wait, you can't do that, can you? NO! You can't. At least you're not supposed to.

In stunned disbelief yet? There's more.

In addition to not only failing to show up to their own hearings, the principle at A.S.A.P Collections in San Jose, who filed the paperwork on behalf of the Association, told us that a board member went to THE WRONG COURTHOUSE. BOTH TIMES! This "gentleman" member of the board (and there is only one man on the board) has gone to the wrong courthouse twice? And he's in charge of the financial well-being of the association?

How could anyone have been confused where this courthouse is? It's printed front-and-center on the paperwork:

 

So this case, as was the previously non-attended case, was dismissed by the court.

Hey Everybody: Moxi Posner Did This

November 26, 2011

After what can only be described as an incredible display of hubris that would make Donald Trump blush (and which we won't get into), the last straw has been thrown. (A magnificent mixed metaphor for those playing at home.)

So, for anyone who cares and for whatever it's worth, Lois F. "Moxi" Posner crashed her car into the South Association building on May 25, 2010. "Moxi" did not report this to her insurance company nor to the association's insurance company, but hid the car in her garage until it could be repaired.

"Backorder"

On June 1, 2010, Moxi left a message saying the part (a headlight) to repair her 23-year old car was on backorder, and if the repair shop couldn't get it on back order, they would "hit the junk yards" to find the headlight.

"My Car Is Put Together"

On June 3, 2010, Moxi left another message saying her car "is put together."

Posner's car had been long-repaired by the time the Association fixed the building weeks later.

Not-So-Private Note to Lois F. Posner

No doubt you'll deny this.

If these statements here were false, it would be called "libel." But since these are true statements, it isn't "libel." It's true and you know it. You told your son about it as well. He told you to let your insurance company handle it. And to point your finger at others as you do while pretending to be holier-than-thou has to be exposed for what it is.

They're Dropping Like Flies

November 21, 2011

Property managers at Edgewater Isle are heading for the hills. A week after the property manager for the Master association left, now comes word that the manager for the South has left as well. Tis the season.

Property Manager OUT, Tax Issue from 2007

November 14, 2011

At tonight's Master Association meeting, homeowners learned that Conmmon Interest Management Services is again replacing its Edgewater Isle Master property manager. The previous manager is now gone and replaced with a new manager. Amber is out. Kim is in. We can't help but wonder if the whole suspension thing had anything to do with this.

And regarding the suspension of the Association, apparently it goes back to a 2007 tax filing. Why does it take 4 years for a tax issue to be straightened out? And why the hell hasn't the auditor (what a joke) disclosed this problem?

Speeders Caught on Video

	One of several speeders caught on video

November 10, 2011

A homeowner who has been trying get the (suspended) Edgewater Isle Master Association to pay attention to a speeding problem at Edgewater Isle has finally taken his message to the homeowners. A year after first addressing his concerns to the board of directors, today the homeowner distributed a flyer throughout the complex urging homeowners to come to the next board meeting and complain of the speeding problem that the board of directors has chosen to ignore. And not only ignore, but willfully ignore. (See meeting minutes below.)

Recology Truck Speeding

Here is a video shot of a Recology (trash collection) truck speeding down Vista Del Mar on a rainy Friday, November 4. The large truck is obviously speeding on this video, so much so that the driver slowed down when he saw the camera capturing his speeding. How hard does a homeowner have to work for a board of directors to do something about this obvious problem?

Meeting Minutes from 1 Year Ago

One year ago this homeowner approached the board of directors about this problem, and the board of directors in their infinitely questionable judgment said that they would not take action until he was a homeowner. (The homeowner was renting until escrow closed.) But really, what difference does that make? In the real world, it of course makes no difference. A problem is a problem whether it's brought to the board's attention by a renter, a visitor, a vendor, the police, a web site, or a homeowner. Can anyone imagine a board saying to a visitor, "Sorry, but we're not going to do anything about the lifted sidewalk because you're a visitor. Enjoy your broken toe and rearranged nose."

Logic That Will Make Your Head Spin

Fast forward a year: the board of directors has sat on its hands and done nothing about the problem while throwing busy work at the homeowner over "forming a committee", but bored board member James Newell said:

"(The homeowner's) input should be considered only as an initial input to get an approval by the Board for a Committee recommendation." BUT..."Based on his input it's not clear that I can recommend a committee be formed."
- Email from "James Newell," Wednesday, September 07,2011 11:53 AM

Uh, let's review. The homeowner's input should be considered:

• "initial input"
• "to get an approval by the Board"
• "for a Committee recommendation."
  (What does that even mean? To get the board to approve the formation of a committee to discuss this? WHAT IS this gibberish?)

    BUT

• "I cannot recommend a committee be formed."

So, Newell wants a Committee to review this and make a recommendation to the Board, while not "recommending" that a Committee be formed in the first place? What kind of bullsh!t circuitous logic is that? (Answer: very.)

Read more and see other speeders at Edgewater Isle.

Master Association Suspended for 3 Months: Did Association Not Pay Taxes?

Where Is the Money?

November 8, 2011

The association failed to meet Franchise Tax Board requirements, specifically, "e.g., failure to file a return, pay taxes, etc." as defined by the Secretary of State, and as a result, the Secretary of State suspended the Master association on August 1, 2011.

Association Held Meetings While Suspended and Condos Closed Escrow

While suspended, the association held August, September, and October board meetings, took title to a foreclosure, and 2 condos closed escrow. Wow.

Why did the Edgewater Isle Master Association fail to pay taxes or file a return? Is money missing from the association's accounts? Why has the association failed to disclose the suspension to the homeowners? Something smells. Every homeowner should demand to review the books and accounts of the association to satisfy themselves that there has not been any suspicious activity with the homeowners' money. What is going on?

Master Association Is Now Suspended

October 12, 2011

The Edgewater Isle Master Association is now a suspended California corporation, joining the North and South associations which were previously suspended as well. (Apparently this "retaining the corporate status" thing is tricky business.) Edgewater Isle Master Association has failed to return its bi-annual paperwork to the Secretary of State in time to be processed and to have its corporate status remain active.

What Does This Mean?

It means that the association is not legally authorized to conduct business as a corporation. But does that mean that the association has ceased operations? No, it does not. The Edgewater Isle Master Association has continued to operate, publishing meeting agendas while they were a suspended corporation.

In the eyes of the State of California, all actions taken since the Association was suspended are not legally binding. All contracts, decisions, FORECLOSURES, SMALL CLAIMS CASES, collection activities, etc., are not legally binding.

Despite retaining so-called professional management companies, every single association at Edgewater Isle has been suspended at some point. The North has, the South has, and now the Master is.

Selling During Suspension?

October 12, 2011

Records show that 3 condos have recently sold, and may have done so with the Master Association being a suspended corporation.

1580 Vista Del Sol, 1461 Via Vista, and 2359 Vista Del Mar have all closed with in the last 2.5 months, and some or all of these condos may have had demands made upon them in escrow from the Edgewater Isle Master Association during its suspension. Since the association does not have legal authority to pursue collection activities during suspension, is it also then prohibited from making a demand in escrow?

Foreclosure Postponed

October 12, 2011

The North Association's foreclosure of 1605 Via Laguna has been postponed by 1 week, to October 19, because of "trustee's discretion." How nice. But what about the association's discretion? Or does the Association even know that their collection agency is taking this action?

Now, North Association Moves to Foreclose

October 3, 2011

On the heels of the Master Association foreclosing on a North condo, the North Association is now moving to foreclose on a condo as well.

Public postings show that Edgewater Isle North, through their foreclosure agent, is moving to foreclose on 1605 Via Laguna on October 12.

Master Association Doesn't Show Up to Its Own Small Claims Case

September 23, 2011

In yet another display of stupidity, the Master Association has sued a homeowner in small claims court for unpaid dues, and failed to show up at their own hearing.

Yesterday was to have been a small claims hearing for delinquent dues that the Master Association filed in August. The homeowner appeared at the hearing, yet in another display of idiocy, no one appeared for the Master Association and the case was dismissed.

Read the whole story.

Edgewater Isle Chops Down Trees

September 13, 2011

"Dramatic Park-Like Setting" Gone

Anyone else notice what is disappearing around Edgewater Isle? Trees. Edgewater Isle North has removed countless established trees without replacing them, putting homeowners at risk of loss of privacy and loss of shade. These trees have been at the complex since it was built over 25 years ago, and some homeowners may have bought their place with these trees in mind.

See it here.

Ex-Board Member Writes Scathing Report

September 12, 2011

A former Edgewater Isle board member has written a scathing report on their time on the Edgewater Isle board of directors.

This former board member states that:

• Decisions are being made based upon emotions, not logical or business reasons
• Doing what is right for the homeowners takes a back seat to warming up to vendors, association contractors and others
• Homeowners who attend meetings are not being taken seriously
• The relationship between HOA dues and properly values was never discussed
• A number of board members didn't think this opinion site has a right to exist and wanted to take action against it!

Of course, this is all fascinating. Read the complete posting in the Discussion Forum.

A Homeowner's Petition to Congress

August 29, 2011

A Texas woman, fed up with her homeowners association, has started a online petition to ask Congress to regulate homeowners association by declaring them a part of government and holding HOAs to the same standards as government, or end them as racketeers.

These privatized corporate goverments are judge, jury, and executioner against homeowners' basic rights. They require no oversight as they target, bully, and foreclose for profit, and just because they can. This multi-billion dollar a year industry uses oblivious HOA boards to extort billions from homeowners while proporting to "protect property values." Nothing could be further from the truth.

Read and sign the petition.

HOMEOWNERS: YOU OWN THIS

August 22, 2011

You now own a 1/416 interest in this ideally located 1 BD, 1 BA condo, boasting all sorts of foreclosure notices and two lock boxes, courtesy of the Master Association's foreclosure of the condo at 2021 Vista Del Mar. But don't get ready to redecorate just yet: the lender is sure to foreclose on it at some point and take title back from the Edgewater Isle Master Association. (By the way, the Senior Center Apartments owner owns about 22% of this unit, while you own <1%. )

What is this, you ask?

After what appears to be years of non-payment of HOA dues, the Edgewater Isle Master Association went through what appears to be most of the proper procedures and foreclosed on it. Many notices were recorded at the County Recorder's office, but the homeowners did not redeem the property within the 90 days allowed by law. After the 90-day period, the title reverted to the Master Association.

See more.

UPDATE: August 24, 2011

An article by Bloomberg discusses how some HOAs across the country are suing banks to force BANKS to foreclose on delinquent owners. Because banks frequently stall foreclosure proceedings (as has been the case at Edgewater Isle), it prolongs the time that HOAs go without receiving dues from that unit.

Banks often hold off on a foreclosure as long as they can to avoid paying dues, property taxes and occupancy costs, said John Rickel, chief executive officer of Association Dues Assurance Corp., a St. Clair Shores, Michigan, company that collects fees for community associations in 20 states HOA-industry collection agency.

UPDATE: Sales Prices Continue Downward Trend

	2010 Sales Prices: Our opinion of the overpriced unit was based on these sales data.
	2011 Sales Prices: Sales prices have declined further from 2010 levels. Time has shown that the unit was drastically overpriced.

August 18, 2011
ORIGINALLY PUBLISHED: May 24, 2010

In an article published here last year, a particular unit at Edgewater Isle that was on the market, withdrawn, and then placed back on the market was discussed.

The 2 BD 2 BA unit, 1461 Via Vista, which was listed at $495,000, or $463/square foot, and the edgewaterisle.com article stated that according to Redfin's square footage chart for zip code 94404, our opinion was that this property should have been listed at $428,000, which is $400/square foot.

This unit finally sold this month, for $400,000, which is $374/square foot, or about 20% less than the property was originally listed for, which we believed was overpriced.

The comparable sales simply did not justify the higher initial asking price: one wonders what would have/could have happened if the unit had been priced more reasonably to begin with. Additionally, this unit was a short sale (which means it sold for less than the amount owed on it, and that requires the lender's approval, which drags out the process to well beyond a normal closing timeframe. ) The short sale and the facts of this sale bear out that opinion.

Further, in all sales at Edgewater Isle over the past 4 years, very rarely has a unit sold for over asking price. Almost all have sold under, or even well under, the asking price. One unit sold for 2% over asking price, and that has been the exception to the rule.

It's good news for buyers looking for a new place, not so much for sellers. As rents in some places are escalating, and condo prices are declining, it could be the perfect time to buy. These sales prices in Edgewater Isle are only indicative of the local market as a whole and are not unique to Edgewater Isle homes.

(And a not-so-private message to LFP: "Sorry. Take a flying leap. Despite your numerous protests, the facts are in conflict with your opinions.")

Snakes On a Bike Path

August 16, 2011

A reader writes about snakes seen along the bike path. The reader wrote into the management company. We confirm this sighting with our own sightings of these snakes along the bike path in broad daylight, near the lagoon. (Not to mention raccoons in broad daylight as well, which is a worrisome topic, but that's another story.)

We suspect these are garter snakes, which in our scouting days from yore, we learned are harmless, but not being herpetologists, anyone who encounters a snake along the bike path should keep away.

Have you also seen snakes along the bike path? Has the management company responded to you about it? Let us know.

Is Security "Lazy?"

July 25, 2011

A reader asks why the security firm is "lazy" and they are only on site after 6:00 p.m. Read the post in the Discussion Forum.

What Happens If a Board Member Doesn't Like This Web Site?

What Happens If a Board Member Begins to Harass?

June 29, 2011

Well, most of them try the tried-and-true way of calling lawyers. But what if that doesn't result in any satisfactory results? What if a single board member steps beyond the normal limits of society and begins to anonymously harass?

That happened at Edgewater Isle. One board member at Edgewater Isle attempted to right his perceived wrongs by beginning a campaign of electronic harassment that included topics of disabilities, pain, rape, and violence. He didn't choose to send spam of cute puppies, but instead chose alarming e-mails that resulted in a judge ultimately finding that the emails this board member were designed to harass.

Read the whole story.

Are Homeowners Associations On Their Way Out?

June 22, 2011

"Studies show that about 20% of U.S. homeowners are members of a homeowners association, but more and more of them may find the doors locked when they go to their next meeting. Evan McKenzie, a political science professor at the University of Illinois at Chicago, argues in a new book that homeowners associations inherently infringe on people's rights, and that their (the HOA model's) time is limited.

Nevada, Florida and Virginia recently enacted laws setting up consumer intermediary offices to act on behalf of homeowners who are being pushed around by community associations. The power structure, McKenzie adds, is rigged heavily in the associations' favor at the expense of individual homeowners, particularly as such community groups tend to push big piles of money toward local governments and big developers in a sort of symbiotic power-sharing relationship. "

Read complete article.

Why is Master Association™ Wasting Money on This?

June 16, 2011

This story should have appeared here last year, but things slip.

But really, is anybody watching how the boards of directors spend money? The Master Association had an attorney spent money to have an attorney obtain a "trademark" on the 25-year-old "Edgewater Isle" image that appears in the entrances of the complex.

Now, mind you, this same board of directors has failed to use that trademark on any of its correspondence FOR YEARS. Why did they apply for the trademark?

Find out why™.

North Association Lies to Homeowner

May 26, 2011

Well, here we go again. An association "letter from the board" turns out to be nothing other than a few board members gossiping and directing the property manager to do what those board members ask.

After a homeowner received a letter from the North Association's property manager, the homeowner replied with a section of the California Civil Code that of which, somehow, the property manager and the board were ignorant. The board felt quite confident in its position to intimidate the homeowner with threats of being called to a "Hearing" and what all, until they read a 7-year old law that they should have known in the first place. Words like "...writing to you on behalf of the Association" becomes "a few board members requested" and "a recent site walk" becomes "a few board members noticed" when the homeowner challenges the letter.

And it's not the first time Edgewater Isle North has pulled such a stunt.

Read the whole story.

Master Association Foreclosed on a Unit

First-Ever HOA Foreclosure at Edgewater Isle

May 25, 2011

In an unprecedented action, Edgewater Isle has completed a foreclosure on a unit.

On April 26, 2011, the Master Association foreclosed on 2021 Vista Del Mar, a one-bedroom unit purchased by the homeowners in 2005 for $450,000. Public records show that the purchase was 100% financed (i.e., the homeowners did not have a down payment) and that both North and Master associations pursued the homeowners who had not paid dues in several years.

Read the whole story.

Homeowners Charged for Meeting Minutes

May 24, 2011

A reader wrote in to ask why management companies charge for meeting minutes. Well, this is an interesting question. The management company does not make the rules of the association, but rather acts on the authority of the board of directors. The boards of directors are permitting the management companies to charge these fees.

A section of California law, Code §1366.1. Excessive Fees says

"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."

Does a charge of $4.00 per meeting minutes per association, including those minutes that are sent via e-mail, seem like an excessive fee? We think so. A homeowner at Edgewater Isle would have to pay about $100 to get the North or South and Master meeting minutes for a year. Perhaps the boards don't want homeowners to know what goes on at meetings, if there are meetings, and have done what they can do discourage a homeowner from keeping current on the goings on of their association. That, mind you, is the same board that says homeowners never get involved. Could Edgewater Isle be hiding anything by charging outrageous amounts for the meeting minutes? Regardless, here is one man's opinion of budgets and meeting minutes:

Edgewater Isle North Association Demands Removal of Sign

Association is Flirting with Infringement of a Homeowner's Free Speech Rights

May 18, 2011

Well, lookie here. The homeowner who has had it with the Edgewater Isle North's stall tactics and placed a sign in the window expressing that frustration has received a letter from the association demanding that the homeowner remove the sign.

Now, this is interesting for a few reasons.

The "Board" noticed this on a "site walk." Since the sign went up on Friday, May 13, the site walk must have occurred between then and Monday, May 16. How then did the management company fire off a letter that quickly?

Was there "action without a meeting?" If so, was this an emergency? It does not appear so. And did all of the board members consent in writing to an action without a meeting? Ha! Would a board retroactively create such documents afterward? You be the judge.

We invite the Edgewater Isle board of directors, and their management company, to reacquaint themselves with the California Constitution, Article 1, Section 2.

Homeowner Has Had It with HOA

May 13, 2011

A North Association homeowner has HAD IT with the HOA. The Edgewater Isle North Association permitted a rat infestation to occur in Building 4, separate from another rat infestation that occurred a few years ago. This time, the North Association issued a check to reimburse the homeowner for related costs, only to place a stop payment on it for reasons never explained, and then not issuing a replacement check.

So, the homeowner has taken measures surely to get attention and resolve this matter once and for all and placed a sign in their unit's window letting everyone know about this web site.

 

South Association's Management Company Not Returning Calls

April 24, 2011

A frustrated homeowner writes us asking for help as no one from Manor Association has returned their calls.

Why has no one from Manor returned this homeowner's calls?

Subject: Form Submission
From: redacted@yahoo.com
Date: Wed, April 20, 2011 2:00 pm

Comments: Hello:

REDACTED REDACTED on behalf (POA) NAME REDACTED ADDRESS REDACTED Vista del Mar.
I have been attempting to deal with Janis Lee at The Manor and we had a what I felt was productive communication via both voice and email regarding an REDACTED SUBJECT HERE.

In January, Janis told me she would discuss the situation and redacted issue here with the board. In late Jan she sent me an email saying she was out of town but would contact me with an update.

Since then, I have had no response to either my voice or email messages trying to re-establish contact with Janis. Other than an operator who assures me Janis will get back to me, no one else seems to answer their phones.

I am hoping that you can either forward this to the HOA board or an individual member(s) because the Manor will not give out any information.

While I was composing this, Janis' three-days-on-the-job assistant returned my call (surprise!) and said Janis has been out ill but I refuse to believe that she's been ill three months!

Any help is appreciated. Nick was at least easy to find.

homeowner
email: redacted@yahoo.com

Other Management Company Thinks They Want to Work Here

March 31, 2011

Subject: Form Submission
From: rob@redacted.com
Date: Mon, March 28, 2011 10:00 am

Comments: If any of you are still unhappy with your management solution, we would be interested in meeting with you to discuss your needs and our services.
email: rob@redacted.com
phone: 925-REDACTED

This email, received from our "contact us" page, is from a local property management company who is interested in working for Edgewater Isle. This is interesting, because before they were the property management company for the South Association, The Manor Association in Redwood City was reviewing this site. Maybe in time, this company will be next.

Don't Try This At Home

March 31, 2011

Really. Don't try this at home. Use the public library. (Yes, we know.)

As in any public forum, there are always some who try to spoof their identity, sneak one by, because they think they can. Edgewaterisle.com is no exception. A few posts in the forum are outright scams, and we know it. ("I'm a former board member...." is a favorite.) Going to the San Mateo Public Library to avoid being hit with another civil harassment restraining order. (Yes, we'll have to get to that at some point.) We post them anyway. But try to keep it somewhat real. Some of the posts are just too obvious.

Let's Call The Police

March 9, 2011

Association Representatives Threaten, Blow Hot Air

A recurring pattern at Edgewater Isle is an intimidation tactic that management representatives use (two of those representatives are lawyers). These management representatives have displayed a habit of threatening to call the police on homeowners when disputes arise.

These threats made to homeowners were all designed to intimidate, and "the police" were never called in any of these instances. But it is interesting to note how Edgewater Isle representatives have been so quick to threaten law enforcement action over homeowners association disputes.

Homeowners should recognize this technique should they see it in any correspondence addressed to them. Most homeowners association disputes are civil matters, and police departments will very rarely become involved in such disputes.

So let's call Edgewater Isle out on its childish intimidation tactics against homeowners.

Edgewater Isle Stops Payment on Check to Homeowner

February 23, 2011

In an unbelievable display of disorganization, the Edgewater Isle North Homeowners Association issued a check to a homeowner to cover expenses the homeowner incurred fighting a rat infestation problem. The homeowner received the check, deposited it 3 days later, only to get it back from the bank with a big fat "STOP PAYMENT" notation on the returned item.

And to make matters more fun, the check was dated in October, but the homeowner received it in January. Just exactly where was this check sitting for 3 months? Is there anyone in charge of things there?

Check back soon. More is coming on this story.

Feds Investigate Las Vegas HOAs

February 15, 2011

U.S. Justice Department prosecutors are conducting an investigation into allegations of fraud within Las Vegas-area homeowners associations.

In what reads like a cross between any homeowners association and the mob, the Feds are saying that construction defects lawsuits (like those previously filed in the North and the South associations) have been designed to build business for local construction companies and lawyers.

This situation illustrates the importance of California homeowners associations having an oversight function. As of now, homeowners are left on their own to right the wrongs committed by recalcitrant boards of directors whose only interests are themselves, contrary to what they may say.

Is San Mateo's 9.5% Sales Tax Backfiring?

February 1, 2011

When San Mateo voters passed the ballot measure to increase the City sales tax to 9.5% in November 2009, they probably never would have imagined the potential consequences passing the highest sales tax in the county.

Rumor has it that Restoration Hardware at Hillsdale will be closing in the coming weeks, and this on the heels of Crate and Barrel's closing last week. Two major retailers, next-door neighbors, closing has to hurt the City's tax base and of course, the workers at those stores. Perhaps the jump in sales tax is bringing more loss than than gain for the City.

South Association Sends Propaganda to Homeowners

December 19, 2010

Edgewater Isle Board Knows More Than Judges, Just Ask Them

Yesterday Edgewater Isle South homeowners received a letter from the board of directors discussing their recent small claims loses. The letter is quite simply, well.... horseshit. Full of so many omissions, lies, and self-pity, it is astonishing that any board of directors would put this in writing.

UPDATE

Word is spreading quickly on reaction to the South Association's board of directors' letter.

Homeowners (and a non-homeowner) are chiming in about the Board's actions, and so far, it's universal disapproval.

Excerpts:

"Shame on you South Board and shame on all the Boards and Management companies."

"For a board to not accept responsibility for anything is disgraceful. All of them should resign."

"They really don’t care about our neighborhood, and they just enjoy the “power” of being a member of the board, they have the guts to write a memo stating the Small Claims Court got it all wrong."

South Association Pays Winners of Small Claims Cases

December 16, 2010

Yesterday, the winners of the small claims cases against the South Association received payment of the judgments from the South Association.

The lingering questions are:

1. Where in the budget is the Association taking this money to pay the judgments? Or the board members going to reimburse the Association for these wasted funds?
2. Has the association learned to behave like good citizens and work responsibly with homeowners?

 

Former Board Member Pleads Guilty to Felony

December 13, 2010

Former board member Kelly McGuirk, who was recently active in choosing pool furniture, today pleaded guilty ("nolo contendere") to her latest theft charge of stealing cigarettes from Costco. This plea results in a felony conviction. Sentencing is scheduled for January 14.

North Unit Listed 20% Below Its Purchase Price

December 6, 2010

MLS records show a unit (1924 Vista Cay) in the North Association has been listed for sale at a whopping 20% below its purchase price 4 years ago. This represents a loss of equity of $110,000, not to mention the money spent on dues for the associations. A stark reminder of the dire times the real estate market still faces.

South Announces Earthquake Insurance Vote Results

December 3, 2010

The South Association announced that 40% of South homeowners failed to vote in the earthquake insurance vote, and that the measure did not pass.

Which leads one to wonder what will happen to those 40% when they wake up and realize that they have been financially sucked dry by their Association's board of directors while they were too busy watching American Idol to care about their financial security.

Homeowners Weigh In

November 21, 2010

Two homeowners have voiced their opinions in the Forum on the South Association's double loss in Small Claims Court. It ain't pretty.

South Association LOSES 2 Small Claims Cases in 1 Day

November 17, 2010

The Edgewater Isle South Condominium Owners Association was the defendant in two small claims hearings on November 1, 2010, after two homeowners had enough of the South Association's board of directors' (see photo, right) games (see case 1, see case 2). Despite using Berding & Weil attorney Sandra Bonato's brief in court, the Association LOST both cases ON THE SAME DAY. The Association has been ordered to pay $1,500 to each homeowner, plus their costs (filing fees, etc.) It's another loss for HOA industry lobbyist/attorney Sandra Bonato.

The Association, who whined in its briefs about everything, was thoroughly rebuked by the small claims court commissioner, Susan Greenberg, who seemed to reject every one of the Association's points in its very expensive "brief."

Perhaps it is time for this Association to get over the whining, playing the victim, and being obstinate, and start to work with the homeowners instead of fighting them every step. The Edgewater Isle South Condominium Owners Association board of directors (Barbara Finnegan, Jim Newell, Sylvia Morrison, Jane Fraser, and Lynn Hanlon) made NO EFFORT to work with the homeowners to address the homeowners' concerns. The board "lawyered up" early and often, and in the end, lost. This board of directors treated the homeowners they purport to want to work for with complete disdain, and ultimately it didn't work. This board of directors has obviously lost sight that it is a neighborhood community they work for and should get off the high horse known as themselves.

Let us know what you think.

Breach of Fiduciary Duty?

Since the board of directors (Barbara Finnegan, Jim Newell, Sylvia Morrison, Jane Fraser, and Lynn Hanlon) has wasted $3,280 of homeowners' money on this judgment and another $8,000 - $10,000 on Berding & Weil lawyers, shouldn't Berding & Weil now be advising the board members they should reimburse the Association for these WASTED FUNDS? Here is what the board of directors spent from May through September fighting a petition of voters. This invoice does not include the very fancy "briefs" that the association presented to the court.

Outrageous spending of homeowner funds.

It's Getting Worse

November 7, 2010

We have a reader who has doubled down on the "Nazi" comment, and upped the ante by calling the boards of directors a "bunch of dictators."

Read about it and add your own comment in the Forum section.

Nazi Neighbor?

October 29, 2010

A homeowner has chimed in on the forum to say that there is a "nazi neighbor" who is reporting things to the management company to start up trouble for other owners. Hum.....sounds bad. Anyone with more information is encouraged to post their experiences on the forum as well.

South Has a Meeting Tonight

October 25, 2010

The South association has a scheduled meeting tonight, and the two items under "New Business" include:

1. 10.1 Change in Management
2. 10.2 Legal Issues (Executive Session) (in other words, they wanna talk about the small claims cases to be heard next week)

So, we should know shortly who the new management company will be for South.

Who Is the South's New Management Company?

October 22, 2010

Well, we don't know, but something tells us The Manor Association in Redwood City is interested in knowing what's going on.

PML Gives South the Boot

October 21, 2010

Edgewaterisle.com has received a tip that PML Management has given the South Association the boot. The unnamed source tells us that PML terminated their contract as the property manager of the Edgewater Isle South Condominium Owners Association, and gave 30 days notice. Rumor is that the South Association met in "Executive Session" on October 14 to review other property management companies' proposals to manage the Edgewater Isle South.

The question is, can this board be managed? With two small claims cases pending, does this board listen to anyone but themselves?

And how many management companies has the South run through? Pargett, Mulqueeney, Franciscan, PML.....Who have we left out?

Who is next to join this dubious list? Time will tell.

Wait, The South is Doing A What Now?

October 10, 2010

The illustrious Edgewater Isle South Condominium Owners Association board of directors has taped a notice, outside of the bulletin board, that they will be holding an executive session meeting on Thursday, October 14, to discuss "personnel" matters. Now, let's throw some speculation on the wall, shall we?

What could be covered under "personnel matters?"

Two things come to mind. Our first guess is the maintenance staff, and we all know that's a safe one to rule out.

The second guess is the management company. Please notice how this bulletin was TAPED outside of the bulletin board, not inside the glass cover. One could surmise that it's because the board member did not have the key to open the bulletin board, and did not want the management company to know about it, much less put it there. Also please notice how it is being held at the Hilton Garden Inn, not the management company's office. Why would the board NOT hold an executive session meeting at the management company? This same board did just that back in August to discuss the small claims case lawsuit they are facing. Why would they hold this one in public when they could have a conference room at the property management company? (I'll take "Things That Make Me Go "Hmmmm......" for $200, Alex.)

Could this board of directors be looking for a new management company since they lost their legal business name and are quite obviously bitter about it (their documents all play the victim "poor us, woe is us")? Could it be because they currently face two small claims suits? (Maybe it's their own fault for being so difficult with homeowners.) Or, could it be the rumor we've heard about the Association delaying the production of an Association document for 4 MONTHS, delaying the sale of a South condo for the same amount of time?

Or could it all be a cover to talk about those small claims cases? Who knows.

It could be any of these reasons, or others of which we are unaware. But this is enough to get started.

Anyone with any ideas is welcome to post them in the forum section.

Oh, and last but not least, how and when exactly was it determined to hold this meeting? In e-mail or phone calls held between board members? Will those e-mails and phone records be entered into the meeting minutes as part of action outside of a meeting? (Hint: No. The rules be damned.)

A One-Bedroom Condo Sells at a New Low

October 7, 2010

San Mateo County records show that a 1 BD, 1 BA condo in the North association recorded selling for $315,000 on October 5. The sales price of $315,000 is below the two recent foreclosure sales of 1 BD condos and is below the 1 BD condo that was rebuilt earlier this decade. Just over a year ago, a 1 BD sold for $410,000.

B L I N K !!!

October 6, 2010

The South Association BLINKS in the face of two small claims cases for not holding a vote on earthquake insurance.

The South board of directors, who at one time claimed "limited resources" for not holding a vote, has been using Berding & Weil attorney Sandra Bonato to deal with the petition submitted by the homeowners whether to continue the insurance. And after 7 months of stalling, delaying, and denying, the board now believes they should hold a vote? After two small claims cases were filed? Oh, how convenient.

Did the board of directors orchestrate this upcoming election to please the judge or to please the homeowners?

Why doesn't this board just get out of the kitchen. They obviously can't stand the heat.

Who Sent the Nastiest E-Mail We've Seen?

October 6, 2010

The thing about cleaning out a closet is one always finds some old stuff. And that's what's happened here. But this time, the old stuff containes what has to be the nastiest e-mail we've ever seen from a board member at Edgewater Isle. This is why it's better to avoid putting such stuff in writing, because one never knows when someone will find it in the back of a closet, forgotten about for years, and destined to make the internet.

What's On Your Mind?

October 1, 2010

A new feature of edgewaterisle.com is a discussion forum for readers to post concerns, praise, or criticism. One smart reader already found the forum before it was ready to go live, and commented on the web site. Add your comments.

Which Board Member is Harassing?

September 21, 2010

Which current Edgewater Isle board member has been harassing the publishers of this web site?

A current board member has been harassing one of the writers of this web site by sending 381 unrequested e-mail newsletters, including:

	•  Violence Against Women (twice)	•  Crime Victims with Disabilities
	•  Military Sexual Trauma	•  Injury and Violence Prevention
	•  Suicide Prevention	•  Depression, Bipolar Disorder, and Schizophrenia

Anyone else see a pattern?

Let's provide some help for those who aren't familiar with this. Any time you visit a web site, your ISP (internet service provider) keeps a log of the web pages you visit. You also provide your IP (internet protocol) address with every activity you conduct online. When you sign up for a newsletter, many servers (the backend computer that processes your request) capture your IP address and include it in the confirmation e-mail for that newsletter you just requested. And when you spam someone else's e-mail address, you've just provided your IP address to the recipient of your harassing spam.

Example:

After receiving 381 newsletters, and with all of those that do show an IP address showing the same requestor's IP address, you can tell who is harassing you. It is a crime under California civil and criminal laws to engage in harassment. Anyone who finds themselves the victim of such harassment should save all of the e-mail, file a police report, and tell their harasser to

STOP IT. We know who you are.

And seriously, shouldn't you grow up? What did all of this get you? You are a sitting board member who has been discovered using grade school tactics to avenge your grudge, and you've been found out. And we know that it's you. And we know that you know that we know. We're all going to assume that you are going to stop now, because you know where this is going if you don't.

SOUTH ASSOCIATION SUED AGAIN!

September 14, 2010

After barely settling in from their Super Stealth Executive Session meeting, complete with a request for postponement of the hearing of one small claims case, the Edgewater Isle South association has been hit with another small claims case from an owner. And in a either a very convenient or very inconvenient stroke of irony, the case is scheduled for a hearing on the same day as the first case that was granted a continuance.

San Mateo County Court records show a second case was filed against the Edgewater Isle South Condominium Owners Association board of directors on September 7, 2010 for failures to bring a vote, failure to respond, failure to provide earthquake insurance policy upon request. The claim also asks the court to "hold the vote as well as assign a 3rd party to have this vote due to the lack of credibility from the board."

Oh SMACK!

The claim requests $2,518 in damages.

Berding | Weil attorneys are going to be so happy!!! ♥ ♫ ♫ ♫ ♫ ♥ They'll make their billable hours this month because the Edgewater Isle South Condominium board of directors just can't comply with the Davis-Stirling Act. Is this what they went to law school for? They probably had impressive dreams of changing the world at one point, but now, hey, they gotta pay off those law school loans. And what an easy way to do so with the patsy Edgewater Isle South Condominium Owners Association board of directors.

Court records show that certified mail summons was signed for by "ILLEGIBLE" at PML Property Management.

South's "Block the Vote" Postponed 6 Weeks

September 3, 2010

The Edgewater Isle South Condominium Owners Association's "Block the Vote" small claims court case hearing has been delayed from September 20 until November 1 at 1:30.

The board of directors, and specifically Lynn Hanlon, had requested the hearing be delayed until after October 25, and the Small Claims Court has now rescheduled the hearing. It will be over 3 months from the time the case was filed until the case is heard.

The Chronicle Has an Article On HOAs

September 2, 2010

And it's not flattering.

The article is titled "What happens when your HOA becomes hostile?" which makes one wonder if they've been reading edgewaterisle.com. The article begins:

In condo complexes, the Home Owners Association, or HOA, can be a great relief: major expenses are shared; rules agreed on makes everyone's life easier.

On the other hand, a hostile HOA can be a bit like the mafia.

.....Frankly, HOAs aren't famous for encouraging individual taste, nor for the kind of flexibility people need right now. It's enough to make anyone think twice before getting anywhere near an HOA, not matter how swank the condo, no matter how desirable the neighborhood.

And the comments, written by the readers of the article, are insightful: the readers have obviously lived the HOA experience and have similar frustrations with their own associations. The comments echo what edgewaterisle.com has been publishing for 6 years now. Let's take a look at some of those comments and see how many of them apply to the various Edgewater Isle boards of directors and their attorneys, Berding | Weil.

Reader Comments from The Chronicle's Article "What Happens When Your HOA Becomes Hostile?"	Applies to Edgewater Isle	Does Not Apply
sf_native1967 9:21 AM on September 2, 2010 Absolutely right! There is alot of money to be made on struggling people and that's why attorneys love to get involved these situations, especially when they know that they can't lose. They're scums without moral compasses for doing this!
theslug 9:21 AM on September 2, 2010 Most HOA's tend to be those with severe Hilter Complexes. They're usually attorneys who couldn't make it on court, retired car dealers with too much time on their hands, and small, little men with a Napoleon complex.
toasty 9:25 AM on September 2, 2010 HOA's are a joke. Why buy a place and "own" a place that is run by other people? It's no different than renting - except that your mortgage is higher than the typical cost to rent, and you're still paying someone else. Honestly, if you can't afford a house, wait a little bit and save uprather than getting suckered into the "cheaper" condos/townhouses that end up costing about the same after years of HOA fees.
memorydaze 9:25 AM on September 2, 2010 Oh Please! This is just more legalized crime! Hello representatives? Just say, "NO", "No Way", "Enough is Enough" Republican, Democrat, Independent, whatever: it sure would be good to feel the action from the pre-election platforms that "I promise to make a difference!"
deprogrammed 9:26 AM on September 2, 2010 I refuse to live in a place with an HOA. It's bad enough you can never really own a house (miss paying your property taxes, and see how fast you can lose your "paid for" home). Why pay a bunch of outside busybodies to tell you what you can and can't do with the structure you're paying for?
sameold 9:42 AM on September 2, 2010 when i was looking to buy i looked at condos that were affordable even with the HOA's, they were centrally located, and in some nice newer buildings. in the end i bought a house and am happy i did. theres just way more flexibility to do what you have to when the need arises.
skyshadow 9:46 AM on September 2, 2010 The trouble with HOAs isn't that the concept iteself is bad, it's the sort of people who decide to get involved in governance. This shouldn't be surprising -- you're asking people to do a job like this for free or for very little gain, so you naturally attract the people who see other attractions to the job. Specifically, they tend to be either nosy busybodies or the types that like lording power over other people.
gromit801 10:30 AM on September 2, 2010 Now, a CA Constitutional Amendment against HOA's would be well received. You have the right to own property, without an HOA telling you what you can do with it, as long as you're not breaking state laws. All prospective home owner should be able to buy any home they can, and opt out of HOA if one exists where their new home is. Not wanting to belong to an HOA should never bar someone from buying the home they want.
liberal2 10:56 AM on September 2, 2010 I will never, NEVER purchase a home where someone else has any but the minimum legal say over my property - my color choices, whether my garage door is open at odd hours, whether I can have a clothesline. Ridiculous. My home is MINE, save meeting city codes. And I get to vote in or out the people who create those.

Board Member's Libelous Letter

September 2, 2010

Before she was a board member, Sylvia Morrison wrote an ill-advised letter about her neighbors and sent it to the property management company. After reading it, you can understand why so many took offense to such a missive. Not only does it display bad judgment, it obviously created a legal problem for her as she ultimately retracts her statements, on a lawyer's stationery.

See it here.

Here It Is: The South's "Block the Vote" Lawsuit Strategy, Part 1

September 1, 2010

After the Edgewater Isle South Condominium Owners Association's (say that fast) Big Important Executive Session meeting last Monday night, the Association has requested a postponement of the small claims case. Of course. They always do — it's right out of the HOA lawyer's playbook.

It's signed by Lynn Hanlon, Vice President of the HOA. And the forms were completed and mailed by none other than:

Berding & Weil. Of course.

Suspension Over

August 31, 2010

Public records show that the 2+ month suspension by the California Secretary of State for Edgewater Isle South Condominium Owners Association is now over. But not before they had to change their name because of their lax efforts of keeping their own records in order and filing the correct form.

Edgewater Isle South Condominium Owners Association was suspended from June 17 - August 20, 2010, for failure, in their own words, to adequately complete a very simple form. Good for you. Now the lawsuit proceeds against the Association with the new name.

Foreclosure Auction Postponed

August 27, 2010

As frequently happens with foreclosure auctions, the auction scheduled for August 26 for 1937 Vista Cay has been postponed until September 10. Another unit, listed as sale pending for quite some time, 1514 Vista Del Sol, is also scheduled for foreclosure auction on September 7.

Overheard

August 22, 2010

The chatter along the path is that the Edgewater Isle South Condominium Owners Association board of directors is meeting in executive session to plot a strategy to move the current small claims case (over the board's denial of a vote on earthquake insurance) from small claims court to superior court. A board of directors, and for that matter, individuals, cannot be represented by a lawyer in small claims court and in superior court they can. So one may properly infer from this that the board wants a lawyer to represent them in this matter.

How on earth would this be overheard? A certain board member has a big mouth, that's how.

South Association Sends Out More Ballots

August 13, 2010

Tomorrow is the "deadline" for homeowners to return their ballots to change the name of the association to "Edgewater Isle South Condominium Owners Association." (Rolls off the tongue, doesn't it?) The association has been suspended by the State of California for the past two months and is forced to change their name because they seemingly forgot to return the requried forms to the State of California, not withstanding claims they made "minor clerical errors" on the form. (Yeah, right.)

Well, apparently not enough ballots have been returned to the management company because additional, or rather new, ballots are being sent out to some homeowners to drum up the vote. The association included a statement in their original materials that they could extend the voting deadline if they want.

You Got Served!!! (The South Association, That Is)

August 10, 2010

San Mateo County court records shows that subpoenas have been served to the Edgewater Isle South Owners Association, Edgewater Isle South Condo(minium) Owners Association, Barbara Finnegan, Sylvia Morrison, Jim Newell, Jane Fraser, and Lynn Hanlon in care of the property manager, PML (who should have been the agent of service of process had the original Edgewater Isle South Owners Association remembered they had to do some paperwork with the Secretary of State). The service was accepted by PML (property management company) CEO Joseph D'Agostino.

The board members are named individually because the association formerly known as Edgewater Isle South Owners Association is currently a suspended California corporation, and their proposed name has not been approved by the members nor submitted to the Secretary of State.

Because there is no corporate shield when a corporation is suspended, the board members could be found to be personally liable for any award rendered in the small claims case.

Another Foreclosure Scheduled

July 29, 2010

A foreclosure auction for 1937 Vista Cay has been scheduled by the lender for August 26 at 1:00 p.m. No opening bid is listed. This property has been listed in county tax records recently for unpaid property taxes.

(Also, the foreclosure auction scheduled for 1514 Vista Del Sol has been postponed until September 7 at 12:30 p.m.)

(UPDATE: This property was finally foreclosed on May 11, 2011.)

Homeowner Files Small Claims Case Against South Association

July 27, 2010

Edgewater Isle South Owners Association, aka Edgewater Isle South Condominium Owners Association, has been served with subpoenas for a small claims case filed by a homeowner against the association for failing to follow California Civil Code §1363.03. The South Association (whatever their name is) failed to follow proper procedure and allow a valid petition of homeowners to be placed on the ballot and receive a vote of owners.

The petition of homeowners had to do with the ever-increasing cost and ever-decreasing benefit of the association's earthquake insurance policy. The association is hell-bent on using a non-licensed insurance company, complete with a policy that doesn't offer much coverage. The homeowners want to take a closer look at this increasing expense, and the board felt they knew better.

The board of directors was named personally in the case because the association is currently a suspended California corporation.

The case is currently scheduled for hearing on September 20, 2010.

Edgewater Isle South is a Suspended Corporation

July 17, 2010

Association Cannot Correctly Complete a Form

Association Had Opportunity To Settle Dispute Privately, Would Rather Change Its Name

Edgewater Isle South Owners Association has been suspended by the California Secretary of State's office, and the board of directors has sent out a ballot to homeowners to change the name of the association.

For nearly 3 years, Edgewater Isle South has failed to file an easy but required statement with the State (see image below). Homeowners received a letter from the association today asking them to vote on changing the name of the association. While much of what the letter said is accurate, there are parts that are just great comedy. And some whining thrown in for good measure. The Edgewater Isle South board of directors was given the opportunity to work this out privately, but instead chose to ask homeowners to vote to change their association's name and without making any effort to get back the name.

Consequences

How can the South association change its name without making changes to the Master governing documents? The Master governing documents refer to the "Edgewater Isle South Owners' Association," not the "Edgewater Isle South Condominium Owners Association."

Whose Fault?

Whose fault is it that the name expired? It is the board of directors' fault. No one else's.

While they are so busy ignoring lawful homeowner petitions regarding the earthquake insurance, they forgot to keep their own house clean. Since they're such fond and frequent readers of this web site, shouldn't they have known that Edgewater Isle North was also suspended at one time? There is a convenient link to the Secretary of State's web site there, so it would have been very easy for them to have checked their status and prevented anyone else registering the same name.

 

See more here.

 

Did Edgewater Isle Master Association Violate a Federal Law?

July 15, 2010

Edgewater Isle Master Association posts its agenda in a common area space, a bulletin board located by the RV lot by the north entrance to the complex. Agendas for all association meetings are required to be posted in a common area space.

However, the Edgewater Isle Master Association violated the Federal Debt Collection Practices Act in this agenda posted for the July 1 meeting by listing an item as follows:

"10. Monthly Payment Plan for Unit XXXX XXXXXXXX."

What the Hell ?!?!

Who did this? You're not supposed to identify an address. Don't you even read your own lawyers' web site where they have an article on just this topic? You cannot identify a name or address in minutes (and one would assume, agendas as well). What do you think you're doing? THIS is not in executive session while everything else that shouldn't be in executive session IS? What ARE you thinking?

See full size image.

A Note To the Homeowner

Should you want the original picture with the address still in it for a small claims case against the board, please drop a note. We're friendly and on your side. This is outrageous.

Who Is Berding | Weil?

July 9, 2010

You mean besides a semi-regular visitor to edgewaterisle.com?

Yes, besides that.

Berding | Weil is a law firm in Alamo who, documents show, is actively engaged in meddling in the legitimate business of homeowners who have legitimate business with their homeowners associations. While Berding | Weil may also provide some benefit to homeowners associations, they are better known by homeowners as the source of uncooperation from the board of directors. Documents show their use of belittling, intimidating, and obfuscating tactics, at Edgewater Isle and other homeowners associations.

Let's see some examples here.

Board Sets New Record in Unbridled Gall

July 6, 2010

"An educated membership taking advantage of the internet and trade publications can and should hold boards to high standards of compliance with the law."

"Pursuing many types of violations of Davis-Stirling and other laws affecting homeowner associations does not require attorneys. Some are self-executing...while others can be pursued in Small Claims Court....Directors that fail to do so— aside from putting themselves and their associations at risk—are subject to the highest form of penalty: rejection by the membership and removal from power."

Excerpted from "What Happens When Boards Violate Davis-Stirling?"
by Steven S. Weil, Esq. and Andrea L. O'Toole, Esq
Used under the"Fair Use" doctrine of the U.S. Copyright Statute

Board Thinks They Know How You'll Vote

Wow. Well, the Edgewater Isle South Owners board of directors has set a new record in the Unbridled Gall category. This has to be a first anywhere that a homeowners association board of directors assumes they know stuff without any study or effort.

Seven homeowners submitted a petition to amend the association's bylaws to allow changes to the way the association buys earthquake insurance. The homeowners submitted more than the required 5% of required signatures for a vote. But the board of directors has substituted California Civil Code with their own judgment. Wow.

Who on earth does the South board think they are to act outside the authority of the Bylaws and substitute their own judgment for a valid petition of the members?

UPDATE: Berding | Weil law firm was behind it.

Another Foreclosure Auction Scheduled

July 1, 2010

In what must be Exhibit A in banks' stupidity, a unit listed for sale at Edgewater Isle, 1514 Vista Del Sol, has been on the market for over 4 months and is also facing foreclosure auction on July 23. This unit sold 5 years ago for $675,000 and is now listed as "sale pending" for $499,000 on MLS.

But in another example of banks' greed, the bank has moved to foreclose on the unit for a whopping $792,718. That is over $100,000 more than it sold for during the real estate boom, and more than any unit has ever sold for at Edgewater Isle.

We have seen this already at 1905 Vista Cay where the bank foreclosed at $396,000, and there were no takers. Should this go to auction at this price, surely there will be no takers again. Why don't the banks just take the offer on the table and move on? Why are the banks so greedy stupid out of touch?

UPDATE: The auction has been postponed until September 7 at 12:30 p.m

Common Interest Management Joins A Dubious List

June 22, 2010
UPDATED: July 1, 2010

Well, it's too bad this day has come. Two years after Common Interest showed an uncommon interest in being a/the management company for Edgewater Isle, the group hug has come to an end.

Common Interest now joins the list of Property Management Companies Who Disappoint. It's too bad the list is becoming longer and longer.....Edgewater Isle has been through almost every property management company on the Peninsula. Edgewater Isle North was so out of options that they had to turn to breaking the bylaws to get an out-of-county management company. But that's another story.

Common Interest has made commitments it has not lived up to. Common Interest is not returning phone calls, which appears to be a familiar tune to other homeowners who have expressed their displeasure on Yelp.com. Oh well......who's next?

UPDATE: The property manager has been removed and replaced with a new property manager. Kudos to Common Interest for listening to the complaints.

BUT WAIT!!! THERE'S MORE >>>

This site not published by any of the Edgewater Isle homeowner associations in San Mateo, California. This site is maintained by homeowners and the views expressed are of homeowners, which are sometimes at odds with the boards of directors of the associations, and has, on at least one occasion, driven them to unwelcomed behavior. This site is not involved with the management of the homeowners associations. Communication represented as being from the homeowners associations is 100% accurately reproduced; some personal information may have been redacted.

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