And Smacks Him Around Some
ATTORNEY AT LAW
928 MIDDLEFIELD ROAD
REDWOOD CITY, CALIFORNIA 94063
TELEPHONE (650) 780-7928
July 24, 2008
Jeffrey Barnett, Esq.
101 Metro Drive, Suite 250
San Jose, CA 95110
Re: Correspondence to Moxi Posner dated May 22, 2008
Dear Mr. Barnett:
This letter is in response to your correspondence dated May 22, 2008, to my
client, Moxi Posner.
The allegation that Ms. Posner has had "inappropriate and disturbing" personal
communications with XXXXXXXXX XXXXXXXXX of R&M Construction is ridiculous. Ms. Posner,
like many of the residents at Edgewater Isle, knows and likes XXXXXXXXXXX very much. He has
been there for years and has a contagious smile and willingness to come to the aid of both
homeowners and renters alike. Ms. Posner has known him for over ten years; during that
time, XXXXXXXXXXXX also worked with Irwin Posner, Moxi's now deceased husband, while he
was on the Board of Directors. In short, there has not nor will there be "inappropriate"
personal communications with him.
Your letter cites the CC&R section prohibiting members from harassing
Association vendors. Ms. Posner has never "harassed" XXXXXXXXXXX or any other vendor; that
assertion is ridiculous, false and must be retracted. What has unfortunately been going on
at Edgewater Isle HOA is the harassment of Moxi Posner and other like-minded
homeowners who have the temerity to question the actions of the Board of Directors.
Enclosed is a copy of a letter I recently sent to the HOA Board and its counsel addressing
the issue of harassment my client has been subjected to. As that letter points out, in the
recent election for the Master Board of Directors, Ms. Posner received 64 votes, a clear
indication that she is not the disruptive figure certain people at Edgewater Isle describe
her to be.
Instead of attempts to discredit her with spurious allegations by using an innocent
party such as XXXXXXXXX, who is by nature friendly with everyone, the Board would be well
advised to change its tone and be respectful of all the HOA members, even those with
whom they disagree. I am hopeful that the new management company will advise the
Board to act in a manner that fosters understanding and open communication as opposed
to encouraging acrimony and bad feelings. Moxi is a long standing resident and member
of the Association who has legitimate concerns about the business of the Association and
will continue to exercise her absolute right to express them. She is an advocate for
homeowner rights and is rightfully concerned about the effects of ever rising costs for
persons such as herself on fixed incomes. Unfounded threatening letters written at the
behest of the Board of Directors will not silence her or other BOA members who may
receive them.
If you care to discuss this matter in greater detail, please feel free to contact me. I
suggest you learn about both sides of an issue before writing another letter such as your
first to Ms. Posner. I will be glad to tell you "her side" of the story.
Very truly yours,
Richard L. Pierce
cc: Moxi Posner
Sandra Bonato, Esq.
