As you know, we have been waiting on the decision by an arbitrator to determine if our recall vote/election was valid, as well as the decision to determine if the ASPOA board had or has any authority to enforce the CC&R’s under the Davis Stirling Act, to convert Alta Sierra into a mandatory HOA.
The decisions are in:
We started this recall campaign to stop the board from pursing a mandatory HOA. The arbitrator’s decision is final and will be recorded….
Our community does not fall into the guidelines of the Davis Stirling Act to be a mandatory HOA, and the ASPOA board did not have nor will they have authority to enforce the CC&R’s. This decision ensures this issue will never be brought up again by any board. In this, we succeeded overwhelmingly.
As to the recall, the arbitrator ruled that the recall vote was not valid. The reason given was that we did not mail a notice to every member. We were hampered continually in getting financial information and membership lists from the board, therefore we did all of the following to get the recall noticed:
We sent e-mails to the 900 addresses we had, put a legal notice in The Union, posted signs at every entrance, had a website and Facebook page, handed out fliers, went door to door and made phone calls to those we had numbers, had articles in The Union. The arbitrator acknowledged the board’s refusal to cooperate, which is against the By Laws and California Corporation Code to not supply the lists, but ruled that notice to all members was paramount to members rights.
While we are disappointed that the recall, which took herculean effort in time and expense, was ruled not valid, we are overjoyed with the other verdict that protects our community now and in the future. We said all along that the ASPOA had no such authority. We spread the word to the residents to inform them and formed a movement to stop it. Thank you for all your support. We accomplished this goal together.
In the mediation with the Board, we received $25,000 toward attorney’s fees as well as policies that will be introduced to the ASPOA, such as a conflict resolution committee, and polling the membership/residents on important decisions before the Board embarks on them.
We will be in touch with further information. If you would like to see a copy of the arbitrator’s ruling, please respond to this e-mail and we will be happy to provide it. If you have comments or questions, please don’t hesitate to respond.
On behalf of the Recall Committee, thank you for your continued support.