Arbitration decision < click on it to read the full decision
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.
Our candidates for board change: Laura Rose McLeod Gerry Gates Enid Powell
Official Recall Election Results
The following results are from Bob Churchwell, of Curchwell Tax and Business Services.
• October 19th, Results for the Recall of the eight members of the board:
Name Votes to Remove Votes to Retain
Paul Hoefler 158 8
Don Bessee 159 7
David Johnson 159 7
John Keefe 154 10
Gene Jovich 154 10
Leland French 156 9
Jim Barrilleaux 151 13
Kathy Carey 149 15
• Results of Election for New ASPOA Board:
Name Votes to Elect
Gerald Gates 139
Don Branson 109
Laura McLeod 152
Steve Hurley 116
Tom Christy 54
Fred Crowder 116
Joe Mayer 91
John Noone 141
Keith Harris 116
Brad Peceimer-Glasse 159
Brad Dixon 153
Write In Votes:
Lee French 4
Paul Hoefler 1
Don Bessee 1
Kathleen Carey 1
Diane Coelho 4
Howard Miller 3
George Harrison 3
Jim Barrilleaux 1
Dave Johnson 1
Gene Jovich 1
John Keefe 1
Jerry Wilson 1
Jim Rice 1
J Williams 1
The vote today to recall the board was overwhelmingly successful. Churchwell Tax and Business Services conducted the vote tabulation and verification and will issue a formal official count shortly. However, we easily met the threshold for a quorum with proxy and in person voting and there was a landslide to recall the 8 members of the board.
The board was there in force, along with some chairpersons, handing out fliers at the entry in an effort to get people not to vote. We did not want intimidation or confrontation toward the voters and called the sherrif to intervene. There was a discussion with the deputies, and the board complied in moving away from the entry to hand out their materials.
We now turn to the election of 8 board members. The website aspoaboardcandidates.com should be ready to view by Oct 21. It will show the pictures of the candidates, describe their qualifications and what they would like to do for the community. Any ASPOA member who wishes to run for a board position is encouraged to contact us at firstname.lastname@example.org and you will be added to the website. No member will be denied.
We already have 9 people who have asked to be a candidate. This is one of the postitive things that has come out of this effort. Alta Sierra is no longer an “apathetic community”, as the former board has described. Many people who were, have realized the importance of getting involved. We have all met great people and made new friend/acquaintences through this effort, which has made it a better community.
To all who voted, thank you for your concern for Alta Sierra and making your voice heard.
To access the ballot and all information regarding the vote to remove the board, click here; Recall_Ballot_and_Proxyfinal
The recall petition drive met the threshold to require the board to call a meeting to vote on removal of the board. The signatures were validated by the board…yet they still refused to call the meeting. Upon legal advice and according to the ASPOA By Laws, if the board does not call a meeting, the members can do so.The recall ballot/proxy offers the membership the choice of voting for or against the removal of board members. We encourage you to review the facts and the history on this website to understand why 8 members of the board should be removed which would allow for open elections for 8 of 9 positions. The board has fought their removal by spending thousands of dollars in attorneys fees and now has threatened to file a restraining order to stop the election. No one in a democracy should abuse their perceived power to the extent that they violate their own lawsand try to prohibit a vote by the people. This board was never voted into office and we feel it is time we select our leadership through an election open to all…including the current 8 members.The ASPOA has for almost 40 years been a benevolent organization, doing good things for the community. This board decided to change the organization into a punitive one, where the board had power over all residents…whether they were members of the organization or not. They chose a path to convert Alta Sierra into a mandatory HOA, spent over $10,000 last year to accomplish it, and did not tell the residents. Part of the plan, and it is legal according to the Davis Stirling Act, was to get a court order to accomplish it. Their minutes and our meeting with their attorney prove it.There is a lawsuit against the board alleging, among other things : fraud, mismanagement and abuse of power. This should be taken very seriously by the membership and research into the allegations is warranted. Consult our website or talk to us in person. Ask for documentation that supports removing 8 members of the board responsible for spending to date over $25, 000 in attorney’s fees. The fees consist of converting Alta Sierra into a mandatory HOA without properly informing the residents and even considering a court order to do it, as well as using funds to defend themselves and keep themselves in office. They are determined to break this organization, divide the community, and bankrupt the treasury on legal fees…not spend the money for the good of the community. They have broken our trust and proven their disregard for the people they are supposed to serve.The recall movement is about transparency and open elections. Please vote. Contact us for a ballot/proxy or download it from our website.We are neighbors and we can disagree, however one thing we can agree on is that democratic law should prevail and we should have the freedom to vote for the people who represent our community. Had the board told the homeowners what their plan was with the mandatory HOA, they would not have been elected, the community would not be adversely affected and we would have enough money in the treasury for improvements to the community.Kathy MonteiroRecallaspoa@gmail.com VOTE this Saturday 10am at the Country Club.575-7984
To all ASPOA members:
The election for 8 new board members is Saturday, Nov 2 at 10 am the Club.
There are 11 members that are running for those seats. We have 4 former ASPOA board members who have served in years past, as well as members who have experience being on other boards, and others who are professionals with skills that can well serve the community.
The board candidates and their profiles are listed on this website under: BOARD CANDIDATES or you can also access it by going to: aspoaboardcandidates.com. This is an exciting election where the membership will have the opportunity to select the board of our choice.
Below is the ballot/proxy or go to the Ballot/Proxy page on this website. If you are not planning to attend the election, please vote for a maximum of 8 candidates, fill in the name of a proxy* to cast your vote for you, and e-mail it, fax it, or send it to:
Churchwell Tax and Business Services
610 Auburn Ravine #A
Auburn, Ca 95603
*You may list Kathy Monteiro as your proxy if you do not know someone who will attend the vote.
If you will be attending the election on Nov. 2, please bring the ballot with you. Before the ballots are cast, each candidate will be available to discuss their platform and answer member’s questions.
For more information: 575-7984 Only ASPOA members can vote… Join at ASPOA.org to be counted! Ballot below:
Proxy/Ballot to elect 8 board directors for the Alta Sierra Property Owners Association
ALTA SIERRA COUNTRY CLUB NOV. 2, 2013 10am.
Vote for no more than 8 people:
I vote for Gerald Gates_______ Write in candidate_______________________
I vote for Don Branson______ Write in candidate_______________________
I vote for Laura McCleod______ Write in candidate_______________________
I vote for Steve Hurley________ Write in candidate_______________________
I vote for Tom Christy Jr._______ Write in candidate_______________________
I vote for Fred Crowder________ Write in candidate_______________________
I vote for Joe Mayer ___________ Write in candidate_______________________
I vote for John Noone__________ Write in candidate_______________________
I vote for Keith Harris__________
I vote for Brad Peceimer- Glasse________
I vote for Brad Dixon__________
I will not be able to attend the election on Nov. 2, 2013. I have selected my candidate choices above for no more than 8 people. I name ________________________________as my proxy to cast my vote at the Nov. 2 election.
If you will not be attending the election, send this proxy/ballot by mail, e-mail or fax to:
Churchwell Tax and Business Services
610 Auburn Ravine Rd #A
Auburn, Ca 95603
e-mail: email@example.comFax: 530- 885-9706
Mailed proxies must be received by Churchwell on or before Oct 31, 2013