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November 2010 - Newsletter Website

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4 1<br />

Page 4<br />

Community Access<br />

Control Committee<br />

Chairperson:<br />

Dick Jewel<br />

Vice Chairperson:<br />

Roger Conway<br />

Bill Combs<br />

Dick Jewell<br />

Ross Willour<br />

Dick Bergstrom<br />

Armand Rouleau<br />

Chet Panique<br />

Board Liaison:<br />

Diana Grace<br />

Rules and<br />

Regulations<br />

Chairperson:<br />

Robyn Maceri<br />

Vice Chairperson:<br />

Glen Lockhart<br />

Secretary:<br />

Roger Ball<br />

Gloria Kapp<br />

Jeanne Blackburn<br />

Board Liaison:<br />

Joan Lopeman<br />

The following is a summary of the September 22nd Board meeting:<br />

ANNOUNCEMENTS FROM THE PRESIDENT:<br />

HOA legal action: Our Board is very proactive in pursuing the HOA‟s<br />

legal rights as far as delinquent assessments and violations of our governing<br />

documents.<br />

The Board has retained legal counsel to pursue Alternative Dispute<br />

Resolution with four homeowners. Three cases involve delinquent assessments,<br />

in which two of the homeowners owe more than $5,000<br />

each. In both instances the owners have tenants who have been in the<br />

houses since it was purchased, but they have never paid assessments.<br />

The other case involves a homeowner who refuses to comply with our<br />

governing documents set in the architectural guidelines.<br />

Homeowners should be aware that the Board will not hesitate to seek<br />

any and all legal remedies available to us to pursue homeowners who<br />

fail to comply with our governing documents or are delinquent in their<br />

assessments.<br />

Neighbor-to-Neighbor Disputes: The Board and Euclid Management<br />

Company are often called on to handle neighbor-to-neighbor disputes.<br />

These disputes sometimes involve bizarre or threatening behavior.<br />

Recent complaints have been so numerous that the Board has<br />

contacted the police department and our in-house legal counsel<br />

for advice on how to handle these issues. Both the police and counsel<br />

agree that the Board and Euclid Management have no police power. If<br />

you encounter any problems with a homeowner that you feel are<br />

threatening, the Board urges you to immediately call 911. In all other<br />

instances call the police non-emergency number, 760 327-1441, to<br />

make a report and/or request an officer to respond. The police have<br />

the ability to investigate and, if necessary, take action to relieve the<br />

apparent threat.<br />

HOA lawsuit against K.Hovnanian for common area construction defects:<br />

The discovery process has concluded, and we have been involved<br />

in mediation with the attorneys for KHOV. Any offers from<br />

KHOV have been rejected since they would not compensate us for<br />

damages. Our counsel has now petitioned the court for a trial date;<br />

however, it is our belief that KHOV will be seeking binding arbitration.<br />

We hope to have more information on the status of the lawsuit at the<br />

January 19th annual meeting.

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