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1097 Santo Antonio Dr. Unit 69, Colton, CA 92324 ralph@r-a-l-p-h.com (909) 514-2759

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Hi, you are at my web page with information on the following subject:

Mismanagement of Park Mediterrania by Alex Taylor's Board of Directors and Euclid Management.

The August 2004 Financial Analysis Statement in the Board's monthly packet showed only partial payments could be made on 3 of the 4 utility bills and for the 2nd month in a row "Operating cash is less than 1 months' budgeted expenses." The previous board and Euclid Management were fiscally irresponsible in the last 2 years spending money like there was no tomorrow.

My Black's Law Dictionary defines some related terms. Malfeasance as the doing of an act, which a person ought not to do at all. Nonfeasance as the omission of a act, which a person ought to do. And Misfeasance as the improper performance of some act which a person may lawfully do.

The following is a chronological list of events and scattered within them are numerous violations of our Governing Documents, Bylaws and CC&R's, and also many violations of California Civil and Corporations codes. A list of these violations are gathered together and sorted at: http://www.r-a-l-p-h.com/violations.htm

9/30/02 Balance sheet showed Park Mediterrania financially sound.

Total operating assets - $153,071.12

Total reserve assets - $256,846.78

Total assets - $409,916.90

But 19 months later, the 4/30/04 balance sheet showed this HOA nearly broke.

The Total reserve assets dropped $249,919.69 down to only $6,927.09.

The Total assets dropped $342,947.18 down to only $66,969.72.

Both Alex Taylor's Board of Directors and Euclid Management failed to explain what happened to our money. Euclid Management has gotten hefty monthly management fees from our HOA therefore shares responsibility for any fiscal mismanagement that has taken place. Both Alex Taylor's Board of Directors and Euclid Management were suppose to exercise due diligence and reasonable care in managing our property.

3 following quotes were from the previous Board of Directors meeting Minutes about

demolition of a small pond and landscaping the area.

3/20/03 "Have Elias Bros. demo the small pond at cost of $6200.00"

5/15/03 "Have Elite Landscape submit a quote for landscaping in the area where the pond was removed."

6/19/03 " … to accept Elite Landscape's quote to do landscape installation to the area where the pond was removed at a cost of $20,460."

So the total cost was $26,660 for demolition of a small pond and then landscaping the area. No where in the Minutes did I see any mention Euclid was directed to obtain bids from 2 or more businesses for demolition of the small pond. Notice the board did not direct Euclid to have landscaping businesses, pleural, submit bids, but only to have Elite Landscape submit a quote. Notice it also did not say Elite was chosen due to it being the low bidder or that it would provide the best service. I have all of the minutes of Alex Taylor's Board of Directors meetings from 1/30/03 to the final one on 8/19/04, but no where in them can I find the board directing Euclid to obtain competitive bids for anything. I wonder how much of our association dues Alex Taylor's Board of Directors and Euclid Management have wasted each year by not soliciting competitive bids.

At the 1st protest meeting put together by homeowners, on 5/20/04, there was a discussion about the recent rain gutter cleaning and repair. That one of the three guys that worked on the gutters lives here in this condo complex and why did we pay that business over $4,000 when the handyman, Adam, could have done it much cheaper. If one pays a handyman $10 per hour for his labor, times one hour per unit, times 142 units that would only be $1,420 for labor. Subtracting this $1,420 labor costs from that over $4,000 leaves and awful lot of money left over to pay for supplies to repair and/or replace any gutters. I was here when those three guys worked on my unit. They did not bother to go up the ladder on the side of the condo to the roof and clean out that gutter. They hammered two new nails on my portion of the gutter on my garage. $4,000 divided by 142 units is $28.17 per unit. More money wasted.

10/9/03 Started to hold Board of Directors meetings at Gonzales Center. That location was a violation of our Bylaws Article VI page 10 "Section 4. Regular Meetings. Regular meetings of the board shall be held monthly at such place within the properties… " (See 7/15/04 entry for details of another violation of same Bylaws section. Meetings were changed from monthly to every other month).

2/10/04 Independent Auditor's Report with that date withheld for 5 months from the homeowners.

Page 3

"… a recent study … indicates that the association is under funded. Accordingly, it may be necessary to raise assessments, pass special assessment(s), or delay repair/replacement obligations in the future."

(In the last 2 years the board spent money like there was no tomorrow then after the board depleted the reserves the Independent Auditor mentioned raising the assessments and the board raised them from $266 to $319).

Page 7

"Disbursements from the replacement fund generally may be made only for designated repair or replacement of major common area components. Disbursements from the operating fund are at the discretion of the Board of Directors and generally are for on-going repairs, maintenance, and administrative functions."

(The replacement fund on the balance sheet are the reserves assets. Reserves are like savings. The operating fund is like a checking account. Alex Taylor's Board of Directors ignored what the Independent Auditor said and transferred money from the replacement fund to the operating fund and then after moving our savings to the checking account spent it for on-going repairs, maintenance, and administrative functions. They were spending money faster then the members were sending in association dues payments).

Page 8

"In accordance with the Association's governing documents, which require that funds be accumulated for future major repairs and replacements, the Association has established certain amounts as reserves for future capital expenditures."

(Alex Taylor's Board of Directors ignored this too. All but about $7,000 of our accumulated reserves have already been spent. Our vendor for the mailboxes recently told Euclid they need to be replaced, but due to the previous board spending money right and left we don't even have $13,000 to replace our vandalized and damaged mailbox stands).

A recent visitor of mine commented about how run down the complex looks to him and he hadn't even seen the tennis court with its cracks as wide as 5 1/2 inches or that the basketball court was missing its backboard. Everybody that asks me how much I am paying wonders why the association dues are so high and thinks there must be a lot of amenities here for $266 per month. How am I going to explain $319 per month association dues? That it went up so there would be money left over each month to replenish the drained reserves account?

If we have a natural disaster, there is no money left in reserves to rebuild the complex. Alex Taylor's Board of Directors two years ago raised the deductible on the insurance to $5,000 then recently doubled it to $10,000. Remember our personal condo insurance only covers the insides of our residences. After a natural disaster, due to there being little money remaining in the reserves for a rainy day, the HOA does not have money in reserves to cover the high $10,000 deductible. Remember the recent fires up in the mountains? A year after the fires most of the homes were still not rebuilt, because of inadequate insurance. After a natural disaster here at Park Mediterrania, most of the homeowners would not have the money to cover the Homeowners Association $10,000 deductible, whatever our own condo insurance does not cover and in addition, continue to make mortgage payments. We need to do an audit to find out what happened to our reserves (our money) and explore legal remedies to recover our money.

2/19/04 Board of Directors meeting Minutes included:

"The operating account has less than 2 months budgeted expenses. It was moved by

Dan Burnett and seconded by Alma Derritt to approve the transfer of $37,772.00

from savings to operating to cover one months expenses. Motion carried."

(Transferring money to pay for on going expenses was mismanagement).

2/29/04 Park Mediterrania Budget Analysis showed finances a mess giving current situation, options and recommendations including raising the dues and spending less money by doing things like closing the pool and spa. That Analysis resulted in lots of concerned homeowners showing up at the next Board of Directors meeting followed a vote for removal (recall) 86 to 7 of the entire board.

4/29/04 Board of Directors meeting -

ALEX TAYLOR ADMITTED THE BOARD HAD MISMANAGED THE MONEY. In the Minutes of the Board of Directors meeting for 6/17/04, the Secretary's Report states approved were the Minutes for this 4/29/04 Board of Directors meeting, but after I asked for a copy of those approved 4/29/04 Minutes from the present Euclid Management representative, James Richmond, he claimed in the notes left by the previous representative, she stated the homeowner input lasted so long the Board of Directors did not hold their regular meeting. I was at this meeting along with a much larger number of homeowners than usual. The meeting was held soon after receiving in the mail the Park Mediterrania Budget Analysis dated 2/29/04 that detailed the financial mess the Homeowners Association was in. I saw the pregnant Euclid Management Representative woman take some notes during the homeowner input and heard one of the home owners complain that she wasn't taking enough notes and heard a director reply she wasn't, because the complaints were repetitious. After I asked for a copy of those Minutes, James Richmond claimed no Minutes were recorded at that meeting, but could not explain how Minutes that were not recorded could later be approved at the following 6/14/04 meeting.

Bylaws Article IX page 13 "Section 8. Duties. The duties of the officers are as follows:" "Secretary. The secretary shall record the votes and keep the minutes of all meetings and proceedings of the board and of the members …" At Alex Taylor's Board of Directors meetings no member of the board took down the minutes of the meetings.

Not surprisingly even though I have heard the Board of Directors badmouthed and Euclid Management badmouthed at the meetings, those member input comments do not get into the 'approved' Minutes of the meetings. Also not surprisingly is there was a meeting on 4/29/04 at which the president of the board, Alex Taylor, admitted the board had mismanaged the money, lots of homeowners complained about the Board of Directors and Euclid Management, I saw the Euclid Management representative take notes, the Minutes of this meeting were approved at a later meeting on 6/17/04, but after my asking for a copy of the Minutes, a Euclid Management representative claiming I can not get a copy of these Minutes, because no Minutes were recorded. No Minutes recorded? Yeah, right. A few dozen people heard the president of the board, Alex Taylor, admit the board had mismanaged the money and now there is no record of the meeting.

4/30/04 Balance sheet showed Park Mediterrania financially nearly broke.

Total operating assets - $60,042.63 (Half of this is delinquencies so its money unavailable to pay bills).

Total reserve assets - $6,927.09 (Reserves are like a savings account).

Total assets - $66,969.72 (Dropped over $340,000 in only 19 months).

5/5/04 Paid Euclid Management $100 for what they refer to as the HOA package. It included the budget packet that they mailed out to all the homeowners dated November 2003 for the year 2004, Balance Sheet for 2/29/04, Articles of Incorporation and Minutes of the meetings from 1/30/03 to 1/8/04. Who knows why they chose not to mail me the latest Minutes. And also the Governing Documents: 1) CC&R's; 2) Bylaws; and 3) Rules and Regulations. California Civil Code Section 1368 (b) states: “Upon written request, an association shall, within 10 days of the mailing or delivery of the request, provide the owner of a separate interest with a copy of the requested items specified in paragraphs (1) to (8), inclusive, of subdivision (a). The association may charge a fee for this service, which shall not exceed the association's reasonable cost to prepare and reproduce the requested items.” [California Civil Code Section 1368 (a) shows paragraph (1) is: A copy of the governing documents of the common interest development]. I made several requests to Euclid Management for a copy of the Governing Documents and each time was told amounts that were not a "reasonable cost to prepare and reproduce the requested items." One of them states: "If you only need the CC&R's send a check in the amount of $25.00." $25.00 for 26 pages is a reasonable cost? Putting some papers to be photocopied in a copier document feeder and pushing the print button then mailing them to a homeowner does not cost Euclid Management a dollar a page. I have two letters from them directing me to make out the check payable to Euclid Management, not the association. So Euclid Management not only gets a hefty management fee from Park Mediterrania, it also overcharges for photocopies and keeps this excessive amount for itself. I converted the Governing Documents to Adobe file formats and posted them on this website for free viewing.

5/20/04 and 6/3/04 were protest meetings held by concerned homeowners. Petition started

requesting a Special Meeting to remove the board of directors from their duties.

5/20/04 Board of Directors meeting was held the day after they posted the notice of the meeting. That late posting of a meeting notice violated California Civil Code section 1363.05 and our own Bylaws. Bylaws Article VI page 10 "Section 5. Special Meetings. Special meetings of the board shall be held …" "The notice shall be sent to all directors and posted in a manner prescribed for notice of regular meetings not less than seventy-two hours prior to the scheduled time of the meeting." At that meeting Alex Taylor's Board of Directors raised the association dues to $319. On the same day and at the same time was a protest meeting held by concerned homeowners. Was the timing a coincidence? I doubt it. After the large turnout of homeowners at the last Board of Directors meeting on 4/29/04, holding their meeting at the same time as the protest meeting meant fewer homeowners were there when the association dues were raised.

6/17/04 Board of Directors meeting - I handed the petition for removal of the board to Alex Taylor.

7/15/04 Board of Directors meeting. Since 10/9/03 every meeting but one has not been within the properties, but at the Gonzales Community Center which was a violation of our Bylaws. A monthly invoice statement from Euclid Management included the comment: "Next Mtg Jul 15th 6:00 PM @ the Gonzalez Community Center," but the board was a no show for this meeting. Eight homeowners drove all the way over there to the Gonzales Community Center, but without informing us the board changed the meetings from monthly to every other month which was a violation of our Bylaws. Bylaws Article VI page 10 "Section 4. Regular Meetings. Regular meetings of the board shall be held monthly at such place within the properties… " At the Gonzales Community Center front desk I asked for and received a copy of the Application for Facility Reservation. The requested dates were shown as: "3rd Thursday of Every Other Month" and reason for use was given as: "Bi-Monthly Association Meetings." The equipment / Services request was for 2 tables and only 12 chairs. Only Twelve Chairs? Sounds like they were expecting (hoping for?) very few homeowners. Most of the homeowners I talked to were convinced Alex Taylor's Board of Directors changed the meetings from the swimming pool area to offsite to discourage homeowners from showing up at the meetings. Rather than just walking to the nearby meetings within the properties, one had to have a vehicle and drive several miles to the meetings. Oh, and leave earlier to allow for the drive and the search for parking as the spaces there fill up early. And even though we were paying for the rent of a room, there weren't enough chairs for the homeowners. So very inconvenient.

8/2/04 I wrote a letter dated 7/3/04 and taped it to all the doors in the complex then enclosed it with a letter dated 7/6/04 to the Park Mediterrania Homeowners Association Attorneys at Law Epsten Grinnell & Howell. They wrote a 4 page letter dated 8/2/04 to the Board of Directors and Euclid Management advising them on my "Request for Association Financial Documents" and "Charges of Mismanagement of Funds." The attorney failed to reply to me. In spite of it is what our Bylaws say to do, the attorney failed to tell the board to make available to me for inspection all of our financial records. Bylaws Article XIII page 16 "Books and Records The membership register, if any, books of account and minutes of meetings of the members, of the board and of committees of the board shall be made available for inspection and copying by any member of the Association …"

8/12/04 Letter written by me giving "Some Reasons for Removal of the Present Board of Directors." I put that letter on the back of the Proxy For Special Meeting of the Members that I also wrote.

8/19/04 Board of Directors meeting Minutes - the last meeting of Alex Taylor's Board of Directors

included: "A motion was made … and seconded … to approve an extension of Euclid Management's managing contract. Motion carried." At the beginning of the meeting the agenda was past around, but this extension was not on the agenda. Alex Taylor added this to the meeting knowing since it was the last meeting of his board prior to their removal at the upcoming Special Meeting of the members on 9/9/04, therefore this was his last opportunity to extend their contract. He also knew the incoming new board was not going to approve of an extension of Euclid's contract. While the committee went door-to-door collecting signatures for the petition and later for the proxies they heard again and again complaints about Euclid Management. This attitude of Alex Taylor over the years, he was going to do whatever he pleases, made our getting signatures on the petition and on the proxies for his removal really easy.

8/19/04 Board of Directors meeting Minutes - Alex Taylor's Final Board of Directors meeting

included: "Midway through the general meeting Alex Taylor announced his resignation from the Board of Directors and left the meeting." In spite of no longer having a quorum the 3 remaining board members continued the meeting. Bylaws Article V page 2 "Section 1. Number. The affairs of the Association shall be managed by a board of six (6) directors … " Bylaws Article VI page 10 "Section 6. Quorum. A majority of their number of directors shall constitute a quorum for the transaction of business at a meeting of the board. Every act or decision done or made by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the board." So it follows that every act or decision done or made by a MINORITY of the directors present at a duly held meeting at which a quorum is NOT present shall be DISREGARDED as the act of the board. When Alex Taylor was leaving the room an owner pointed out that the board no longer had a quorum then Alex Taylor said read Robert's Rules. Yes, Alex Taylor said from time to time the board was following Robert's Rules of Order. On page 114 of Robert's Rules of Order Newly Revised, in brief, authored by Robert's grandson FAQ # 3 states: "Is it true that, once a quorum has been established, it continues to exist no matter how many members leave during the course of the meeting?" The answer is NO. I have the Minutes back to 1/30/03. This was the second time the Minutes showed the board continued a meeting after a Director left leaving no quorum.

1988-2004 Just before resigning in August 2004 Alex Taylor stated that he was on the board for 16 years. Bylaws Article VI page 7 "Section 2. Duties It shall be the duty of the board:" page 9 "(e) To cause the common area to be maintained and to perform such other obligations respecting maintenance as are set forth in the Declaration." Look around the complex. Does it look like the common area has been maintained? Tennis courts with cracks up to 5 1/2 inches wide. Disgusting looking water in the ponds/streams. Broken down fence where the side gate is to Casa Mediterrania Apartments. Landscaping is also a mess. It is obvious his board failed to maintain the common area. Our association dues were already high before they recently were raised again. We had lots of money saved away in reserves that now is almost all gone. The only major expenditure since I moved here 3 years ago has been the asphalt work and it was only slurry on the 1097 side. Where did all that money go to? It did not go to maintain the common area. This place looks run down.

http://www.r-a-l-p-h.com/common-area-not-maintained.htm

9/9/04 Special Meeting of the members - vote for removal (recall) was 86 to 7.

Euclid Management disqualified 6 of the proxies I turned in claiming they were not from owners. Before the election Euclid gave me two lists of the owners. One was the members mailing addresses and the other was titled Voter Listing. The members names on these two lists did not match. Our committee numbered 10. Of those 10 names the lists had 2 mistakes. With 142 condos in our complex and 2 mistakes out of 10 committee owners that rate of mistakes gives a ratio that works out to 28.4 mistakes in those 2 lists. Even a tenth of that number is unacceptable. So of those 6 proxies that Euclid disqualified I am sure some should have been counted. Euclid gets hefty management fees from the HOA. Why is Euclid Management so careless with the owners names on the two lists?

On 10/31/04 in the Press-Enterprise in the homeownership column by Robert Bruss a reader wrote: "You recently advised a condo owner who could not get satisfaction from his homeowner's association board of directors to sell and move on. I highly disagree. We had a similar situation where we live. Our condo board of directors was as corrupt as you can imagine. Finally, several of my neighbors and I decided (instead of selling our condos) to do something about it. We ran as a "team" for the condo board of directors. The incumbents were shocked. We contacted every condo owner, even the absentee owners. The result was we threw out the incumbent directors and won by 69 percent to 31 percent for the opposition. Then we shockingly discovered the reserves were less than $500 per unit."

They were shocked to discover their reserves were less than $500 per unit? Our balance sheet for 9/30/02 showed Total reserve assets at $256,846.78 then 19 months later our balance sheet for 4/30/04 showed the Total reserve assets dropped $249,919.69 down to only $6,927.09. That $6,927.09 divided by 142, the number of units here, is only $48.78 per unit. Their shocking reserves less than $500 per unit was about 10 times as much as we had.

9/23/04 The new board's first Board of Directors meeting.

The following information is from the Board Packet for that meeting.

Financial Analysis statement was on pages 4 and 5.

Page 4: "The last reserve study was completed in March 1999 with a required reserve balance of $391,849.23 at December 31, 1999."

This 1999 reserve study indicated the replacement fund was approximately 47% ideally funded back then, but since then our reserve assets have dropped a few hundred thousand dollars. Actually the last reserve study was completed in August 2003 not March 1999 and its "recommended fund balance" had shot up to $619,289. So due to the mismanagement of Alex Taylor's Board of Directors and Euclid Management, Park Mediterrania is now approximately 1%, not 47%, ideally funded.

Page 4: "… and reserve assets of $6,933.23."

Page 4: "Delinquencies is $26,347.12" The Delinquency Report listed 23 homeowners who are late paying association dues. The highest balances are: $5,977.00, $4,541.16, $3,805.47, $2,080.00, $1,611.21, $1,309.00, $1,242.44 and $1,157.83. Note one owner owes us almost $6,000. The average of the three highest is $4,774. The new board has wondered what is Epsten Grinnell & Howell, Attorneys at Law doing for their hefty legal fees?

Page 5: "Board action required: 1) Operating cash is less than 1 months budgeted expenses." Operating cash is less than 1 months budgeted expenses? As I noted earlier on 2/19/04 the Board of Directors meeting Minutes included: "The operating account has less than 2 months budgeted expenses." And the board transferred $37,772.00 from savings to operating to cover one months expenses. Page 4 shows reserve assets only $6,933.23." Thanks to the previous board's reckless spending we do not have that large amount left to transfer.

In the September Board packet on pages 6 and 7 is the Balance Sheet for 7/31/04 with a heading titled Total Reserves Required giving the number $194,702.73. The Balance Sheet for 9/30/02 gives the Total Reserves Required as $561,443.73. A difference of $366,741. Above near top of page I quoted the 2/10/04 Independent Auditor's Report that states: "Disbursements from the replacement fund generally may be made only for designated repair or replacement of major common area components." The only major expenditure since I moved here 3 years ago has been the asphalt work. The huge difference does not reflect the cost of the asphalt work. Apparently the previous board fiddled with the amounts given for the items listed under the Association Reserves Required until the so-called Balance Sheet balanced.

In the September Board packet page 13 was the Cash Flow statement:

The last line was: "Transfer for Month of July $47,665.26" Is this still another transfer the previous board did? How many times did the previous board transfer money from savings to operating to cover month-to-month expenses?

In the September Board packet were 9 financial statements all dated July 2004. At the executive session I brought to the attention of Euclid Management's representative that it is rather difficult for the board to make informed decisions with financial statements from a month ending 7 weeks prior to the board meeting. This old data is month before last information while the board needs last months information. I requested that Euclid give us financial statements for the previous month. He stated Euclid has to wait for the bank statements to be mailed out before it does the financial statements. With my own personal checking account not only do I have my current account balance in my check book, with my computer I can go on-line and view my current account balance and other checking account information. So I don't see any reason why Euclid Management can't provide timely financial statements. To me Euclid Management giving financial statements 7 weeks old, not current, to the Board of Directors, is unacceptable.

In the September Board packet were the previous Board of Directors meeting Minutes for 8/19/04. In the Minutes the board directed Euclid to contact the landscaping company about deteriorating lawn, removing some plants and more watering needed. In the September Board packet was a bid/proposal letter dated 8/30/04 from Elite Lawn & Landscape addressed to James Richmond, the Euclid representative, with subject "Landscape Installation @ Park Mediterrania" that begins with: "As per our recent discussion and job walk, there are several landscape items that need to be addressed. All plant material installed will be consistent with existing shrubbery. The scope of work and costs are as follows" and goes on to list items. Written on the letter is the note "OK on items #1 to #7" with a signature, Jeffrey Scott, and title (Act) President. Acting President? The Minutes for 8/19/04 list him as the Secretary and Dan Burnett as the Vice President. When Alex Taylor resigned Dan Burnett became the Acting President. Written on the letter is a { mark in front of items #1 to #7 and the total 1648.00 is given which matches my addition of those items. As you can see in the Minutes for 8/19/04 the board directed Euclid to contact the landscaping company about things that did not include installation of plants. No motion was made, seconded and carried at any Board of Directors meeting to approve of spending $1,648 of Park Mediterrania HOA money on the installation of plants.

There is no evidence the Board of Directors delegated Jeffrey Scott the authority to sign off on a bid/proposal costing us $1,648. So Jeffrey Scott had no authority to OK the bid/proposal. Would his calling himself the Acting President be falsification of Records? Would this use of funds, assets, or property not authorized by the Board of Directors be a Misapplication of Funds? Would this misuse of HOA property be misconduct of a Board of Director?

Prior to the meeting Euclid had given the board lots of checks to sign. Some of those checks were to pay for things that were not in Minutes of any Board of Directors meeting so they were not approved expenditures of our HOA money. For example at the pond in the very back on the 1097 side two trees were removed that were next to the pond. So much of the roots of one were under the pond, a portion of the side of the pond had to be broken to remove the root system. Also not approved was the drastic trimming of that shade tree at the end of the driveway near 1097 Unit 70. Supposedly some tree branches were so long they reached out and touched the condo building. Rather than paying the handyman a little money and just having him trim those few offensive branches on that side, someone decided to pay a lot and have a tree service trim all the braches. The balance sheet for 4/30/04 shows us financially nearly broke then someone spends money like a drunken gambler on a losing streak. This shade tree was butchered so bad it will be several years before it will look again like a beautiful shade tree. Voltaire was quoted as saying 'common sense is not that common.'

10/21/04 The new board's second Board of Directors meeting. Alex Taylor's Board of Directors and Euclid Management mismanagement of the money was so bad the August Financial Analysis Statement in the Board's monthly packet showed only partial payments could be made on 3 of the 4 utility bills and for the second month in a row "Operating cash is less than 1 months' budgeted expenses."

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