Park Mediterrania - Violations of governing documents and California Law

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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:

Violations.

Part of the intention of this web site is to show that the members of Alex Taylor's Board of Directors have knowingly violated several laws and have abused the power of their positions. To use one of the members of Alex Taylor's Board of Directors favorite words when he is talking about homeowners who are not on Alex Taylor's Board of Directors, ignorance, ignorance of the law is no excuse, especially since I have written several letters pointing out to Alex Taylor's Board of Directors where they are violating laws. Even without my pointing out the error of their ways, Euclid Management and the homeowners association lawyer on retainer should be providing competent professional guidance to Alex Taylor's Board of Directors. Over a year ago when I objected to being overcharged for photocopies of the Governing Documents, I asked that same member of Alex Taylor's Board of Directors, if I could photocopy his copy and he replied that he did not have a copy. Amazing isn't it? You would think a member of Alex Taylor's Board of Directors would have a copy of the Governing Documents, dust off his/her copy and read so they would be knowledgeable and make informed decisions when enforcing alleged violations of the CC&R's. My opinion is Alex Taylor's Board of Directors just doesn't care what laws they are breaking.

VIOLATIONS

Many Park Mediterrania Bylaws and CC&R's overlap with California Civil and Corporations codes.

Links to Park Mediterrania Bylaws and CC & R's can be found at:

http://www.r-a-l-p-h.com/park-mediterrania.htm

California Law consisting of 29 codes can be found at:

http://www.leginfo.ca.gov/calaw.html

The following is a list of violations gathered together and sorted.

For a chronological list of events with more detail go to:

http://www.r-a-l-p-h.com/mismanagement-by-alex-taylors-bod-and-euclid.htm

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].

CC&R's page 18 Article VIII Use Restrictions page 20 "Section 8.08. Animals. ""As used in this declaration, "unreasonable quantities" shall be deemed to limit the total number of all dogs, cats, and birds to two (2) of each species per lot.""

Bylaws Article V page 2 "Section 1. Number. The affairs of the Association shall be managed by a board of six (6) directors who shall be members of the Association or designees of Declarant." (Note: the Declarant subdivided this property). "The number of directors may be increased from time to time but in no event shall there be less than six (6) directors by the amendment of these bylaws or by amendment to the articles." (Twice that I know of after a director left a meeting the 3 that remained behind continued without a quorum.)

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 … "

Bylaws Article VI page 9 "Section 3. Limitations. The board is prohibited from taking any of the following actions except with the vote or written assent of a majority of the voting power of the association residing in members other than the subdivider." (1) Entering into a contract with a third person wherein the third person will furnish goods or services for the common area or the owner's association for a term longer than one year with the following exceptions:"

Bylaws Article VI page 10 "Section 4. Regular Meetings. Regular meetings of the board shall be held monthly at such place within the properties… "

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."

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."

Bylaws Article VI page 10 "Section 9. Executive Session. "The nature of any and all business to be considered in executive session shall first be announced in open session."

Bylaws Article IX page 13 "Section 5. Resignation and Removal. Any officer may resign at any time by giving written notice to the board, the president or the board."

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 …"

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 …"

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