Monday, January 31, 2011

Pins and Needles

Oh my God I can barely contain myself with waiting for news from the monthly Association Board meeting.  We tried to go to the meeting - advertised on the Association website as last Monday.  It turns out that the meetings are really on Wednesday so they got me on that. 

I couldn't make Wednesday but I'm sure my letter was mentioned, and the blog, and, hopefully, the Reader article but probably not the letter from some asshole at Village Woods who didn't get it and threatened financial ruin if I can get the lawyers to make it stick...

Nonetheless, I want to find out what stupid things came out of the meeting so I can smash the ball back over the net.  Really need to get more people in on the Party (which is a political party, people; not a noisy thing that you all hate). 

Come on!

Wednesday, January 26, 2011

Reader Letters 1-27-11

Cheapskate Caught
I am very disappointed that the Reader saw fit to reward a member of Village Woods for admitting that he doesn’t pay dues and that he wants to be noisy (“I Live in Linda Vista,” Feature Story, January 20). We are a small, low-income condo. We live very closely in small units and need to enforce quiet. As well, we are struggling to pay our bills, with many members who do not pay dues and are foreclosing. It’s good that you flushed out one source of his income, which we will go after, but it’s questionable whether you should be rewarding people for admitting they break rules and cause havoc in our community.

As well, I would like to make a correction to Walter Mencken’s column in which he intimated that Sunrise Powerlink is a green energy project (“SD on the QT,” January 20). It is a greenwash project that will increase fossil fuels and global warming by shipping liquefied natural gas from Indonesia across the ocean in fossil-fuel-emitting vessels, which are unregulated, bypassing our ports and jobs to a Mexican port, and bypassing our clean air laws to produce the power in Mexico. As well, it will greatly increase our fire danger. Many, many people came down to the board of supervisors meeting against the Sunrise Powerlink and filled the room to overflowing when it was heard. What we want as an alternative is a solar roof project by SDG&E to outfit all of our homes with solar roofs. We are willing to pay monthly for that but not for increased fire danger and increased global warming, which will eventually destroy our food and water supply.
Name Withheld by Request
via email

Kevin Six replys:
Satire.  Look it up: http://dictionary.reference.com/browse/satire

Also, I am paid up on my dues and I want solar too.  But thanks for threatening me. 
Too bad you don't under stand the above word. Don't want to break rules or make noise.  Just want to have fun, within the rules.  I also want to read everything before I make comment. 

Oh, and Walter Menken is a satirist.  Look it up: http://dictionary.reference.com/browse/satirist

Bulletin Board = Public Forum

From a First Amendment law firm:

Although the California Supreme Court found that California's free speech right applies to speech in a privately owned shopping mall because the mall is the modern-day equivalent of the traditional town square, Robins v. Pruneyard Shopping Center, 23 Cal. 3d 899 (1979), subsequent cases have narrowed Robins' reach.  In 2001, the California Supreme Court said that a tenants' association did not have the right to distribute unsolicited flyers throughout a privately owned apartment complex.  Golden Gateway Ctr. v. Golden Gateway Tenants Ass'n, 26 Cal. 4th 1013, 1035 (2001).  But even in that case, the court "emphasize[d] that [its] decision ... does not give apartment owners carte blanche to stifle tenant speech.  Tenants may still have remedies under conventional property law principles. (See Lobsenz & Swanson, The Residential Tenant's Right to Freedom of Political Expression (1986) 10 U. Puget Sound L.Rev. 1, 45.)  Moreover, many statutes and ordinances serve to protect tenants against unreasonable lease provisions and restrictions. (See, e.g., Civ. Code, § 1942.5, 1942.6, 1953.)."  Id. at 1035.  In addition, even under a free speech analysis, there might be an argument to be made that a tenant bulletin board is a kind of limited public forum -- especially to the extent the bulletin board is located in a freely accessible location -- and that the Board may not restrict postings based on the viewpoint of the poster.

Wednesday, January 19, 2011

RE: First Amendment Coalition's Legal Hotline

Dear Mr. Six:
Holme Roberts & Owen LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.
A good place to start might be any rules promulgated by the Condo Association Board with respect to the bulletin board.  Conceivably, there are rules either allowing residents to post signs related to the election of board members or that purport to give the board complete discretion about what may be posted.
If there are no relevant rules (or if the board claims full discretion as to postings), a more complicated analysis is required.  Although the California Supreme Court found that California's free speech right applies to speech in a privately owned shopping mall because the mall is the modern-day equivalent of the traditional town square, Robins v. Pruneyard Shopping Center, 23 Cal. 3d 899 (1979), subsequent cases have narrowed Robins' reach.  In 2001, the California Supreme Court said that a tenants' association did not have the right to distribute unsolicited flyers throughout a privately owned apartment complex.  Golden Gateway Ctr. v. Golden Gateway Tenants Ass'n, 26 Cal. 4th 1013, 1035 (2001).  But even in that case, the court "emphasize[d] that [its] decision ... does not give apartment owners carte blanche to stifle tenant speech.  Tenants may still have remedies under conventional property law principles. (See Lobsenz & Swanson, The Residential Tenant's Right to Freedom of Political Expression (1986) 10 U. Puget Sound L.Rev. 1, 45.)  Moreover, many statutes and ordinances serve to protect tenants against unreasonable lease provisions and restrictions. (See, e.g., Civ. Code, § 1942.5, 1942.6, 1953.)."  Id. at 1035.  In addition, even under a free speech analysis, there might be an argument to be made that a tenant bulletin board is a kind of limited public forum -- especially to the extent the bulletin board is located in a freely accessible location -- and that the Board may not restrict postings based on the viewpoint of the poster.
I hope this information is useful.  Good luck!
Sincerely,
Katherine Keating
Katherine Keating
Holme Roberts & Owen LLP

Monday, January 17, 2011

Board Meeting

Board Meetings are either on the fourth Wednesday or the fourth Monday.  I cannot make either one of these options.  Is there anyone who would attend and take notes or, better yet, videotape?  Let me know!
Kevin

Friday, January 14, 2011

A note to the person who left a note for me on the South Laundry bulletin board:

To my friendly neighbor,

Thank you for the kind note.  I have been thinking of you and the note since I read it last week and am finally responding.  Please forgive my tardiness.

I too think parties shouldn’t be loud.  I love the sound of children in a pool and hope that the people who live close love it too, though.

A pool party sounds like a great idea!  If we all come, we could each invite four non-association members and there could be a great turn out.  I would really like to meet my neighbors face to face instead of through the Internet, letters and even note like this.

As for the board meetings: I am confused.  Sometimes they are advertised as the fourth Wednesday and elsewhere the fourth Monday.  The worst part of that is that I have responsibilities for those evenings into late February.  I am looking for a friend to attend the next meeting and tell me what goes on – I imagine it’s quite a lot more than what is printed in the minutes.

In order to bring more discussion to the community I placed a few sheets of lined paper and a pen on the bulletin board at the mail boxes but it seems that I have a critic.  I also have an online forum for people to read, comment and – soon – write about goings on and issues important to Village Woods.  Please feel free to visit at http://vwfunparty.blogspot.com.

My “Political Party” is an attempt to bring openness, discourse and fun back to what I think is the far too sterile process of community management.  I want the Village Woods Association to be a leader in a new, democratic, fun and property-value-increasing movement.
It has been a pleasure corresponding with you.  Please feel free to e-mail me through the website above or to continue posting these great old-fashioned letters.

Most sincerely,

Kevin Six

Thursday, January 13, 2011

First Amendment Issues!

Before.
So, last month I spoke with the Association's manager and he said that the Association President was the one who took down some posters I placed on the bulletin boards.  I had already put them up again when he told me their concern.

They thought that Association Members would confuse my flyers with those of the board.  I am awaiting a written response to why they didn't like my flyers - mainly because I can't wait to see how the letter is phrased.

So I put up some new flyers that stated that I was not affiliated with the Association or the Board.  Then someone kept taking the pins out of the top of the flyer so it flopped over on itself.  Finally it was removed entirely.

I also printed the First Amendment to the US Constitution, which has been torn down twice.  Then I put up a letter, which was torn down.  Now that I'm out of the kinder, friendlier flyers, I'm back to the incendiary ones and a much more pointed letter, which states: Do you realize that you have torn down the US constitution? Twice?

I also placed some lined paper and a pen so we can see who thinks what.  I will of course keep you all posted. And, as you can see, it's been torn down.  It seems Free Speech is free everywhere in America except Village Woods.

PS - love the other flyer!  It's not mine but right down the alley where my humor hangs out.  As you can see, it was torn down too.  Will keep you all posted, just not on the bulletin board.

Kevin




Wednesday, January 12, 2011

To the person who keeps taking down my flyers

Dear Friend,

I call you friend because I believe that we are not all that different.  If an alien came down to earth (or even from another country) he/she would have a hard time distinguishing between you and me.  We both look a lot alike, we both sound and smell alike; the big difference is in how we think.

I think that people should love one another and have fun doing it.  I think that people are basically good and that, left to their own devices, would choose to do good.  I also think that it makes sense for everyone to get along and be happy regardless of what they believe; and that we are guaranteed certain rights simply by being members of the Human Race and the United States of America.

The country in which we have chosen to be neighbors allows us both to say what we think and feel.  I have spoken in words and you have spoken in actions.  Please consider using your words.  I am easy to find and I look forward to speaking with you.

Sincerely,

Kevin Six

Saturday, January 1, 2011

An Open Letter to my Association Manager

To: Jim Fraker
Community Manager
Village Woods Owners' Association, Inc.
c/o Professional Community Management

Dear Jim,

Thanks for taking the time out to speak with me last weak.  I have decided to write you with my concerns about Village Woods, The Village Woods Owners' Association, Inc. its board of directors, bylaws, rules and the management company. 

Where to start?
First, Jim, I do want you to send me a letter about the posters and flyers I've been putting up and that have been taken down repeatedly.  I think a written record of what we discussed will protect all parties.  You may mail or e-mail that letter to me at your earliest convenience.

Bylaws
I believe that it is no longer legal for member organizations to use proxies for voting on anything.  I will let you know what my lawyer friend says about that but I think that this will have to change significantly.  I also believe that the board must have five members in order to function properly.  This means that is hasn't been functioning properly since the number went from five to three and that it might not even be able to appoint members.

The number of management companies, managers and accounting firms employed by the association
Jim, you should look into this as I think the number is staggering.  If it does not point to mismanagement it at least raises the question of such.  My question: Why have there been five or more management companies managing Village Woods.  It looks to me like the board keeps changing management companies when one of two things happen: 1) the management company wants to do something that the board doesn't; or 2) the management company uncovers something.

The Board
I volunteer to be appointed to the board of directors.  That is, once it is determined that the current board may act in this manner.

Glass at The Pool
The Association rules are specific about glass being prohibited in the pool area but I couldn't help but notice that the tables in the pool area are made of glass.  This, I believe represents an area of great concern for me and should represent quite a liability for the association and its board.  After looking at the rules for levying fines, it would be absurd to think what the association should have to fine itself for breaking this rule for the eight years I've been here, let alone how long the actual glass tables have been there.  And once you add penalties and interest... well...

Penalties and Interest
I noted with much regret, while reading the minutes, that the board has refused to negotiate with people who are in arrears with their dues; specifically in the area of lowering or forgiving penalties and interest.  I have the dubious distinction of having represented myself and an organization I managed with its debt to the IRS and must say that they are willing to forgive most penalties and all interest levied on tax debt.  If the IRS can do It, I believe that the Association can do it -- especially after what you told me about the odds of collecting bad debt such as this.

The Clubhouse
I would like to know why, if we own the common property collectively, we should be charged to use the clubhouse.  Also, why do we need to pay a deposit and why do we have to go all the way to Carlsbad to pick up and return keys to the clubhouse.  I think these rules are designed to keep the clubhouse off limits to association members.  I also would like to know if the board has complied with these rules as they have their meetings there.  Is there indeed a $150 check on deposit and has the board indeed been paying $50 for each meeting its had there in my memory and, if not why not?  And of there are exceptions.

Here's a radical idea.  Take the lock and all restrictions off the clubhouse. 

Environmental Responsibility
I applaud the board's responsibility in placing recycling bins at all dumpster locations.  I also think that there could be so much more done with regards to LEED, Green and Environmentally friendly management techniques including grey water, solar energy and many, many more energy (and money) saving solutions.

The Village Woods Fun Party
Jim, if you are near my age, you remember the days when the Village Woods was not a condo conversion but an apartment complex.  And, if my memory serves me, complexes designed like Village Woods were of the "Swinging Single" variety.  The clubhouse was always a gathering place; everyone hung out at the pool; people were more neighborly.  There were a lot of things wrong with this era: exclusion, noise, dangerous behavior, etc.  But, dang it Jim, I want there to be monthly parties out by the pool and in the clubhouse.  I want to meet my neighbors over burned meat and with music playing -- like it's been done in California since... well since the Village Woods apartments were first built.

My thing with the Village Woods Fun Party (not affiliated with the Village Woods Owners' Association, Inc.) is that we are a community of owners and we need to act like one.  Holiday Light contests, awards for the best gardens, pool parties and a clubhouse that all members of the club that is The Village Woods Owners' Association may use.

The Rest of It
As you know, Jim, I think that people are scared of the Association and its board.  But after we spoke, I think the board has much more reason to fear the members than the other way around.  BUT, Jim, I advocate for the end of fear and the beginning of a relationship between the association, its board and management company that makes Village Woods not only the best place in the world to live but a model for how other associations can be run.

Not an association or a board or a management company or even 16-odd individuals but a movement. 

I look forward to your response!

Sincerely,


Kevin Six