An election has been announced at Berkley Court. Many owners have asked, what is going on?
Bottom line: we want you to come to the election and vote for us as directors. All owners will be allowed to vote. All positions of director are up for election.
If you cannot attend the election, please give us your proxy. You can bring or email the proxy to us, or we will come to pick it up. If you’ve already sent in the form, we can provide you a new one to update your instructions.
Background: we submitted our Resolution, but the former directors are refusing to turn over the association’s assets.
Most of you know that we have submitted signatures from more than 3/4ths of owners, voting to remove and replace the former directors (i.e., Rita Flores, Ceceilia Carrizales, Lisa Hernandez, and Urban Grass) . The way we did it is through a clause in our Declaration that states that is 2/3 of the members agree on any action in writing, that action can be done without a meeting having to be held. Nearly two months ago, on October 18, 2021, the old directors were told of our action, and given copies of our resolution. As of that date, they became former directors.
Thank you to those who signed. Thank you to those who gathered signatures.
The former directors are refusing to leave. When asked why they have not left, they gave no meaningful response. Basically, they don’t want to.
In a condo association, its Declaration is the document that outlines all the authority and obligations that the association and its members have. The association’s leadership has a duty to act in good faith on behalf of all home owners, and to uphold the Declaration.
The directors have ignored the provision of our declaration that gives us power as owners.
This continues a pattern where Rita Flores, Ceceilia Carrizales, Lisa Hernandez, and (new addition) Urban Grass have ignored what owners want. We had poor leadership in the last 5+ years at Berkley Court with those directors – neglecting the core duties for which they were responsible, and refusing any accountability for the same.
What is happening now?
As most of you know, the former directors were sued to enforce our Resolution. What we wanted was for them to do what the Declaration requires, to turn over the assets of the association to the new set of directors who have been appointed by the majority of the home owner community. To respect the owners’ choice of new directors to run the association.
In our last hearing in Court, the former directors REFUSED to appear.
Instead of coming to Court, the former directors are now calling an election unilaterally, less than 3 months after they already held a bad election on September 28, at the association’s expense. At that election, many of us were not allowed to vote and the outcome was decided before the election was held. That was wrong.
We still expect to win in Court, but that could take more time while the old directors fight, and drag this on and waste our money through more shenanigans.
What the former directors are doing is not fair, but it does give us a chance to end this fast. By winning the election, we can have the former directors indisputably gone before Christmas.
Fellow neighbors, it is your decision as to how you would like your association run. If you don’t want the former directors and their bad behavior to continue, and you can’t make it in person to lodge your concerns, we encourage you to name Betsy Cherian as your proxy for the December 14, 2021 meeting.
Additionally, if you haven’t signed the resolution to bar our home owner funds from being used for the personal defense of the home owners who used to be directors, please do so. Please reply to this email or call us if you have any questions, or need any help.
With your help, we are committed to improving our lives at Berkley Court.
Thanks for your time and consideration.
Betsy Cherian,
On behalf of the Association’s current Directors