place this on the agenda for the july meeting for it merits a discussion by the board representing the association to send to legal advice for guidance.
mark shapiro
you have ten days to notify me of placement of this item, by a homeowner, on the agenda.
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Flag this messageRE: ON AGENDA FOR JULY MEETING..2001Wednesday, June 22, 2011 4:09 PMFrom: "Jessica Pena"
Jessica Peña
Community Manager
MERIT Property Management, Inc.
1 Polaris Way, Suite 100
Aliso Viejo, CA 92656
949-448-6246
949-448-6547 (Fax)
jpena@meritpm.com
_______________________________________________________________________
From: Jessica Pena
Subject: FW: SOUTH POOL CLOSURE
To: "TheWizard"
Cc: "David Rainer"
Date: Wednesday, June 22, 2011, 5:15 PM
Hello Mr. Shapiro,
I will have the minutes for you tomorrow by the end of the day.
Jessica Peña
Community Manager
MERIT Property Management, Inc.
1 Polaris Way, Suite 100
Aliso Viejo, CA 92656
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From: TheWizard
Subject: Re: FW: SOUTH POOL CLOSURE
To: "Jessica Pena"
Date: Wednesday, June 22, 2011, 5:28 PM
Ms. Pena
per law, I request the following added to the minutes of thereof
MARK SHAPIRO was asked to stop videoing the meeting by president teria horner upon recommendation of meritpm community representive david rainer.
There was a first and second taken on a motion to adjourn the meeting (2:38 minutes into it) for Mr. Shapiro refused to stop videotaping the meeting and asked throughut for the Board or meritpm to tell mr. shapiro why he couldnt video tape the meeting.
No vote taken
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Flag this messageFw: ADD TO BOARD PACKET..VIDEO ON VIDEO TAPING A MEETINGThursday, June 23, 2011 8:08 AMFrom: "TheWizard"
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Are individuals liable when homeowner association is sued?
August 15, 2010
By Stephen Glassman and Donie Vanitzian
Question: I am a condominium owner. Our homeowners association is being sued by a former gardener who claims her firing was an act of sex discrimination. What are the ramifications of this lawsuit for me? Will an insurance policy cover me for any financial loss? I also suspect there may be a political battle going on involving the present board, a former board member and the property management company regarding this problem. Who is liable for damages?
Answer: Sex discrimination is a serious charge if it can be proved in court or by some sort of settlement agreement between the affected parties. Generally, liability does not attach to individual owners in a common interest development, but there is always a risk that it might.
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Titleholders owning residential deed-restricted units or "single detached dwellings" located in a common interest development, more often than not, also own a fractional interest in the common property owned by the association. Part of this type of ownership means titleholders share in all the liability, including that which may be in excess of any insurance coverage.
The purchase of a home in an association includes the potential liability for damages whether or not they are covered by the association's insurance policy. Contrary to popular belief, insurance coverage does not pay for "everything." However, Civil Code section 1365.9 provides that individual homeowners are not liable for tort damages when they are sued solely because they are tenants-in-common, or have common ownership in, the association property, provided that the association carries the minimum insurance coverage specified in that code section.
Depending on your association's insurance coverage, both the costs of defending the lawsuit and any judgment for liability would be paid but even that can get sticky, with board directors seeking their own coverage and representation in addition to the association policies. Although there is no legal authority for titleholders having to pay such additional costs, in some associations members have been assessed costs related to coverage for individual directors outside the normal insurance protections.
Board members may be defended under the association's insurance coverage, but if their acts were beyond the scope of their authority, those board members may ultimately have to repay the insurer and pay any damages themselves.
Nothing prevents a plaintiff from naming individual owners in the lawsuit as defendants, although doing so could result in the plaintiff having to pay defendants' attorneys fees and costs. Any individual owners who are named as defendants will be responsible for their own attorney fees, probably not reimbursed by the association, unless the association votes to pay for the defense of these individuals.
If the association is found liable and is ordered to pay damages and must assess all owners to meet those payments, a titleholder with "excess assessment" or "loss assessment" insurance coverage may have those payments paid by his individual insurance policy. It is the insurer who decides what is and is not covered.
Send questions to P.O. Box 10490, Marina del Rey, CA 90295 or e-mail noexit@mindspring.com.
--- On Thu, 6/23/11, TheWizard
From: TheWizard
Subject: ADD TO BOARD PACKET..VIDEO ON VIDEO TAPING A MEETING
To: jpena@meritpm.com, "david rainer"
Date: Thursday, June 23, 2011, 7:50 AM
http://www.youtube.com/watch?v=QlZst63GPNw
ADD TO MONTHLY REPORT
LOOKS LIKE ANOTHER BOARD DOESNT LIKE VIDEO TAPING OR ANY RECORDING...
--- On Thu, 6/23/11, TheWizard
From: TheWizard
Subject: DON TRUITT
To: jpena@meritpm.com, "david rainer"
Date: Thursday, June 23, 2011, 7:39 AM
BOARD OF DIRECTORS
DON TRUITT HAS MISSED ENOUGH MEETINGS TO BE DISMISSED FROM THE BOARD.
THERE IS A WRITTEN POLICY THAT STATES IF A BOARD MEMBER MISSES A CERTAIN AMOUNT OF MEETINGS, HE IS DISMISSED..\
I believe it is three.
Mr. Truitt has been a no show for more than that and this association needs someone who is interested.
mark shapiro
homeowner lot 174
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Fw: ADD TO BOARD PACKET..VIDEO ON VIDEO TAPING A MEETINGThursday, June 23, 2011 8:17 AMFrom: "TheWizard"
BOARD MEMBERS HELD LIABLE FOR THEIR ACTIONS AND LIABILITY
Board members may be defended under the association's insurance coverage, but if their acts were beyond the scope of their authority, those board members may ultimately have to repay the insurer and pay any damages themselves.
Nothing prevents a plaintiff from naming individual owners in the lawsuit as defendants, although doing so could result in the plaintiff having to pay defendants' attorneys fees and costs. Any individual owners who are named as defendants will be responsible for their own attorney fees, probably not reimbursed by the association, unless the association votes to pay for the defense of these individuals.
If the association is found liable and is ordered to pay damages and must assess all owners to meet those payments, a titleholder with "excess assessment" or "loss assessment" insurance coverage may have those payments paid by his individual insurance policy. It is the insurer who decides what is and is not covered.
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place on JUly agenda...2011Thursday, June 23, 2011 9:27 AMFrom: "TheWizard"
place on July 2011 agenda
1. THAT all OPEN MEETINGS be videotaped by the ASSOCIATION for viewing by request by MEMBERSHIP at a LOCATION designated by the ASSOCIATION
THAT THIS CHANGE TO THE CCRS be voted upon and approved by 75 percent of the ASSOCIATION, per amendment rules of the current CCRS (as of June 23, 2011)
THIS ITEM NEEDS BOARD APPROVAL AND DUE PROCESS for the minutes for the ASSOCIATION
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