" Dear Mr. Shapiro
FOLLOW SHAPIRO AND PENA FROM BOTTOM UP..SCROLL DOWN AND READ UP
Procedural due process applies not just to legal actions of the government, but to administrative functions as well. Anytime you interact with the government, the officials must follow written and fair procedures.
FIFTH AMENDMENT, CONSTITUTION
History of the Due Process Clause
The basic idea known as due process as represented in the Due Process Clause finds its roots in the English document Magna Carta of 1215. This document first codified that the monarch must obey written laws or be punished by his subjects. Article 39 of Magna Carta says:
The pool is closed due to the ducks and will be closed until either the ducks leave or when there is a way to keep them out and from coming back to the pool.
As for your request for the Minutes that show the Boards decision to have the pool closed again, I will have it for you on Wednesday, June 22, 2011 as the Board will be ratifying their decision at tomorrow nights meeting. I will send you a draft copy of the minutes.
I encourage you to attend the meeting tomorrow night at 6 PM at the South Clubhouse as there will be some recommendations to resolve the duck matter being presented.
Regards,
Jessica Peña
Community Manager
MERIT Property Management, Inc.
1 Polaris Way, Suite 100
Aliso Viejo, CA 92656
jpena@meritpm
From: TheWizard [mailto:wizofbeach@
Sent: Thursday, June 16, 2011 6:11 PM
To: Jessica Pena
Subject: Fw: SOUTH POOL CLOSURE
_____________________________________________________________________________
--- On Thu, 6/16/11, TheWizard
From: TheWizard
Subject: SOUTH POOL CLOSURE
To: "david rainer"
From: TheWizard
Subject: Fw: SOUTH POOL IS LOCKED
To: "david rainer"
Date: Thursday, June 16, 2011, 5:44 PM
Mr. Rainer
You are obligated, as a representive of MERITPM to guide Boards in running their Associations.
Your salary is from those very homeowners who are entrusting you.
Closing down the pool for two baby chicks and then not informing the homeowners as shown.
Instead it is a obvious coverup for the reason for shutting down the 330 homeowners who OWN the pool.
Last year in court,,the judge clearly stated to this same board that there are many remedies to keep the ducks from coming back and the biggest was having human beings using their pool.
By locking out 330 homeowners who own the pool and then have Meritpm support a Board that is not acting within the CCRs and not for the homeowners..but DUCKS.
This years Judge will be interested in the facts and not emotionalism
Previous message
Go to Next message
Back to MessagesMark as Unread
ReplyReply AllMove...Inbox Flag this messageFw: SOUTH POOL IS LOCKEDThursday, June 16, 2011 6:03 PMFrom: "TheWizard"
Download All023.JPG021.JPG024.JPG036.JPG
--- On Thu, 6/16/11, TheWizard
From: TheWizard
Subject: Fw: SOUTH POOL IS LOCKED
To: "david rainer"
Date: Thursday, June 16, 2011, 6:00 PM
Mr. Rainer
I am requesting, per is my right, to view the minutes of a Board meeting and the vote and discussion thereof wheras the south pool is DEEMED CLOSED and the reasons.
I have read all the minutes posted and NO MENTION OF CLOSING THE SOUTH POOL or THE REASONS FOR IT BEING CLOSED.
Per Law, you have ten working days to respond or the courts will ORDER you.
--- On Thu, 6/16/11, TheWizard
From: TheWizard
Subject: Fw: SOUTH POOL IS LOCKED
To: "david rainer"
Date: Thursday, June 16, 2011, 5:44 PM
Mr. Rainer
You are obligated, as a representive of MERITPM to guide Boards in running their Associations.
Your salary is from those very homeowners who are entrusting you.
Closing down the pool for two baby chicks and then not informing the homeowners as shown.
Instead it is a obvious coverup for the reason for shutting down the 330 homeowners who OWN the pool.
Last year in court,,the judge clearly stated to this same board that there are many remedies to keep the ducks from coming back and the biggest was having human beings using their pool.
By locking out 330 homeowners who own the pool and then have Meritpm support a Board that is not acting within the CCRs and not for the homeowners..but DUCKS.
This years Judge will be interested in the facts and not emotionalism
--- On Thu, 6/16/11, TheWizard
From: TheWizard
Subject: Fw: SOUTH POOL IS LOCKED
To: "david rainer"
Date: Thursday, June 16, 2011, 5:28 PM
A SIGN SHOULD BE POSTED STATING
THE BOARD, IN ITS INFINITE WISDOM, CLOSED THE SOUTH POOL, JUST RENOVATED A FEW YEARS AGO WITH RAISE IN DUES FOR $400,000,,FOR TWO MALLARDS AND THEIR TWO BABY CHICKS for the summer.
After the mallards leave, since any human presence will make the ducks go over the wall to the wetlands WHERE THEY LIVE.;
However, the majority (or all) seven members of the SURSIDE HOA,, obligated to uphold the CCRS and rules and regulations are defying those very obligations the 330 homeowners entrusted them with.
To shut down the pool during the summer or anytime in lieu of ducks shows this.
The management company with David Rainer and Jessica Mena have not shown this Board HOW TO GET THE DUCKS FROM NOT COMING BACK.
This same Board allowed this to happen last year resulting in the DEPARTMENT OF HEALTH shutting down the pool due to duck feces in the pool and on the deck WHICH IS FATAL TO HUMANS.
This situation has been detailed for close to three years and despite the Boards emotional decision, it is not IN THE HOMEOWNERS BEST INTEREST.
--- On Thu, 6/16/11, TheWizard
From: TheWizard
Subject: Fw: SOUTH POOL IS LOCKED
To: jpena@meritpm.com
Date: Thursday, June 16, 2011, 2:30 PM
Ms Pena
Still no word from you on WHY I CANNOT USE THE SOUTH pool.
THERE IS NO SIGN posted for the closure since the fob doesnt work now.
THERE HAS BEEN NO NOTICE GIVEN TO HOMEOWNERS who OWN the pool.
Being a owner, I will be using the south pool for the summer and will not when told why i cannot.
Mark Shapiro
Homeowner
--- On Mon, 6/13/11, TheWizard
From: TheWizard
Subject: Fw: SOUTH POOL IS LOCKED
To: Jpena@meritpm.com
Date: Monday, June 13, 2011, 8:23 PM
ARE YOU ON VACATION??????
HAVENT HEARD FROM YOU ON MY QUESTION ON WHY THE POOL IS LOCKED WITH NO SIGN STATING WHY...
--- On Fri, 6/10/11, TheWizard
From: TheWizard
Subject: Fw: SOUTH POOL IS LOCKED
To: jpena@meritpm.com
Date: Friday, June 10, 2011, 1:18 PM
Ms. Pena
I am still waiting for your cease and desist order ,,In the meantime,,Thank you for your NON REPONSE to my inquiry as a homeowner who pays your salary through the dues.
Since you failed to answer my question why I, as a homeowner,,cannot use the south pool...I will tell you why since you are not representing the homeowners but your employment and a board of directors that you will do anything for.
The reason suddenly I cannot use the south pool, as told by the Board that after memorial day, all homeowners can use it.
Alas, that isnt true and no notice to the homeowners (which should be in the newsletter at least).
THE REASON THE SOUTH POOL is suddenly shut down with no explanation to the homeowners is because of a duck and its two chicks and two boyfriends fighting over her.
Since the ducks to not pay dues the question has to be asked and that is WHY ARE THE DUCKS ALLOWED TO TAKE OVER THE POOL FOR THE ENTIRE SUMMER ?
I know you wont respond but I am reporting the clear facts supported by pictures I have taken for months on this question, with no answer EVER.
Enclosed is proof of why i cannot use my OWN POOL.
--- On Thu, 6/9/11, TheWizard
From: TheWizard
Subject: Fw: SOUTH POOL IS LOCKED
To: JPENA@MERITPM.COM
Date: Thursday, June 9, 2011, 8:47 AM
WHY IS THE SOUTH POOL LOCKED DOWN,,,I CAN ONLY GUESS AGAIN,,,,i PAY DUES TO USE THE POOL AND IT WAS SUPPOSED TO BE OPEN FOR THE HOMEOWNERS AFTER MEMORIAL DAY...AND ISNT..
--- On Wed, 6/8/11, TheWizard
From: TheWizard
Subject: SOUTH POOL IS LOCKED
To: jpena@meritpm.com
Date: Wednesday, June 8, 2011, 10:40 AM
Ms. Pena
The south pool is locked and is that because new fobs are being given out?
PLEASE inform me on the situation and when new fobs are going to be given out,,I lost the information.
Mark shapiro
surfside hoa
http://www.youtube.com/user/wizardofbaum#p/u/15/UoVj63TCYaw
JUNE 21, 2011 BOARD MEETING
JESSICA PENA
DAVID DRAINER
MERITPM MANAGEMENT
CALIFORNIA
1 POLARIS WAY
STE. 100
ALISO VIEJO
92656
No comments:
Post a Comment