Never too much money to spend on attorneys... Here's the latest letter from Swedelson Gottlieb

This is NOT Esprit HOA communication... if you had any doubt...

Please read the attorney's 10.22.2021 letter by following this link, then our response below. 

https://docs.google.com/document/d/1Z4XGbDvQeQSp2HM-rwRUOmkJhBpK4C9bpqJ7pNCp3p0/edit?usp=sharing

Dear Mr. Moreno,

Please read our responses to your questions below, inline, in bold italics:

1. Your failure to provide all of the signatures of owners supporting the recall petition is another misrepresentation of facts and an attempt to mislead the Association about those who made such a submission. As such, the Association demands that you produce all signatures as required by law. 

All signatories to the recall petition were provided to the board at the same time that the petition was submitted. 

2. You promised to stop using the esprit92264 gmail address to communicate between owners; however, you misrepresented such facts, as you continue to use said e-mail despite your promises not to.

We have created a new email, freespirit92264@gmail, to communicate with owners. One email from the old address was inadvertently sent out recently. Being human we do make mistakes. I don't think we deserve the electric chair! However, it too contained a disclaimer that it was not an official communication from the Esprit HOA. It is our belief that none of the recipients mistakenly assumed that it came from the Esprit HOA.  We took measures yesterday in order to avoid future mistakes of accidental use of the esprit92264 gmail account.

3. At your request, the Board will conduct the hearing in executive session, without other owners present.

We made no such request! Nothing of the sort was submitted by us to the board especially since this is the first time we heard of this hearing set for November 2nd. We request that any hearing involving us be definitely open to all members of the HOA and that proper notification of any hearing be disseminated to all HOA members no later than four (4) days prior in order to comply with the Open Meeting Act, including on the Esprit HOA website and bulletin board. We wish to have the meeting to be recorded. Please observe the Esprit ByLaws paragraph 5.11 for the procedure, assuring that all attendees are present during the Board's discussions on the purported violations.

4. This letter shall serve as notice that a violation and due process hearing has been scheduled by the Board pursuant to the CC&Rs, Bylaws, and Code of Civil Procedure section 5855 and other law to discuss reimbursement of all attorney fees, costs, and expenses incurred by the Association relative to enforcing the Governing Documents in connection with the above-described violations...

Please consider this message below as our response to your 10/22/2021 letter including the following:

We find it puzzling, to say the least, that the board is unable or unwilling to communicate with us directly regarding the issues that you addressed, and is considering requiring us to reimburse the legal fees paid to your firm. One of the principal duties of an HOA Board of Directors is to communicate directly with HOA members. From your letter it is not clear as to violations of what section(s) of the Esprit HOA Rules and Regulations, or CC&Rs, the hearing is going to address? It was also never clarified, even though we have requested on multiple occasions, what, if any, "false or misleading statements regarding the Association or its directors/officers and management" have been alleged to have been made by us. (From your 9/28/2021 letter: "That you cease and desist publishing any false or misleading statements regarding the Association or its directors/officers and management.") 

It remains our opinion that the Board and Management could do a much better job, including handling conflicts, without running to an attorney, through a friendlier, more transparent treatment of the Esprit HOA homeowners. The Board could claim higher moral ground, had it complied with the proper notice and disclosure laws of the CA Civil Code. Several hearings when the board met happened without any notice before or proper disclosure after such meetings to the membership. HOA contracts have been requested on September 1 but not received to this day, even though it is the law that they should be provided to all  members upon request. Cars have been towed based on unwritten rules, not posted on the bulletin board nor the HOA website (no mention of the green and red color tags to this day).

Lastly, we would urge the Board to make sure they make every effort to avoid any bias and deal only with the facts. At the upcoming hearing the topic is "violation of the Governing Documents", emotions regarding how criticism may affect some or personal dislikes towards us, the accused, should not be part of the decision making!

Yours,

Steven Geiger and Julia Sebestyen