Board refuses recall We received a letter from Peter Lemmon, the ASPOA attorney. In it he states: “As to the recall petition, that petition is in my opinion, an ineffective “petition” since there is no provision for recalling a board of directors via such a petition.” This means in plain speak, they are rejecting the recall of the board. There will be no recall. They are desperately hanging onto their positions. Our recourse?… to sue them. The recall petitions were turned into their attorney. He counted and validated the first batch himself. There were more than enough signatures to meet the required threshold, and in fact we stopped counting all of them becuase the requirement had well been met. The ASPOA secretary validated the signatures and the count. At the July board meeting, President Paul Hoefler admitted that both petitions had been validated and met the threshold of required numbers. However, their attorney gave his ”opinion” and thereby declared he has protected his clients from the recall. As of July 1, the ASPOA board has spent over $20,000 in legal fees. Prior to their tenure, the previous budgets for legal fees had been $2000. And as of August the total will be even higher, while their attorney seeks to keep this self elected board in their postitions of “power” in an organization that has no power. By avoiding at all costs a recall, they strive to avoid any challenge and there will be no open member election to install a new one. The board seems to feel they have membership dues to spend at their discretion and disposal. Since we most likely are looking at $25,000 spent in the near future on legal fees, with an ASPOA annual income of $65,000 (after they raised the dues 60% last year), it will take years to replenish the treasury without beneficial program cuts or raising the dues. This refusal to allow the democratic process and violating their own By Laws due to some “legal technicality” should make every homeowner demand a recall. If this board felt that the community supported them, they would have no hesitation to resign and run in a free and open election for their postitions. They are desperately trying now to inform the community of their worth to point away from their mismanagement. They think Alta Sierrans are too ignorant to see through them. In this, they have finally reached transparency. We have several options to pursue with legal advice. We do not want to plunder the treasury with more legal fees: however, we can not let this group continue to run the organization and be our representatives in the community. We are pursuing all remedies to retreive the funds they spent to support their own agendas: an agenda that overwhelmingly has been rejected by the community. We encourage you to e-mail the board to resign and demand that they stop spending money on more legal fees. You can find their emails on aspoa.org under about us. In response,you will receive a form letter that they have prepared. We ask that you donate any amount that you are able to help us eliminate this ASPOA board and support one that is freely elected. Write your check to: RECALL ASPOA BOARD and send to 14652 Stinson Dr Grass Valley, Ca. Shortly, we will inform you of the next action, after careful review by our attorney. Thank you for your continued support and help in this effort. Democracy will prevail in this grass roots movement.
Posted on: Tue, 22 Oct 2013 13:30:25 +0000
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