12-22-2014, 12:46 PM
Janet, sorry I’m replying so late but I had to get permission from Joan to use her letters and emails. And I spoke with the witnesses of the Escobar Incident to get their statements. I do have permission to discuss it.
You're very polite! You stated "...might be another example of this Board's disregard of the Bylaws." The word "might" implies other possibilities, I think the accurate word is "is" another example. Because, a BOD can not create Association Policy in secret meetings that NO member knows any thing about unless you are one of the unfortunate souls who receive one of their reprimands which are created in the heat of the moment ( whether competently plagiarized from another policy attachment or not).
Your quotation of Article X is correct. “ARTICLE X – COMMITTEES
Section 5. Removal of Committee Member or Chair.
(a) Member. At any meeting of a committee of the board or membership, any one or more of the committee members may be removed with or without cause by vote of the majority of the committee members.” You then say “Therefore, the Board itself does not have the authority to remove any member of any committee. The only way for it to engineer such an action would be for it to "convince" the other members of the subject committee to do so.”
It is quite clear that there is no avenue stated in the HPPOA Bylaws for the BOD to legally remove a "Membership" committee person duly voted on by the membership. However..., if the BOD is up to it (and I'm sure they will be after reading this) they may try to argue that such a removal is authorized in Attachment F. Unfortunately for them and fortunately for Joan, they not only created another illegal HPPOA Conduct policy out of thin air and attached it as “F” to her letter barring her from everything but, they left out from the fake “F” the only statement in our Bylaws or Policies that they could have tried to use. That is, assuming they would stoop so low as to take that statement out of context. This is the statement in “F” (the real F)… “Behavior resulting in removal will bar this person from membership attendance at any HPPOA function for 1 year”. That is the last sentence in a paragraph discussing what will/should happen to owners being disruptive during their 3 minute owner input and have to be removed from the meeting… and that is all it is and can be used for. Remember I explained how they tried to use this paragraph against Mr. Hanor and they screwed that up?
“Do you know if it was the Board or the members of the Finance Committee that acted? Is there some way to find corroboration of this? Do you know if the removal occurred before or after the incident with Ms. Escobar?” It was the BOD, the Finance Committee did not remove Joan. She received “the letter” from BJ Mullenix dated Sept. 22, before the first Finance committee meeting had met. The letter is signed by BJ and says, in the last sentence, that she is representing the majority vote of the BOD. The removal from everything HPPOA was 2 weeks after the incident but the police reports against Joan were made right after the Sept. 7th Special Membership meeting where the incident occurred.
”On a related note, does anyone know the current membership of the Finance Committee? I cannot find anything on this committee on the HPPOA website after the minutes of the 14 June 2014 meeting.”
The original Finance committee had 6 owners voted on and approved in the June 30 membership meeting. After the new BOD took over they immediately took drastic and illegal action against most of the previous BOD members with Letters of Reprimand. One letter went to Verne Presnall who was one of the owners voted onto the Finance committee; one down. Then Joan got her letter; 2 down. Another member resigned after the first committee meeting; 3 down (there have only been 2 meetings in 6 months). So, I believe that would add up to the survivors as 3 owners and the Treasurer.
Readers need to understand why I say Joan's letter and the attachment are illegal. As discussed above they have no legitimate authority to create, let alone send an owner a letter like this. Especially since it is all based on lies, remember Friends of the Board (FOBs), I am ready and capable of posting the real witnesses’ statements of the infamous Escobar Incident. After reading the attached “F” that Joan received, I noticed that the last 3 paragraphs are incompetently and illegally plagiarized from the Conduct Policy’s front page and Attachments A and C. Attachments A and C were written for Board Directors conduct and behavior… not owners. Therefore, how can they plagiarize them and misuse them against an owner? How can anyone stand by and defend “cut and past” policy or Bylaws? Yet, they shamefully used them.
Can anyone imagine the legitimacy of receiving a speeding ticket in which the policeman sited the wrong infraction and how long that would hold up in traffic court? So it is in Joan’s case. Our Bylaws have appropriate ways in which we can professionally and fairly handle these disputes. Let’s follow them.
You're very polite! You stated "...might be another example of this Board's disregard of the Bylaws." The word "might" implies other possibilities, I think the accurate word is "is" another example. Because, a BOD can not create Association Policy in secret meetings that NO member knows any thing about unless you are one of the unfortunate souls who receive one of their reprimands which are created in the heat of the moment ( whether competently plagiarized from another policy attachment or not).
Your quotation of Article X is correct. “ARTICLE X – COMMITTEES
Section 5. Removal of Committee Member or Chair.
(a) Member. At any meeting of a committee of the board or membership, any one or more of the committee members may be removed with or without cause by vote of the majority of the committee members.” You then say “Therefore, the Board itself does not have the authority to remove any member of any committee. The only way for it to engineer such an action would be for it to "convince" the other members of the subject committee to do so.”
It is quite clear that there is no avenue stated in the HPPOA Bylaws for the BOD to legally remove a "Membership" committee person duly voted on by the membership. However..., if the BOD is up to it (and I'm sure they will be after reading this) they may try to argue that such a removal is authorized in Attachment F. Unfortunately for them and fortunately for Joan, they not only created another illegal HPPOA Conduct policy out of thin air and attached it as “F” to her letter barring her from everything but, they left out from the fake “F” the only statement in our Bylaws or Policies that they could have tried to use. That is, assuming they would stoop so low as to take that statement out of context. This is the statement in “F” (the real F)… “Behavior resulting in removal will bar this person from membership attendance at any HPPOA function for 1 year”. That is the last sentence in a paragraph discussing what will/should happen to owners being disruptive during their 3 minute owner input and have to be removed from the meeting… and that is all it is and can be used for. Remember I explained how they tried to use this paragraph against Mr. Hanor and they screwed that up?
“Do you know if it was the Board or the members of the Finance Committee that acted? Is there some way to find corroboration of this? Do you know if the removal occurred before or after the incident with Ms. Escobar?” It was the BOD, the Finance Committee did not remove Joan. She received “the letter” from BJ Mullenix dated Sept. 22, before the first Finance committee meeting had met. The letter is signed by BJ and says, in the last sentence, that she is representing the majority vote of the BOD. The removal from everything HPPOA was 2 weeks after the incident but the police reports against Joan were made right after the Sept. 7th Special Membership meeting where the incident occurred.
”On a related note, does anyone know the current membership of the Finance Committee? I cannot find anything on this committee on the HPPOA website after the minutes of the 14 June 2014 meeting.”
The original Finance committee had 6 owners voted on and approved in the June 30 membership meeting. After the new BOD took over they immediately took drastic and illegal action against most of the previous BOD members with Letters of Reprimand. One letter went to Verne Presnall who was one of the owners voted onto the Finance committee; one down. Then Joan got her letter; 2 down. Another member resigned after the first committee meeting; 3 down (there have only been 2 meetings in 6 months). So, I believe that would add up to the survivors as 3 owners and the Treasurer.
Readers need to understand why I say Joan's letter and the attachment are illegal. As discussed above they have no legitimate authority to create, let alone send an owner a letter like this. Especially since it is all based on lies, remember Friends of the Board (FOBs), I am ready and capable of posting the real witnesses’ statements of the infamous Escobar Incident. After reading the attached “F” that Joan received, I noticed that the last 3 paragraphs are incompetently and illegally plagiarized from the Conduct Policy’s front page and Attachments A and C. Attachments A and C were written for Board Directors conduct and behavior… not owners. Therefore, how can they plagiarize them and misuse them against an owner? How can anyone stand by and defend “cut and past” policy or Bylaws? Yet, they shamefully used them.
Can anyone imagine the legitimacy of receiving a speeding ticket in which the policeman sited the wrong infraction and how long that would hold up in traffic court? So it is in Joan’s case. Our Bylaws have appropriate ways in which we can professionally and fairly handle these disputes. Let’s follow them.