Editor, The Friday Flyer:
I am writing in response to the dispute between the CLPOA and the water district. This is an issue that should have been brought to the vote of the people and not placed on a small group to decide what could potentially be catastrophic to our property values.
The laws in the state of California are very clear when it comes to HOA board members and their personal liability under certain circumstances. Under the liability clause of the law it reads as follows.
Liability – In California, HOA laws protect volunteer association board members from personal liability as long as the member has acted in good faith, in the best interest of the homeowners association and with the care that a reasonable person would use in a similar situation, according to California attorney Melissa C. Marsh.
It appears that the Board members are not acting in the best interest of the members and could open themselves up to this kind of liability if they continue to travel down this road. This issue is very simple, and that would be to pay all the bills due to the water district ( as per our agreed upon contract ) and then negotiate like any reasonable person would.
I feel that if this is not done, the members should begin to explore all of our options to make our elected officials liable and to protect our property values. I for one will not stand by and watch someone else destroy my property values and future. I would hate to see our hard earned money spent in any law suits, either by the water district or the HOA members.
The only option I see for the Board members is to abide by the contract that was agreed upon by both parties and pay the water district and put this all behind our Association.
Daniel T. Ratajczak