At Tuesday’s POA Board meeting, General Manager Chris Mitchell provided an update on projects currently underway in the community:
At Tuesday’s Board meeting, POA President Bruce Yarbrough explained the Board’s reasoning in asking for the Alternative Dispute Resolution (ADR) on the Main Gate Project. Bruce explained that for many months, certain homeowners have accused the Board of violating the Bylaws, especially with regard the the $800,000 rule.
The Board believes the Main Gate Project is being handled properly and no rules are being violated; however, it was Bruce’s decision, supported by the Board, that getting a judge’s unbiased opinion in the matter would help lay the matter to rest.
In the evidentiary hearing held on November 10 in San Diego, the Board, represented by Corporate Counsel Scott Levine, and a committee of homeowners, represented by Lawrence Neigel offered documentary evidence for their positions.
The Arbitrator later announced his opinion that the project in its entirety is a Reserve Project, not a Capital Improvement Project. The Arbitrator further stated “In approving this project, the Board has acted well within its authority pursuant to California law and the Association Bylaws.”
The Arbitrator, Hon. J. Richard Haden (Ret.) provided a written decision that can be read in its entirety at www.canyonlakepoa.com.
Corporate Counsel Scott Levine provided an update on recent legal activities with regard to the Lake Lease and the Main Gate Project.
He also responded to allegations made by those opposed to the Main Gate Project; then explained the history of the opposition and the people behind the opposition, including but not limited to former Board members Sean McDonald, Lawrence Neigel and George Middle.
Levine went into a lengthy explanation of what happened when the McDonald/Neigel Board decided to pursue a lawsuit against former Association managers and legal counsel Warrell, Johnson, Phipps and Racobs. He also went over recent actions by George Irvine. His presentation and the rest of the December 1 Board meeting can be viewed at www.canyonlakepoa.com.
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