Page 4 - The Friday Flyer • September 11, 2015

A-4 THE FRIDAY FLYER SEPTEMBER 11, 2015 Attorney offers info on lake, meetings, gate
BY SHARON RICE
EDITOR, THE FRIDAY FLYER
Tuesday’s CLPOA Board meeting was short on Board business (only one action item) but long on information, with Corporate Counsel Scott Levine providing information on three topics. The first presentation was an update on the Lake Lease. The second presenta- tion was on Board Meeting Protocol (or a lesson in good manners at Board meetings). And in his third presentation, Levine explained the process the Board plans to undergo with regard to the Main Gate Project.
In his presentation on the Lake Lease, Levine mentioned two other California lawsuits that (so far success- fully) are arguing cases similar to Can- yon Lake’s claim against the Elsinore Valley Municipal Water District based on Proposition 26.
He also provided a brief reminder of the two lawsuits Canyon Lake has against EVMWD. The first seeks to an- swer the question of who owns the lake- front improvements at the termination of the lease: CLPOA homeowners or EVMWD? There is not a simple answer, he explains, because while EVMWD technically owns the shore zone, Canyon Lake property owners have obtained ac- cess and title to build in the shore zone.
The second lawsuit argues that EVM- WD is illegally charging Canyon Lake property owners to use government property in a way that violates the Cali- fornia Constitution, specifically Propo- sition 26 passed in 2010.
Also in this presentation, Levine discussed the recent finding that EVM- WD’s attorneys – Best, Best and Krieger – once served as attorneys for Canyon Lake and were involved in negotiat-
ing the second amendment of the Lake Lease, a document Levine says is direct- ly at issue in the current litigation. Can- yon Lake’s Legal Counsel believes this should disqualify Best, Best and Krieger from representing EVMWD in the law- suit, a claim that is scheduled to be heard in court on November 5.
Corporate Counsel has had two meet- ings with the Lake Lease Litigation Committee, made up of 10 community members who have signed confiden- tiality agreements. At the first meeting Corporate Counsel explained details of the lawsuits. At the second meeting, there was discussion about keeping the community better informed. One way to do that is via a special website due to launch in the near future.
Finally, in his Lake Lease presenta- tion, Levine disputed “five facts” he says have been put forth by EVMWD to scare Canyon Lake residents.
Board Meeting Protocol
In light of what took place at the Au- gust 4 Board meeting and what he has seen take place at Board meetings since he began working for Canyon Lake, Cor- porate Counsel Levine provided a formal presentation on “Board Meeting Proto- col.” He went over the four types of meet- ings held by homeowner associations and answered the following questions:
Who attends the meetings?
Who gets to vote at the meetings? What can be discussed at the meet-
ings?
How are issues/items added to the
agenda?
Who gets to debate issues/items on
the agenda?
What role does the General Manager
play at meetings?
With regard to the Main Gate Project, Corporate Counsel Scott Levine gave a brief summary of the Board’s decision to take the matter to a judge for Alternative Dispute Resolution (ADR). In this way, it will be determined through arbitration whether or not the Board's decision to approve the project violates Canyon Lake Bylaws.
What role does General Counsel play at meetings?
He answered the above questions for each of the four types of meetings: Ex- ecutive Session, Board Meeting, Mem- bership Meeting and Town Hall Meet- ing. In his own professional way, Levine made it clear that there has been a pat- tern of inappropriate behavior on the part of community members at regular session Board meetings since he began attending four or five years ago. “There needs to be civility,” he said.
As defined by Civil Code 4090, a board meeting is “a congregation of the board to hear, discuss or deliberate upon any item of business that is within the authority of the board.” In other words, Levine explained, Canyon Lake’s Board meetings are for the Board to conduct the business of the Association. They are not for the members to direct the Board members.
Levine further explained how mem- bers are invited to participate. Civil
law. They are not being rude. They are not ignoring you. They cannot respond – that is the law.”
(Levine did not make reference to the August 4 Board meeting; however, the implication was there that it was inap- propriate for members at that meeting to demand that Directors put the Main Gate Project to a vote of the members.)
Main Gate Project
With regard to the Main Gate Proj-
ect, Levine gave a brief summary of the
Board’s decision to take the matter to a
judge for Alternative Dispute Resolution
(ADR). In this way, it will be determined
through arbitration whether or not the
Board's decision to approve the proj-
ect violates Canyon Lake Bylaws. The
Board contends the project falls within
the limit of $800,000 that can be spent
on a project without taking it to a vote
of the people. Opponents say the cost of
the project exceeds what is allowed in
the Bylaws. Code4930allowsmIemNbeTrsEtotRalkNaboAutTIONAL
non-agendaitems,butitforbidsaDirec- The Board agrees to abide by the judge’s decision. Members who opposed
on the agenda, the Board and its agents cannot answer it with action! That is the
uuCONTINUED PAGE A6
AUTO CRAFTERS
tor to make decisions about non-agenda the project on monetary grounds may
items. He says, “If you raise an issue not
COLLISION REPAIR CENTERS
FREE CONSULTATION Wills, Trusts, Probate, Restatements, Amendments, Powers of Attorney, Health Care Directives
Unlike Most Attorneys I Will Meet You at Your Home
Experienced Attorney (Over 40 Years)
Discounted Fees for Canyon Lake Residents
William K. Sweeney, J.D., LL.M., M.B.A.
(951) 643-8724
LIFETIME WARRANTY ON PAINT & BODY REPAIRS
• frame
• body
• paint
• free estimates
All Insurance Welcome • Free Estimates
www.intlautocrafters.com
QUALITY AUTO COLLISION REPAIR
...AFTER
LAKE Four locations MENIFEE ELSINORE 29723NEWHUB"B"
29385 HUNCO WAY (951) 471-1733
to serve you
(951) 672-0727
PALM DESERT / MORENO VALLEY
MOR
V APL
14156 BUSI DE
S(9HO 6 9 7 ( 7- 324
D 7360
Please Visit:
www.CanyonLakeHomeowner.com
• The BANNED "Fat Disgusting Pig" Video
• Important POA Information for Homeowners
• "New" CL Face Book is rated Best and Worst
Celebrating our 25th Year with four locations to serve you!
A
N S
R 5R 4