Hello Nepenthe Neighbors,
In the next few days you will receive ballots for a Recall Election of Director Christina George. That’s something that has not happened in my many years as a Nepenthe resident. I believe it is a very important election. I have no personal animosity toward Director George, but her activities are clear examples of an attitude which permeates the actions of the whole Board*. An arrogance and disregard of the rules when conducting the Associations business and a disrespect of any member who would question their actions.
In the last few years I have closely studies HOA law as well as our CC&Rs and Bylaws. I continually noted the Boards deviation from the rules, particularly with regard to meetings notices, conduction business in closed session and general lack of transparency. Ignoring both letters and statements from members, claiming to act on advice of counsel, they operated to in closed session secrecy to avoid any involvement or criticism by members.
I signed the recall petition not just because of Christina George’s violation of the Bylaws and excessive spending, but I hoped it would bring to light the general disregard and arrogance of the whole Board for its failure to meet their fiduciary responsibilities and for their obvious disrespect of the rights of individual members of the Association.
While I believe that there is an abundance of examples of this arrogant and disrespectful behavior, perhaps the most egregious is their handling of the recall petition. Verified as valid and told so by legal counsel, for whatever reason they determined that the petition was without merit and voted to reject it. The law provides them no such authority. They have subsequently now, six month later, scheduled the election for September.
In a May 22nd email the Board changed its mind stating, “The Nepenthe Board has determined that proceeding with the recall election that has been on hold is in the best financial interest of the community”. They supported this allegation by a listing of costs “directly associated with the recall” which included $8,105.76 in costs which were incurred in February, March and April of 2023, 9 months prior to the filing of the Petition for Recall.
What they haven’t told you is that petitioners have from that night of rejection in December worked to reinstate the recall election. The Board and their counsel have strenuously resisted every effort to seek compliance with the law that requires the recall, stonewalled at every step of the way. Having no other recourse, Petitioners obtained legal counsel at considerable cost and have prepared a suit against the Association and the individual members of the Board. I firmly believe that that pending lawsuit and yes, the cost associated with it convinced the Board to do what the law required and hold the election.
I still haven’t figured out how the Board incurred $8,105.76 in costs more than 9 months prior to the filing of the recall petition. I am continuing to seek and answer to that question.
It is time the Board decides to conduct all business in open session as required by the open meeting law.
It is time they provide for members questions and comments prior and in the process of making decisions on major issues and expenditures.
It is time they comply with the law.
Neighbors, I ask you to join me in voting to recall Christina George and bring back accountability and transparency to our Association.
Peter Pelkofer
Yes she should be recalled!