Nepenthe Attorney Says the Recall is Valid

See for yourself, Nepenthe’s former attorney says, “Yes indeed!” the recall is valid at the December 18 recall election and the board should proceed. Even hear a board member say by law they have 150 days to do complete the recall election. Had they followed what counsel Brad Epstein said, the Board would not have wasted the estimated $30,000 on legal fees to fight the recall.

The recall petition was delivered on December 6th, 2023 and 150 days from that is May 4th, so the Board slow walked it all the way to the very last day. After hiring a new attorney and learning they had no other legal choice than to do the recall, they notified homeowners of a September 18th recall election date which is 119 days. In order to hold a “single ballot election” which means the recall and the new candidate are elected on the same ballot, there is a 90 day ballot which gives 30 days to solicit candidates, 30 for receiving the candidate applications and 30 days to complete the ballot mailing. Again, they took full advantage of the 150 day limit. I can only imagine what we are going to see pushed through at the September board meeting as this is likely the last meeting where The Establishment will hold a majority position.

I wonder what happened to Brad and why we have a new attorney. It’s frustrating to work with a client that doesn’t value your advice and chooses a dangerous path. I wonder.