MONTEREY OPEN FORUM JULY 10, 2013 EMAIL TO THE BOARD

MONTEREY OPEN FORUM

Below is an email sent to the FORUM by General Manager Dana Brown for the Board of Directors, requesting the FORUM issue a retraction to clarify the association’s position on Tree Height Restrictions. The Board requests that we clarify its position is rather strange  considering they caused the misunderstanding and have far more communications capabilities than the FORUM to clarify and explain the issue(s) to all the homeowners. However, the FORUM is open to all and Ms. Brown’s email will be posted on the FORUM BLOG as well as published below with our reply to the Board.

----- Forwarded Message -----
From: Monterey Open Forum <montereyopenforum@gmail.com>
To: Dana Brown <dana@albertmgt.com>
Sent: Wednesday, July 10, 2013 7:03 PM
Subject: Retraction Request

July 10, 2013

To: Monterey HOA Board of Directors (Att. Dana Brown, General Manager please forward this email to all Board Directors)

From: Monterey Open Forum

Re: Dana Brown’s (Representing the Board) email of July 9, 2013 “Subject: RE:Kay Van Zant Email to the Board”.

Ms. Brown on the Board’s behalf requested the FORUM “issue a retraction email to clarify” the HOA’s position on 

Tree Height. The FORUM has nothing to retract. The Board, who caused the problems has the responsibility and has ample communications capabilities, (far more than the FORUM) to clarify its own position to all homeowners. Judy Saccente, Tim Lillard, Chuck Pepper, Vern & Lucille Keaner to name a few accomplished & intelligent homeowners, under the circumstances made a reasonable interpretation of the Board Proposed Rule Change and made their opposition known to the Board. Ms. Saccente delivered her opposition letter to the Board on July 27, 2013. To date, other than a few emails from Ms. Brown to individual homeowners addressing only tree height and nothing else, the Board has made no effort to address the concerns expressed 

by homeowners in their correspondence to the Board or to provide a rationale to justify the necessity of imposing 

these Proposed Rule Changes on homeowners.  

Ms. Brown’s assertion that “this topic has been addressed at 6 individual board/special board meetings that were duly noticed in which all owners are welcomed and encouraged to attend.” is disingenuous at best. The last Board meeting that mentioned Proposed Rule Changes was on Feb 4, 2013. There was no mention in the Board meeting announcement as to what specific Proposed Rule Changes would be up for discussion, there was no listing of Proposed Rule Changes posted on the HOA web site and the minutes of the Board meeting state only that Rule Changes were discussed with no indication of any specific rules discussed. As usual Open Forum comments by homeowners are never included in the minutes. If that’s the best the Board can do to inform homeowners it is clearly unsatisfactory. As one homeowner expressed in the email to the Board “These changes seem to be taking place under a “shroud” of secrecy.” 

 The Board has not addressed the other issues that homeowners have written in opposition or have concerns about?  

The issue of PLANT HEIGHT RESTRICTIONS negatively affects  a third or more homeowners. Are they aware of this? 

Has the Board made any effort to inform them that they will have to cut off all plants at wall height? Or is burying this RULE in a 98 page document sufficient?

The response from the few homeowners that have been informed of the PLANT HEIGHT RESTRICTIONS would indicate otherwise. The FORUM has a survey asking “I OPPOSE THE PLANT HEIGHT RULES CHANGES AS STATED” so far 62 have answered “YES I OPPOSE” none have answered “NO I DON’T OPPOSE”.  The Board has a far better survey method included with the HOA website to sample homeowner opinion on any subject but chooses not to use it. Also the HOA website Message Board is a direct method to solicit homeowner comments and Board response to these comments for all to see. However, the Board closed this function down and has refused all requests to activate it.

A similar FORUM survey indicates that homeowners would prefer more patio color choices than the Board’s 

mandated MONTEREY DRAB.

The Board and its lawyer Guralnick are very aware that the Board according our CC&R section 4.1 has absolutely no authority to restrict homeowners access to the Golf Course including   the Golf Path.  Lawyer Guralnick and the HOA management are well aware as should you the Board, be aware that Plaza (Sunrise, Bill Bone) according to the original CC&Rs stated as follows:

“CC&R's Recorded October 5, 1978

9.11 Golf Cart and Pedestrian Paths. In connection with Declarant's development of the Project and Plaza's development of the Monterey Country Club, an extensive system of paved paths will be installed. Such paths will be generally located approximately on the boundaries dividing the Project from the Monterey Country Club.”

“The cost of maintaining such paths (which will be used for both pedestrian travel and golf carts)..."…”

This definition was in effect until Lawyer Guralnick without notice, dropped the word pedestrian from the current CC&R’s. However, the fact remains the paths were designed, developed and sold to the homeowners as join use Golf Cart and Pedestrian Paths and remain so.

“Does the Board actually think the Monterey roads are safer than the Golf/Pedestrian Paths? Both have hazards and homeowners have to use caution when using. It's not up to  the Board to be the "NANNY STATE” to protect homeowners from exercising their own free judgment to protect themselves or their guests. 

  

The bicycles not allowed on concrete, only asphalt Rule and skateboard Rules do not make any sense.

We are still attempting to evaluate the other PROPOSED RULES CHANGES.

The Board has all the tools to this right and Kay Van Zant has provided the outline on how to do it right. 

All that is required of the Board is to use these tools; Kay’s outline, Website Message Board and Survey capability as well as using all the communication capabilities currently available to the HOA to make all Board activities transparent to the homeowners.

We recommend the Board suspend these RULE CHANGES until it can inform all homeowners on why the Board considers these CHANGES necessary and solicit homeowner comment/concurrence using the HOA website message Board and HOA website survey capability.  Major changes affecting the lifestyle of Monterey homeowners require major homeowner support for these changes which the Board currently does not have.

Respectfully submitted,

Monterey Open Form
_____________________________________

From: Dana Brown <Dana@albertmgt.com>
Date: Tue, Jul 9, 2013 at 3:31 PM
Subject: RE: Kay Van Zant Email to the Board
To: Monterey Open Forum <montereyopenforum@gmail.com>, Monterey Homeowner <Montereyhomeowners@gmail.com>
To Whom it may concern,

 Could you please send a retraction email to clarify that the association has and had no intention of cutting down tree’s as set forth in email shown below.

The height of plant material “shrubs” in a courtyard or side yard has nothing to do with the height of trees and the proposed rules reference “other than trees”.

Concerning the timeline in which the proposed rules have been emailed and mailed out to the members, this topic has been addressed at 6 individual board/special board meetings that were duly noticed in which all owners are welcomed and encouraged to attend.

I thank you in advance for your assistance in correcting the information sent to our owners.

Sincerely,

Dana Brown, CCAM l General Manager

Monterey Country Club Association, Inc
____________________________
From: Dana Brown <Dana@albertmgt.com>
Date: Thu, Jul 11, 2013 at 8:30 AM
Subject: RE: Fw: Retraction Request
To: Monterey Open Forum <montereyopenforum@gmail.com>, Monterey Homeowner <Montereyhomeowners@gmail.com>

Dear Monterey Owner,

The email I sent yesterday was a request from me. All owner comments received will be included in the board packet for the boards review at the July 18, 2013 meeting.

Sincerely,

Dana Brown, CCAM l General Manager

Monterey Country Club Association, Inc