|SouthSanJose.com: The Community Web Site Serving Santa Teresa, Almaden Valley, Blossom Valley, Coyote Valley and Evergreen|
|Saturday, January 22nd, 2000 @ 12:00 AM|
Subj: DO NOT RECALL JOSEPHINE !!!! (- Jan. 2000 -)|
From: JOSEPHINE LIVINGSTONE
WHY DO I WANT TO STAY ON THE BOARD ??? THIS IS A VERY GOOD QUESTION.
The club has been out of order and I wanted to fix it. The Board has not been following the by-laws, instead, they have been doing whatever they want, which can lead to serious lawsuits. And for over 26 1/2 years there has never been an outside financial Audit of our Funds. This is no way to run a Corporation with over $300,000 income per year.
It's been said that the Board JUST COULDN"T get any work done- WHY ??
The by-laws, which is our charter, were changed, from 1993-1999. Your dues could have been increased with a smaller percentage and there was no Quorum. However, after I found the change, I have worked to correct them back. But, that took since last year to complete it. Why ??
I presented a petition to the Board on Nov. 15, 1999 requesting that the membership be allowed to vote for a 5 year Audit of club funds. The Board chose to ignore it, yet it was a VALID PETITION. Again the Board is not following our by-laws, and this is a serious offense. The cost of an Audit would range from 5 to 10K and possibley for FREE under a grant I have looked into for us.
Recently, I helped fight for a couple of our members to kepp their properties from forclosure, insisting that our by-laws call for LEINS only, not forclosures-which means a loss of your house.!!!!
When I found out that parts of the Davis-Stirling Act would take away our rights to vote on our assessments and the Board would become too powerful, I realized that this condominium-oriented law was not in the best interest of our membership and a threat to member control.
I found legal opinion from the State and now in writing that shows we do not have to comply and we can use our own by-laws. I tried to put it in the Feb. newsletter, but, that news was edited out and withheld from you by a Board member. I have saved you from voting away your rights as a homeowner, and I did it with the solid support and help from some of my committee members. ALL FORE THE GOOD.
However, members on your Board were going to let you vote on it without even researching it for you. This I have been able to Stop so far but, It hasn't been easy, as you can see, or I wouldn't be here doing this. This Club belongs to all of us, not just to them !!!!!
I'm still working on tighter and better control of our voting procedures, the Yearly Audit to our by-laws, bringing news to you in our Newsletter, and working with the Future of the Club Committee so all members may have their right to Vote and receive proper information, before they vote on the issue regarding the selling of the Club.
YES, I NEED YOUR SOLID SUPPORT AND I NEED YOUR VOTE SO I CAN COMPLETE MY WORK AND THE REST OF MY 7 MONTH TERM...SO, GO AHEAD MAKE MY DAY, VOTE SO I CAN STAY...DO NOT RECALL ME. THANK YOU.(xxx)xxx-xxxx
I'M STILL A WISE CHOICE JOSEPHINE A. LIVINGSTONE
PICK THE COMMITTEE THAT FITS YOUR INTEREST
BY-JOSEPHINE LIVINGSTONE ** Board of Director, Chairperson in charge
of By-laws, Elections & Newsletter Staff
NEXT MEETING- WEDNESDAY Feb. 9, 2000 7:00 P.M. (408)225-xxxx
COME AND JOIN US..HAPPY VALENTINE'S DAY EVERYBODY..From ..JOSEPHINE
Committee Members, JACK HOLMES, SRI SEELIN, GERALD BLOMBERG, BETH SHEELINE.
ATTENTION MEMBERS....BY JOSEPHINE LIVINGSTONE **Board of Director
REGARDING: THE DAVIS-STIRLING COMMON INTEREST DEVELOPMENT ACT
It is the opinion of Law Professor Katharine Rosenberry, who was the senior consultant to the Assembly Select Committee appointed to study common interest developments, that the law as it relates to the Davis-Stirling Common Interest Development Act is:
"...the Act applies only to projects created after January 1986..."and R.S.T.S.&R.CLUB was incorporated Oct. 13, 1966..
This, I have in writing, and it will be given to our board to be put into the files of our Club Records. I want all of you to know of this too!!!!!
There are parts of the Davis-Stirling Act that would take away our rights to vote on our assessments and the Boards would become too powerful. Most of the members I have talked to, do not want to be governed like a condominium.. WE WANT TO BE IN CONTROL OF OUR HOUSES AND OUR MONEY...!!!!!!!
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