HOA Meeting: Tuesday 12/8, 7:00 p.m.

Join us on Tuesday, December 8 at 7:00 at the Clubhouse.

WE HAVE A VACANCY ON THE BOARD OF DIRECTORS. IF YOU ARE INTERESTED IN SERVING AS A DIRECTOR AT LARGE OF THE HOA, PLEASE SEND AN EMAIL TO GGMHOA@GMAIL.COM.

San Fernando Valley mobile home park residents prevail in lawsuit against owners

Five residents who alleged they were living under dangerous conditions, including an inadequate electrical system, are awarded a total of $350,000 in back rent.
By Dan Weikel, Los Angeles Times
(view the article by clicking here)

A judge has ruled in favor of five mobile home park residents near Canoga Park who alleged that the park owner failed to make repairs and allowed dangerous conditions to persist for years, including a faulty electrical system that had been cited more than 100 times by state inspectors.

Based on an eight-day trial held in April, Judge Gregory C. O'Brien sided last week with Gary and Deborah Gibson and three other tenants of Mountain View Mobile Estates, which contains 156 homes tucked into a hillside with a panoramic view of the west San Fernando Valley.

They sued Mountain View's owner, G.J. Park Associates, and its management firm, M.A. Cirillo & Associates, which does business as Star Mobile Home Park Management.

G.J. Park and Cirillo said the park was well-run and that they had spent millions of dollars to make repairs in a reasonable amount of time. But O'Brien disagreed, spelling out his decision in a scathing 31-page opinion scheduled to be filed today in Los Angeles County Superior Court.

The landlord collected the tenants' rent, O'Brien wrote, "for which the tenants received in return endless insults to their sensibilities: Years of noise, mud, dangerous conditions, a studied neglect of simple services, a clubhouse with no furniture, a badly maintained pool and spa, and inexcusably rude, petty and bullying behavior."

O'Brien is a retired Superior Court judge who works for ADR Services Inc., a private arbitration and mediation service in Los Angeles that both sides hired to hear the case.

He awarded the group $350,000 in back rent for four years, or about $90,000 per household, and decided that G.J. Park and Cirillo should pay punitive damages as well as the plaintiffs' attorney fees and court costs.

"Maybe this will give residents of other mobile home parks with landlords like ours a glimmer of hope for some kind of fair play, especially the elderly," said Gary Gibson, 62, a 10-year resident of Mountain View who spearheaded the lawsuit.

Attorney Dale B. Goldfarb, who represents the park owner and management company, could not be reached for comment Friday.

The lawsuit, filed in March 2007, contended that G.J. Park and Cirillo poorly maintained Mountain View for years and failed to make repairs related to more than 250 notices of code violations issued by state regulators since 1999. Those included the inadequate electrical system -- a key safety issue because of the potential for fire and electric shocks.

Steven H. Haney, the tenants' lawyer, alleged that park operators were negligent, engaged in unfair business practices, failed to keep the park in good working order and deliberately committed continuous violations of the state Mobilehome Residency Law, which requires park owners and residents to maintain a clean and safe environment.

Residents testified that since May 2004 they had to endure scores of park-wide electrical outages, at least 20 park-wide water shut-offs, unstable soil, sewer backups and flooded streets during rainstorms. The electrical system was so poor, they said, that the park was plagued with power surges, dim lights, damaged appliances and so little electrical current that heaters could not be used in winter and air conditioners could not be used to relieve summer heat.

The evidence indicated that park operators took more than six years to make improvements to the electrical system.

Though state inspectors eventually signed off on the work, the plaintiffs' expert testified that the repairs -- some completed by an unlicensed contractor -- were haphazard and that the electrical system still doesn't meet national standards.

Residents further testified that their complaints were often met with derision by park staff, who called them "troublemakers" and failed to respond. Gibson's wife testified that she received several anonymous death threats, and Gibson told the judge he was repeatedly harassed, including being denied use of the pool for failing to sign a waiver of liability -- the only resident of whom the demand was made.

"The expectations described by the witnesses were hardly extravagant: End the noise, stop the mud, fix my driveway, restore my view . . ." O'Brien wrote. "For the most part, the resident office managers seem to have a standard reply: 'I'm working on it.' Evidently, they were not."

HOA Meeting Highlights: June 9, 2009

Manager’s Update:

• The 14-day notices appear to have been effective; the park is looking better.
• Residents expressed concern regarding non-resident vehicles coming into the park to dump their trash in our dumpsters. This issue was discussed at length, with several residents concerned about pests and sanitation, as well as overloaded dumpsters which may result in increased costs for trash service. Carlos will look into options, such as locking the dumpsters, to prevent “drive-by dumpings” by non-residents. Carlos asked residents to provide license plate numbers of suspected non-resident vehicles using the dumpsters.
• Pool use is a concern among several residents now that summer is coming. Residents asked how many guests each resident is permitted to have; the response was “it depends on the lease.” Those in attendance recalled that their copies of the Park Rule state two guests per resident in the Clubhouse and Pool areas. Residents would like management to ensure that the pool is available for their use, by monitoring and preventing non-residents from using our facilities and also keeping certain park residents from abusing the rules regarding guests in the recreational areas.
• One resident raised a specific question regarding cracks in his driveway, and described a significant problem with shifting concrete. Carlos reported that he would take a look at it the next day, and that driveway repairs would be done after the retaining wall projects are complete. He reported that they are wrapping up Phase 2 and getting ready to start Phase 3 of the retaining walls. Then other repairs will be undertaken.
• Residents asked about rules regarding noise and whether there are established “quiet times” (e.g. 9 p.m. to 9 a.m.). Excessive noise at any time is “disturbing the peace” and should be addressed. If the issue occurs at night and immediate assistance is needed, residents should call the non-emergency number for the Sheriff. If it can wait, contact Carlos and he will address it at a later time.

Old Business:

• Community Garage Sale – Tabled until the next meeting, or when a volunteer committee comes forward to coordinate the event.
• HOA Elections – No new candidates came forward for positions on the Board of Directors. The existing officers and directors in attendance agreed to remain in their positions, and this was approved by a consensus vote. Current Board of Directors is as follows: President-Ken Takei, Vice President-Al Servey, Treasurer-Sandra Coine, Secretary-Suzanne Ervine, Director at Large-Susan Kite. There are two vacancies for Directors at Large.
• Meeting Schedule – Don Heck moved that the HOA meeting schedule revert back to bi-monthly, on even-numbered months, pursuant to the Bylaws. Al Servey seconded and the motion passed unanimously.

New Business:

• Rent Control Lawsuit - Ken Takei reported that he attended the SMOAC meeting this month. An attorney will be filing a suit to recover excessive rents collected in violation of the City ordinance, when the law was interpreted or applied incorrectly (100% of CPI). Potential plaintiffs in the case are asked to come forward and contact Jim Montague (SMOAC and Meadowbrook) or Karen Bisegnano (SMOAC and Mission Del Magnolia).

HOA Meeting: Tuesday 5/12, 7:00 p.m.

Join us on Tuesday, May 12 at 7:00 at the Clubhouse.

THIS MONTH: ANNUAL HOA ELECTIONS! IF YOU ARE INTERESTED IN A LEADERSHIP POSITION WITH THE HOA, PLEASE SEND AN EMAIL TO GGMHOA@GMAIL.COM.

Agenda includes:

• Manager’s Update
• Park Conditions, status of management’s responses
• Community Garage Sale
• HOA Elections
• New Business

CRITICAL ALERT: WHAT THE PARK OWNERS COULD NOT ACCOMPLISH WITH PROPOSITION 98, THEY ARE NOW CLOSE TO ACHIEVING WITH AB 761 & AB 481

Below is a letter written by Attorney William Constantine, as published by the Coalition of Mobilehome Owners - California (CoMO-CAL). Urgent action is needed!

CRITICAL ALERT: WHAT THE PARK OWNERS COULD NOT ACCOMPLISH WITH PROPOSITION 98, THEY ARE NOW CLOSE TO ACHIEVING WITH AB 761 & AB 481: STATEWIDE VACANCY DECONTROL & WORSE!

Last year, we stopped the park owners and their allies from getting statewide vacancy decontrol by defeating Proposition 98 by over 1 million votes. In fact, it was defeated by large margins in almost every city and Assembly and Senate district in the State. However, that has not stopped the park owners and their allies in the State Legislature. What the voters would not give to them with Proposition 98, they are close to getting from the California Legislature. Next Wednesday, May 13, 2009, the Assembly Housing Committee will be voting on two bills, AB 761 AB 481, that will achieve what the Park owners failed to get with the defeat of Proposition 98: statewide vacancy control and worse!

AB 761: Establishes statewide vacancy decontrol for all mobilehome rent control. This means your mobilehome park would be free to increase the rent on your mobilehome as high as they want when you go to sell it. This could either prevent its sale or cause you to have to sell your mobilehome for a small fraction of your investment it. This is what has happened at DeAnza Mobilehome Park in Santa Cruz and in Pacific Skies Mobilehome Park in Pacifica.

AB 481: Combined with AB 761, AB 481 will make the life in your mobilehome park far worse than if Proposition 98 had passed! The reason for this is that AB 481 will also greatly expand the categories of mobilehomes that are exempt from mobilehome rent control under various circumstances. Current law, Civil Code section 798.21 only allows a mobilehome park owner to exempt your mobilehome if you take a property tax exemption on another property. It also does not allow your mobilehome to be so exempted if you are either listing it for sale or subleasing it. AB 481 removes the subleasing exception and expands the category of rent control exempt mobilehomes enormously. For example, your mobilehome could be found exempt from rent control if: you have a cosigner on the title to your mobilehome; if you hold title to your mobilehome with your children as joint tenants to make it easier for them to inherit it; if your park owner is able to prove that you have anyone living in your mobilehome whom has not been approved for residency; it would eliminate rent control on your mobilehome if you own another rental property that you are relying on for your retirement income; it would eliminate rent control if you are away from your mobilehome for any, undefined, "significant amount" of time and it would also eliminate mobilehome rent control on your mobilehome when it is inherited unless your heirs quickly move into it.

Both of these bills are in the Assembly Housing Committee and they appear to have the votes to pass. To stop them we need to get as many Homeowners Associations and other sympathetic organizations as possible to immediately fax letters of opposition, on their letterhead, by 4 PM on Tuesday, May 5, 2009. These organizations will be then listed in the Assembly Housing Committee Report as the opponents of the bill. The support that these bills have on the Assembly Housing Committee has caught us by surprise, so we have to quickly.

I have attached model letters on each bill. Your Homeowners' Association's/ or other Organization's should use these model letters, or similar language, on your Homeowners' Association's/ or other Organization's letterhead and then immediately fax these letters to the Assembly Housing Committee whose fax number is 916-319-2061.

Your letters do not have to be long. They can be as short as one line: "Dear Assemblywoman Torres and Members of the Assembly Housing Committee: We are writing to inform you that the John Doe Mobile Home Park Homeowners' Association strongly opposes AB 761 and we strongly urge you to vote against it."

The important thing today and tomorrow is that we get as many Homeowners Associations and other Organizations listed as opponents to these bills as we can. Since we are almost out of time, we can only achieve this only if your Homeowners Association, or other organization, immediately faxes their opposition letters, on their letterhead, to the Assembly Housing Committee to their fax number of 916-319-2061 by 4 PM on Tuesday, May 5, 2009.

If either of the two bills pass out of the Assembly Housing Committee, we will have a hard time stopping them on the Assembly floor. If that occurs, I will be sending you further alerts on what you, your fellow mobilehome owners, and your friends should all do.

Please act now because of we do not act now quickly, our defeat of Proposition 98 will have been for nothing.

Please feel free to call me if you need more information.

Dictated but not proofread to avoid delay.

Sincerely,
Will Constantine

William J. Constantine, Attorney
303 Potrero Street, Building # 29, Suite 104
Santa Cruz, California 95060
Ph. (831) 420-1238
Fax: (831) 480-5934

HOA Meeting: Tuesday 4/14, 7:00 p.m.

Join us on Tuesday, April 14 at 7:00 at the Clubhouse. Agenda includes:

• Manager’s Update
• Park Conditions, status of management’s responses
• Community Garage Sale
• HOA Elections
• New Business

County Prevails in Defamation Lawsuit Brought by Park Owner MHC

Jacob and county win again in mobile-home-parks suit
By Greg Moran, San Diego Union-Tribune

FEDERAL COURT — A federal judge has again ruled in favor of the county and Supervisor Dianne Jacob in a defamation lawsuit brought by the owners of mobile-home parks in East County.

Judge Napoleon Jones ruled that three statements Jacob made in 2002 and 2003 about mobile-home parks owned by MHC Inc. were protected under the state's anti-SLAPP law. That law is aimed at protecting people who speak out from meritless lawsuits aimed at chilling free speech.

MHC, now known as Equity Lifestyle Property, is one of the nation's largest operators of mobile-home parks. Its chairman is Sam Zell, a billionaire who is the head of media conglomerate Tribune Co., which filed for bankruptcy protection this year.

The ruling largely reiterates an earlier ruling by Jones that seemed to end the lawsuit. However, Zell appealed, and last March a three-judge panel of the 9th U.S. Circuit Court of Appeals revived a portion of the lawsuit that focused on three statements Jacob made.

The supervisor said yesterday that the ruling vindicated her statements.

“Most importantly this is a victory for the residents of the Zell-owned mobile-home parks,” she said. “I'm personally grateful for the court for protecting my free speech rights. For the second time.”

A lawyer for MHC did not respond to a phone message left yesterday afternoon.

The company sued the county and Jacob in 2003, after the supervisor blasted MHC on air and in print over plans to increase rents at three mobile-home parks – Rancho Mesa and Rancho Valley outside El Cajon, and Lamplighter Village in Spring Valley.

In 2005, Jones threw out most of the suit, ruling that Jacob's statements were protected. But last year the appeals panel, while upholding most of that ruling, sent the case back to Jones for hearings on whether three statements Jacob made were false.

Those statements were that the company lied about fixing a sewage problem, had a reputation for driving out elderly tenants by increasing rents, and that prosecutors might investigate MHC.

In order to win, MHC had to convince Jones that there was a probability it would win its defamation claims at trial. But the judge said the company did not have enough evidence to show it would win.

On the sewage issue, he said the evidence showed that while the company had tried to fix the problem, it was still not fixed when Jacob made her statement.

He also said the company “has not provided any evidence to indicate that it does not have a reputation for raising rents and forcing out residents.” And he also said that there was evidence that Jacob had spoken to incoming District Attorney Bonnie Dumanis about the situation and Dumanis had said she might be interested in looking into the MHC situation.

“Everything I said was true,” Jacob said yesterday.

The county will now try to recoup costs for defending the suit, said Senior Deputy County Counsel William Johnson. MHC and Zell could also appeal this ruling again, however, but Johnson said he hopes they will not.

“Hopefully they are going to let this one ride,” he said. “We've now prevailed on everything.”

***

Note: MHC, now operating as Equity Lifestyle Properties, also owns Meadowbrook MHP in Santee.

Code of Ethics for Mobilehome Advocates

Reprinted with permission from the Coalition of Mobilehome Owners – California

CoMO-CAL feels that all advocates should adopt a “Code of Ethics.” We, along with the state group in Wisconsin, have written a preliminary “Code.” Today, CoMO-CAL lives by this code.
We would hope other groups do so as well.

Unfortunately this is not always the case. What do you think? If you think all advocates should adopt this code or something similar, please be active in your group of choice. Make your voice heard. Don’t just accept the status quo. After all, advocates are supposed to be working for you!

We, as advocates, agree to:

• Focus on serving our membership and promoting their general welfare
• Provide prospective members a list of our services and the benefits of joining
• Be honest with our members
• Be transparent, i.e. freely share information about our organization: assets and finances
• Be open to member’s suggestions, comments, and criticism
• Respond to members, either verbally or in writing
• Run our organization according to our bylaws and purpose
• When asked a question, we agree to give members all information available to us, i.e. what we can do to help them as well as other advocacy groups (if we know) by a member

We will not:

• Cause harm to those we serve, i.e. homeowners
• Withhold information from our members to promote only ourselves, i.e. homeowners need to know about all advocates who serve them.
• “Stonewall” members or refuse to listen to members in an open discussion

Additionally, we feel advocates should network with each other. This means freely sharing information while giving proper credit for information from other advocates. We realize we have similar issues and it is imperative to work together to provide a united front, even though we are different organizations.

For more information about CoMO-CAL, please visit www.comocal.org.

HOA Meeting Highlights: November 11, 2008

Manager’s Update:

• Residents again asked about Visitor Parking, and how it is often occupied by vehicles belonging to other residents, so guests have difficulty finding a place to park. Residents were instructed to provide specific details of the vehicles in question in writing on a Complaint/Concern Memo and submitted to the office, with a copy to the HOA.
• With the current water shortage and new water restrictions in the City of San Diego, a resident asked about enforcing the rule that driveways should not be hosed off. It was pointed out that some residents are hosing off their driveways and, in addition, are leaving the debris in the street, so that it blows into other residents’ driveways. Management will be sending a park-wide letter reminding residents to conserve water and observe the park rules and basic courtesy.
• The issue of street parking was also raised. Several residents expressed that this is a growing problem. This issue will also be raised in the park-wide letter referenced above.
• Management was asked about the possibility of having recycling containers in the park. Waste Management charges extra for those containers, and there was also a question of where to put the bins. At this point, any recycling we do must be on our own.
• Construction of a retaining wall on the corner near the fire hydrant is planned; no start date has been set. The street is still dug up, with yellow tape around it. Management will not be filling it in due to the imminent construction of the wall in that same location.
• Management is planning another Holiday Dinner; notices will go out the week of Thanksgiving.

Old Business:

“Meet and Consult” Letter to Management – Residents are still concerned about the large trench near the fire hydrant; there are small muddy handprints on the adjacent wall and it appears that children are crossing the yellow tape and playing in that area.

New Business:

Membership Drive – Membership dues are due in January. The Treasurer will circulate a flyer to all residents soliciting them to join, or renew, their membership. Along with that notice, she will circulate a survey to ascertain residents’ interest in various activities and/or services the HOA may offer.

December meeting – Due to everyone’s busy schedules during the holidays, it was decided that the HOA will not meet in December, and will reconvene at our regularly scheduled date and time in January.

HOA Meeting Highlights: October 14, 2008

Manager’s Update:

• On Friday, October 17, water will be out from 9:00 a.m. until 3:00 p.m., while crews cap off the old fire hydrant. The new hydrant is already live.
• Residents asked about the RV storage lot and covering the fence with green mesh as previously promised. Carlos reported that he was looking into where to find the right material, and that he would ask the manager of the park next door, which recently installed this mesh.
• A resident reported that the door to the laundry room near the storage yard was left wide open, and noted that the laundry room has a large window to the RV storage area. Residents asked about putting bars on the window to prevent access. Residents should close and lock the door behind them after using the laundry facilities.
• Carlos reported that he is working with Barbara Wallace, Crime Prevention Specialist with the Santee Sheriff’s Department. Residents are urged to report any suspicious activity. For emergencies, call 911; otherwise, call the non-emergency number. If residents hear no response from the Sheriff in 2 days, call Carlos and he will work with Barbara Wallace to ensure the report is followed up.

Guest Speaker:

Jim Montague, candidate for Santee City Council was present and discussed his candidacy. Jim is a mobilehome resident, active in the current litigation involving Santee’s Manufactured Home Fair Practices Ordinance. Jim reported that there is a hearing on the most recent case involving Meadowbrook residents and the park owner on November 17 in Judge Sturgeon’s courtroom in El Cajon.

Old Business:

“Meet and Consult” Letter to Management – No written response has yet been received to our letter of June 18, 2008. A follow-up letter was drafted after the last meeting, addressing current questions, including the large hole near the fire hydrant. This letter was tabled in light of the manager’s report about the work scheduled to be performed on October 17.

New Business:

Residents raised questions about the possibility of making contributions from the HOA to an injured park resident . HOA Bylaws and the proper role of the HOA in terms of ensuring the welfare of park residents were discussed, in addition to California Revenue & Taxation Code section 23701t, the section under which the HOA has obtained its tax exemption, which states, “No part of the net earnings inures … to the benefit of any private shareholder or individual.” It was agreed that private donations should be made, or an effort should be coordinated by residents, outside of the HOA, for this purpose.

HOA Meeting Highlights: September 9, 2008

Manager’s Update:

• Coyotes are still a problem; many sightings have been reported and more animals missing. Residents are urged to keep all pets indoors.


• Street Parking – several residents again complained about cars parked in front of coaches, and expressed concern regarding access for emergency vehicles. Carlos reported that management is ticketing cars as they see them.


• Park Rules/Appearance Standards – Carlos reported that offenders were notified individually; it was suggested that those who have not complied be notified again and required to clean up debris, etc. “One reason people moved into this park is because it was nice.”

Old Business:

“Meet and Consult” Letter to Management – We have yet to receive a written response to our most recent letter of June 18, 2008. Residents have questions about repairs that have not been made throughout the park, including several retaining walls that are crumbling, leaning, or incomplete, as well as a large hole near the fire hydrant. The HOA will draft another letter to management asking when these repairs will be completed.

New Business:

Meadowbrook resident Jim Montague is running for Santee City Council. Jim is a longtime advocate of senior issues and has led Meadowbrook residents’ fight against MHC, the park owner. He strongly supports Santee’s Mobilehome Fair Practices Ordinance. The Greenbrier Gardens HOA voted to formally endorse Jim Montague for Santee City Council.

Mobilehome Privacy Bill Signed Into Law

Senator Lou Correa (D-Santa Ana) today announced that Governor Schwarzenegger has signed his Senate Bill 1234, to provide mobilehome owners a greater degree of privacy in mobilehome parks.

Senator Correa, Chair of the Senate Select Committee on Manufactured Homes and Communities, said, "Current law specifies that park management cannot enter a mobilehome without the homeowner's written permission, except in an emergency or in the case of abandonment, but permits the management to enter the lot to check on homeowner compliance with park rules and regulations."

"Because some managers have abused this privilege," the Senator emphasized, "by frequent or unannounced inspection of homeowner lots, carports, decks and other accessory structures, and in some cases have been allegedly looking in windows or the home's crawl spaces, homeowners have complained that their privacy is being invaded without notice."

SB 1234 extends the protection afforded homes in parks by current law to enclosed accessory structures, such as garages, storage sheds, cabanas or enclosed decks, some of which are living areas attached to the home, by requiring managers to obtain a homeowner's written permission before they can enter these private areas.

SB 1234 is supported by the California Alliance for Retired Americans, the Congress of California Seniors, and the Golden State Manufactured-home Owners League. As Chapter 115, Statutes of 2008, it will become effective on January 1, 2009.

HOA Meeting Highlights: July 8, 2008

Manager’s Update: Carlos Camacho was present and discussed the following:

• Locking Clubhouse – When asked about reconsideration of the HOA’s suggestion to lock the Clubhouse, in light of the fact that the bathrooms are unlocked making the pool accessible to non-residents, Carlos reported that it would be addressed in writing from Jim Joffe, in response to the HOA's most recent letter.
• RV Storage – Security lights have been installed in the RV storage area. He has proposed to upper management that mesh be installed on the fence adjacent to the apartment complex, as well.
• Dumpsters – When asked about reversing the dumpsters near the car wash, Carlos reported that it was tried once, but that the dumpsters, when full, are very difficult to pull out. They can only be towed from one side, and also only the wheels on one side rotate. Carlos will check with Waste Management about possibly getting another dumpster with wheels that rotate on the other side. Many residents report being unable to close the lids when the dumpsters are in their current position.
• Street Parking – Several residents reported that this is a growing problem. Carlos indicated that he has been asking more people to move their vehicles. It was suggested that he distribute the memo used by prior managers, indicating that illegally parked vehicles will be towed. Residents express frustration and concern of the potential safety issue.
• Dogs – Carlos was asked about a non-resident who frequently brings his pit bull into the park. Carlos indicated that he is the caregiver for his grandmother, a resident, and that it is not a rule violation provided he keeps the dog leashed at all times.
• Coyote Activity – Carlos reported discovering the remains of multiple cats, and several coyote sightings have been reported. It was further determined that some of the “dog” feces previously complained of is probably coyote feces. Residents are urged to keep their pets indoors.
• Remodeling – Carlos announced that HCD is reportedly coming down on residents who are remodeling their coaches without permits. He has a list of the types of projects for which a permit is required; residents are invited to come to the office to get a copy of the list and the permit applications.

Legislative Update: Visit http://groups.yahoo.com/group/comocal/ for statewide mobilehome issues (log on and join for FREE, sponsored by the Coalition of Mobilehome Owners of California)

“Meet and Consult” Letter to Management: Ken and Al met with Carlos to discuss the HOA’s letter to Jim Joffe, dated June 18. Ken reported that management is starting to respond to our concerns and take action more than previously; we are making progress. Jim Joffe is drafting a written response to our letter.

Neighborhood Watch: Susan presented information from Barbara Wallace, Crime Prevention Specialist for the City of Santee. Ms. Wallace is willing to give a presentation to the residents, to help establish a Neighborhood Watch program. It was agreed that Susan would contact her and request that this presentation take place during our next regularly-scheduled meeting (August 12).

UPS Deliveries – Signature Required

According to our UPS driver, all packages delivered in this park now require a signature for delivery. He explained that over the past year or so, there have been a number of thefts of packages left on Greenbrier residents’ doorsteps. As a result of the claims, UPS will no longer make deliveries unless a resident is present to sign for the package.

This is especially inconvenient for those who work during the day, and must make alternate arrangements to pick up packages at the UPS facility. It may be more convenient to have packages delivered to your place of employment, or some other alternate address.

We continue to pay the price for lackadaisical management that permits park rules to go unheeded, and enables unfettered access to non-residents (and certain “unsavory characters”), and contributes to the general decline in the security and quality of life Greenbrier residents once enjoyed.

HOA Meeting Highlights: June 10, 2008

Manager’s Update:
Carlos Camacho was not present. Residents were in attendance to discuss the following issues with park management:

• RV Storage security, and management’s contention that barbed wire is not allowed because it is a “multi-housing community,” yet this park already has a considerable amount of barbed wire, presumably for security reasons.
• Continued questions about office hours, and why they are not being adhered to.
• Still no date set for the completion of the construction project.
• While the lock on pool gate has been installed; residents reported seeing the bathroom doors left unlocked, allowing unfettered access to the pool by non-residents.
• In follow-up to last month’s agreement to turn around the dumpsters by the Car Wash to enable residents to get the lids closed, several residents reported that this was done only once, which worked out quite well, but after that first time, the dumpsters continued to be returned to their old positions which prevent residents from being able to close the lids.
• A potentially hazardous situation with a gas lamp post that has been knocked over; was reported two weeks ago, but still has not been resolved.
• Visitor parking continues to be an ongoing problem, with several residents habitually parking in Visitor parking, again raising the question of what constitutes a “guest” vs. a “resident.”
• Street parking was raised by several residents, who expressed concern that with so many vehicles in the street, it would be difficult for emergency vehicles to maneuver through the park.
• Rules regarding pets are not being enforced; several residents complained of dog waste being left in their yards; rules regarding leashed animals and picking up and properly disposing of feces must be enforced.

Legislative Update:
Prop 98 failed, Prop 99 passed. Rent control and homeowner protections in the MRL continue in full force and effect. Thank you for voting.

Old Business:
“Meet and Consult” Letter to Management – In light of the slow responses, no discernable change in management’s practices, and outright misstatements of fact in correspondence received from both Carlos and George, it was decided that the next letter will be sent up the chain, to J & H corporate, with a copy to Carlos and George.

New Business:
HOA Board Elections – Ballots were cast and counted. The following is the slate of officers and directors for 2008-2009: President-Ken Takei, Vice President-Al Servey, Treasurer-Sandra Coine, Secretary-Suzanne Ervine, Directors at Large-Jay Johnson, Susan Kite, Elena Servey.

HOA Meeting Highlights: May 13, 2008

Manager’s Update:
Carlos Camacho was present and reported the following:

• Bobby no longer works for Greenbrier; new maintenance worker is Brandon.
• Still no date set for the completion of the construction project.
• Lock on pool gate has been installed; key is the same as the lock on the other pool gate.
• One resident suggested that the dumpsters by the Car Wash be turned around, up against the opposite wall, to enable residents to get the lids closed. Carlos agreed that seemed like a good idea and they will try it the next time the trash is emptied.

Legislative Update:
Two “eminent domain” initiatives will be on the June ballot. Proposition 98 is 83% funded by mobilehome park and apartment owners, and will outlaw rent control for mobilehome residents. Proposition 99 affords property owners protection against abusive eminent domain, without the threat to mobilehome owners. Vote NO on 98 and YES on 99!

Old Business:
“Meet and Consult” Letter to Management – Since the last meeting, we have received two letters in response to our continuing “meet and consult” request under Civil Code section 798.53. In a follow-up to the April 8, 2008 meeting, Carlos addressed the following:

• Barbed wire will not be installed to secure the RV Storage area because it is a multi-housing community.
• Management will look into better lighting and security cameras for the RV Storage area.
• Property owner does not want to issue keys for the Clubhouse for security reasons; therefore the Clubhouse will remain open from 9:00 a.m. – 9:00 p.m.

In a letter dated April 18, 2008, George Gregory stetes the following:

• Site inspections are complete
• Office hours – On-site management posts a sign with a return time when the office is closed during normal business hours. The date of the complaint raised at the last meeting was the day of a “J & H Mandatory Manager Meeting.”
• RV Lot Security – the RV Storage Agreement states, “…not responsible for any damages or loss.” The Park is not responsible for damage or loss, and suggest insurance for each vehicle in the lot. Management has secured the area that was broken into.

Office Hours – Several residents again questioned why, when errands need to be run, can’t one person do the errands while the other keep the office open.

Clubhouse Keys – Residents continue to disagree with management’s assertion that it is more secure to leave the Clubhouse open, often unsupervised, from 9:00 a.m. – 9:00 p.m. Many expressed concern about the upcoming summer months and pool usage. It was suggested that the restroom doors be locked to the pool area when the office is closed, to prevent non-residents or unaccompanied guests from going through the restrooms to access the now-locked pool area.

New Business:
Pool Area Rules – Residents would like clarification on the number of guests per resident allowed in the pool at any given time. There were several complaints of individuals hosting several guests, essentially “filling up the pool” and making it difficult for paying residents to use the facility. Clarification and enforcement of the rule is requested. A second pool-issue was raised – that people are often smoking while sitting in the hot-tub or pool. Carlos It is strongly requested that all residents observe common courtesy toward one another in the common areas.

Nominations – HOA elections will take place at the next meeting. Suzanne Ervine, Secretary, is coordinating nominations. Interested residents are urged to volunteer. Contact Suzanne at ggmhoa@gmail.com, or in #9.

HOA Meeting: Tuesday 5/13 at 7:00 p.m.

Please join us on Tuesday 5/13 at 7:00 for our MONTHLY homeowners association meeting.
Discussion topics include:

• Manager's Update
• Legislative Update - Eminent Domain Initiatives
• “Meet and Consult” Letter to Management
• Security/Break-Ins at RV Storage Area
• HOA Board Nominations

Greenbrier Gazette - Newsletter Available Online

A new issue of the Greenbrier Gazette is availalbe online. Click here to download. Copies will also be distributed in the mail tubes.

In a Nutshell:

• HOA meetings now held monthly, second Tuesday
• Park manager attends meetings to address residents’ concerns
• “Meet and Consult” written documentation underway
• This June, vote NO on 98 and YES on 99
• Please don’t feed the animals
• HOA Elections to take place at June meeting
  

HOA Meeting Highlights: April 8, 2008

BIG NEWS: HOA meetings will now be held monthly, on the second Tuesday at 7:00 p.m. Join us and be a part of our efforts to improve park conditions! Next Meeting - May 13.

Manager’s Update:
Carlos was present and reported the following:

• Management has received the HOA’s letter dated March 25; a written response is being prepared.
• Lot inspections have begun; about half the park is completed.
• The owner has approved the lock on the pool gate; the parts are on order.
• The letter to residents regarding the availability of new keys for the laundry facilities will be sent out tomorrow (April 9, 2008).
• RV Security: This issue was discussed at length. Residents are extremely concerned about this recurring problem. The only thing management can do is patch the fence, which he has done with additional sections of fencing material. Management of the apartments next door has been asked to keep an eye on the lot and report suspicious activity. Park owner said “they will look into” additional lighting for the dark areas of the lot. Several residents in attendance made suggestions to address the problem.
• Carlos was asked about office hours, which he reported are being kept. One resident reported that she attempted to speak with him on April 1, rent day, between 2:00 and 2:15 p.m., but the office was locked. Carlos explained that sometimes they are out running errands, and the clock sign is used to indicate when they will return. The question of why both of them are gone, rather than one running the errands and the other one keeping the office hours, went unaddressed.
• Residents requested that chocks be placed under the dumpster wheels because of the danger posed when the wheels line up with the slope of the grade. Sticks or handles were requested to enable shorter residents to close the dumpster lids, which is currently impossible for many residents.
• On a related note, wild animals continue to be a huge problem; they are encouraged by both open dumpsters and residents who feed them. One resident has hired trappers and caught 4 large raccoons, costing him over $500. The professional trappers informed him that many of these raccoons have rabies, and they are not afraid of humans. The HOA requests that management distribute a letter asking people to stop feeding them.

Legislative Update:
Two “eminent domain” initiatives will be on the June ballot. Proposition 98 is 83% funded by mobilehome park and apartment owners, and will outlaw rent control for mobilehome residents. Proposition 99 affords property owners protection against abusive eminent domain, without the threat to mobilehome owners. Vote NO on 98 and YES on 99!

Old Business:
“Meet and Consult” Letter to Management – On March 25, the HOA sent a follow-up letter to management, addressing the issues from the October 12, 2007 letter sent under Civil Code section 798.53 that remain unresolved.

Locked Cabinet – The HOA finally has a cabinet in the Clubhouse kitchen, with a lock, and we have the key.

Meeting Schedule – Meetings have been increased to MONTHLY. Meetings will be held on the second Tuesday of every month at 7:00 p.m. at the Clubhouse. Carlos will be invited to attend all meetings, but only expected to attend the alternate months (February, April, June, August, October, December) as he has presently agreed to do.

HOA Meeting Highlights: February 12, 2008

Manager’s Update: Carlos Camacho was not present. Residents were in attendance to discuss the following issues with park management:

• No progress regarding the hiring of an arborist to remove portions of a tree threatening a homeowner’s coach, as reportedly scheduled at the last meeting.


• Break-ins at the RV storage yard, the compromised fence and lack of security lighting.


• Further questions about office hours, and why they are not being adhered to.


• Continued delays in securing HOA use of a locked cabinet in the Clubhouse kitchen.


• When the hot tub will be repaired, and concern regarding the lack of a return phone call in response to repeated inquiries.

It was suggested that, in the future, a letter be sent prior to each meeting, and a follow-up telephone call be made the morning of the meeting, to confirm whether the manager will be in attendance.

Old Business:
“Meet and Consult” Letter to Management – On November 2, Jim Joffe, president of J & H Asset Property Management sent a letter to the HOA, in response to our letter under Civil Code section 798.53, dated October 12, 2007. Mr. Joffe's letter disagreed with the residents' characterization of conditions in the park, and indicated that George Gregory would meet with the HOA board to discuss the complaints and concerns we raised. On December 19, the HOA Executive Board met with Claudia and Carlos Camacho and George Gregory. The issues were addressed as follows:

• Office Hours – It is management’s understanding that office hours are observed, however they will ask the onsite managers to post a sign “whenever the need arises for them to conduct park business in a location other than the Park office.”


• Availability After Hours – The outgoing answering machine greeting has been modified to inform residents when the office will be closed for holidays, and phones are forwarded to Carlos’s cell phone during emergencies.


• Enforcement of Park Rules – George reported that site inspections would be performed “after the first of the year,” and that he would work with the onsite managers regarding rule enforcement. No specific date was given for the site inspections.


• Parking – Our question regarding clarification of what constitutes a “guest” for parking purposes remains unanswered.


• Maintenance of Common Areas – George will “increase the frequency of inspections to promote good housekeeping.” In addition, Merry Maids has been contracted to provide janitorial services in the Clubhouse.


• Pool Security – Management is not willing to reinstate the practice of locking the Clubhouse. They have agreed to put a lock on the gate adjacent to the Clubhouse, to deter public usage of the park swimming pool. No date was given as to when the lock will be installed.


• Laundry Keys – Mr. Joffe stated that management would “send out a notice asking which homeowners would like a key to the laundry and provide keys to them,” citing the low number of residents who use the facilities, and high cost of providing keys. No date was given when that notice would be sent.


• Completion Date for Construction Projects – Carlos addressed this issue at the December HOA meeting.


• Communication Regarding Disruptions in Utilities or Other Services – Management disagrees with the HOA’s characterization of the communication challenges surrounding park outages.

A letter will be sent as soon as possible, directly to George Gregory, with a copy sent to Carlos. This letter will include follow-up questions regarding the lack of follow-through on several of the above items, as well as new questions listed in the Manager’s Update section, above.

New Business:
RV Storage Security – Two separate incidents were reported, one in which items were stolen from the storage compartments of a resident’s boat, and one in which a resident’s ATV’s were removed from the trailer, tires filled with air, and the ATVs abandoned near the gate. A portion of the fence behind the laundry facilities has been compromised. Several residents expressed concern regarding the lack of adequate lighting.

Wild Animals – Several residents complained about an increase in wild animals, particularly raccoons and skunks, living in the park and damaging their homes. There is concern that some residents are feeding these animals as if they are pets, and leaving the dumpster lids open, encouraging the animals to make Greenbrier their home. All residents are urged to NOT feed the wild animals, and help make sure the dumpster lids remain closed.

Next Meeting (4/8/08):
Meet and Consult Letter to Management
Breakfast Meeting
Recreational Activities
Lock on Cabinet