A Dissertation on the Rights of Homeowners

Leisure World, LWV, is NOT PRIVATE in the sense that no "outsiders are allowed into our gated
community". I cite the example of the Emeritus Group, whereby, in order to sponsor all of the classes, we must allow ANYONE who wishes to register from ANYWHERE outside our walls to participate. The Association, comprised of 18,000 members of the Golden Rain Foundation, is the
ASSOCIATION. This includes GRF, United, Third and Towers 50. Thus, we should ALL be eligible to attend each others meetings and be heard at the proper time.

MUTUALS, have governing rules in their specific By Laws which cover the manner in which the Board shall function. California State Laws, Corporate and Federal Law govern other complex situations within a COMMON INTEREST DEVELOPMENT HOMEOWNERS ASSOCIATION (WHICH WE ARE)!

The above being said, with regard to distribution of literature, etc. within the community, we believe our FIRST AMENDMENT RIGHTS have been SEVERELY VIOLATED with the recent Resolutions proposals providing for restrictions and controls by our Management Company. There is NO REAL DISTURBANCE to residents when individuals or groups wish to disseminate information. This happens very infrequently within the community. Since there are NO neighborhood meeting areas available without renting a room, resident's have no way for area meetings They should be able to voice opinions at each others' meetings or distribute flyers in a discreet way if so desired. At election time, it is a way for our candidates to reach the residents personally. FREEDOM OF INFORMATION IS ONE OF OUR CONSTITUTIONAL RIGHTS.

THE BOARDS, IN COUNSEL WITH OUR MANAGING AGENT, SINCE NOVEMBER OF 2005, has formulated two recent RESOLUTIONS restricting the distribution of Literature and the Electronic Recording of Meetings. NOTHING in the LAW restricts such activities in a public place. There is some very good evidence to support what is being proposed might not hold up under a legitimate legal challenge.

Information mailed to every Board member, on several previous occasions, referenced questions regarding your "INSURABLE RESPONSIBILITIES AS A FIDUCIARY" if you act in matters that "ARE NOT IN THE BEST INTEREST OF THE COMMUNITY". Mr. Marvin Lee, of Feldsott & Lee, Newport, a leading Homeowners Association Attorney, and WELL KNOWN to PCM, wrote a very definitive paper on the question of INSURABLE ACTS OF BOARD MEMBERS and cautioned them that they do NOT ALWAYS HAVE IMMUNITY FROM THEIR ACTS - as you are told over and over again!

As a resident, I CANNOT BELIEVE all of you are NOT so NAIVE that you cannot recognize the DEEPER MEANING CLOSETED IN THE RESTRICTIVENESS OF THE PROPOSED RESOLUTIONS. They are part of a VERY WELL CONCEIVED PLAN to KEEP THE RESIDENTS IN LINE and not allow any of us to have a VOICE or to PROTEST BOARD ACTIONS. This is a SAD, SAD, situation for the 18,000 resident's. We are ALLOWED TO WRITE OUR MONTHLY CHECKS TO LAGUNA WOODS VILLAGE, BUT WE ARE NOT SUPPOSED TO HAVE ANY RIGHTS OR FREEDOMS!

I am asking our United Mutual Board, and all other Boards involved to avoid further challenges and possible unpleasantness by NOT REMOVING FROM THE TABLE THE TWO RESOLUTIONS CONSIDERED AT THE LAST MONTHLY MEETING - NAMELY THE "DISTRIBUTION OF LITERATURE AND PERSONAL ELECTRONIC RECORDING OF MEETINGS. THEY SHOULD BE BURIED FOREVER AND NEVER AGAIN SURFACE IN OUR COMMUNITY.

Sincerely,

Barbara E. Copley
410 Avenida Castilla, Unit D
(949) 583-7462

 

|Home Page|Instructions|Site Map|Agendas|Issues|Documents|