From: lostbits <home_slipbits@yahoo.com 
Sent: Tuesday, October 29, 2019 3:36 PM
To: Charlye Sessner <Charlye.Sessner@associa.us>
Subject: Architectural Stuff

Hey Charlye;

I just thought, a new thing for me, about the 15 Glorieta East board approved change to his outside house. Were you able to get the archived and approved drawings detailing the things done? If so, could you rip them off and send me a copy. If not, how do I get the stuff.

And as to trimming. I trimmed. So far no complaints and my intent is to continue trimming. It’s my stuff and I should do the nasty. No problem on my side. But, if Wayne eventually decides that he wants the stuff trimmed but refuses to let me trim, then there will be an issue.

Hopefully that won’t happen and I won’t be embedded in some sort of conspiracy theory (not bedevilied by facts, of course).

And, how’s the munchkin to be? excited?

Art

Oct. 29, 2019 Denial of Architecture Committee Documents

Subject: RE: Architectural Stuff
From: Charlye Sessner <Charlye.Sessner@associa.us>
Date: 10/29/2019, 3:52 PM
To: lostbits <home_slipbits@yahoo.com

Hi Art,

Thank you for the email. The munchkin and I are growing and healthy! We are very excited to meet her when the time comes in January.

Thank you for trimming the bushes. I will be doing my inspections this week, and will come by to take a look so that I can close out the violation. I am glad the neighbor did not make big deal about the situation, and I appreciate your willingness to get the trimming done.

Unfortunately, the information you requested regarding the neighbors wall is not documentation the Board shares with other homeowners for inspection, so they will not be able to provide a copy to you. Architectural applications and their backup documentation are not part of the open records that can be requested by other homeowners. If there is a concern with the approval, the Board can address that matter directly, but would need more information as to what you are concerned with. I am not sure if his plans needed to be filed with the City of Irvine, but that would be another avenue you could look at to request the documents. Or ask the homeowner directly.

I hope you have a splendid day.

All the best,

Charlye Sessner CMCA®,
CCAM®, AMS®
General Manager
Park Paseo
25 Christamon W
Irvine, CA 92620
Main: 714-730-1560

Oct. 31, 2019 Request for Statutory Support for Denial of Document Request

Subject: Request for Architectural Committee Information
From: lostbits <forum@slipbits.com>
Date: 10/31/2019, 9:51 AM
To: "Charlye <Charlye Sessner" <Charlye.Sessner@associa.us>

Hey Charlye;

Just a thought.

The Association is permitted to sequester and keep secret personnel matters.

The Association is permitted to keep secret competitive bids during the bidding process.

Could you provide a reference to the law, statute or regulation that allows you to keep secret the architectural drawing and formal determination of matters put before the Architectural Committee.

Thanks

art

Nov. 5, 2019 Document Distribution not prohibited

From: lostbits <home_slipbits@yahoo.com
Sent: Tuesday, November 5, 2019 12:52 PM
To: Charlye Sessner <Charlye.Sessner@associa.us>
Subject: Re: Architectural Stuff

Hi Charlye;

I’ve looked at the Architectural Guidelines 2013 and find no rule, reference or regulation which restricts homeowner access to any homeowner submittal to the Architecture Committee. Can you provide me the full text of this restriction, when it was passed and the Committee and/or Home Owner Board Association members yays and nays? The sequestering of any and all information is not mentioned in any publicly available documentation.

Thanks

art

Nov. 5, 2019 Documents are not Association Records

Subject: RE: Architectural Stuff
From: Charlye Sessner <Charlye.Sessner@associa.us>
Date:  11/5/2019 1:30 PM
To: lostbits <home_slipbits@yahoo.com

Hi Art –

No, this governance is a part of California Civil Code, a higher hierarchy than our governing documents and architectural guidelines. Civil Code governs homeowner associations. Civil Code 5200 & 5205 discuss "association records" and what is available for homeowners to review. Architectural applications and backup information is not apart of the association records that are available to review by other homeowners. I have attached links to these civil code references for your review.

https://www.davis-stirling.com/HOME/Statutes/Civil-Code-5200
https://www.davis-stirling.com/HOME/Statutes/Civil-Code-5205

I hope that helps. Please let me know if you have any questions regarding this material.

All the best,

Charlye Sessner CMCA®,
CCAM®, AMS®
General Manager
Park Paseo
25 Christamon W
Irvine, CA 92620
Main: 714-730-1560

Nov. 5, 2019 Civil Code §5200 is not Prohibitory

From: lostbits <home_slipbits@yahoo.com
Sent: Tuesday, November 5, 2019 1:46 PM
To: Charlye Sessner <Charlye.Sessner@associa.us>
Subject: Re: Architectural Stuff

Hi Charlye;

I just took a quick look at the Davis-Stirling Act references you provided. I do not understand your statements that (1) the act allows sequestering of data from homeowner inspection, (2) the act is in any way prohibitory. My casual reading shows just the opposite. In the first cited reference the act specifically mentions documents and classes of documents subject to inspection, and in the second reference (the Act itself) the act specifies both that documents shall be available for inspections and the conditions and costs which moderate those inspections.

Your statement that the Davis-Stirling Act is an overriding prohibition that the State puts on homeowner inspection of information appears to be ill-founded. I hope that you can provide some more definitive documentation to support your sequestering of information. In any case, I will look at the State Civil codes tonight to discover anything which might support the HOA not allowing information to be investigated by homeowners.

thanks

art

Nov. 5, 2019 Civil Code §5200 allows Inspection and Copying

From: lostbits <home_slipbits@yahoo.com
Sent: Tuesday, November 5, 2019 1:58 PM
To: Charlye Sessner <Charlye.Sessner@associa.us>
Subject: Re: Architectural Stuff

Hi Charlye;

Sorry to be such a pest, but if you take a look at Civil Code 5105 Section (1) (2) you will see that "… minutes of member and board meetings are subject to inspection permanently" and so on. In order for there to be any approval of the Architecture Committee of any application , both the application and the minutes must reflect this approval (or denial). This being the case, I would like the minutes and all documentation associated with the approval of the 15 Glorieta East Landscaping request.

Thanks

art

Nov. 5, 2019 Civil Code §5200 is Prohibitory

Subject: RE: Architectural Stuff
From: Charlye Sessner <Charlye.Sessner@associa.us>
Date: 11/5/2019, 2:17 PM
To: lostbits <home_slipbits@yahoo.com

Hi Art –

Only the items listed in civil code 5200 are the items that are open for inspection.

All the best,

Charlye Sessner CMCA®,
CCAM®, AMS®
General Manager
Park Paseo
25 Christamon W
Irvine, CA 92620
Main: 714-730-1560

Nov. 5, 2019 No time to dialog

Subject: RE: Architectural Stuff
From: Charlye Sessner <Charlye.Sessner@associa.us>
Date: 11/5/2019, 2:18 PM
To: lostbits <home_slipbits@yahoo.com

I am currently working on the Board packet for the next meeting and ZI am working with the vendor for the installation of the monument lights. It will take me a few days to look up that documentation, and I will email it to you.

All the best,

Charlye Sessner CMCA®,
CCAM®, AMS®
General Manager
Park Paseo
25 Christamon W
Irvine, CA 92620
Main: 714-730-1560

Nov. 6, 2019 Civil Code §5200 is not Prohibitive by Example

From: lostbits <home_slipbits@yahoo.com
Sent: Tuesday, November 6, 2019  7:47 AM
To: Charlye Sessner <Charlye.Sessner@associa.us>
Subject: Re: Architectural Stuff

Hi Charlye;

I understand your being busy. When you get a chance, please send the materials I originally requested, to wit, the archived and approved drawings detailing the 15 Glorieta East Landscaping. Electronic transmission of all materials is acceptable.

To address the reasons why this request for material is valid, let’s step back and investigate your statement "… (Davis-Stirling) Civil Code governs homeowner associations. Civil Code 5200 & 5205 discuss "association records" and what is available for homeowners to review. Architectural applications and backup information is not apart of the association records that are available to review by other homeowners.".

In order for this to be true, the following (2) conditions must hold:

All items enumerated in the Davis-Stirling Common Interest Development Act (the "Act") shall be available for homeowners review.
All items not enumerated in the Act shall not be available for homeowner’s review.

I have asked for the Architecture Board Meeting Minutes and all adjunctive material associated with the indicated landscape project and you have agreed to supply them. This is an enumerated item within the Act (Civil Code 5210 Section (1) (2)).

With respect to the second item, the ParkPaseoIrvine.com website provides Association documents not otherwise available and not enumerated in the Act. Some of the items include the Architectural Guidelines and Procedures, various seminal documentation on the establishment of this community (see Section 4151 of the California Civil Codes), and the monthly newsletter. The Act has no enumeration of these items. Either the interpretation of the Act is incorrect or the Act enumerates only what is required but does not limit review of other material not enumerated within the Act. If the former then Associa is in violation of the Act. If the latter, then the material requested for review is a legitimate request and must be honored.

I have asked for all material presented and approved by the Architectural Committee with respect to the 15 Glorieta East, Irvine Landscape upgrade (see Architectural Guidelines (B)(2)). The material asked for was in the public domain and was provided to all signatories of the Home Improvement Application (Architectural Guidelines (B)(3)) in order for the proposed upgrade to be evaluated. This material is claimed to be sequestered after Final Approval of the Architecture Committee but not before Final Approval. Nowhere in the Architectural Guidelines is the disposition of this material said to be sequestered from homeowner review.

I understand the delay in providing this material subject to your workload. Understand that this is a homeowner’s request for review under applicable California law and prevailing Association rules.

Thanks

art

Dec. 10, 2019 Civil Code §5200 requires Inspection and Copying

From: lostbits <forum@slipbits.com>
Sent: Tuesday, December 10, 2019 12:43 PM
To: Charlye Sessner <Charlye.Sessner@associa.us>
Subject: Re: Architectural Stuff

Hi Charlye;

Your probably not as busy as when you were busy so I’ll comment. You’re arguments are specious and can’t be taken seriously. If the information requested is not forthcoming I will pursue the matter elsewhere.

As a point, the Davis-Stirling Act specifies documentation required to be presented to home owners. It does not address any other type of document. Your statements to the contrary are specious. Your advocacy of a lost position is beyond belief.

art

Dec. 10, 2019 Board denial of my request is Absolute

Subject: RE: Architectural Stuff
From: Charlye Sessner <Charlye.Sessner@associa.us>
Date:  12/10/2019 2:03 PM
To: lostbits <home_slipbits@yahoo.com

Hi Art,

I am not sure if you read the newsletter, but I am going out on maternity leave in the next two weeks. There is a new manager, Lynn that will be taking over at Park Paseo, as I have also been moved to another position in the company. During this transition, things have been very busy, so I apologize for the delay.

You may feel that way, but the Board does not have to give out architectural applications of one owner’s home to another homeowner in the community. That information is protected and confidential, as are the architectural minutes. Even if you were looking for an approval for your own home, and needed the architectural minutes, I would have to black out all of the other items on those minutes due to their confidential nature, so that it only showed the decision for your residence. The minutes that I referred to in a previous email were the minutes were the Board accepted the architectural committee minutes, I can not actually provide architectural minutes from the meeting.

The board received your request for the documents at their November meeting and denied your request based on the same reasons I have mentioned.

Can I ask, what are your intentions with this information anyway? From the files it looks like it was completed over 10 years ago. What are you hoping is changed? Statute of
limitations on items usually only goes 7 years back.

All the best,

Charlye Sessner CMCA®,
CCAM®, AMS®
General Manager
Park Paseo
25 Christamon W
Irvine, CA 92620
Main: 714-730-1560

Dec. 10, 2019 Documents once Public can not be Sequestered

 From: lostbits <forum@slipbits.com>
 Sent: Tuesday, December 10, 2019 2:38 PM
 To: Charlye Sessner <Charlye.Sessner@associa.us>
 Subject: Re: Architectural Stuff

Hi Charlye;

The completion of the project was, perhaps, 4 years ago. Certainly not more. You are looking at some application that I am unaware of and, presumably, have no interest in. In point of note, I have occupied this property since Sept., 2009, 10 years ago. At that time the work was not completed and not started and my signature was not requested as required by Architectural Committee guidlines.

I keep a history of all information concerning my property. This artifact would comprise part of that history.

Again, your statements are puzzling and make little sense. In order for the Architectural Committee to consider a request the requestor must gather a collection of signatures to affected property owners and present it. In order for the property owners to make some sense out of the request for signature, they must be presented with the property changes being considered. You are stating that once the requisite signatures have been secured and the Architectural Committee approves the request, then the material distributed to the home owners is sequestered. So, your statement is, once seen, nevermore seen. This makes no sense and defies the logic of the issue. If it was initially distributed for comment then at that time it was in the public domain. If it is sequestered after approval then what is to happen with any retained copy of the material. Are homeowners obligated to destroy it? And if homeowners have this obligation, who ensures that such destruction be done? Suppose a homeowner publishes the property changes in his/her possession. Does this violate the Architectural Committee sequestering rules. Suppose such publication is meant to persuade an audience to take action to require the approved request be rescinded, and the published material is inaccurate. Is the Architectural Committee responsible for corrections? If no corrections are made and homeowners take action to rescind approval, what is the role of the Architectural

This whole discussion is foolish and, if necessary, I will be seeking counsel.

You have never informed me that my request was presented to the Architectural Committee or what the results of this presentation was. This is a new piece of information which was not otherwise available. What was the delay in informing me of this? Where are the Architectural Committee minutes which reflect on their consideration. Please send these minutes to me.

You state that the Architectural Committee minutes are secret. The Architectural Committee meeting minutes were presented in open session at the last Board Meeting according to the Board Agenda, as I believe they were for all of 2019 and at least in December, 2018. How can the minutes be both secret and presented?

But this is a side issue. You have stated in multiple emails that the Davis-Stirling Act allows the sequestering of information. I have read this Act. Your statement is pure poppycock! The Act specifies documentation which must be given to home owners but is silent on any other issue. The question still remains as to what authority allows this information to be secret? I can not see any reason why it should be, and have articulated in the past that the barn door was left open when the information was freely given to property owners affected by visible property modifications for which Architectural Committee approval was requested. I mention, briefly, that if an attorney is retained and I prevail then I will require that my attorney fees be paid.

As to your upcoming leave, congratulations and may the best greet you. Have true happiness and joy in your upcoming child (unless you have twins or triplets, then ‘children’ seems more appropriate). I will miss you and hope the best for you.

art

Dec. 10, 2019 The Board is the correct forum

Subject: RE: Architectural Stuff
From: Charlye Sessner <Charlye.Sessner@associa.us>
Date:   12/10/2019 3:04 PM
To: lostbits <home_slipbits@yahoo.com

Hi Art,

Thank you for the clarification on the time line of the wall project approximately 4 years ago.

The signatures on an architectural application are for neighbor awareness only. They are not an approval of the project by the neighbor nor is every neighbor required to sign. The committee usually asks to have 3 signatures on an application, and those can be from the neighbor on either side and/or those across the street. Just because a neighbor signs the agreement that they have been aware of the project, does not mean they are allowed to have access to the application and backup information from our office. If the homeowner wants to ask the neighbor for that information, that is up to them, but the Board is not distributing that information.

My suggestion is that you can discuss this matter with the Board of Directors at their meeting on January 20th (it was pushed back from the normal January 13th meeting due to a conflict). My last day will most likely be sometime next week, and I will not be able to assist you any further because your request was denied by the Board.

All the best,

Charlye Sessner CMCA®,
CCAM®, AMS®
General Manager
Park Paseo
25 Christamon W
Irvine, CA 92620
Main: 714-730-1560

Dec. 10, 2019 Request for Statutory Support lacking

Subject: Re: Architectural Stuff
From: lostbits <forum@slipbits.com>
Date: 12/10/2019, 3:26 PM
To: Charlye Sessner <Charlye.Sessner@associa.us>

Charlye;

You will be missed.

Who has encouraged you to deny my request?

You have not responded to my request that the authorities, statutes, laws and etc. which allows this information to be sequestered be provided. It is clear that the Davis-Stirling Act is inapplicable. What authorities allow the Homeowners Board and/or the Architectural Committee to sequester this information.

You have asked for my intent in making my request. My intent has nothing to do with the legal requirement that the information be provided. My intent can be ignored, castigated as being disingenuous, or in any other way disparaged. This is in no way a reason to deny my request.

What guarantees does the Architectural Committee give that the material relayed for home owner signatures are in fact used in the eventual approved project? I would like a statement from the Architectural Committee that the drawings, statements, and all other materials respective to the visual modification of the property at 15 Glorieta East reflect the as built configuration of this property, and that an inspection by the Committee was performed to ensure that this. Lacking any of this I would like the Architectural Committee to indicate by post or other acceptable means as to the reason verification that the as-built and the before-built constructions are not the same. This is a formal request for consideration and response by the Committee or the Homeowners Board.

The Board and Architectural Committee will fail in court. Who does my attorney have to address?

I defer any action until after you leave.

Thanks

art

Jan. 8, 2020 Architecture Committee asked for Documents

Hand delivered request.

Architectural Committee

This is a request for three things:

All exterior architectural drawings and materials by 15 Glorieta East, Irvine, CA 02620 for the landscape improvement of said property.
All ancillary material presented with the request for Architectural Committee approval of the landscaping project.
The Architectural Committee Meeting Minutes which identify the request as having been approved.

The work was started and completed approximately 4 years ago with approval being given in September or October of that year.

In case of disapproval of this request or redaction of a delivered document, please provide a written explanation.

Electronic delivery of materials are requested.

Feb. 10, 2020 Request Board to allow access to documents

Board meeting was attended. The Board, in the person of the Managing Agent who was presiding, denied my request.

Feb. 12, 2020 Managing Agent denial of Request

Denial letter

Feb. 14, 2020 Request for Legal Reasoning

Request for Legal Reasoning

Feb. 14, 2019 Letter to Board President

Gus Aarnaes
President
Park Paseo Homeowners Association
25 Christamon West
Irvine, CA 92620

Gus;

I didn’t see you at the last Board Meeting. I hope everything is alright.

I have a question as to the role that Lynn Wyatt has on both the Board and the Architectural Committee. She seems to be an in-charge type of person but she is not, and can not, be a Board or Architecture Committee member. Her legal role is as General Manager, a position contracted by the Park Paseo Homeowner’s Association (PPHOA) Board on behalf of the Park Paseo Homeowner’s Association members. What is her role? Can she make decisions independent of Board or Committee member concurrence without approval by either? And, can she speak for the member’s, or the member’s representatives? I have noticed that she appears to be speaking as both the PPHOA Board Chair and as ts the PPHOA Architectural Committee Chair. I don’t believe the Davis-Stirling Act provides for any non-member to speak on behalf of member’s of an Association, and yet, that is exactly what she appears to be doing.

The Davis-Stirling Act is quite clear as to who can be a member of any Park Paseo Association Committee or Board. A member can only be someone who has an ownership interest in a home in our community. And the PPHOA Board is an elective position while Committees are appointed positions. In either case, member’s of the Board or any Committee must have ownership interest in a home. See §4160, §5105(b). In addition, there is a potential conflict of interest if a Managing Agent, a paid employee of a firm retained by the PPHOA Board to manage PPHOA assets, and election to the PPHOA Board or Board appointed committee.

Can you please explain her position and with what right she has to speak for the PPHOA Board or the PPHOA Architecture Committee.

As an additional interest, no Board Minutes have been posted on the www.parkpaseoirvine.com website since Aug. 2019. Could you see that the Board minutes are posted.

I can be reached by post, email or phone.

Feb. 16, 2019 Request Electronic Delivery

Gus Aarnaes
President
Park Paseo Homeowners Association
25 Christamon West
Irvine, CA 92620

Gus;

I request electronic delivery by email of all Park Paseo Homeowners Association (PPHOA) Board Agenda and PPHOA Board minutes, PPHOA Architecture Agenda and PPHOA Architecture minutes plus all other items that are General Documents and other documents delivered by Individual Delivery, Electronic Delivery, Special Courier, or the United States Postal Service (USPS) to all PPHOA members. This includes, but is not restricted to include, all financial documents including the Annual Budget Report, the Annual Policy Statement, and Annual Audit.

If any part of this request is denied, please provide a written statement showing the legal or statuary basis of the denial. Delivery by the statement and reasons for denial are requested to be by email or by email and USPS mail delivery.

I can be reached by post, email or phone.

Feb. 18, 2020 Request for email Access to Board

Subject: Response to email of 12 Feb 2020
From: lostbits <forum@slipbits.com>
Date: 2/18/2020, 6:04 AM
To: Lynn.wyatt@associa.us

Lynn;

I have sent a response to your letter of 12 Feb 2020 by certified mail. You should receive it on 18 Feb 2020. The letter sent to you is cc’s to Gus Aarnaes, the President of the PPHOA, This keeps the Board ‘in-the-loop’ on our discussions.

If there is an electronic forum for me to send Board directed or Board Director directed letters would you please send this to me. The park paseo website does not have contact addresses for the board.

I am including an Acrobat formatted (pdf) copy of the sent letter for your review.

Thank you for your attention;

art

Attachments:
Response to Mail

Feb. 18, 2019 Letter to Board President

Subject: Board Business
From: lostbits <forum@slipbits.com>
Date: 2/18/2020, 6:44 AM
To: "g_v.aarnaes@att.net" <g_v.aarnaes@att.net>

Hi Gus;

Missed you at the last Board Meeting.

As Prez of the Board I sent you, c/o the Clubhouse, some documents. I just realized that I have your email, and with your permission, I can email you directly. If you would rather that I send all Board specific email to another email address, please send me this address for future reference.

That being said, you’re the prez.

The documents are as follows:

Lynn Wyatt letter. Letter received from Ms. Wyatt concerning my request for access to Architecture Meeting minutes et alia.

Response to Wyatt letter. Response to the letter above. In summary, the letter is not responsive to the statutory requirements given in the Davis-Stirling Act.

Board Letter. A concern that I have concerning Lynn Wyatt’s participation in the 10 Feb Board Meeting. The Davis-Stirling Act specifies the role that the Managing Agent has at Board meeting, to wit, the Board President and Board Directors run the meeting, the Managing Agent does not. Further, the Board can not delegate its responsibilities to any non-Association member, and can only delegate some, not all, its responsibilities to committees established by the Board or part of the association original documentation. The only such committee that the Association has is the Architecture Committee.

art schwarz

Attachments:
Lynn Wyatt Letter
Board Letter
Response to Lynn Wyatt

Feb. 20, 2020 Letter from Association Attorney

Letter Supporting Denial

Feb. 24, 2020 Response to Attorney Letter

Response

Feb. 24, 2020 Request for Board Documents

Subject: Re: January Board Agenda and Minutes
From: lostbits <forum@slipbits.com>
Date: 2/25/2020, 12:25 PM
To: lynn.wyatt@associa.us

Lynn;

Could you please email me the January, 2020 Board Agenda and Minutes.

Thanks;

art

Feb. 25, 2020 Reply to Request for Board Documents

Subject: RE: January Board Agenda and Minutes
From: Lynn Wyatt <Lynn.Wyatt@associa.us>
Date: 2/25/2020, 1:39 PM
To: lostbits <forum@slipbits.com>

Per your request.

Lynn Wyatt
General Manager
Park Paseo
25 Christamon W
Irvine, CA 92620
Main: 714-730-1560
Lynn.wyatt@associa.us

Associa® Delivering unsurpassed management and lifestyle services to communities worldwide.
27051 Towne Centre Drive  STE 200
Foothill Ranch, CA  92610
Office: 949-768-7261

Visit us online: www.AssociaOnline.com

Three ways to connect:

Subscribe to the blog • Like us on Facebook • Tell us about your experience!

Notice: This e-mail message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Please virus check all attachments to prevent widespread contamination and corruption of files and operating systems. The unauthorized access, use, disclosure, or distribution of this email may constitute a violation of the Federal Electronic Communications Privacy Act.

Attachment:
Agenda
Minutes

Feb. 26, 2020 Request for Board Documents

From: lostbits <forum@slipbits.com>
Sent: Wednesday, February 26, 2020 8:12 AM
To: Lynn Wyatt <Lynn.Wyatt@associa.us>
Subject: February Agenda and Minutes

Lynn;

Could you please email me the February Agenda and Minutes.

Thanks

art

Feb. 26, 2020 Reply to Request for Board Documents

Subject: RE: February Agenda and Minutes
From: Lynn Wyatt <Lynn.Wyatt@associa.us>
Date: 2/26/2020, 9:32 AM
To: lostbits <forum@slipbits.com>

Per your request.

Kindly,

Lynn Wyatt
General Manager
Park Paseo
25 Christamon W
Irvine, CA 92620
Main: 714-730-1560
Lynn.wyatt@associa.us

Associa® Delivering unsurpassed management and lifestyle services to communities worldwide.
27051 Towne Centre Drive  STE 200
Foothill Ranch, CA  92610
Office: 949-768-7261

Visit us online: www.AssociaOnline.com

Three ways to connect:

Subscribe to the blog • Like us on Facebook • Tell us about your experience!

Notice: This e-mail message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Please virus check all attachments to prevent widespread contamination and corruption of files and operating systems. The unauthorized access, use, disclosure, or distribution of this email may constitute a violation of the Federal Electronic Communications Privacy Act.

Attachment:
Agenda
Minutes

Mar. 2, 2020 Request for Board Documents

Subject: RE: Please send me the Nov, 2019 Board Minutes
From: Lynn Wyatt <Lynn.Wyatt@associa.us>
Date: 3/2/2020, 8:44 AM
To: lostbits <forum@slipbits.com>

Per your request.

Kindly,

Lynn Wyatt
General Manager
Park Paseo
25 Christamon W
Irvine, CA 92620
Main: 714-730-1560
Lynn.wyatt@associa.us

Associa® Delivering unsurpassed management and lifestyle services to communities worldwide.
27051 Towne Centre Drive  STE 200
Foothill Ranch, CA  92610
Office: 949-768-7261

Visit us online: www.AssociaOnline.com

Three ways to connect:

Subscribe to the blog • Like us on Facebook • Tell us about your experience!

Notice: This e-mail message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Please virus check all attachments to prevent widespread contamination and corruption of files and operating systems. The unauthorized access, use, disclosure, or distribution of this email may constitute a violation of the Federal Electronic Communications Privacy Act.

Attachment:
Minutes

Mar. 4, 2020 Letter from Association Attorney

Letter

Mar. 9, 2020 Presentation to Board

Board Presentation
Request for Internal Dispute Resolution (IDR)

Mar.10, 2020 IDR to Managing Agent

Subject: Mar 3 2020 requests
From: lostbits <forum@slipbits.com>
Date: 3/10/2020, 9:00 AM
To: Lynn Wyatt <Lynn.Wyatt@associa.us>

Lynn;

At the Board meeting on 3 Mar I requested the following documents and provided a request for an IDR. This email provides a record of those requests and the IDR. All requests an other information is with the document that I gave to Gus Aarnaes, the Board President.

Requests: Full Unaudited Budget
   Reserve Data Analysis
   Associa Contract with Association
   All General Notices sent by email

Until our website is fully updated with Board Agenda and Minutes, please email them to me. I will note that the Board Minutes website update was terminated in Sep, 2019 and the Agenda and Newsletter updates were terminated in Jan 2020.

Thank you

art

Attachment:
IDR

Mar. 12, 2020 Response to Document Request

Subject: Park Paseo Reserve Study and 2020 Budget Packet
From: Lynn Wyatt <Lynn.Wyatt@associa.us>
Date: 3/12/2020, 10:44 AM
To: lostbits <forum@slipbits.com>
CC: Lynn Wyatt <Lynn.Wyatt@associa.us>

Per your request.

Kindly,

Lynn Wyatt
General Manager
Park Paseo
25 Christamon W
Irvine, CA 92620
Main: 714-730-1560
Lynn.wyatt@associa.us

Associa® Delivering unsurpassed management and lifestyle services to communities worldwide.
27051 Towne Centre Drive  STE 200
Foothill Ranch, CA  92610
Office: 949-768-7261

Visit us online: www.AssociaOnline.com

Three ways to connect:

Subscribe to the blog • Like us on Facebook • Tell us about your experience!

Notice: This e-mail message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Please virus check all attachments to prevent widespread contamination and corruption of files and operating systems. The unauthorized access, use, disclosure, or distribution of this email may constitute a violation of the Federal Electronic Communications Privacy Act.

Attachments:
2020-002 Full Report
2020 Budget Mailer

Mar. 12, 2020 Repeated Request for Associa Contract

Subject: Re: Park Paseo Reserve Study and 2020 Budget Packet
From: lostbits <forum@slipbits.com>
Date: 3/12/2020, 12:09 PM
To: Lynn Wyatt <Lynn.Wyatt@associa.us>

Thanks Lynn.. The attachments do not contain the Associa contract with the Park Paseo Homeowners Association. Could you please email me that?

thanks

art

Mar. 13, 2020 email Board Presentation

Subject: Board Presentaiton
From: lostbits <forum@slipbits.com>
Date: 3/13/2020, 11:49 AM
To: Lynn Wyatt <Lynn.Wyatt@associa.us>

Lynn;

The attached document was given by personal delivery to Gus Aarnaes, the President of the Board of Directors of the Park Paseo Homeowners Association, at the 9 Mar 2020 Board Meeting

Tables suffixed at the end of the document support references within the document to the legitimacy of statements written. These references are to the Association Bylaws and CC&Rs, and to the California Civil Codes, herein known as the Davis-Stirling Act. Each referenced item contains a text extract from the underlying document which identifies the point being made, with ellipses included to identify portions of the original statements elided in the summary. The references are everywhere available for independent inspection and validation by you, the Board, or any staff or employee of the Association.

This document stands as a written communication and formal request to the Board of all items contained therein. Some of the items were discussed during open session, but the remainder were truncated by Gus Aarnaes because of time constraints.

You have provided some of the items requested in this document as per my email of 10 Mar 2020.

The full text of my request for an IDR is nowhere contained within the document but has been separately provided by personal delivery to Gus Aarnaes at the Board Meeting while in session, and to you by in the 10 Mar 2020 email.

In apology I have found that item 1(b) "Website missing an Architecture Committee Form" is available on the Association Website. The assumed missing document is the "Park Paseo Non-paint App".

Please pass this on to the Board as directed by Gus Aarnaes or as you see fit.

Thank you;

art

Attachments:
Board Pesentation

Mar. 13, 2020 Acknowledgement of Board Presentation

Subject: RE: Board Presentaiton
From: Lynn Wyatt <Lynn.Wyatt@associa.us>
Date: 3/13/2020, 12:29 PM
To: lostbits <forum@slipbits.com>
CC: Lynn Wyatt <Lynn.Wyatt@associa.us>

Your email has been received and being processed appropriately.

Kindly,

Lynn Wyatt
General Manager
Park Paseo
25 Christamon W
Irvine, CA 92620
Main: 714-730-1560
Lynn.wyatt@associa.us

Associa® Delivering unsurpassed management and lifestyle services to communities worldwide.
27051 Towne Centre Drive  STE 200
Foothill Ranch, CA  92610
Office: 949-768-7261

Visit us online: www.AssociaOnline.com

Three ways to connect:

Subscribe to the blog • Like us on Facebook • Tell us about your experience!

Notice: This e-mail message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Please virus check all attachments to prevent widespread contamination and corruption of files and operating systems. The unauthorized access, use, disclosure, or distribution of this email may constitute a violation of the Federal Electronic Communications Privacy Act.

Mar. 24, 2020 IDR Response from Attorney

IDR Response from Attorney

Mar. 26, 2020 Reply to Attorney IDR Response

David E. Cane
Cane, Walker & Harkins LLP
17821 East Seventeenth Street
Suite 140
Tustin, CA 92780
Telephone (714) 573-8990
Facsimile (714) 573-8999

Mr. David E. Cane

Re:Park Paseo Homeowners Association

Subject:Meet and Confer Regarding Your Request to Receive
Copies of an Owner’s Architectural Plans and
Architectural Committee Meeting Minutes

Dear Mr. Cane;

I am writing this to indicate that a four (4) week delay for personal delivery of an IDR (Civil Code §5915(b)(1)) request is not ‘Prompt’ (Civil Code §5915(b)(4)). In order to not delay this proceeding further I suggest a meeting during the week of 29 Mar 2020 at a mutually agreed time and place (Civil Code §5915(b)(4)). I can be contacted by phone, email, or post.

I will be in town during the week suggested.

Please be advised that this letter is not an invitation for further discussion or debate – the matter is closed and will not be discussed further.

Very truly yours,

Arthur Schwarz

Mar. 27, 2020 Unable to Meet Week of 29 Mar 2020

Subject:Park Paseo
From: “David Cane” <dcane@linkline.com>
Date: 3/27/2020, 1:07 PM
To: <forum@slipbits.com>

Dear Mr. Schwarz,

Regarding your facsimile received yesterday, for our safety and the safety of our families, we will be abiding by the Governor’s Order, which at the present does not allow for a meeting next week. If circumstances should change, I will be in touch.

David E. Cane, Esq.
Cane, Walker & Harkins LLP
17821 E. 17th Street
Suite 140
Tustin, CA 92780

(714) 573-8990
(714) 573-8999 (Fax)
Email: dcane@linkline.com

Mar. 27, 2020 Use Digital Communication to Meet

Subject:Re: Park Paseo
From: lostbits <forum@slipbits.com>
Date: 3/27/2020, 1:24 PM
To: dcane@linkline.com

Dear Mr. Schwarz;

Thank you for your letter. I intend to abide by the Governor’s Order also. It is a wise thing in these times of turmoil. But that does not foreclose on a meeting. The following meeting mechanisms are available which do not require use to congregate, and therefor, in following any of the methods indicated we will all be abiding by the Governor’s Order:

For two party conversations:

email.
Direct contact by telephone.
Skype, which allows a two party audio and video.

For multi-party conversations I would not recommend email:

Telephone conference call.
Skype, which allows multi-party audio and video.
Adobe Connect, which allows multi-party video.
WebEx, which allows multi-party audio and video.
And others.

I notice that Mr. Aarnaes has a Skype account. I believe that you do also.

If please click on Skype to get more information on multi-party Skype connections. I have to admit that I didn’t do a diligent investigation. This is only the first site found on the list presented after an internet search. I am sure there are more.

As to WebEx and Adobe Connect, I didn’t pursue them.

So my meeting request stands. I would like to complete the IDR meeting next week. I am sure that Governor Newsome will extend the Governor’s Order, and I am sure that the delay in this meeting can take place without violating the order, and in keeping with protecting our safety and safety of our families.

Arthur Schwarz
17 Glorieta East
email: forum@slipbits.com

Apr. 3, 2020 Request for Telconference Meeting

Subject:Re: Park Paseo
From: David Cane <dcane@linkline.com>
Date: 4/3/2020, 10:12 AM
To: lostbits <forum@slipbits.com>

Good morning.

Are you available for a conference call this coming Monday at 10:00 a.m.?

David E. Cane, Esq.
Cane, Walker & Harkins LLP
17821 E. 17th Street
Suite 140
Tustin, CA 92780

(714) 573-8990
(714) 573-8999 (Fax)
Email: dcane@linkline.com

Confidentiality Note: This email message, and any documents accompanying it may contain information which is confidential and/or legally privileged. The information is intended only for the use of the individual or entity named on this email. If you are not the intended recipient you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this email information is strictly prohibited and the documents should be returned to Cane, Walker & Harkins immediately. In this regard, if you have received this email in error, please notify us by return email or by telephone immediately, delete the email and all attachments and destroy all hard copies of same. Thank you for your cooperation.

Apr. 3, 2020 Response to meeting request

Subject:Re: Park Paseo
From: lostbits <forum@slipbits.com>
Date: 4/3/2020, 12:19 PM
To: dcane@linkline.com

yes.

Apr. 6, 2020 10:00 AM IDR Meeting Minutes

Summary
Mr. Cane of Cane, Walker & Harkins LLP was not present (see 3 Apr 2020 email). Mr. Gus Aarnaes, President of the Board of Directors, would not engage in an IDR without the Association attorney. Mr. Aarnaes offered to reschedule the meeting to a later time. Mr. Schwarz refused stating that this meeting was initiated five (5) weeks after presentation of the IDR request and could not be considered ‘prompt’ within the meaning of Civil Code §5915(b)(4)), and a further delay was not acceptable. At 10:20 AM the IDR was canceled.

Prior to the close of the meeting several other topics were discussed.

Several documents were requested (given below) after the issuance of the IDR request and were not provided. Given the elapsed time between request and this date, it is assumed that the lack of providing of these documents was a denial. The documents are:


Document	Requests	Civil Code
Associa Contract	9 Mar(12), 10 Mar, 12 Mar	§5200(a)(4)
Associa Billing wrt Architecture Committee	9 Mar(14)	§5200(b)
Electronic delivery of Board Agenda	16 Feb, 9 Mar(11)	§4045(a), §5200(a)(8), §5205(a)
Electronic delivery of Board Minutes	16 Feb, 9 Mar(11)	§4045(a), §5200(a)(8), §5205(a)

Mr. Schwarz requested clarification of the Board intent on treating these documents; would the Board prefer to provide the documents to Mr. Schwarz, or to include the document request as part of the current IDR, or to create a new IDR to cover the request. Mr. Aarnaes expressed that the current IDR was for addressing Architectural Committee documents and that the proper forum was a new IDR. However in further discussion the IDR should only cover the Associa Contract and Associa Billing.

Mr. Aarnaes was unaware that the Association website did not have the Board Agenda and Minutes online (see 9 Mar 2020 Board Presentation(1)(a)). He was unaware that Board Minutes on our website terminated as of Sep. 2019 and that the Board Agenda and Newsletter posting on the Association website was terminated as of Jan. 2020.

Mr. Schwarz brought up that at the 9 Mar 2020 Board Meeting the current Managing Agent, Lynn Wyatt, said that she was unable to update the website because she lacked the necessary password but that she now had it.
Mr. Schwarz brought up that it has been a month (5 weeks) since the statement was made and that there was no change to the website as of 5 Apr 2020. Mr. Aarnaes stated that he would look into the matter.
Mr. Schwarz brought up that the only way a copy of the Board Agenda could currently be obtained was to be physically present at a Board Meeting and that this introduced an issue with Shelter-in-Place.
Mr. Schwarz brought up that the Board Meeting Minutes were nowhere available.
Mr. Schwarz past requests were for electronic delivery of the documents. Mr. Schwarz requested that Mr. Schwarz be put on the same electronic distribution list as Board Directors.
(ed. If the required information is hosted onto the Association website then the concerns are moot, otherwise the issue of electronic delivery remains).

We discussed the framework of the IDR. Mr. Aarnaes stated that it was his understanding that the IDR was specific to Mr. Schwarz’s request for a particular Architecture Committee document(s), and that Mr. Schwarz had been given inspection rights to the document(s) in question. I stated that it was more general (see 9 Mar 2020 IDR request), and that it was for inspection and copy rights to all Architecture Committee documents commencing on Jan. 1, 2007 (see Civil Code §5210(a)(2)).

Mr. Aarnaes expressed ignorance of the law and stated that to keep the Association free of liability the Association’s attorney was required to be present. I suggested that the Davis-Stirling Act was clear, and in this matter, suggested that Mr. Aarnaes look at https://findhoalaw.com/committee-meeting-minutes/ for an interpretation of the relevant statutes. Mr. Schwarz also stated that his belief was that he would prevail in court and that the Association costs would be high. Mr. Schwarz suggested that if this does lead to a court case and if he prevails, then the Association is best served with another attorney. Further, any attorney affiliated with the Association must put the law before the Board’s desires in attempting to resolve disputes.

Apr. 6, 2020 Unable to attend IDR

Subject:RE: Park Paseo IDR Telephone Conference Call
From: David Cane <dcane@linkline.com>
Date: 4/6/2020, 10:04 AM
To: <cwh_office@linkline.com>, “‘lostbits'” <forum@slipbits.com>

Good morning. The dial-in number is not working. I will have to contact the conference service and reschedule the call. I apologize for the inconvenience.

David E. Cane, Esq.
Cane, Walker & Harkins LLP
17821 E. 17th Street
Suite 140
Tustin, CA 92780

(714) 573-8990
(714) 573-8999 (Fax)
Email: dcane@linkline.com

Apr. 6, 2020 email of IDR Meeting Minutes

Subject:(non-approved) IDR Meeting Minutes
From: lostbits <forum@slipbits.com>
Date: 4/6/2020, 2:16 PM
To: g_v.aarnaes@att.net <g_v.aarnaes@att.net>

Gus;

I have included a copy of the IDR Meeting I took during the meeting. If you find issue with items then I will consider changing them, but if not changed, will include your reservations without further comment. If there is an agreement that the minutes are correct then they will become “approved”.

Thank you;

art schwarz

Attachments:
IDR_Meeting_Minutes

Apr. 6, 2020 IDR for Association Records and Enhanced Association Records

Subject:IDR for Association Records and Enhanced Association Records
From: lostbits <forum@slipbits.com>
Date: 4/6/2020, 3:00 PM
To: Lynn Wyatt <Lynn.Wyatt@associa.us>
Cc: g_v.aarnaes@att.net

This is a request to the Board for an IDR to discuss the Board providing request Association Records and Enhanced Association Records.

Thank you;

Arthur Schwarz

Attachments:
IDR_Documents.pdf

Apr. 6, 2020 RE: IDR for Association Records and Enhanced Association Records

Subject:RE: IDR for Association Records and Enhanced Association Records:
From: Lynn Wyatt <Lynn.Wyatt@associa.us>
Date: 4/6/2020, 3:01 PM
To: lostbits <forum@slipbits.com>
Cc: g_v.aarnaes@att.net

Received, thank you.

Lynn Wyatt
General Manager
Park Paseo
25 Christamon W
Irvine, CA 92620
Main: 714-730-1560
Lynn.wyatt@associa.us

Associa® Delivering unsurpassed management and lifestyle services to communities worldwide.
27051 Towne Centre Drive  STE 200
Foothill Ranch, CA  92610
Office: 949-768-7261

Visit us online: www.AssociaOnline.com

Three ways to connect:

Subscribe to the blog • Like us on Facebook • Tell us about your experience!

Notice: This e-mail message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Please virus check all attachments to prevent widespread contamination and corruption of files and operating systems. The unauthorized access, use, disclosure, or distribution of this email may constitute a violation of the Federal Electronic Communications Privacy Act.

Apr. 6, 2020 Request for an ADR for Architecture Documents

Subject:Request for an ADR for Architecture Documents
From: lostbits <forum@slipbits.com>
Date: 4/6/2020, 3:40 PM
To: Lynn Wyatt <Lynn.Wyatt@associa.us>
Cc: Gus <gelabed95@yahoo.com>

This is a request for an ADR to resolve issues concerning inspection and copying of Architecture Committee documents. This request is made subsequent to a failed IDR for the same issues.

Thank you;

Arthur Schwarz

Attachments:
Architecture_ADR.pdf

Apr. 6, 2020 RE: Request for an ADR for Architecture Documents

Subject:RE: Request for an ADR for Architecture Documents
From: Lynn Wyatt <Lynn.Wyatt@associa.us>
Date: 4/6/2020, 4:08 PM
To: lostbits <forum@slipbits.com>
Cc: Gus <gelabed95@yahoo.com>

Received, thank you.

Lynn Wyatt
General Manager
Park Paseo
25 Christamon W
Irvine, CA 92620
Main: 714-730-1560
Lynn.wyatt@associa.us

Associa® Delivering unsurpassed management and lifestyle services to communities worldwide.
27051 Towne Centre Drive  STE 200
Foothill Ranch, CA  92610
Office: 949-768-7261

Visit us online: www.AssociaOnline.com

Three ways to connect:

Subscribe to the blog • Like us on Facebook • Tell us about your experience!

Notice: This e-mail message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Please virus check all attachments to prevent widespread contamination and corruption of files and operating systems. The unauthorized access, use, disclosure, or distribution of this email may constitute a violation of the Federal Electronic Communications Privacy Act.

Apr. 8, 2020 Request for acknowledgment of receipt of IDR Meeting Minutes

8 Apr 2020
Gustav Aarnaes, President
Board of Directors
Park Paseo Homeowners Association

Mr. Aarnaes;

This letter is sent by certified mail, Certification # 7019 2280 0001 4257 9810.

An attempt to email my copy of the IDR Meeting Minutes was made on 6 Apr 2020 and 7 Apr 2020. The 7 Apr 2020 email was sent to you and the Managing Agent of the Park Paseo Homeowners Association. An acknowledgment was not received which may indicate that your email providers were unsuccessful in delivering the Minutes to you.

Please take a moment to review the Minutes and provide corrections. If I do not hear from you within 3 days of receipt of this email I will assume that you find the IDR Meeting Minutes accurate and approve of them.

If you have any questions I can be contacted below.

Thank you;

Arthur Schwarz

Attachments:
IDR_Meeting_Minutes

NOTE: Confirmation signed on 10 Apr at 9:00AM

Apr. 23, 2020 Board & Architecture Document requests

Subject:Board & Architecture Document requests
From: lostbits <forum@slipbits.com>
To: Lynn Wyatt <Lynn.Wyatt@associa.us>
Date: 4/23/2020, 8:00 AM

Lynn;

Could you please send me the March Board Minutes and the Architecture Committee Agenda/Minutes/Documents for January and February.

thanks
art

Apr. 23, 2020 RE: Board & Architecture Document requests

Subject:RE: Board & Architecture Document requests
From: Lynn Wyatt <Lynn.Wyatt@associa.us>
To: lostbits <forum@slipbits.com>
Date: 4/23/2020, 1:52 PM

Good Afternoon…per your request above please find March 2020 General Session Board meeting Minutes; Agendas & Minutes from the Architectural Meetings – January through April. I’m still working on Minutes from last night’s Architectural Meeting and they won’t be available until their complete. Other architectural documents (ie: Architectural Applications) will not be included due to personal homeowner information on those documents.

For your information, the Board voted at the April meeting to start putting the Architectural Meeting Agendas and Minutes on the website starting June 1st. Again, applications will not be put on the website, nor distributed, due to personal homeowner information.

Stay well.

Lynn Wyatt
General Manager
Park Paseo
25 Christamon W
Irvine, CA 92620
Main: 714-730-1560
Lynn.wyatt@associa.us

Associa® Delivering unsurpassed management and lifestyle services to communities worldwide.
27051 Towne Centre Drive  STE 200
Foothill Ranch, CA  92610
Office: 949-768-7261

Visit us online: www.AssociaOnline.com

Three ways to connect:

Subscribe to the blog • Like us on Facebook • Tell us about your experience!

Notice: This e-mail message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Please virus check all attachments to prevent widespread contamination and corruption of files and operating systems. The unauthorized access, use, disclosure, or distribution of this email may constitute a violation of the Federal Electronic Communications Privacy Act.

Attachments:
3-9-2020 GENERAL SESSION
Architectural Committee Agenda Feb. 26, 2020
Architectural Committee Agenda Jan 8 2020 for DEC Mtg
Architectural Committee Agenda Jan 29, 2020
Architectural Committee Agenda MARCH 2020
Architectural Committee Homeowner Agenda April 22, 2020
Architectural Committee Minutes 1-8-20
Architectural Committee Minutes 1-29-20 (1)
Architectural Committee Minutes 2-26-2020
Architectural Committee Minutes 3-25-2020

Apr. 24, 2020 IDR Record Request Honored

Subject:ArchitectureCommittee Records
From: lostbits <forum@slipbits.com>
To: “g_v.aarnaes@att.net” <g_v.aarnaes@att.net&gt
Date: 4/24/2020, 11:11 AM

Gus;

Thank you for allowing me to receive the requested Architecture Committee documents. This effort terminates my outstanding ADR request.

I must comment on the overall professional acumen of the Association attorney. I look as his first two letters as an attempt to intimidate, an “I am smarter than you” type of letter. The last was an attempt to continue to secure the Association as a client. In both cases this should be a clue to you as to the underlying capabilities and professionalism of this attorney. The Association needs someone reliable that can steer the Association in the correct direction, and who will not cause additional cost and effort by the Association. This is not that person.

If this issue had gone to trial the potential costs would have very large. My attorney’s fees are $395/billable hour. In addition and at the judges discretion the Association could have been charged $500 per denied document by Civil Code §5235(a). The requested documents are from Jan. 1, 2007 to the present, 148 documents. The total Association liability could have been $74,000. It is doubtful that the judge would have provided that fine, but that is your potential liability.

The Association’s attorney in his last letter emphatically stated that he is right (in denying me access to Architecture Committee documents). This is incorrect. I do not have knowledge to access case law, but I do have enough wits to have codified arguments and statutes which provide a legal background to say that the Association attorney is incorrect, and if this is his genuine belief then the Association is well rid of him. In summary, he incorrectly based his argument on the Architecture Committee not being a Corporate Code §7212 committee, and cited Civil Code §5200(a)(8) as his basis. He neglected to say that the Architecture Committee is a member committee as defined in §5200(a)(8)). If you request it I will provide the legal basis of my arguments.

I would suggest that you spend some time reading through the Davis-Stirling Act. The best online source I have found is at FindHOALaw.com. There are many downloadable versions of the Davis-Stirling Act, including the State Library. The one that I use is from the Epstein law firm. The only published version that I know of is the Blue Book, and this can be bought from Amazon for under $30. It is a discursive description.

I am glad this is over. It has cost me over 250 hours of labor. I have read the Davis-Stirling Act, some case law, retyped the Bylaws, CC&Rs, and Articles of Incorporation. I have analyzed each of the various emails and attorney letters received, and developed several tools and analysis to support me. If you, the Association, or the Managing Agent or Associa ever try to do this to me again I will see you in court!

Thank you & be well
art

Apr. 24, 2020 ADR

Subject:ADR
From: lostbits <forum@slipbits.com>
To: “g_v.aarnaes@att.net” <g_v.aarnaes@att.net&gt
Date: 4/24/2020, 11:16 PM

Gus;

I’m sorry I misspoke in my last email. I just reread the email from Lynn Wyatt, the Association Managing Agent, and she said that “Other architectural documents (ie: Architectural Applications) will not be included due to personal homeowner information on those documents.” This is not acceptable and if this is your position then please attend to the ADR. It is due on or before 6 May 2020.

I you do not acknowledge this email then I will send a certified letter.

Thank you & stay well;
art

Apr. 26, 2020 Request for clarification

Subject:RE: Board & Architecture Document requests
From: lostbits <forum@slipbits.com>
To: Lynn Wyatt <Lynn.Wyatt@associa.us>
Date: 4/26/2020, 12:32 PM

Hello Lynn;

What “personal homeowner information” is included in the architectural documents that makes them ineligible for distribution?

tay well;
art

23 Apr 2020

Apr. 28, 2020 RE: Board & Architecture Document requests

Subject:RE: Board & Architecture Document requests
From: lostbits <forum@slipbits.com>
To: Lynn Wyatt <Lynn.Wyatt@associa.us>
Date: 4/28/2020, 8:03 AM

Hi Lynn;

I hope your OK. You know, for months the Association claimed that the Architecture Committee Agenda and Minutes contained personal homeowner information and could not be released. And now, you say that the Agenda and Minutes will be on our website as of 1 June 2020. It seems that the Association has readdressed the issue of personal homeowner information and found that this was not an issue. Now I wonder whether this applies to architectural drawings and other details of the information that the Committee receives and acts upon. I don’t believe that the Association Architecture Guidelines specify that member submitted information is compelled to include personal information. For example, on the paint application a member need not put a Social Security number, or on a landscaping application a credit card number is not required, or on a driveway replacement application the names and ages of the member’s children are not required. So what personal information is required on member architectural submittals that warrant the submittal being withheld. What is content of the “personal homeowner information” that requires that the plans be concealed?

As to the not including the actual application I am puzzled. Why isn’t the application included? Is it because the member name is on the application? The Committee already redacts the Agenda and Minutes so that member names are not included. I fail to see why that can’t be done to the application. Is there some “personal homeowner information” other than the member name which is on them? Is that personal information part of the Architecture Guidelines?

As for the NOC there are the names and address of the three signatures. Since the Committee has already elided names from the Committee Agenda and Minutes it seems reasonable that the names can be elided from the NOC. For example, it is possible to include a NOC which only says that house address x, y, and z signed the NOC without included the names of the persons in house addresses. This follows the current Committee procedures and there doesn’t seem to be anything in the Architecture Guidelines which specify any other information.

So again, exactly what “personal homeowner information” is contained in the various documents that the Association feels warrants their concealment? And just as appropriately, why can’t this information be removed before the concealed documents are released to the public.

Thank you and stay well;
art

26 Apr 2020
23 Apr 2020

Apr. 28, 2020 Acknowledgment of request for clarification

Subject:RE: Board & Architecture Document requests
From: Lynn Wyatt <Lynn.Wyatt@associa.us>
To: lostbits <forum@slipbits.com>
Date: 4/28/2020, 9:10 AM

Thank you I have received your emails. I’m preparing a response.
Kindly,

Lynn Wyatt
General Manager
Park Paseo
25 Christamon W
Irvine, CA 92620
Main: 714-730-1560
Lynn.wyatt@associa.us

Associa® Delivering unsurpassed management and lifestyle services to communities worldwide.
27051 Towne Centre Drive  STE 200
Foothill Ranch, CA  92610
Office: 949-768-7261

Visit us online: www.AssociaOnline.com

Three ways to connect:

Subscribe to the blog • Like us on Facebook • Tell us about your experience!

Notice: This e-mail message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Please virus check all attachments to prevent widespread contamination and corruption of files and operating systems. The unauthorized access, use, disclosure, or distribution of this email may constitute a violation of the Federal Electronic Communications Privacy Act.

28 Apr 2020
26 Apr 2020
23 Apr 2020

Apr. 30, 2020 Identify documents for redaction

Subject:Re: Board & Architecture Document requests
From: lostbits <forum@slipbits.com>
To: Lynn Wyatt <Lynn.Wyatt@associa.us>
Date: 4/30/2020, 8:57 AM

Hi Lynn;

Have you been able to determine what personal homeowner information is on unreleased documents. It occurs to me that redacting, by removing member names, from the homeowner application, any architectural or other drawings, and the notice of completion would be both inline with current practices and sufficient to release these documents. Do you concur?

Thank you and stay well;
art

28 Apr 2020
26 Apr 2020
23 Apr 2020

Apr. 30, 2020 The Association doesn’t want to provide records

Subject:Re: Board & Architecture Document requests
From: Lynn Wyatt <Lynn.Wyatt@associa.us>
To: lostbits <forum@slipbits.com>
Date: 4/30/2020, 10:47 AM

Mr. Schwarz…thank you for waiting for my response. Simply put, the Association doesn’t want to, or have to, publish applications, notices of completion, etc., that have owners’ names, addresses, signatures, telephone numbers, emails addresses, etc. Yes, all of that could be redacted first, but the Board understandably doesn’t want to, or have to, pay Management to have someone at the management company spend the time to redact the information and copy/scan/reduce blueprints etc.

And in all due respect Mr. Schwarz, I don’t have any more time to spend on this issue. I’m sure you understand, we’re dealing with other major matters that need my attention right now. This is my last correspondence regarding this issue.

Kindly,

Lynn Wyatt
General Manager
Park Paseo
25 Christamon W
Irvine, CA 92620
Main: 714-730-1560
Lynn.wyatt@associa.us

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30 Apr 2020
28 Apr 2020
28 Apr 2020
26 Apr 2020
23 Apr 2020

July 13, 2020 Request Board to honor their agreement.

Subject:Park Paseo Homeowners Association Board Issue
From: lostbits <forum@slipbits.com>
To: “g_v.aarnaes@att.net” <g_v.aarnaes@att.net&gt
To: Lynn Wyatt <Lynn.Wyatt@associa.us>
Date: 7/13/2020, 12:23 PM

Hello Gus;

This email is directed to the Park Paseo Homeowners’ Association Board.

On a 28 Apr 2020 email from Lynn Wyatt it was stated that “… the Board voted at the April meeting to start putting the Architectural Meeting Agendas and Minutes on the website starting June 1st.”

At the 8 Jun 2020 meeting this was clarified to be the posting of information after the June Architecture Committee meeting. Such posting to commence on 1 Jul 2020.

As of 12:00 AM on 13 Jul 2020 such posting has not been done.

Please post as agreed to.

Keep Well;

Art

July 13, 2020, 12:49 PM Request Missing Documents

Subject:Request Missing Document
From: lostbits <forum@slipbits.com>
To: Lynn Wyatt <Lynn.Wyatt@associa.us>
Date: 1/21/2021, 12:49 PM

Hi Lynn;

I hope that the New Year has been good for you. Welcome to 2021.

I’ve been looking online at the Park Paseo web site and haven’t been able to locate any of these documents. Could you please email them to me?

Board Agenda:                   08/2020 & 1/2021
Board Minutes:                  12/2020
Architecture Committee Agenda:  06/2020, 07/2020, 08/2020, 09/2020, 10/2020

I realize that there was a holiday TBD for the Architecture Committee meeting, but could you send me the 11/2020 and 12/2020 minutes when they are available?

Thanks and stay well;
art

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Oct. 29, 2019 Request for Architecture Committee Documents

Oct. 29, 2019 Denial of Architecture Committee Documents

Oct. 31, 2019 Request for Statutory Support for Denial of Document Request

Nov. 5, 2019 Document Distribution not prohibited

Nov. 5, 2019 Documents are not Association Records

Nov. 5, 2019 Civil Code §5200 is not Prohibitory

Nov. 5, 2019 Civil Code §5200 allows Inspection and Copying

Nov. 5, 2019 Civil Code §5200 is Prohibitory

Nov. 5, 2019 No time to dialog

Nov. 6, 2019 Civil Code §5200 is not Prohibitive by Example

Dec. 10, 2019 Civil Code §5200 requires Inspection and Copying

Dec. 10, 2019 Board denial of my request is Absolute

Dec. 10, 2019 Documents once Public can not be Sequestered

Dec. 10, 2019 The Board is the correct forum

Dec. 10, 2019 Request for Statutory Support lacking

Jan. 8, 2020 Architecture Committee asked for Documents

Feb. 10, 2020 Request Board to allow access to documents

Feb. 12, 2020 Managing Agent denial of Request

Feb. 14, 2020 Request for Legal Reasoning

Feb. 14, 2019 Letter to Board President

Feb. 16, 2019 Request Electronic Delivery

Feb. 18, 2020 Request for email Access to Board

Feb. 18, 2019 Letter to Board President

Feb. 20, 2020 Letter from Association Attorney

Feb. 24, 2020 Response to Attorney Letter

Feb. 24, 2020 Request for Board Documents

Feb. 25, 2020 Reply to Request for Board Documents

Feb. 26, 2020 Request for Board Documents

Feb. 26, 2020 Reply to Request for Board Documents

Mar. 2, 2020 Request for Board Documents

Mar. 4, 2020 Letter from Association Attorney

Mar. 9, 2020 Presentation to Board

Mar.10, 2020 IDR to Managing Agent

Mar. 12, 2020 Response to Document Request

Mar. 12, 2020 Repeated Request for Associa Contract

Mar. 13, 2020 email Board Presentation

Mar. 13, 2020 Acknowledgement of Board Presentation

Mar. 24, 2020 IDR Response from Attorney

Mar. 26, 2020 Reply to Attorney IDR Response

Mar. 27, 2020 Unable to Meet Week of 29 Mar 2020

Mar. 27, 2020 Use Digital Communication to Meet

Apr. 3, 2020 Request for Telconference Meeting

Apr. 3, 2020 Response to meeting request

Apr. 6, 2020 10:00 AM IDR Meeting Minutes

Apr. 6, 2020 Unable to attend IDR

Apr. 6, 2020 email of IDR Meeting Minutes

Apr. 6, 2020 IDR for Association Records and Enhanced Association Records

Apr. 6, 2020 RE: IDR for Association Records and Enhanced Association Records

Apr. 6, 2020 Request for an ADR for Architecture Documents

Apr. 6, 2020 RE: Request for an ADR for Architecture Documents

Apr. 8, 2020 Request for acknowledgment of receipt of IDR Meeting Minutes

Apr. 23, 2020 Board & Architecture Document requests

Apr. 23, 2020 RE: Board & Architecture Document requests

Apr. 24, 2020 IDR Record Request Honored

Apr. 24, 2020 ADR

Apr. 26, 2020 Request for clarification

Apr. 28, 2020 RE: Board & Architecture Document requests

Apr. 28, 2020 Acknowledgment of request for clarification

Apr. 30, 2020 Identify documents for redaction

Apr. 30, 2020 The Association doesn’t want to provide records

July 13, 2020 Request Board to honor their agreement.

July 13, 2020, 12:49 PM Request Missing Documents