WCWH Election Questions Everyone Should be Asking!

Do you ask questions about the how our HOA Board manages our community? Or do you simply rely on manipulated social media for your information about West Creek West Hills HOA? Social media that is frequently nasty, lacking in evidence, likely defamatory and politically charged?

WCWH Election Questions Everyone Should be Asking:

Why would the our HOA Board of Directors appoint a secret committee made up of 4 Board Directors, Torrance Flynn, Stacey Brenner, Vikram Pai and David McCarthy, 2 of which were then running for re-election in the 2020 annual election, “with Full Board Authority” regarding the 2020 election giving the incumbent candidates the unethical power to make a decision about the outcome of the 2020 election in which they were running? Those Candidates are Torrance Flynn and David McCarthy. This secret committee decided to call the 2020 Election a failure even though the community had, in fact, made quorum. (Which was proven true, i.e., quorum was made. Ask the Board.) The Board declared that the election had failed, which allowed the two incumbent candidates to stay seated for another year! Without a vote being counted! (See page 2 & 3 of June 2, 2020, HOA Meeting Minutes and the Director’s Code of Conduct, page 2 & 3.)

Why was this secret committee not announced until months later after they had secretly made decisions? Formed on March 23, 2020 (there was no announced homeowner meeting that day), but not announced to the membership until June 2, 2020. The formation of this secret committee violates Corporation Codes §7210 and §7212(b), because the committee was not formed in open session as required by law. It also violates the Director’s Code of Conduct as the Board Directors were making decisions related to themselves, their own self-interest in continuing to sit on the Board, which is a clear conflict of interest. And unethical. (See page 2 of June 2, 2020, HOA Meeting Minutes, and the Director’s Code of Conduct.)

Why would these same Board members then be allowed to write the new Election Rules for 2021? The very rules by which these Board members are currently running for re-election? In other words, the Board members who are currently running for re-election actually wrote the rules by which they are running. A clear conflict of interest? A violation of the HOA’s Code of Conduct. By an ethically challenged “Star Chamber?” A stacked deck by double dealers? (See HOA Meeting Minutes dated June 2, 2020, page 2 & 3, and Code of Conduct.)

Why would these same Board members then write Election Rules that require election proxies to be notarized at considerable expense to homeowners? Notaries charge fees to notarize. This is unheard of in any other HOA! Was this was done deliberately to suppress voter turnout and depress membership participation in the 2021 election? Should this be considered an illegal poll tax? See Section 6.10, entitled Proxies, page 7 of our By-laws which says we are entitled to use a proxy; and see Corporations Code §7613 (f), Proxies, the law which does not allow HOA Board’s to amend By-Laws that repeal or restrict the use of proxies without a vote of the members. That is what the Board did here. But the membership never voted to require proxies to be notarized. There was no vote as required by law. The Board members who are running for election made this decision by themselves without approval of the membership. (One Board member voted “No” and has now resigned).

It is traditionally difficult for HOAs to meet quorum requirements. Proxies are designed to increase voter participation. To increase the likelihood of meeting quorum. To enhance the probability of having a fair and open election. So why are the current Board members urging--through its social media--the HOA membership not to use proxies? Why? To suppress the turnout? Why? Because a failed quorum means a failed election which means that the very same Board members who wrote the rules sit on the Board for another year without a single vote being counted! This is what happened last year. Ask why?

Why would the current Board vote to host a virtual pre-election Meet the Candidates Forum (as do all other HOAs) to introduce the candidates to our HOA membership and to answer questions of concern by the membership--only to have the Board change its vote at the next monthly meeting to cancel the Candidate Forum? Cancelled! Why? We were told that the reason to cancel the Candidate Forum was that it posed a “risk” to the community, yes a danger to the community. That is right, free speech and asking questions of those who want to lead us is a danger to the community! What questions was the Board afraid to answer? See HOA Meeting Minutes dated November 3, 2020, page 2, and minutes for Dec. 8, 2020 to be approved on Jan. 5, 2021, if accurate.

What is the impetus of the current Board to write election rules and conduct an election so lacking in transparency and restrictive? Election Rules that seem to benefit only those who are already sitting on the Board and running again? To depress turn out? To “stack the deck?” Rules written by those same Board members who were not elected last year, who continue to stay seated on the Board because of a failed election for which they were responsible for deeming it a failure.

Transparency? Ethics? Fair & Balanced? Ask yourself!

Get involved! Read the proof in the documents, attend meetings and make up your own mind.

The only way to ensure we have a free and fair election is to VOTE! Turn out!

Your Ballot should have arrived before the Holidays. Your Ballot needs to be in the mail no later than Jan. 13, 2021 and then please follow up with our inspector of elections, Ballot Box, at info@ballotboxservices.com to be sure your Ballot was received. Or turn your Ballot in at the clubhouse in person on Jan. 19, 2021 at 6:00 pm.

If you misplaced your ballot or did not receive one, please contact Ballot Box at (888) 558-2887. A lot of homeowners are reporting not receiving a Ballot.

And Please Vote for Better a Community!