Interpacific Asset Management Failure to Follow Brown/Davis Stirling Condo Act , Internet

It's been some time since I last posted. 

I went to Small Claims Court 12/17/2010 with the alleged Board of our HOA.  Unfortunately, Small Claims Court has very little Juristiction in Davis Stirling Law.   Two out of three of our Board Members testified under oath that if I wanted to run for directorship on a platform with non members of the HOA, that would be OK, as permitted by our bylaws.

YET, when InterPacific sent out the nominations and applications for the elections, it said that one must be a member to be on the Board.

I thought things were going really well the past few months, as the Board & Interpacific finally agreed to MANDATORY Meet and Confer Civil Code  1363.820.  We met for three hours with their Attorney and he agreed that we have $21k missing from our Reserve Funds from our First Property Manager and we should pursue collection.  I had tried to tell the Board and Interpacific this in my Court Brief and prior.  

We also agreed that:

 non members were allowed to be directors as clealy stated in the bylaws

We would meet at Public Venues, as that Board member whose home the meeting was at, when she excluded Ms Z said it was because she did not know her.

Yet, last night, we had a Board Meeting in the common area of the HOA.  When my friend (support person) came, I was told that non members cannot attend meeting.

This is in spite of our agreement in Meet & Confer.

The worst part is that Interpacific cites OPINIONS from websites, not the law, case law,  our own rules, which were illegally enacted anyway as they were not on the agenda, nor did the Board review any member comments. 



Also, despite the law and our prior settlement agreement, the renewal of Interpacific's Contract was illegally posted on the agenda for Secret Session!

I cannot understand all the secrecy?

I would like to know where InterPacific states that we cannot have ONLINE banking as they claim it's not secure, even though Wells Fargo guarantees it!   I believe there must be financial improprieties that the Board nor Interpacific want the members to know about.

We know that we are missing $21K from Reserves from the 1st Property Manager that InterPacific did not find.  There is a total of $58K missing.   Probably mismangement, as opposed to actual theft.

Interpacific and the Board have finally noticed an election, but they changed our bylaws to exclude Steve S., R.Z and Bob B.

Interpacific got themselves appointed as Inspectors of Election, even though they are paid staff and not neutral in violation of law.

http://www.davis-stirling.com/MainIndex/Statutes/CivilCode136303/tabid/877/Default.aspx 

Steve's platform would eliminate most of the duties Interpacific does, as ONLINE banking would do it for FREE!  Interpacific has a vested financial interest in violating the law
((Redacted)))

Worst of all Interpacific encouraged the Board to do all of this in secret, unnoticed meetings, without any transparency!

(b) Any member of the association may attend meetings of the board of directors of the association,

(c) Any matter discussed in executive session shall be generally noted in the minutes of the immediately following meeting that is open to the entire membership.

(f) Unless the time and place of meeting is fixed by the bylaws, or unless the bylaws provide for a longer period of notice, members shall be given notice of the time and place of a meeting as defined in subdivision (j),

(h) The board of directors of the association shall permit any member of the association to speak at any meeting of the association or the board of directors,

(j) As used in this section, "meeting" includes any congregation of a majority of the members of the board at the same time and place to hear, discuss, or deliberate upon any item of business scheduled to be heard by the board, except those matters that may be discussed in executive session.