We are aware that there is a plan to attempt to invalidate the petition that 89 homeowners have signed asking for a change in the board. We are more than certain than any attempt by us to speak or be heard at the board meeting this evening will be thwarted. It is our desire to communicate our message in a clear and concise manner not to be clouded by the emotion that will surely be displayed this evening therefore we put our statement in writing and will distribute it to all so that there is no misunderstanding of the intent or the goal of our actions.
1. The petition to remove Lily Bambas from the board is a reaction to her perceived inaction to the behavior of her husband Robert Bambas, it is the perception of many in the neighborhood, as evidenced by the 89 signatures on the petition that Mrs. Bambas acting as president has failed to prevent her husband a non-board member from representing himself as the authority acting *"Ultra Vires" in Kay's Landing approaching residents, including minors in a confrontational and threatening manner has led to the lack of faith in Mrs. Bambas.
2. We also want to dispel the rumor that we are working and conspiring with former board members to enact their revenge against the Bambas's, this is completely false in fact we have made 100% clear to the former board members that we do not want them to return to board as we understand that there were serious concerns with the actions of the board/individuals during that time. Our goal is to restore the faith of community in the board by having the board return to 5 members and to have it be representative of the diverse culture of our neighborhood. We also would like to see the communication between the board, the management company and homeowners be vastly improved, by allowing homeowners to be heard and approaching people with kindness and understanding rather than disrespect and accusations.
3. It is not the right of any homeowner to take it upon themselves to act *"ultra vires" trespassing on peoples properties, walking the neighborhood with a clip board looking for violations, sitting a bus stop, etc. Kay's landing employs a management company and it is in the best interest of the community and the board to allow the management company to perform the task of enforcing the rules. Kay's Landing is in jeopardy of being sued if we allow these actions to continue. The people of the community are entitled to quiet enjoyment in their homes and should not have to live in fear of their board or non-board members acting * "ultra vires".
4. To address the email that went to some not all homeowners that accuses us of forcing people to sign the petition, let it be known by all that no such actions took place and we maintain that every person was told the same thing: they were not obligated in any way to sign and if they were to change their mind they could go in and delete their signature at any time at their own free will. It is not our intention to intimidate others that is the behavior we are trying rid our community of. In fact we have an email from one resident who signed the petition of their own free will, who was afraid and hiding in their bedroom because not 60 seconds after they signed the petition Mr. Bambas appeared on their doorstep pounding on the door, they were terrified. One family we spoke to has every intention of signing the petition but will only do it at the 11th hour for fear of retaliation by Mr. Bambas. One resident was willing to write a sworn statement of the threatening remarks Mr. Bambas made about how he treats people he doesn't like. In another incident Mr. Bambas barked at a 16 year old girl: tell your parents I will be back. 89 people have made the conscience decision to add their names to this effort and the response from the board as we understand ii we will be to ignore these people.
5. We ask the board to address the behavior of Mr. Bambas and ask why they have done nothing to stop him from acting "Ultra Vires" but rather appear to condone his behavior. We have received threatening accusatory messages from one board member who has tried repeatedly to get us to say that we are just acting out of personal revenge. We have repeatedly asked him why the behaviors are not addressed and he avoided responding to any question regarding Mr. Bamabs's actions. In fact in one message it was suggested that we should just essentially hide in our home and pretend that everything is OK. To which our response has been, people have put their faith in us they have asked us to champion this effort and to help drive change, we will not cower in the corner in fear. We fully anticipate the full wrath of this board member and the Bambas's will come down upon us and we will continue to engage law enforcement as necessary. We take comfort in knowing that the owner of the this board member's home willingly and happily signed the petition based on his own experiences with Mr. Bambas.
6. We also invite anyone who wishes to view the court proceeding to contact us, this way people are free to draw their own conclusions about the outcome and what exactly the judge had to say, we have nothing to hide. The preposterous idea that we would spend our time and money over a which gate our child uses is quite frankly ridiculous, our child and we felt and continue to feel threatened so we took action to protect our family.
In conclusion we hope that the board will in good faith recognize the majority voice of the people and do the right thing and allow this neighborhood to put a board in place that is representative of our diverse culture, the last election process left a bad taste in the mouths of many homeowners it is time to set personal agendas aside and give back the neighborhood to the homeowners.
*An "ultra vires" act is one performed without legal authority; something done which is beyond the scope of the board's or an individual director's authority.
Director Liability. Individual directors who act without authority may become personally liable for those actions. For example, when the board decides against hiring a particular landscape company and the board president signs the contract anyway, the president has committed an ultra vires act. When that happens, the president may not be covered by the association's insurance and may be personally liable for his acts. Although the contract may be voidable by the association, the president may be personally liable for any damages suffered by the association.
Board Actions. Boards who act outside their authority may have their actions reversed by the courts.
Where the association exceeds it scope of authority, any rule or decision resulting from such an ultra vires act is invalid whether or not it is a "reasonable" response to a particular circumstance. Where a circumstance arises which is not adequately covered by the CC&Rs, the remedy is to amend the CC&Rs. Major v. Miraverde HOA.