CathedralVillas.com
 

An independent web site exploring issues relating to residents/owners of Cathedral Villas HOA & apartments.

<< HOME
INICIO >>


We have spoken with a variety of owners and tenants about the problems existing at Cathedral Villas. We want your input!

This web site was founded in 2011. Of course the Board of Directors very clearly did not like it. It's natural they wouldn't like a web site that talks about things such as multiple police reports filed against the HOA President. This is reality at Cathedral Villas. But it's your home, and we invite you to help make it stop!

IMPORTANT DISCLAIMERS:
• This web site is privately owned and operated. It in no way purports to speak for Cathedral Villas Owners Association or even for any specific number of owners. Statements made here are strictly the personal opinions of those involved in the site's operation.
• Nothing here should be taken as a legal opinion or legal advice. We have obtained expert advice and consultation in the operation of this web site and strongly urge you to consult a lawyer for any legal advice to guide your actions. Any advice given here is strictly the personal opinions of private individuals who claim no expertise.
• Except where specifically stated otherwise or where quotations are placed, everything in this web site is simply and strictly OPINION of CathedralVillas.com.


In February 2012 the Board held a hearing in which they charged an owner as responsible for this web site and claimed it was an "Obstruction of Association Business". They also made other charges against the owner and, according to the owner, never provided any statements of what sections of the CC&R were violated. The board is required by law to provide specific notification of such. The owner states that all charges have been refuted as false. However from documents the owner emailed us, the board has taken the following actions against that owner:
- the owner will be fined $200 for every month this web site exists.
- the owner is not allowed to use the pool/hot tub for a period of one year.
- the owner is not allowed to use any common parking spaces for one year.
- the owner has their voting privileges suspended for a year.
CathedralVillas.com asked our attorney about this. His response was literally to laugh then he responded, "It would be interesting to hear them explain how a web site can obstruct the association. What is the web site preventing the association from doing?" A good question!

As soon as CathedralVillas.com became aware of the charges laid this site was taken down to retool the site and consult with legal experts. CathedralVillas.com now states the following opinions based on legal research and consultation:
1. The Board of Cathedral Villas does not have the authority to demand this web site be removed¹. By attempting to force its removal by (falsely) charging an owner with its operation the Board is violating the First Amendment of the Constitution. This being a First Amendment infringement, CathedralVillas.com suggests the charged owner may wish to contact the Attorney General and request that the State of California Justice Department get involved. CathedralVillas.com believes that not only is the board making impossible charges, but the penalties made--even if the charges were valid--are unreasonable and extreme.
2. The Board of Cathedral Villas may not like it, but it is the right of any resident to speak out against the Board if it feels so inclined². CathedralVillas.com holds the opinion that the Board is operating in a manner that attempts to control residents through threats and intimidation. This isn't a wildly stated opinion, but rather comes from experience and from statements made by other residents and owners not related to this site.
3. CathedralVillas.com is proud to provide support to any resident and owner who desires. As long as the person requesting support recognizes the disclaimers, CathedralVillas.com is happy to share information we have gathered in helping you to deal with problems you may be facing in relation to the Board of Directors.
4. CathedralVillas.com holds the opinion that Mr. Gregory Ellis, president of the HOA, is abusing his position as president in ways to harass and attempt control over residents.

From LawInfo:
"Boards of Directors have legal, and arguably moral, responsibilities to the shareholders who depend on them to run a business. Those duties are called fiduciary duties and include the duties of care and loyalty. When a Board member breaches those duties and shareholders are harmed as a result the shareholders have the right to recover damages."

California Civil Code 1357.110:
"An operating rule is valid and enforceable only if all of the following requirements are satisfied:
(a)The rule is in writing.
(b)The rule is within the authority of the board of directors of the association conferred by law or by the declaration, articles of incorporation or association, or bylaws of the association.
(c)The rule is not inconsistent with governing law and the declaration, articles of incorporation or association, and bylaws of the association.
(d)The rule is adopted, amended, or repealed in good faith and in substantial compliance with the requirements of this article.
(e)The rule is reasonable."

1.The Board of Directors of an HOA has no authority to dictate any action of a web site, or its existence. The existence of a web site does not impede the operation of an HOA, does not create any negative impact to the management of the property or the ability of the owners and residents to enjoy their home. First amendment rights prevail. The HOA can sue a web site operator if it believes the site contains libel, etc, but formal court action is their only lawful course of action.
2. In Country Side Villa Homeowners Assn v. Ivie (2011) the courts found that a residents constitutional rights hold in the right to speak out in opposition to the Board of Directors of their HOA.

Entire contents © copyright CathedralVillas.com. All rights reserved.