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!
• 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
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
- 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.
"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."