Another association in commotion
by Ruth Roberts
Jul 29, 2010 | 285 views | 0 0 comments | 10 10 recommendations | email to a friend | print
A group of Lakeshore Homeowners Association (HOA) members dissatisfied with the handling of a recent recall procedure and subsequent reappointment of board members, say they might force a recall of the entire HOA board unless the current president agrees to step aside and allow a more neutral board member to serve out the president’s term.

HOA President Janet Castonguay said she resigned from the board on July 19 in order to save the membership the burden of a costly recall election. Fellow director Duane Steele was also named in a separate recall action, but accepted the recall and stepped down on July 20. And HOA Director Steve Algera resigned earlier in the month and was subsequently replaced by newcomer Ryan Ford.

“Steve (Algera) and I decided that we would not cost the membership the money of recall and agreed to step down,” said Castonguay.

However, on July 20, Castonguay was reappointed to the HOA presidency by board members Terry Thoene and Heather Silfies (who had been appointed to the HOA last month following the separate resignations of Mike Welch and Kristina Green) and Ford.

The potential recall of Algera, Castonguay and Steele creates the potential for a board without a quorum for conducting business.

“The day after I resigned, some things went down with the Hofmann Company (developers of Lakeshore and with whom the HOA has been in negotiations on several issues concerning the community) and they didn’t like what we (HOA) put on the table. I have been working very hard on these issues and felt if I was gone, then they might not get settled. So I asked if there was any way to get a petition signed to reinstate me, and that’s how I got reappointed … I’m the only one theoretically on the board with the background and experience to deal with them (Hofmann Company).”

But some, such as resident Adrian Hunt, are unhappy with the manner in which the reappointments took place, and support a leveling of the playing field when the HOA elections come up in October. Although Castonguay’s seat does not come up for re-election until 2011, those opposed to her reappointment would like her to agree to an open election in October, making her seat one of the five available.

“This is just a continuing saga and I understand the sentiments of those involved,” said Hunt. “What I would like to see is a board of elected people. We don’t like the way the appointment went down; it just has the appearance of impropriety. We would like them (the board) to do what’s best for the community.”

Castonguay said she’s doing what’s best for the community and has agreed to step sideways if not off the board, offering to become a regular board member provided newly appointed director Thoene is replaced as president.

“I have agreed to step out and let Terry (Thoene) take my place and he has agreed to do that,” said Castonguay. “So that should appease them (those calling for the change).”

Former HOA director and Lakeshore resident Carlos Tabarini is doubtful that Castonguay’s offer will fly with the opposition.

“I can’t speak for everyone, but I think the biggest thing is that it (the reappointment of Castonguay) just leaves a bad taste in everyone’s mouth,” said Tabarini. “A recall is one of the necessary tools of an association and it may just be best to let it run its course. I think the biggest missing piece right now is the ability of the community to be informed and educated about what is going on.”

Lakeshore resident Rayhan Shepard thinks so too, and on July 22, along with approximately 40 other members of the association, attended an informal outdoor meeting at the Lakeshore community gazebo. The purpose of the meet-and-greet was to brainstorm ways in which to promote transparency, communication and trust among the board and its association members.

“I was at the meeting where everyone was invited, and my opinion is that people want to become united again as a community like we used to be,” said Shepard, who has lived in the Lakeshore development for six years. “I’m not sure how all this (the recall) will be resolved, but I have to say I would support a recall at this point if necessary. This is a beautiful community and things need to be sorted out.”

Steele, who had been recalled two previous times, said he is OK with leaving the board, but hopes the community can somehow rebuild a more productive, harmonious and ethical membership. He called the community meeting on July 22 a good first step.

“In the seven years I’ve been here, that is probably one of the best, most productive meetings I’ve ever seen because it was called for the right purpose and to clear the air,” said Steele. “We have some problems in the association with letting everyone have a chance to speak and communicate. This meeting was like a pressure-release valve; I don’t know if it fixed everything, but it was a great start.”

According to Steele, Castonguay and Algera were being recalled for inappropriate actions, including the non-response to requests for repairs and safety measures around the community, as he was recalled for inappropriate behavior toward certain members of the association.

Castonguay said she’ll hold her ground and believes that whatever happens, she is acting in the best interests of her community: “I’m willing to resign from the presidency but not from the board. I am not going to fully resign; I feel I am an asset to the community.”

“If Janet does not concede, I believe the members will feel they have no other choice than to recall the whole board,” said Steele. “The bottom line is about protecting the financial interests of Lakeshore as well as building respect for one another and creating a happy place to live. It’s about talking. It’s about communicating and it’s about respect.”

The situation with the Lakeshore HOA is reminiscent of the Discovery Bay Property Owners Association (DBPOA), whose board also turned over in the face of a recall effort and is currently struggling with organizational matters and dissatisfied constituents.

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