Monthly Archives: July 2014

New Board Director — Still in Texas?

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This is a portion of Mr. Zipprich’s LinkedIn profile. The HOA Manager sent out a bio for Mr. Zipprich, trying to prove he is in Santa Fe. But wouldn’t you think that a newly appointed Director would want to be at the Board meeting to meet the other Directors? I think he is still in Houston, Texas.

I’m Not Anonymous

Yesterday I posted, under my name, an item with proof that an individual who was appointed to the Board the previous evening was not a resident of RVS. Owning a home here or spending a few weeks a year here is not the same as living here.
One of the Board members, Bonnie Houston, had this to say about my posting:
“This is just another example of this anonymous groups use of conjecture and innuendo to malign a resident. Why? Fear of the unknown? Pure meanness? Or just because they can ….from behind the curtain?
Obviously this was written by someone who attended last night’s meeting. Someone that would have heard that the newest member of the board is a resident – a basic requirement for serving on the board – but this anonymous author has chosen to talk trash the board as well as the newest member. If this or these poor souls are so miserable living in this community, why don’t they move?”
Hmmm. I’m not anonymous. My name was on the post. Maligning somebody? Conjecture and innuendo? I don’t think she understands LinkedIn. I posted Mr. Zipperer’s profile, something that he wrote and that is publicly available. He identifies himself as someone who lives and works in Houston, Texas. These are his words, not mine. And Ms. Houston thinks that is trash talking.
Here is the link to his profile.

I do believe you have to be signed up with LinkedIn to see it. I copied a screen shot from the site but Ms. Houston thought I made that up.
I’m not moving, Ms. Houston. I would prefer that you move. I will be working to make Rancho Viejo South a better community with a Board of Directors that does not treat residents with disdain and contempt.
Marcia Kaplan

Read What Can Happen When There is a Rogue HOA Board of Directors

I was curious to see what problems HOAs are having in other states so I did a Web search. The two states with the largest number of associations are California and Florida. Both states have better laws for resident protection than New Mexico but Florida still seems to have the worst abuses. How do boards get away with it? Residents’ indifference and apathy. And our Board has, like the Board mentioned below, held private Board meetings that excluded two Board members.
Look at this story:

DECEIT AND THEFT IN A CONDO ASSOCIATION…PART 2 IT GETS WORSE!

Written by Mitchell Drimmer on July 22, 2014.
When we last left Tim, Joe and Rita they had committed a mountain of sins against their own community association. By having private board meetings they had violated state statutes. When they diverted rental revenue to their own bank account they were guilty of grand theft. When they drilled the locks on abandoned units and rented them out they committed an act of breaking and entering. Worst of all they had violated the trust of their neighbors and partners in Gonif Condo association, but this was just the beginning.

Like most criminals who get away with a crime the greed is too much for them to resist and they start to look for other ways to unjustly enrich themselves. This pattern followed the board of Gonif Condominium Association and Tim, Joe and Rita became like a school of sharks on a feeding frenzy. 
Gonif Condo was without a management company so the association did need to have an office staff which Rita was only too willing to occupy so that this rogue board could maintain their control of the association. Last year office supplies cost the association $750.00 but this year the costs skyrocketed and the expense of running the office went up to $ 12,000.00, which is not bad because after all they were saving on paying a management company. Part of those expenses went to buy some beautiful new laptop computers and printers (three of each to be exact) and although they were delivered to the association’s office they did wind up in the apartment’s of the board of directors. 
Tim was an engineer who had a lot of connections in the construction industry (cousin Jimmy) and the association required some “emergency” repairs. To keep things looking honest three bids went out but it was a cousin Jimmy that received the job, and under the table cash did change hands. The association needed new rugs in the hallways and Rita found a company that would install them (her sister in law Susan). For that consideration Tim, Joe and Rita each got new floors installed in their private units at no charge (cousin Susan had impeccable taste in marble floors). Petty cash was another revenue stream for the board and as long as they did not raise the maintenance fees nobody complained. They raided the reserve fund to pay for the carpeting and so called emergency repairs. The association was kept clean, services were maintained, and nobody complained or even cared.
 Tim, Joe and Rita no longer even bothered to hold board meetings and just managed the building over the phone, email and if they had to meet they would do so privately in one of their apartments. Aside from the revenue stream realized from skimming the rents on the apartments that they were renting the total cost to the association for the hard work performed by their board of directors amounted to another $130,000.00 in their first year and nobody said anything and the rape of Gonif Condominium Association continued.

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Board Appoints a new Director Nobody Knows and Who May Not Live Here

Last night the Board of Directors appointed a new Board member to fill a vacancy. This individual was not present at the meeting and was not interviewed by the full Board. In fact, some Board members had never met the individual. He supposedly owns a home in Rancho Viejo but it appears he lives in Texas. Following is a synopsis of his LinkedIn profile and a link to the profile.

I think before the Board appoints someone as a Director, that person should be interviewed by the full Board. And, with hundreds of residents living in RVS, can’t the Board choose someone who actually lives here and can attend meetings?

 

 www.linkedin.com/pub/john-l-zipprich-ii/3/b51/869

Background

Experience

Board Member

Medical Bridges, Inc.

2012 – Present (2 years)Houston, Texas Area

 

 

 

 

Director Pfeifer Denied Treasurer’s Role

If you read the meeting notice for the July 22nd BOD meeting, we were wondering if the board President had already made an “executive decision” as to who would succeed the Treasurer, Paul Burguieres, who resigned on July 4th.  That is exactly what happened!

Director Buhl motioned that David Pfeifer be accepted as the new RVSA Treasurer based on his previous experience as Treasurer in another association, his extensive knowledge of Rancho Viejo from his past experience working with the Developer, and his current responsibility as director of the City of Santa Fe’s Department of Public Works and it’s multi-million dollar budget.  President Thompson and Directors Corbin, Houston, and Kerr voted no to deny Director Pfeifer a role that he is imminently qualified for.  When residents asked why, the three directors refused to reply.  The President explained that she had already talked to the current chair of the budget and finance committee, Carl Baldwin, about the position.

Why are we not surprised?  The President believes that she has the divine right to make executive decisions for the BOD despite the ByLaws.  Director Pfeifer has been very persistent in asking for certain financial and legal records and his requests have been very persistently refused by the President.  She and the Community Manager frequently consult legal counsel without full BOD approval and she probably doesn’t want a Treasurer that challenges her on legal budget overrunshmmm.

By the way, the next BOD meeting is in September, so the Association could be without a Treasurer for another two months.

Dog Death Leads to Arraignment

In May, an off-leash pitbull attacked a shitzu on RVS trails and the shitzu could not be saved by emergency personnel.  The State of New Mexico has filed criminal charges against the pitbull owner who will be arraigned in Magistrate Court on July 23.  See drop-down under “Meetings and Notices” tab for more details.

Update: Link for 7/22/2014 article in the New Mexican:

http://www.santafenewmexican.com/news/local_news/pit-bull-owner-heads-to-court-over-vicious-animal-attack/article_77d2bdad-6d3e-5c94-88a8-3419ed5ca0d5.html

RVSA Board President Denies Records to Director

Posted for: jess4square@gmail.com

I am growing increasingly concerned with how our board president is conducting herself and conducting association business. The board president is denying a board member access to records. This is a red flag! Per the association Bylaws, all board members absolutely have the right to any and all association records. This does not require permission from the board president or any other board member!  The board president is in violation of the Bylaws once again.  She continues to abuse her power and authority, as her mantra is, “Because, I am the president and CEO!” Wow!  It seems the power has gone to her head and she has no problem with violating the Bylaws.  As for certain board members, they blindly follow her lead as if they are under her spell.

“A lie doesn’t become the truth,
wrong doesn’t become right and
evil doesn’t become good,
just because it is accepted by a majority.”

I ask this simple question …. what is it that she is trying so hard to hide? If there was nothing to hide then why can’t this board member have access to all records?   This can only lead to the conclusion that there is misconduct and perhaps illegal actions or transactions occurring.   The scary part is that before anyone knows about it, it will be too late and it will be the RVS homeowners who pay the price.

Those of us (including 2 board members) who ask questions and take a stand against this abuse by the board president and certain board members, are ostracized.  We are treated poorly because these board members are afraid of what we are discovering.  I encourage you to question expenses and the actions of your board members, but beware you may be ostracized too.   If you would like to be informed, attend a board meeting and witness for yourself what is going on.

RVS Community Meeting — Wednesday, July 30th at 7 p.m. at the Fire Station on Rancho Viejo Boulevard

Many residents are concerned about the direction our current Board of Directors is taking and how the Board is spending our Association dues.

These issues affect all residents. This isn’t about politics; it’s about your pocketbook and how the Board is spending your money. Please attend this meeting and find out what is happening in Rancho Viejo South.

We will discuss:

1. The status of our community-wide irrigation system. We currently use recycled water but that water may not be available in the future. Even if it is, there is no money set aside for future infrastructure expansion and main pump replacements.

2. HOAMCO’s property management responsibilities and how the Community Manager’s role is changing.

3. The Board’s expenditures on legal fees. The legal budget in 2013 was overspent. We have already overspent the 2014 budget for the entire year. What is the Board spending money on? The President continues to deny legal spending record access and Special Meeting requests by Directors who are concerned about budget overruns.

4. Questionable Board actions against Board members, committee members, and residents. We now have some committees with no members because of Board actions. The President and three Board members filed a bogus harassment complaint with the Sheriff against a resident for asking questions about finances and procedures.

5. Inappropriate actions by HOAMCO employee/HOA manager, e.g., misusing the RVS e-mail list to campaign for Board members, filing a false Sheriff’s complaint against a Director who wanted access to legal/budget information, and not notifying residents of a dangerous dog attack/death in a timely manner.

6. Did you know that if you write a letter for the RoundUp, which is paid for with your dues and is over budget by the end of the year, it will be heavily censored and/or not be printed? Find out why.

7. Monthly Board meeting minutes have been shortened to “protect Board members from legal liability” and do not reflect what actually occurs. Residents have no way of knowing what decisions are made unless they attend meetings. The last monthly Board minutes posted on the RVS website are from February 2014. The last financial reports are from December 2013. The Board is not doing its fiduciary duty and is in violation of New Mexico state law.

8. Five members of the Board meet and/or discuss Board business without the other two members regularly. There are flagrant abuses of the Bylaws and the President continues to discuss items in Executive sessions that should be discussed in front of residents during Regular meeting sessions. Why all the secrecy?

IS THIS A BOARD OF DIRECTORS THAT HAS THE INTEREST OF RVS RESIDENTS AND THE ASSOCIATION AS A TOP PRIORITY?

Please come to this meeting and learn more.

Proposed Apartment Complex – Not Defeated Yet

I want to extend a personal thank you to the residents of RVS who helped the College Heights neighborhood in our opposition to the Master Plan change for the Elevation apartment complex.
Many of you volunteered time, expertise, letter writing and your personal attendance at the recent CDRC meeting, which sided with us in an extraordinary 5 to 1 vote.
The minutes from that meeting, which captures the passion and sentiment of our community, are available on line at this link.
http://www.santafecountynm.gov/documents/agendas/packet_materials/CDRCPacket6-19-2014Total.pdf
But the fight is not yet over. The CDRC is an advisory panel and so the case went before the real decision-makers, the Board of County Commissioners at 5 p.m. on Tuesday July 8 in the chamber at the county administration building, Palace and Grant Aves.
The College Heights residents gave a formal presentation, and we brought our attorney, Chris Graeser. In a surprising move, the Commissioners invoked a rule to convene an executive session, excluding public input. Instead of adopting the CDRC recommendation, the vote has been postponed until September. It is now more important than ever to address the commissioners directly about your vision for Rancho Viejo, promises made, and how you would like to see our community grow.
The CDRC members voted to support our vision of Rancho Viejo, now we must work to affirm that with the top policymakers.