The board published the below letter on an administrative WhatsApp site.
Statement to the letter of the Surveillance Committee from April 24 2023.
1. No property owner has caused any legal expenses to the HOA or its 106 Property owners. The Administrator can and should fulfill her legal obligations and simply produce the documents per the court order. If she decides to incur legal expenses, that is her decision alone. And she must pay for it with her own funds.
If the Administrator or anybody feels they need a criminal defense attorney it is solely their decision to obtain such at their own expense.
None of the above cases require any legal costs for the HOA or the property owners. The special assessment is fraudulent and no property owner is obliged to pay it.
2. If the Board feels threatened when receiving documents that are composed in knowledge of the law and in the proper form, they need to ask themselves if they are in the right place. Under no circumstance can they use this to delegate their work to third parties and have the HOA and thereby other property owners pay for it.
3. For any educated reader It should be clear by now.
There are no legal costs the HOA or property owners must incur because of the legal actions filed by some property owners. Any misleading statements otherwise have no basis in fact and are the cause of the existing criminal investigations. We believe the Board and Administrator are committing several types of fraud with their actions and they will be held criminally responsible.
Any legal costs that the board and Administrator incurred are at their own discretion and liability. The Board is misleading property owners about the facts. Any moneys paid by the board to attorneys is at the sole discretion of the board and under the liability of the board.
We are of the opinion that the statement legal expenses are determined and caused by property owners is a false pretense to cover up the crime of embezzlement of HOA funds.
Lastly
We are flabbergasted by the dishonesty and the blindness for the legal jeopardy the board walks into by admitting this letter.
We also believe, the Board is acting irresponsible by directing the Administrator not to comply with the law and court orders. And by following these directions the Administrator is exposed to a high personal risks for punishment and other serious legal consequences. We find this irresponsible and cruel.
We have for sure our professional differences with the administration, but our goal is solely to remedy the current mismanagement.
The course the Board is currently charting irresponsible and perilous. The laws of Baja California Sur demand anybody involved with the administration of a HOA need to have the necessary knowledge for the task. Otherwise the risk of personal liability arises.
For information about ongoing legal proceedings click here.