Sunday, August 31, 2008
Old HOA's (Residents) Money
These are the facts. The old HOA- Fillmore El Dorado Homeowners Association, IS still a corporation and has been in suspension for years. Being in suspension, they have no right to move or spend money. They needed to comply with the law and file financial reports with the state, which they did not do, to get out of suspension. Charles Richardson says the money was "gifted" to the social club. It was illegal, under corportate law, for them to even be offered the $9,100+ of the El Dorado residents money. Therefore, this money does not belong to the Social Club. The Social Club is not incorporated and has no legal standing with the state. The Old HOA spent $1,500+ on a lawyer when they had no right to spend any money. Being suspended, anything they did with the money was on a personal basis only as they could not act on a corporate level. The residents of El Dorado deserve their money back! There are residents in the park who will sue and return the money to the rightful owners, the residents of El Dorado. The perpetrators of this act are within a hair of suffering the consequences. They have been given every chance to "right their wrong".
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INSTRUCTIONS FOR COMPLETING FORM SI-CID
For easier completion, this form is available on the Secretary of State's website at http://www.sos.ca.gov/business/ and can be viewed,
filled in and printed from your computer. Completed forms along with the applicable fees can be mailed to Secretary of State,
Statement of Information Unit, P.O. Box 944230, Sacramento, CA 94244-2300 or delivered in person to the Sacramento office, 1500
11th Street, 3rd Floor, Sacramento, CA 95814. If you are not completing this form online, please type or legibly print in black or blue
ink. This form should not be altered.
INCORPORATED ASSOCIATIONS
Every domestic nonprofit corporation formed to manage a common interest development under the Davis-Stirling Common Interest
Development Act (for example, a homeowners’ association) shall file a Statement by Common Interest Development Association (Form SICID)
with the Secretary of State. The statement must be filed within 90 days after the filing of its original Articles of Incorporation, and
biennially thereafter together with the Statement of Information (Form SI-100) filed pursuant to Corporations Code section 8210**. If the
street address of the association’s onsite office or the street address of the responsible officer or managing agent of the association
changes, a corporation must file a complete Statement by Common Interest Development Association. A corporation is required to file this
statement even though the corporation may not be actively engaged in business at the time this statement is due.
** The corporation must file Form SI-CID together with Form SI-100; however, it is an additional filing and must be accompanied by a
separate $15.00 filing fee. Both forms are available on the Secretary of State’s website at http://www.sos.ca.gov/business/.
UNINCORPORATED ASSOCIATIONS
Although not currently required to register with the Secretary of State, every unincorporated association formed to manage a common
interest development under the Davis-Stirling Common Interest Development Act shall file a Statement by Common Interest Development
Association, biennially, in the month of JULY. If the street address of the association’s onsite office or the street address of the responsible
officer or managing agent of the association changes, the association must file a complete Statement by Common Interest Development
Association. Upon changing its status to that of a corporation, the association shall comply with the filing requirements for incorporated
associations.
Statutory filing provisions are found in California Civil Code section 1363.6, unless otherwise indicated. Please refer to Civil Code section
1350, et seq., for additional provisions relating to common interest development associations. Failure to file this Statement by Common
Interest Development Association may result in the assessment of a $50.00 penalty and suspension of the association’s rights, privileges, and
powers as a corporation, to the same extent and in the same manner as the penalty and suspension imposed pursuant to Corporations Code
section 8810. (Civil Code section 1363.6(d); Revenue and Taxation Code section 19141)
The new HOA, Voice of El Dorado Mobile Homeowner's Association, has complied and is in good standing with the state. We are running this like a corporation, not a club.
Regarding the controversy over the HOA funds vs. the social club "gifted" funds this fact s/b considered: a number of long-term residents have contributed money to the previous defunct HOA with the intent that these monies were dues payments intended for the support and operation of that HOA. To use these funds for another purpose was not the "intent" of the contributors. The residents at large should have been consulted before any disposition of said funds took place. If, indeed, the previous HOA was a defunct organization, it had no legal power to do ANYTHING with these monies. I believe that all of this has been noted before and that our current HOA should actively seek the return of these funds. BOB MATTES-SPC 54
Great post, Bob. Thank you.
Thank you Dave for creating this blog! Charles Richardson told me directly, on his front porch, back in February, after I specifically asked him if he would give the old, HOA's funds of $7k to the new HOA. He replied: Yes, he would give the new HOA the money, once the new HOA was legal. Our new HOA has proven itself to not only be legal, but functioning for the benefit of ALL of us in the El Dorado estates!
Mary Farkas
There is a meeting open for all residents to attend on Sept. 7 at 7pm. The topic will be, "Should the new HOA legally persue the old HOA's money?". The new HOA will ask for a vote at this meeting. If the vote is "No", then the new HOA will let individuals handle everything thereafter. If the vote is "Yes" then the new HOA will go after the money as a group.
YOU SENIORS ARE A BUNCH OF COMPLAINERS.
Wouldn't you complain if someone took $9,100 from you? Don't be ridiculous!
I WAS ON MY WAY TO A DOCTOR'S APPOINTMENT IN OXNARD AND HAPPEN TO SEE A "GENTELMAN" FROM FILLMORE TAKING SOME PICUTRES. SINCE THE HOUSE HE WAS TAKING A PICTURE OF HAD A FOR SALE SIGN IN FRONT OF IT AND HE'S IN REAL ESTATE I THOUGHT IT HAD TO DO WITH BUSINESS. I WAS RIGHT, IT WAS MONKEY BUSINESS. I JUST SAW THE PICTURE ON JUSTFILLMORE BLOG. I GUESS "RENE MASTERSON" IS A QUEEN OF HEARTS, AT LEAST THATS WHAT HIS LICENSE PLATE TELLS ME. FILLMORE CITY HALL TROLL.
ROEGNER-----------------------------------------------
WHO IS WASHBURN AND SIPES SUPPORT FOR US PRESIDENT?I NEED TO KNOW.
Why don't you ask them?
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