New top-level unit coming onto the market!
About this home
https://www.zillow.com/homedetails/535-Pierce-St-APT-1302-Albany-CA-94706/24853890_zpid/
#albany #baysidecommons #redfin #realtor.com #albanyca #condoforsale
URGENT: Opinions on CIMS Management?
Please reach out to him directly at the email address below, to express any experiences, good or bad, that you have had that you think are important for consideration before the board makes a large commitment on our behalf to CIMS. For example if you have emails you sent to the manager or management and did not get any response or very late response, we need to know.
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Come join the next Board Meeting on Tues. March 30th
Welcome our new Board of Directors!
Wednesday night began an exciting new and promising chapter for Bayside!
After several delays, the requested recall meeting finally took place and our community spoke loud and clear in a landslide 128 to 28 vote to recall the expired former Board. The winners were the following recommended candidates:
Thank you and Congratulations! We are looking forward to bright future for the community with this super talented, sincere and responsible team of our neighbors at the helm.
VOTE NOW! Board Recall and Election rescheduled, rescheduled again and again
Why are community members requesting to replace the Board of Directors?
Dear Concerned Homeowners Group,
We have come a long way to enforce our rights in having a say in managing the affairs of our community. Although we have received many of the Association’s documents, most unfortunately have not been released, including almost all of contracts.
Our call to stop signing new construction and other contracts (except for necessary maintenance) and allow a moratorium on ‘big ticket items’ of our capital expenditures is being ignored.
Limiting the homeowners’ discussion time and what may be discussed, cutting homeowners off during the open forum, disabling the Zoom chat to control homeowner’s communication, and not allowing many to participate in the meetings or discussions continues as an ongoing problem.
Board cut the time for members who wanted to get on the ballot by 19 days, and violated the 30 days’ notice required by law for homeowners to nominate themselves Civil Code 5115(a), because it did not fit their newly adopted election rule!!! The Board’s rule never supersedes the State law.
They only changed their plan on using the former manager to be our election inspector, after they received our demand letter from our attorney.
Considering the above mentioned, we need to observe the election closely.
We have several options at this point, and we as homeowners owe it to ourselves to explore them and decide. We could do this individually, or we could do it collectively; the choice is yours. We all should respect and appreciate each other’s limitations, in terms of time, funds, and priorities. Still, it should be noted that the collective action would be always received better than an individual.
Before we proceed, we need a few reminders:
1- The manager, and any other employee of the Association is working at the pleasure of the Board. The Board can delegate certain managerial responsibilities to the manager, but not the liabilities and obligations as for as the law is concerned.
2-The Board is formed by five homeowners, who volunteer themselves to serve on the Board. After they take their seat on the Board, the law expects them to faithfully serve for the good of the community without any consideration for themselves, and they must disclose any benefit to them by the association. This is called fiduciary responsibility, and is an important component to ensure the community is fairly served.
3- They always must follow the valid laws, be it the BSC governing laws (CC&Rs, Bylaw, Rules& regulations) or local, state and federal laws. When in conflict, local, state and federal laws are to be followed.
4- CC&Rs and Bylaw have never been amended since the nineties. The draft amendments for these documents were made in 2017. It was never ratified. According to the original documents:
- The term of office is one year;
- The annual meeting is mandated to be held once a year;
- The fiscal year ends December 31th;
- There is no mention of the annual meeting in June;
Current Board members:
Roy Torkington was a member of the Board and President from 2015 - 2018 and was re-elected to the Board in June, 2019. He has occupied a Board seat beyond his term since June, 2020.
Silvia Piedrasanta was a Board member in 2017, got on the Board again by acclamation (not elected) in June, 2018. Silvia Piedrasnata has remained on the Board beyond her appointment since June, 2019.
Troy Hynson got on the Board by acclamation in June 2018, as well. His stay as a Board member past 2019, has been beyond his one year appointment as well.
Hugh Caley was a Board member in 2017 and was appointed to the Board by the Board in December 2019. Hugh’s appointment to the Board was never valid because Troy and Silvia Board-appointed Hugh after their time period had expired and the Board itself lacked quorum at that time.
Due to the above facts, the appointment of Sandra Miller to the Board in March 2020 was invalid.
The members of the Board in 2017 conducted the elections of 2018, and 2019 according to the drafted bylaw, and not to the original legally valid bylaw. It is true that this practice started before the 2017, but in 2017 this issue must have been brought to the attention of the Board that attempted to amend it.
The Board members as of 2018 election: Roy Torkington, Silvia Piedrasanta, Hugh Caley and Tina Gee
The Board members as of 2019 election: Roy Torkington, Silvia Piedrasanta, Hugh Caley
Tina Gee, Roy Torkington, Silvia Piedrasanta, Hugh Caley knowingly failed to inform the membership about these issues, and referred to the invalid draft bylaw in their communications with homeowners. Because of the failure to follow the Board requirement of yearly elections, in addition to their allowed term, the entire Board has been acting without proper authority.
The hiring of Ms. Leon didn’t meet required Board’s quorum to be valid, and renewal of her contract was invalid because there was no legitimate authority for the Board, and even if it were, it should have been with prior notice to the membership. She absolutely has no legal ground to stay in her position. The Board is negligent in its fiduciary duty, in not enforcing our laws by:
- Renewing manager’s contract without the knowledge and permission of the membership;
- Allowing the violation of California Business and Professional code 11504 by Ms. Leon. This code requires the managers to submit their certification to the Board, conflict of interest documents, and some disclosures.
- Allowing out of budget spending by the manager
- Signing contracts in secret and not disclosing any documents
- Failing to submit a valid budget report
- Discrimination, harassment, and defamation of homeowners
- Using maintenance and office services selectively as “favor” for some.
We do not have accept this disregard for the law, and we can take one or more of the following actions simultaneously depending on the type of violation.
- Mediate and sue to enforce the CC&Rs and the Bylaw. We could also file against individual Board members as well. The prevailing party would receive their fees after a court case was tried.
- Contact police for suspicions of fraud on the part of Board or the manager
- Contact Contractors State License Board (CSLB) [https://www.cslb.ca.gov/]
- The Attorney General office would take complaint about violation of certain corporation codes. Below are the violations that are applicable to our case. To see the complete list please view on the Attorney General's website.
https://oag.ca.gov/consumers/general/homeowner_assn
The complaint form from attorney general office:https://oag.ca.gov/sites/all/files/agweb/pdfs/contact/business_corpform.pdf
Corporation Code Violations
Corp. Code, Section 7510(b) Failure to hold a regular meeting of the members.
Corp. Code, Section 7511 Failure to provide notice of a meeting to members.
Corp. Code, Section 7511(a) Failure to provide timely notice of meeting to members.
Corp. Code, Section 7512 Transacting business not otherwise authorized in the bylaws at a meeting of members with less than a quorum.
Corp. Code, Sections 7513 Failure to provide members with properly conformed written ballot or proxy as authorized in bylaws.
Corp. Code, Section 7520 Failure of mutual benefit corporation to provide for reasonable means of nominating and electing persons as directors.
Corp. Code, Section 8215 Falsification of or tampering with association reports or records.
Corp. Code, Section 8320 Failure to keep books and records, minutes of proceedings, or list of members.
Corp. Code, Section 8330(1) Failure to allow inspection and copying of names and addresses of members upon written request.
Corp. Code, Section 8333 Failure to allow inspection of books and records. To submit a complaint, please do the following:
- Fill out and send the complaint form. Your complaint must state which of the Corporations Code section(s) in the table above that you think the HOA has violated.
- Please attach copies of supporting documents. Do not send original documents because we cannot return them to you.
- Please include a copy of your written request(s) to the HOA as well as the HOA response letter(s).
For more information, you can contact and learn more about the Bayside Concerned Homeowners Group.
baysidehomeowners@gmail.com
Urgent Message About This Budget
Dear Bayside friends & homeowners:
Below are some of the main reasons that this year budget report is invalid & unenforceable:
1-It has missed the deadline required by law (in our case it was October 1st. most received it on 6th and 7th for some people): Owners are entitled to know at the beginning of the fiscal year what their association’s assessments will be. The board has a fiduciary obligation to determine what the assessments will be for that fiscal year and has a right to use the remedy provided in the Civil Code if expenses are greater than anticipated. Otherwise, the legislature would not have imposed a sanction for a board’s failure to timely distribute the new fiscal year’s budget, and a board could simply send out whatever they have and finalize the budget later.
§5300(b)(5) provides that an association’s annual pro forma operating budget is to be distributed 30 to 90 days prior to the beginning of the association’s fiscal year. If the association does not timely distribute its budget, then it does not have the right to increase regular assessments, at least not without approval of the homeowners (as described below in reference to §5605(b). This language makes it clear that it was the legislature’s intent that the budget be distributed once (and prior to the beginning of the association’s fiscal year), and that homeowners are entitled to know at the time the budget is distributed what the rate of assessments will be.
2- It implies the possibility of a mid-year increase,
To allow a board the ability to increase regular assessments mid-year does not allow the association’s homeowners to budget their personal finances properly and allows the board to approve and distribute a budget that is not a fixed and accurate accounting of the association’s projected costs for the fiscal year. The Civil Code does not specifically provide that an association has the right to increase assessments mid-year (without owner approval) just because it did not increase regular assessments by 20% when the budget was distributed prior to the beginning of the association’s fiscal year.
3- It contains the CC&Rs changes that was never approved by the membership
For example, rules for pets
Another issue with this budget is its illegal reduction of our reserves to the tune of 121,000 dollars equal to about 43 dollars per unit per month. Even if we did not increase the reserves and kept it at last year level, we would have seen a 68 dollars per month increase in our monthly fee instead of 25 dollars.
This budget as presented, has a built-in 6000 Dollars special assessment to cover the reduction of our reserves which will kick in a few months from now. This means we will have to pay over 13,200 dollars for next year’s fees. This is the mid-year increase of bullet point 2 above.
I have made it easy for you busy homeowner to see the problem areas by taking the reserve pages and highlighted them for you. Please look over these 3 pages and send an email to baysidehomeowners@gmail.com with your questions or concerns or need for clarification.
This budget paints a bleak picture of our future financials which will cause an immediate drop in our unit market value not to mention the enormous fees we have to pay. If you have such extra cash sitting around, ignore this warning. If not, please join our group of Bayside Concerned Homeowners to collectively stop this damaging chain of decision making that has resulted in this debacle.
The law is on our side. We can and should reject this budget before losing our right to do so. Please leave your comments and you can read about your rights as homeowners on the some of the other articles posted on this website.
Thank you
DOCUMENTS & ANALYSIS:
Word DOC 
>> Please see this 2019 vs. 2020 year over year comparison regarding the upcoming special assessment
Upcoming Town Hall Meetings 10.14.2020 and 10.15.2020
Wednesday's meeting is about security and crime, and how we can help prevent criminal activity in the community.
Thursday's meeting is a follow up with Cedar Construction Management to learn about the common area component investigation that is underway.
Please contact Nohemi at gm@baysidecommons.org well in advance if you would like to join and you are encouraged to send her your questions.
Annual Budget Report Due 10.01.2020
The Annual Budget Report was due from the HOA to all owners today. Has anyone received it yet?
Please share if you have in the comments, thanks
Message from Friends of Albany Hill
Greetings as we move into a new Season
Soon
it will be time to begin our monitoring of the Monarch Migration on
Albany Hill. We are seeing some visitors this month, although not
certain if they are summer residents or migration scouts. At the end of
October, Bay Area coordinator, Mia Monroe will be hosting a Zoom
refresher session with the goals of noting arrival of migration,
response to storm events, nectar use, mating, and dispersal. We will
post the Zoom event should you want to join.
Hillary Sardinas of the Park, Recreation,and Open Space Commission is
seeking ideas for Interpretive Signage on Albany Hill. If you have
knowledge of interesting tidbits or have ideas of what you would like to
know about the hill, please email: hillary.sardinas@gmail.com She
will be presenting topics requested to the Commission in October or
November.
Enjoy the hill, hiking, birding,meditating, relaxing, and wear your masks on the narrow trails.
About the Friends of Albany Hill
The Friends of Albany Hill works to preserve the special nature and open space in Albany, home to many native species of wildflowers, ferns, shrubs, and trees. We also support the Monarch Butterfly Migration located on the hill during the winter months. Contact us to get involved in gatherings on the hill.
more >> https://friendsofalbanyhill.org
Address:
REMINDER: Open Board Meeting Tonight 09.23.20 at 6:30
Please let us know if you have trouble accessing the meeting for any reason, Thanks
What aspects of HOA are governed by the Office of the Attorney General?
https://oag.ca.gov/consumers/general/homeowner_assn
Feel free to ask questions or add comments in the comment section below...
Incident at Pool Area in Community - Need transparency from HOA
As some of you may already be aware, there was an unfortunate incident that took place a couple weeks ago at the pool area near the main entry. A verbal altercation described as harassment and an alleged HOA Board Member confronting a female resident who was reading near the pool and proceeding to call the Albany Police Department on her. It appears this woman was mistreated... we have heard various things but have not been able to confirm all details, so we have requested that the HOA manager, Nohemi give a notification of what transpired to the community, as we all have the right to know if there is harassment or other issues happening in our community, especially when they involve Board Members. We are not sure why this important information was not provided to the community in a timely fashion.
We are still waiting on an explanation from the HOA and Nohemi. Please share any updates that you may have. It is important that we understand what occurred as soon as possible so we can take action to keep Bayside Commons a welcoming and safe place for all residents.
Friday 09.18.2020 Meeting Cancelled. RSVP for next meeting Wed. 09.23.2020
email: gm@baysidecommons.org EMAIL HER WELL IN ADVANCE
phone: 510 558-3100
We highly encourage all residents and owners to attend, this will be a very important meeting!
Also let her know if there are additional points that need to be added to the agenda:
which based on the newsletter included community activity, review of projected expenses, window washing, and more
Meeting Time: 6:30 PM Wed 09.23.2020 (Zoom Meeting)
How to attend? Please see above.
Agenda:
What are Common Types of HOA Fraud
- Embezzlement: California embezzlement laws define embezzlement as the act of someone fraudulently taking property that has been entrusted to him or her by someone else. This would mean an HOA board member covertly takes the HOA’s funds for himself or herself.
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Violating Corporation Law - Deceit, Exaggeration, “Cooking the Books”: Another type of HOA fraud is related to violating California corporate law. HOAs are typically California nonprofit corporations called mutual benefit corporations. Directors of a mutual benefit corporation can be charged with a crime if they commit certain misconduct offenses within the HOA. This includes:
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Lying about the HOA's finances
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Exaggerating information about the HOA's operations or finances
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Taking possession of any property of the corporation and not making an entry of this in the HOA's records
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Destroying or fabricating HOA records with the intention to defraud
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Kickbacks: A board member or group within the board conspires to steer contracts to vendors who have promised kickbacks in return for the business they’ll receive. Since the kickback money is a portion of the monies paid to the contractor, it’s a form of HOA fraud.
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Election Rigging: A more complex form of HOA fraud is rigging elections to the HOA board. Individuals band together to get their friends and associates elected to the board. Once elected, those board members use their power to steer contracts to companies they own, contractors who promise kickbacks, or to skim funds from the HOA. People who participate in election rigging can be prosecuted for mail/wire fraud and forgery crimes depending on the circumstances.
What Can You do to Investigate Fraud or Illegal Activity?
If you suspect fraudulent activity within your HOA board, it’s important to gather as many documents as you can to support your suspicions. It could be that a board member simply made a mistake, but if you believe there is intent to defraud, that’s another matter. Steps need to be taken where intention to steal or defraud takes place.
Requesting and Reviewing Your Association's Records
If you aren’t a board member and want access to the board’s records, Civil Code sections 5200-5240 allows you access to the association’s records. You can review or request copies of the following:
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Financial documents pertaining to reserves, budgets, financial statements, and audits
- Executed contracts
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Written board approval of vendor or contractor proposals or invoices
As a member of our Association, what are your rights?
Member Rights Established by California Law
Below is a list of some of your rights as a member of
the HOA. Please note this is not an exhaustive list... please
research further if you are interested, and feel free to post
anything we missed that you think is important in the
comments.
Board Meetings
Homeowners are entitled to 4 days' notice and an agenda for all open association meetings. If an executive session is held at a separate time, homeowners must be informed at least two days before the meeting. No owner notice is required for emergency meetings (Civil Code Section 4920). Homeowners may attend and address the board at open meetings at the time and in the manner established by the board (Civil Code Section 4925). There are penalties in the statute including $500 fines for failure of the board to comply.
Inspection of Records
Homeowners may inspect many of
the financial and other records of the HOA, although they have to
pay the direct costs to produce the records for inspection (costs
for copying and postage). If a homeowner requests the redaction of
information that is private or could lead to identity theft, they
must pay for those costs as well (Civil Code Section
5205(a)(f)(g)). There are
penalties in the statute including $500 fines for failure of the
board to comply.
|
Annual budget report (Civil Code Section 5300) |
Reserves Summary (Civil Code Section 5565) and account balances |
|
Interim financial statements |
Executed contracts |
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Approved vendor or contractor proposals |
State and federal tax returns |
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Any policy changes (Civil Code Section 5810) |
Meeting agendas and minutes |
|
Membership lists |
Check Registers |
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Governing documents |
Documents for prospective purchasers (Civil Code Section 4525) |
|
HOA Records Homeowners Have a Right to Access |
|
For the complete list of association records, see Civil Code Section 5200.
Disclosures
Homeowners are entitled to annual and other disclosures, which include: rules, fines, financials, budgets, reserves (including component list and funding plan), meeting minutes, assessments, insurance information, architectural procedures, and collection policies. Homeowners should also receive notices of dates, times and agendas of association meetings. (Civil Code Sections 4950(a), 5300, and 5520), and are entitled to distribution of the balance sheet and income and expenses for the prior fiscal year within 120 days of the end of the fiscal year. (Civil Code Section 5300)
The ByLaws and CCRs for our Community
*Please note these may not necessarily be the most up-to-date governing version, for that you would still need to request from the General Manager of the Association.
While not the least boring thing to read, it is important as residents and community member that we are aware of what the ByLaws and CCRs in our community state. These documents should also reflect our values as residents and owners at Bayside, and over time they can be updated and amended.
What are your thoughts on our ByLaws and CCRs? Please share in the comments below or send us an email message instead. Thanks~
Big Green Dumpter is here now until 09.11.2020
Looking for Guest Authors/Bloggers
We are looking for community members who are interested in contributing an opinion piece, public service announcement, poem/other art form, or other type of blog post that you think the community would appreciate. If you would like to learn more please contact us by email at baysidecommons@zohomail.com.
Please note this is non-paid. Our contributors and in fact all people involved on this website are 100% volunteers
Content requirements:
_ Must be your own creation, (cite sources if quoting others)
_ 6000 characters (not words) or less
_ 6 images or less (total filesize not to exceed 5mb)
_ 3 minute or less video (embedded from other site like Vimeo, Youtube, etc
_ Must align with our Community Norms
UPDATE: Please Attend Board of Directors Meeting, postponed until 9.23.2020
FRIENDLY-REMINDER: This meeting can be joined by computer, or by phone. To access via computer simply click the link and follow the prompts. To join audio be phone first dial (669) 900-6833 and then follow the prompt to enter meeting ID code above, followed by the pound sign. If you have any technical difficulties or would like to test your system in advance, please contact Bayside Commons General Manager at 510 558-3100 or email GM@baysidecommons.org
*If the General Manager is unable to assist you for any reason, please reach out to volunteers in our community at baysidecommons@zohomail.com and we will be happy to help
AGENDA:
