While we're waiting for the bushes to be trimmed, I thought this would be a good time to let you know why I'm so persistent and determined to hold Jim Joyce, and the so-called directors, accountable. What follows is what I call the Lobbying Letter. I sent it to the mayor, the vice-mayor, the city council, organizations, agencies and the media. I started sending it in the spring of 2009 and stopped sending it a few months later when I found out that Jim Joyce was no longer our property manager and no longer a partner with Mark Caro Property Management (now known as Sterling Real Estate Management).
.................................................................................................................In 2004 I wrote several newsletters recommending changes in the way my townhouse community’s HOA is run: I proposed guidelines that would tell us who’s responsible for what, and how routine matters would be handled. I even tried to get elected to the board, hoping for a clear mandate to make changes; I got nine votes, which was no mandate at all, so I did not rejoin the board. However, as a result of my efforts, two things did change: the members are now notified of the time and place of board meetings (though sometimes after the meetings have taken place) and, at my request, the bushes in front of my home were removed, and grass planted in their place.
And, within a month, the lawn in front of my home was dead. That year, and every year since, the lawn in front of my home has died or deteriorated while surrounding lawns remained healthy. I have written letters, gone to meetings, and used other legal means, such as filing formal complaints, to try to remedy the problem. Yet, every time the lawn was restored the next year it died or deteriorated all over again. It remains to be seen if it will happen this summer, but when it happened again last summer, I wrote to director Judith Kyrala on June 30 and put the letter (item 1) in her mailbox.
On July 1, the lawn was reseeded.
Because I said I would in my letter to Ms. Kyrala, on July 21, 2008, I attended part of a scheduled board meeting. I arrived after it began and left before it ended. While I was there, Jim Joyce, of Mark Caro Property Management, moderated the meeting. When I was recognized, I asked if the billing records for the lawn were available (as requested in my letter to Judith Kyrala); Jim Joyce, told me they were not. I then proceeded to present the following signed statement to the five directors present. The first paragraph of the presentation of my statement was spoken; I read the second paragraph. (Exhibits not included):
This is what the lawn in front of my home looked like when I bought my townhouse (flyer).As you can see, there is nothing unusual about the lawn. This is what it looked like on June 8 of this year (picture 1). As you can see there is hay on the lawn from work that was done a few weeks earlier, and you can see the sprinkler system is being worked on. You can check the billing records to see just how much extra work has been done on the lawn since Morning Dew removed the bushes, yet in spite of all that extra work—or, as I believe, because of it—this is one crummy looking lawn. But I guess someone decided it wasn’t crummy enough, because this is what it looked like just three weeks later on June 30 (picture 2). As you can see, the lawn across the alley is still green.
The lawn in front of my home has died or deteriorated, while surrounding lawns remained healthy, every year, at least once a year, since the bushes were removed. There is no doubt in my mind that it is done intentionally, to aggravate me, as payback for being an outspoken critic and for filing formal complaints. Every time it happens Association property is damaged by the very contractor engaged to maintain the landscaping. It stresses the lawn and some of the grass dies resulting in bare spots and weeds. And it stresses me. Every time I have to deal with this, it causes me health problems. I am being injured just the same as if you shot, or stabbed, or struck me, so I consider the actions of the landscaper, done with your full knowledge and approval, to be an assault upon my person. And if it happens again, I swear I will use every legal means available to me to make certain that each and every one of you is punished to the fullest extent of the law for any and all crimes you may have committed against me and this Homeowners Association, so help me God.
During the presentation of my statement at the July 21, 2008 board meeting, Jim Joyce, of Mark Caro Property Management, interrupted me three times asking in a derisive tone, “Is that all you’ve got?”; when I read the part about my stress related health problems, Jim Joyce laughed, which caused me to look at him—he was smiling; when I continued to read my statement, Jim Joyce reached over and tried to close the folder that contained the statement. I pushed the folder back to a fully open position. He again tried to close the folder. I pushed it back open and finished my statement.
After I finished my statement Judith Kyrala told me it was illegal for me to put my letter to her in her mail box; I told her to report me to the Post Office. She then repeated that it was illegal and I told her that next time I would hang it on her door the way I usually do; that seemed to satisfy her.
Though my memory of the exchanges with Bette Holloway and James Furst is vague, according to my notes,
Bette Holloway said the lawn looked fine now; I said it’s still one crummy looking lawn, or that it didn’t look fine on June 30, or something to that effect.
James Furst said, it’s Arizona; I understood that to mean that I should expect the lawn to die; I pointed out that in the June 30 picture the lawn next door is still green.
However, I vividly remember Susan Jennings asking, “Are you threatening us?” I told her, “No, you threatened me through your lawyer”.
I then told Jim Joyce that I expected “this”, indicating the items I had placed on the table—which were my signed statement, the flyer, and two pictures—to be included with the minutes of the meeting, and to be shown to the directors who were not present.
I then left the meeting without further comment by me or any one else.
Item 7 of the Minutes of the July 21 meeting states: Bill Lee showed pictures of his front yard and discussed the condition of the front yard of his lot. Mr. Lee made it very clear and accused the Board, the PM and the landscaper of killing the grass and causing the sprinkler system not to operate. It was noted that Mr. Lee’s yard looks fine as of this meeting date. Mr. Lee was asked to leave the meeting after threatening the Board (item 2).
On July 29, the sprinkler system in front of my home was turned on and left running. I called Jim Joyce and left a message, and then wrote him a letter (item 3).
On August 29, the landscaper dumped lawn trimmings in my recycle bin. I called the police (police report included: item 4)
At the September 15, 2008 Board Meeting the Minutes of the July 21 Board Meeting were approved. Please note that though the Minutes of the September 15 Board Meeting (item 5) record a discussion of the landscaper and the sprinkler systems, there is no mention whatsoever of my July 29 letter to Jim Joyce or the August 29 police report.
In November, I received the Minutes of meetings that I had requested, and discovered I had been libeled in the July 21 Minutes.
At the November 25, 2008 Annual Meeting, I distributed copies of page 1 of the minutes of the July 21 Board of Directors meeting and made the following statement: I categorically deny that I was “asked to leave the meeting” and I categorically deny “threatening the Board” and hereby declare, without reservation, that the statement “Mr. Lee was asked to leave the meeting after threatening the Board” is false and libelous.
I request and, if I have the right to do so, respectfully demand that the Board of Directors immediately arrange for this matter to be reviewed by the appropriate HOA and/or Corporation oversight entity at a venue at which all witnesses will be required to testify under oath.”
I then handed the letter (item 6) to James Furst, president of the HOA, announcing, “I am now delivering to you the letter I have just read from”. I then distributed to the members copies of the letter.
On November 26, I mailed a copy of my November 25 letter to the Associations attorney, Keith Hammond. When I received no response from the Board on my request for a hearing, on December 9 I wrote a second letter (item 7). The December 15, 2008 response from the Association’s attorney states: “With respect to your "demand that the Board of Directors immediately arrange for this matter to be reviewed by the appropriate HOA and/or Corporate oversight entity .... ", we decline your "demand" as "this matter" does not concern a violation of the Association's planned community documents or any statute that regulates planned communities.” (item 7a: Please note that the letter states, “…we consider the minutes of the November 20, 2008 meeting to be accurate…”; however, it was the July 21 minutes in which I was libeled.)
Since then, I have sent a complaint to the Dept. of Fire, Building and Life Safety, I have filed a consumer complaint against Jim Joyce for libel (CIC 09-00790 Mark Caro Property Management) and I have tried to bring suit against Jim Joyce and the Directors of the HOA for libel; all to no avail. I have used every legal means I can think of to hold these people accountable for their actions yet have had no success. So, obviously, the laws need to be changed: there needs to be a licensing agency to regulate property managers, and there needs to be more robust oversight of HOAs. I have no idea how common this sort of thing is; however, it is my understanding that 1 out of every 6 Arizona homeowners is a member of an HOA. If their experiences are anything like mine the laws need to be changed and I implore you to do what you can to make it so.
If there is anything at all that you can do to help change the laws, please do it. If you have any advice for me, I would welcome it. If there is any office holder or organization or agency that you believe may be interested in my story, please let me know. Also, please feel free to give a copy of this letter to anyone whom you deem appropriate; however, I must ask that you be discreet.
In 2007, after the Board had ignored my efforts to obtain information about the installation of plastic pressure regulating valves on our sprinkler systems, I informed several directors of my intention to file a consumer complaint in an effort to have the matter investigated (CIC 07-18507 Mark Caro Property Management). I provided them with a copy of the complaint and invited them to include a statement with my complaint. Their response came in the form of a letter from the HOA’s attorney “Please be advised that this Firm represents the Greenlaw Townhouse Unit II Homeowner's Association. I have been asked by the Homeowner's Association to respond to your defamatory sworn statement dated September 20th, 2007, addressed to my clients. . . At present the Board has approved suing you for at least $1,000.00 for each person whose reputation has been harmed by your libelous Statement”. They had approved suing me for at least $126,000! Though they now claim they “have no file or document” concerning this matter, at the time it was pretty intimidating. (I have included a series of letters relevant to this matter: items 8a,b,c,d,e,f,g,h).
I will be sending letters similar to this one to others I hope may be interested in my story. Maybe between us, we can make some changes. Thank you in advance for any help you wish to provide.
Sincerely,
William P Lee
2521 Eva Loop
Flagstaff, AZ 86004
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Because it was so much easier to do so, I have posted the documents referred to in the above letter separately. Please see Lobbying Letter Documents...
Lawn picutes mentioned in letter but not provided:
6-08-08
6-30-08
Also, I think it's worth mentioning that it has been my experience that the so-called directors never answer their mail; instead, they use our money to pay a lawyer to do it for them.
