HIDDEN VALLEY LAKE, Calif. – A split between the Hidden Valley Lake Association Board of Directors and the general association membership over a community center project has taken another turn with members circulating a petition for the recall of Board President Bill Waite.
At the center of the dispute is the construction of the new Hartmann Complex/Community Center and a new clubhouse, including a restaurant, bar and golf pro shop.
Five of the seven board members seem to believe these projects – which are now estimated to cost about $5.3 million, revised from an original $7.3 million figure – can be accomplished without approval of the membership.
The member-residents contend that without a two-thirds majority of members qualified to vote the project cannot be done. They are supported in this contention by the HVLA Information Manual.
To create an action item for Waite's recall would require a petition signed by 5 percent of the HVLA membership, or about 200 people, which recall organizers believe they should reach within the next few weeks.
Lake County News is still waiting for a response from Waite regarding the recall petition.
An associate of Waite’s told this reporter that the board president asked that questions for him from Lake County News be in written form. A short series of questions for Waite were emailed to the associate on Thursday. There has not yet been a reply.
A minor complication to the signature solicitation occurred when a table set up outside Hardester's HVL market for signing purposes had to be removed when several complaints were phoned in.
This was offset by a demonstration last Tuesday afternoon by 25 members outside the HVLA administration building where some members of the board met.
The demonstrators – some carrying placards – were letting the board know how they felt about a hearing for the censure of director Steve Greenberg, one of the two board members who supports a community-wide vote and wrote a summary to the board explaining why.
As a result of Greenberg's summary document, he received a May 2 letter from the HVLA's general corporate counsel, Baydaline & Jacobsen LLP, that his fellow board members were notifying him of “actual and potential violations of your fiduciary obligations as an Association Director with respect to your unilateral and unauthorized decision to circulate your position paper (the 'Hartman Paper') to all residents at Hidden Valley Lake,” and that he should seek legal counsel at his own cost due to personal liability.
The letter also told Greenberg, “As a Director, you owe the Association and its membership a fiduciary duty to act in good faith and in the best interests of all members. This unmitigated duty of loyalty requires that you put the Associations interests ahead of your own personal interests and passions. A director's failure to adhere to their fiduciary obligations can lead to personal liability for their unauthorized actions.”
The letter from Baydaline & Jacobsen LLP also alleged that Greenberg provided “legal counsel” in his letter and made a “veiled threat” to the incoming general manager, with the letter “clearly intended to undermine and derail the success of the Project.”
Greenberg denies the allegations contained in the letter from Baydaline & Jacobsen.
The HVLA Board members apparently called off the Tuesday censure hearing and right now it is impossible to say where the issue stands due to confidentiality issues.
There was additional support shown for Greenberg at the HVLA Board's regular meeting on Thursday night. He received prolonged applause during the session by a room packed with his supporters.
“I'd like to thank everyone for showing up tonight,” he told the gathering. “I'm very grateful for their support.”
In a phone conversation with this Lake County News reporter, Greenberg said, “It was unclear how this (show of support) would evolve; there have been many people who were very instrumental in making sure there was the turnout there was on Thursday night.
“I think the people who spoke during the meeting spoke very well about the diversity of views and the concerns,” he added.
His only comment with regard to his potential censure was, “I can't say anything about what happened because it is covered by confidentiality, but I have never broken confidentiality.”
Greenberg spoke hopefully of the dispute between the board and HVLA members setting down and restoring order at HVL when newly appointed general manager Cindy Spears, who assumes her duties on Monday.
“I believe she is able to help us as a community to pass forward. It's been my mantra for a long time that we need to find a common path,” he said. “She has extraordinarily good credentials. Her reputation is at the highest level and is called a professional certified association manager ... it takes years to attain and there are only 2,000 of them.”
Greenberg added, “I think what has happened is unfortunate and I think that she may be able to help us.”
Email John Lindblom at This email address is being protected from spambots. You need JavaScript enabled to view it. .