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Dear Fellow HomeownersPlease see my response below to Mr. Dave Peters.
Kelly
---------- Forwarded message ---------From: Kelly Brown Albahri <greatestmomx4hoa@yahoo.com>
Date: Wed, Jun 2, 2010 at 9:36 AM
Subject: 2nd letter to Dave Peters
To: David Peters <dpeters@hoalaw.com>
Cc: "Simon J. Freedman, Esq." <sfreedman@hoalaw.com>, Michael Kim Law Offices
<mkim@mikekimlaw.com>, William Cozza <comfyor5hoa@yahoo.com>, Maria L
<or5_hoa@yahoo.com>, Anthony Brannan <abrannan@cox.net>, Willie Levett
<willielevett@cox.net>, David Diestel <ddiestel@fsresidential.com>, Any Ferrell
<AFerrell@meritpm.com>, Tony Woltman <twoltman@meritpm.com>, Scott Mehlberger
<smehlberger@meritpm.com>, Susan DeGrassi <sdegrassi@meritpm.com>
THIS LETTER WILL BE DISSEMINATED TO MERIT EMPLOYEES-FIRST SERVICES-ALL OR5CA HOMEOWNERS-ALL INTERESTED PARTIES-NOT
A CONFIDENTIAL LETTER
Dear Dave Peters,
I told you before, I do not take threats from anyone, apparently you have to be
reminded of those words. And again, I will not pay you one cent for this worthless
rubbish, you call a letter, so go ahead and keep wasting your day coming up with more
ridiculous reasons to harass me.
You continue to presume that you are our lawyer and that Merit has a valid contract. I
assure you, in case you are in doubt, you are not the Otay Ranch 5 Community
Association Attorney, and Merit is not our managing agent. No matter how many
snickers pass between you and the Merit employees, or the phone calls of assurance, or
the calls and the emails that 3 members of this Board no doubt are involved in.
You amuse me Mr. Dave Peters. You will not produce the contract or the signed
written consents from Lindsay Management Services, Walter's Management, A.
McKibbin & Co. or Goldrush Condominium Association, and yet you seem to have
nothing better to do than write to me, seems to me that you should be contacting these
other people, don't you think? I am not a lawyer, but it does seem like it should be
common sense.
Now back to your ridiculous letter. Of course I have the Association's records, I am the
CFO (Treasurer) of this Association, and if you think I will breach my fiduciary duty and
give them to you or to Merit, I assure you, I will not.
While it is clearly none of your business, I will entertain (though for a short while) your
thoughts of what is incumbent upon me. It is incumbent upon me, Mr. Peters to
protect this Association from people that aim to take advantage of this Association. It
is incumbent upon me, Mr. Peters to perform my fiduciary duty. It is incumbent upon
me, Mr. Peters to remind you that all this posturing and bullying are not costing this
Association one red cent, and that you are doing all this for free, because I think it is
just how you must get your kicks.
As I read further in this rubbish pile, you call letter, I read that you have been directed
to institute legal action against me to compel me to transfer records as well as
reimbursement of attorney's fees. Directed by whom, Mr. Peters? The 3 members of
this Board know I have D&O coverage, but perhaps (Maria, Anthony & Willie) have
forgotten that I know with certainty that they are the ones that breached fiduciary duty,
and violated codes and by-laws and the Davis-Stirling Act, that "majority of the board",
is that whom you are speaking of? In case you are in doubt of what I say, I assure you
Mr. Peters I have mountains of proof.
And the meeting of May 24, well Mr. Peters, we both know the truth about that Agenda,
and the legality of the Open Session and the Executive Session. So please, stop
insulting my intelligence, and like I told you before take me to the Judge. My bags are
packed, my documents are in order, I am ready. Please tell me when we are going and
where to meet you.
You have a nice day, and try not to focus on me or the records I hold so much.
Sincerely,
Kelly Brown Albahri
Vice-President-Treasurer