HolidayCity@Berkeley Open Meetings: Recent Episodes
Michael Alegre
Welcome to the podcast with transparency. Holiday City at Berkeley Shareowners
In this podcast series, we will have open meetings and informational recordings.
If you cannot attend meetings due to your schedule you can come here to catch up
to review, or research archives recordings.
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Changes for the best harmony
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All 12 resumes are submitted for the upcoming Directors Election. There are 4 seats open. Good Luck to all.
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Open Shareowners Meeting
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2 New Directors are appointed
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Sadly 2 Directors resigned for personal reasons. The formed a coup of seven to disrupt our welcome back meeting. This was a slap in the face to all shareowners as they did not get to have the information, we wanted to give them or were they able to speak to the quorum of 201 shareowners that were present.
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Audio only Open Meeting 1/5/22
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Audio only Open Meeting
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Audio only January 5, 2022 Directors Meeting
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This is the last open shareowners meeting of 2021 and also the last for the outgoing board as the new elected board takes control on Jan.1 2022
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This is the last Open Directors meeting of 2021
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Lots of questions were asked and a lot go un answered. Mario starts his yelling at shareowners again. The Grass cutting director, MARIO actually walked out of the meeting while were shareowners showed dissatisfaction with our current grass schedule and performance. Several shareowners challenged the information in the November bulletin and the directors reports they gave today. . .
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Directors meeting was a little long winded. Debates should not take place in this type of a meeting. I surmise politics was the agenda.
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Do you really want these type of people controlling our rights?
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Holiday City at Berkeley Candidates night starts at the 8 minute mark.
Alphabetical order but not really Gingrich and McGuiness comes after Pomponio?
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In this meeting it was announce no penalty for the Directors who cheated on the resume rules
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Do you remember this day 7/7/21? This is the day our President told the shareowners that Mayor Amato said the township would absorb all the liability insurance if any claims for damage occurred on our property that the president leased to the first aid squad. He or the board had no authority to lease anything according to the bylaws. He knew this and did it anyway. I have been chasing the insurance lienholder certificate that shows we are covered and they have not provided it. Guess why? I say we are at risk if some kind of accident or other claims arise. I did contact the mayor and the township administrator to confirm if he was lying. Of course if he wasn’t I wouldn’t post this.
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Improvements
These are suggestions submitted by New Board Candidates
Everything will be voted on!
1. WIFI in the clubhouses Thanks to Mr. Pomponio
2. Transparency, Transparency, Transparency
3. Provide the Minutes of every Meeting and every Binding vote before we spend, you won’t have to ask us.
4. New Online Bulletin with live updates
5. Updated to a 21st Century Website
6. Make your payments online
7. Email notices of Events (sign up is required)
8. Savings accounts to offset Bank fees
9. Shop every Vendor every year
10. Evaluate the maintenance expenses every year
11. Shop every expense every year
12. Cut expenses because where we Can
13. Amend the Committee requirements from 7 to 3
14. Help is on the Way for those in need. Help the shareowners, to resolve complaints, helping them make calls fill out forms, and creating clubs.
15. Expand the pool openings by two weeks
16. Form classes to learn the Internet and basic computer skills.
17. Have a class to teach the understanding of the Bylaws
18. Seek out the needy residents
19. Increase the Bylaw enforcements
20. Reach out to the shareowners
21. We will answer questions
22. We will never be condescending
23. Sign up for budget information classes
24. Restructure the Bus Contract add a Meeting Day pick up
25. Record Video/Audio live every Meeting that is open to shareowners
26. Open a line of communication by email or chat so the shareowners who want to speak about the issues can.
27. Set up a BOD meeting with the other associations to pick each other’s brains (Coalition)
28. Tear down that wall! Stop the abuse spending
29. Return office hours to 9-4
30. Review and correct every recent action the past board conducted outside the scope of their authority that was in violation to our governing documents
31. Hold current Directors liable for losses resulting from all their unlawful actions
31a. Conduct Surveys and use the results consideration for many suggestions, and decisions.
32. Posting all meetings on the website & having a link to ask questions.
33. Having information as clickable links, IE: clubs, complaints, newsletter, etc.
34. Having 1 late night for the office
35. Enforcing bylaws with warnings and handing out fines for non-compliance
36. Taking emails or phone #'s at meetings for responses to questions we have to look into
37. Updating the bylaws
38. Vote on monies spent over 5K
39. Review maintenance crew contracts
40. Review security personnel
41. Review the Grass cutting contract
42. Look at a pool maintenance contract
43. Investigate a salt water pool
44. Looking into Solar Panels
45. Form a “Welcome to the Neighborhood”: committee and welcome new members
46. Give members a self-addressed and stamped postcard or comment card annually that they can send to the association with comments, ideas and/ or feedback.
47. Research a Doggy Park amenity
48. Clean up the Landscaping on the clubhouse properties
49. Rust removal on sidewalks, buildings and structures.
50. Start a Men’s Club for barbequing at the pool.
51. Place Garbage cans wherever there is a bench in our community.
52. Shareowner Meetings at 6pm
53. Have a Year-Round maintenance schedule for our crew to upkeep our landscaping and property appearance.
54. Have informal open meetings to discuss shareowner ideas, concerns and comments. These will be recorded for all directors to reference. A quorum will not be necessary.
55. Relocate and redesign the Pool 1 Entrance. We need to better utilize the deck and recreation areas.
56. Review and update the “Rules and Regulations” section in our Bylaws.
57.
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After this meeting I asked if we could get a sit down to settle our differences and all hell breaks loose. They just cannot be civil. The president John McGuiness and I came to an agreement. The agreement included to allow me to print a rebuttal to 2 false articles defaming me by Barbara Egner in the September Bulletin. I wrote my rebuttal and was force to edit it because they did not like what I was exposing to the shareowners. This was my submitted rebuttal:
Unfounded Accusation
What is the Radburn Act?
Rebuttal
By Michael Alegre
After the 10:00am September 1,2021 meeting it was agreed it would be fair to address the articles written By Barbara Egner in the September bulletin. That article was so politically motivated and false, I had to send a copy to the State and this is the response I received from the Association Regulation Unit:
“Mr. Alegre. I spoke with the assoc. atty about the election law requirements. It appears they understand what needs to be done. If you choose, you can point out that things did not change until you contacted DCA. It is routine to have boards use their communication monopoly to assert they are always right. (I could write an entire book chapter in the misrepresentations board Presidents make to justify actions that do not comport with the law but which conveniently support their positions or hold on power.)
Until the law mandates equal time/access for owners when boards attack them or misrepresent facts, it is something each assoc. will have to deal with on its own. You can take solace in the fact that they felt the need to do this, which to me shows weakness at best.
The law needs to require that boards formally make our letters available to owners as part of the minutes (another reason to change board leadership so new members can see those letters). It is typical that, even when we point out board violations of owner rights and demand compliance, that boards announce the State supports them. In a recent case in which my letter excoriated a Board Pres for repeatedly cancelling elections for over a year (one of the most scathing letters I have written to a board), she outrageously reported that the DCA supported her position. Unfortunately, I am precluded from making my letter public, so I urged the complainant to demand that the board pres. make my letter available to the members-which she naturally would not do (and thus reveal her misrepresentation). As in your case I spoke with the atty to ensure he knew there would be monetary penalties if an election were not held in the immediate future- which is happening there.
This entire area needs much more legislative attention geared to protecting owners-starting with counsel fees for owners. The legislature needs to provide budgetary support for actual staffing if it expects the State to enforce all owner rights. I am overwhelmed with all manner of election complaints and inquiries (many of which are not directly addressed by the law and require interpretation -hampered by the need to adapt to a Covid situation) over the entire State and cannot keep up with what needs to be done. “
ME: You can see where the State is heading to help Shareowners stand up to the abuse Boards use against them. I have been doing the same, and every time I uncovered the truth, I stood up and provided it. Getting this Board to discuss or provide anything has always been an uphill battle since the first day I met them on July 23,2020. Because of the encouragement of many shareholders, I persevered. As a result of my journey, many good things have been accomplished, giving the voters a real chance for change. I do apologize to the shareowners for the seemingly constant public arguments I have had to go through, just to get your rights protected. It was the game they chose for many years. I hope everything in the end will turn out for the good, God Bless you all.
Barbara wrote that they were forced to contact the DCA and that was not accurate. The DCA ARU contacted them and the attorney first only because I filed a complaint. Also the complaint I filed had nothing to do with the 2020 election, it had to do with the Current 2021 election violations they attempted to execute. I have tried for over a year to discuss civilly different concerns about this 2021 election as you listen to this recording you can see that is impossible. I am the first person with the strength to put up a good fight, along with deep research, and with the advice and support from State agencies I have proven how misleading this Board has been for several years. My whole story will be available in a folder of chain letters, emails and other responses. You can contact me by sending an information request to: michael.alegre@comcast.net.
My efforts resulted in having 6 seats to be open for election instead of the 2 this board tried to enforce. Barbara also wrote they vacated their seats like they did something good for you, that is not true.
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The story continues. As per my handshake agreement on September 1st with the President John McGuinness, we made an understanding, no more out bursts in open meetings, and no more misleading information by the board. If you listen to this meeting towards the end Barbara Egner just can not stick to an honorable agreement. John did kind of reprimand her but way too late and she got her message out. Growing up I always believed and lived by the honor and commitment of a binding handshake. I was naïve to this mans intentions, they were not to be trusted. I had this in my resume and was forced to rewrite it because they did not like what I have been doing for the Last 17 months.
"Over the past year I have exhibited how the current BOD has not been in compliance with all the current Shareholders Governing Documents. The continued negation of the shareowners’ rights has energized me to run for election. All my findings are available upon request. The bylaws are our bill of rights." Why did this have to be removed?"
My Journey has been like pushing a boulder up hill. This Board had ran this HOA using dominance tactics for years. I fought for the shareowners rights and had to be just a little louder than the BOD to be heard. I regret that some shareowners were upset by the angst that needed to be used to get this far, but there was no other way and I always made sure my information was 100% rock solid. I fought for you and I won for you, now I have been campaigning for a complete new board to get our community back together. My accomplished exploration has given you the shareowners a once in a lifetime chance for complete change. You must vote for a complete new Board for this to be a success. If you look at recent history this year, they raised your fees per month resulting in a windfall of income for spending by the current board in the amount of approximately $200,000.00 This year they added and raised the spending in maintenance and payroll increasing by $240,000.00. Not finally but all in the same year this Board voted to make an agreement by using an "Use and Occupancy Agreement" to lease our rental parking to the First Aid for the sum of $1 for five years, renewable for $1 for the next 5 years. The result of this agreement will result in lost income at the minimum rate of $25,000.00 per year for 10 years or a total of $250,000.00. The board has a fiduciary to protect our assists not give them away. Our bylaws specifically say the Board cannot lease property with out 2/3 of the shareowners votes, so the went around this by signing a "Use and Occupancy Agreement". The use of this agreement in a lease format is illegal. If elected I will always protect your assets.
On July 2 of this year I was the only person opposing the current board for reelection. As my writings and discovery were being spread several people had stepped up and submitted resumes. As you can imagine my excitement got elevated. As of this writing there are 7 new candidates seeking the 6 open seats plus any directors seeking reelection. The field is about 13 for 6 seats. As is any Board of Directors majority rules. I am not saying we are all going to agree on every issue but I will say nothing is going to be rubber stamped anymore, nothing will be contracted with out 3 bids, nothing will be spent without a binding vote in front of the shareowners. All current Governing Documents will be followed and not circumvented like this BOD does at will.
It is a big sacrifice to sit on a Board of Directors, for all of the current candidates the dedication must be foremost, this cannot be a casual devotion. People who know me and the history of my work ethics will verify my working days are long and well thought-out. I will bring this to the HCB Board of Directors. I will never wavier in my commitment to the shareowners, I will always make sure your rights are protected. I have a complete library of facts for anything I have in the past used to defend your shareowners rights and I will make them available upon request to: michael.alegre@comcast.net
Anything I provide in my library can not be contested and I have, and still do invite all current directors to prove anything false. They have refused to debate my findings because they can not prove them wrong. Lastly why would they demand I rewrite my rebuttal for the October bulletin demanding I do not reference the DCA?
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The Skys opened just for our Park meeting. The storms scared a few away but the weather was outstanding.
We promise to be fully transparent so here is the unaltered recording.
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Holiday City @ Berkeley Shareowners recorded meeting 8/4/21
Since the last meeting, the Bulletin was printed misrepresenting the laws, the required details in the minutes, and a scolding of the shareowners by the President. Several upset Shareowners have sent to the Bulletin Director Mary Comments to be printed about our President's continued condescending writings and speech. To this day there is no record of apology for his behavior. I personally sent in a correct outline of what the laws demand when writing the minutes, to Mary for print, again the Board continues to snowball the shareowners who can not attend with false information printed in the bulletin. The Law says they must include in the minutes every subject matter discussed in an open meeting. They continue to just print the talking points that make them look competent. they never answer my question about fines, but they know how to talk about fines that have nothing to do with the question. They do that a lot throughout all the meetings if listen closely. The President misused the Roberts Rule "Point of Order" in a mocking way towards me. I think he meant let us keep order, but the only out of order was him. Listen closely.
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Directors Meeting In this meeting the Directors are to explain the current progress of their closed deliberations and discussions known as working meetings. Also in this meeting if any Binding votes are needed they will do it in this meeting with an explanation of what they are voting on, why they fee it is needed and the cost of any spending. This required by the Laws in the State of NJ.
There was no votes for spending in this meeting but they did say how they acquired outside purchases like they are allowed to negotiate and spend with out a Binding vote. The minutes have not been provided.
In this meeting, Joe and Laura introduce themselves as candidates for the Board of Directors. I update several researched discussions we had at the Past meetings. I spoke to the accountant, as he actually called me. We discuss what our current board is still avoiding concerning mandated laws.
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July 7, 2020, the meeting gets heated, The President and the Directors Flat out Ignore the Laws. This is the second mishandled meeting that was unbecoming as Directors. How come they will not answer the main question, "How many Seats are Open?" as they declared only 2 seats will be open for election. With the Lawyer in attendance, his silence to the situation was shocking to all. He was asked a direct question and did not answer it. Why was he there? He knew the answer as he has been working with many local sister HOA for over a 1/2 year. Something stinks in Demark. Within 5 days of this meeting the State Ruled as I argued,6 seats must be open for election. This meeting did not have to turn radical like the last meeting. It has been over 450 days for our board to adjust to the mandated laws. Last month Mr. President said they were going to follow the Radburn Regulations, but as you can hear they still denied the written Law
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7/7/21 Directors Meeting In this meeting the Directors are to explain the current progress of their closed deliberations and discussions known as working meetings. Also in this meeting, if any Binding votes are needed they will do it in this meeting with an explanation of what they are voting on, why they feel it is needed and the cost of any spending. This is required by the Laws in the State of NJ.
There was a vote for spending 350.00x 3 for hiring a DJ for the upcoming pool parties. The minutes have not been provided.
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As the Plot thickens. This Town Hall Park Meeting exposes the real Laws. I explain how oblivious our current Board of Directors are to the Radburn Regulations. Over a year has past since our directors were mandated to obey the NJ State laws concerning the Planned Development Real Estate Enforcement Act. As I research deeper into the laws I explain what is exposed as violations.
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Welcome Back with a Nasty Meeting. The Board of Directors has a complete disregard for our Governing Documents. They Break the Bylaws as Always. Our first meeting in over 18 months and 2 directors announce they can not stay and have to leave. The President is unbecoming and breaks confidentially laws, screaming and yelling. The disgraceful commotion occurred from minutes 22 thru 27. The other director is yelling shut, up and the vice president banging on the table. What a fiasco. Dozens of shareowners disgustedly walked out of this meeting. This behavior has been going on for years from our directors. In the next meeting as they try to steal another election as they did in 2020 eruption breaks out again as I prove them all wrong. The minutes of this meeting totally misrepresents what happened and do not mention "The Point of Order" and also did not follow the Mandated Rules that they must follow. With the minutes totally misrepresenting the atmosphere of this meeting the shareowners who did not get to go to this meeting and depended on the written description by the secretary were misled again and again. Anyone reading the minutes would think everything in HCB is just dandy. Listen to this recording and you be the judge. It is time for a change, it is time to take our community back. Vote for change!
The Radburn Act was to be enforced in May 2020 over a year ago. The following sentence implies that each association has different guidelines. It should say All associations. The adopted Radburn Act Amendments along with all the other statutes in Laws are the shareowners' rights enforceable by the Department of Consumer Affairs. Other Important examples are Notice of meetings, Binding votes must be taken in an open meeting to all shareowners BEFORE they can act on anything. This Binding vote amendment since May 2020 has been violated and is continued to be ignored by this current BOD
to
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