Why is the Board doing an end run on two term limits?

2/9/2022 13 Comments

Why is the Board doing an end run on two term limits?

Why has the current board decided that Russ Holowachuk can run for a third term on the board even though our bylaws limit all board members to two terms? As of January 1, 2022 California State laws reinstated our HOA bylaw 2 term limit.

The board met with our HOA lawyers last year and asked if he could run. The answer was yes.

The question that has not been asked of our lawyers -- “Is Russ Holowachuk eligible to hold office for a 3rd term after his second term expires and the HOA bylaw’s 2 term limit is in force again”?

The following question arises from these events:

Did the HOA and board intentionally avoid the question of whether Russ can hold office to promote their personal choice?
Why would the Board want to expose the election to questionable legal eligibility?
Is it fair to other candidates who will only have the opportunity to serve up to 2 terms under our bylaws?

The Blog would like to know your thoughts.

13 Comments

Joan

2/9/2022 08:56:38 pm

Would you expect anything less?

And, after all, he is one of the "good ole boys" and lord only knows what sins he is hiding in the depths of the books at DP. I speculate there is a heavy investment by some on the board to keep Russ on.

If the tables were turned, and let's say that for example, Bill was in Russ' place, well, you can be sure that the 2 term limit would apply in that case.

Adolf

2/9/2022 08:56:44 pm

Is very simple, please.

Show owners proof written of this "Legal Opinions".
Thank you.

Michelle

2/9/2022 09:27:27 pm

This has less to do with the Board wishes, as much as it speaks to the integrity of Russ Holowachuk to pursue a third term on a dubious technicality that was undoubtedly researched by lawyers at owners expense. Cast your ballots accordingly.

Denise

2/9/2022 10:37:22 pm

It stinks! Call ghostbusters. Association members have been slimed!

Bonny

2/9/2022 10:41:58 pm

I think that this is disgraceful.
Why do some individuals on the board think they are better than the rest of us.

We have certain board members that are so quick to enact so many new rules and fines..but they could not stand up and say this was not in our by laws.

We need new board members that will follow the rules and work for all of the homeowners.
CRONYISM NEEDS TO STOP NOW!

Terry

2/10/2022 08:37:22 am

The only explanation available to us un-informed homeowners regarding Russ's 3rd term of office is that his ability to run for a third term is based on a technicality. Nothing further than that. It is reasonable to conclude that the board wants Russ to get a third term because that would be beneficial to the current board's agenda as Russ is a leading cheerleader. This is just one more example of the board's purposeful non transparency. Board members should be elected by homeowners, not by the board using a technicality to serve their own agenda. Again the board's actions demonstrate their lack of respect for homeowners and their rights here at DP. Nothing to see here folks. Move along now.

Joan

2/10/2022 11:17:49 am

Exactly, well stated!

Michelle

2/10/2022 02:49:00 pm

Terry, you are spot on. Russ Holowachuk could not have run without the blessing of the current Board. They most certainly are complicit in advancing Russ's candidacy. An earlier posting by Bill Bender questioned why, when he asked the Board if he could run, they declared that no, he had previously "termed out". His point was there had to be two sets of rules for owners at DP......those who enjoy the favor of the Board and those who for whatever reason, do not.

The use of a technicality our lawyers were of the OPINION the Board they could use to allow Russ to run, lacks ethics. For, as was stated by a U.S. Supreme Court Justice in 1981, "Ethics is knowing the difference between what you have the right to do and what IS right to do." And this is not right.

Terry

2/10/2022 07:40:52 pm

Michelle. What we have here is an illicit election caused by the board putting their thumb on the scale to ensure the results that will favor the current board. Russ is all in on the current board's agenda and is the current boards answer to keep pushing their authoritarian agenda. We have bigger fish to fry at DP like DP sellers having mortgages available to their buyers but nothing stops the board from sneaking through their agenda in any way they can manage. Their latest move with Russ is an outrage against the homeowners who pay the bills.This board is corrupt and the results they produce are corrupt. The attorneys opinion concerning the technicality of Russ's 3rd term is nothing more than an opinion that can be bought from any number of attorneys. The board has no right to declare this opinion binding to favor their own agenda. The elections are subject to the homeowners rules and regulations and not the board's thumb on the scales. Don't vote for Russ. He is a placeholder for the current board that homeowners need to replace if things are ever going to improve at DP.

Trevor

2/10/2022 08:34:04 pm

I am very disappointed with the board of directors being sneaky and lacking transparency with the homeowners at Desert Princess. The board sent out an email making the homeowners aware of the loophole in this year’s board of election. This was to justify Russ Holowachuk running for his third term, which is completely against our by-laws. If homeowners knew about this “loophole” I am sure more past board boards would have put their names forward.

Homeowners run for the board to bring their skills and ideas to the board and try to make a difference. Russ has done that for 6 years it is time to move on. Why not let someone else bring their talent and skills to the board of directors. Over the past 2 years at one time or another every board member has shown up in person to a board meeting except Russ Holowachuk and Terri Swartz. Why is this? Russ doesn’t live full time at Desert Princess and has hardly been on property for the past 2 years. We need full time residents as board members who are willing to show their faces in public and speak to the homeowners and do not hide behind a zoom meeting. Board member who will treat every homeowner with respect and understanding.

Tom Rosa

2/11/2022 10:16:36 am

Wash Rinse Repeat Another topic and the same discussion. Lack of transparency and a board who knows better than the rest of us. Oh to be so wise. 20 years and the same old stuff. This place is sad. Tone deaf board . Do nothing management company. We are soo lucky to have them.

Kim

2/21/2022 04:36:37 pm

It is my hope we flock to the ballot box at DP on Saturday. Our community is worth fighting for and we have an opportunity to change the direction we're currently on.

I urge everyone to at least vote. Additionally, the past 2 years has illustrated the status quo is no longer acceptable by many at Desert Princess. Clearly one half of the owners are not engaged in community politics and almost half of those that are extremely unhappy with the current Board.

When casting your ballot, please remember that two existing Board members are seeking your vote.....Russ who is tainted not only by a legally invalid candidacy, but by his own admission is running to complete HIS work and HIS personal agenda. What of OUR community rights? Did he even ask us what we want? And Terri, who has served 3 years, during which time she directed the Governance committee, who views fining owners for infractions as a sustainable revenue stream and dangerous corporate mergers as acceptable to us.

It is so important to cast your ballot this election and hopefully our community will collectively vote for change. We need new ideas, increased transparency, accountability and hands on 24/7 governance by those who will use Zoom as a tool, not a shield to avoid face to face meetings with the owners..

Tom Rosa

2/26/2022 06:04:15 pm

Well the results are in......... drum roll please. The game remains the same
Wash Rinse Repeat. And the arrogance of a certain bord member to share their concession speech, Only to be miraculously re elected.
Spare me. Just more of the same. 20 + years of mediocrity.

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Charter

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Why is the Board doing an end run on two term limits?

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