In 1971 the New Jersey Superior Court (State of New Jesey v. Kolcz) ruled that constitutional rights cannot be denied by any planned retirement community association, Rossmoor Community. The issue was one of a trespass complaint filed against persons seeking to distribute municipal campaign information to members of the community. An excerpt from the opinion, “Using the same reasoning as the Supreme Court, this court believes … that the present case involves defendants who were not engaged in commercial activity. It appears that persons endeavoring to disseminate political or religious information are protected by the Constitution, but those wishing to canvass an area for business purposes must yield to other considerations. The Supreme Court in Breard states that freedom of speech is not an absolute right, but must be adjusted to the rights of others. That right must yield whenever the attempt to exercise it is solely for the purpose of commercial profit. “This court believes that decisions relating to municipalities are equally applicable to Rossmoor, since it is in many essential regards a self-sufficient community.
These Case Against State Governments officers may believe that it is their duty to protect the Rossmoor residents from annoying or obnoxious sales methods, but the court cannot allow the corporation to decide to bar what it knows to be a bona fide political endeavor.” In short, the courts have upheld constitutional rights over company towns and private communities.
In the Arizona Appeals Court, (2 CA-CV 2001-0198), an opinion was given that bears directly on the issue of the delegation of legislative powers. The court said, “The legislative authority of the State shall be vested in the Legislature . . . . it is a well established theory that a legislature may not delegate its authority to private persons over whom the legislature has no supervision or control.
“The legislature cannot abdicate its functions or subject citizens and their interests to any but lawful public agencies, and a delegation of any sovereign power of government to private citizens cannot be sustained nor their assumption of it justified.”
George K. Staropoli
Citizens Against Private Government HOAs
http://pvtgov.org/
pvtgov@cs.com
Showing posts with label CAI. Show all posts
Showing posts with label CAI. Show all posts
DAVID A. McGRATH EMPLOYS FRIENDS IN VIOLATION OF CCV POLICY !!
David A. McGrath.... AGAIN! A credible new report came from the source close to CCV office alleging David A. McGrath is up to his old tricks and has LIED AGAIN to CCV homeowners in November 2009 Newsletter, where he said:
“Effective immediately, I have instituted a moratorium on spending; exceptions are allowed for life safety issues and emergencies.”
THIS IS NOT TRUE! Right at that time, David engaged HOA in a unecessary new lawsuit, which cost the association a ton of money, thanks to his personal vendettas. - "Inasmuch that David defies all of us, and is abusing the office (e.g. by hiring and signing contracts with friends in violation of CCV Policy and Bylaws, without countersignature of the Board's Secretary), David McGrath lacks the authority to “institute” anything without the Board's approval. " - Says received Report!
To circumvent our Bylaws, David acts perfidiously Behind the back of the Board and has stepped up check writing to an attorney (Raymond Szu) with whom, we heard, David made a deal to have him support his vendettas at homeowner's $$$. "This is inappropriate David McGrath, you must STOP abusing the office . STOP bringing in and overpaying your friend janitor ...what's his name, Chris?", David was recently admonished in public. - In November and December alone David aranged the payments to Raymond Szu, in the $14,000 range, asking him to file costly motions, which is the same type of squandering Pat Smith was doing with Adrian J Adams, Esq !!!- IF we are to recover, we cannot have dishonest Board Members bringing buddies to work here, and that’s what David is seemingly doing by overpaying friends to get them to share some profit with him.
These are the checks (miss)used for that purpose:
Check # 0003142 $3,645.00
Check # 0003145 $2,000.00
Check # 0003200 $7,987.50
---------------------
$13, 632. 50
Fact that these checks were issued without proper Board approval duly raises very serious concerns. Why is HOA treasurer going along with this inaproriate act? If this is true, the Board have lost control of our money and is letting check holders write the checks to whoever and whenever they wish, without deliberating underlining issues and voting to legitimize each of the new expenditures, which is the legal standard.
We urge the Board to STOP DAVID'S ABUSE and investigate his habit of hiring friends as vendors and check writing practice to same people, which in order to get on our payroll, David allegedly missrepresented as "Cheep" to the Board of directors !!!
We like to thank Mark Montgomery for his efforts to keep the public informed. Mark, we like your blue font, keep the messages comming. Please email the alliance the check numbers and amounts paid to David's vendor Chris (janitor)!!. - David and the Board treasurer could not be reach for comments. Nevertheless, both of them are invited to post here or send email to explain this alarming behavior!
It is interesting how people have double standards and are not even ashamed about that. Several months ago our treasurer was very adamant about firing Dana, our office assistant because she was less then truthful … OK , the lady lies so what? You are seating on the Board with the big liar and you are not bother with that… please explain, dear Lady Treasurer, why do you have “double standards”?
Mark is right! David and his cosigner could and should be held responsible to return our money to the association's bank account, if in fact, it is determine that payments they initiated did not come with proper approval of the Board of Directors and that is what we were informed.
“Effective immediately, I have instituted a moratorium on spending; exceptions are allowed for life safety issues and emergencies.”
THIS IS NOT TRUE! Right at that time, David engaged HOA in a unecessary new lawsuit, which cost the association a ton of money, thanks to his personal vendettas. - "Inasmuch that David defies all of us, and is abusing the office (e.g. by hiring and signing contracts with friends in violation of CCV Policy and Bylaws, without countersignature of the Board's Secretary), David McGrath lacks the authority to “institute” anything without the Board's approval. " - Says received Report!
To circumvent our Bylaws, David acts perfidiously Behind the back of the Board and has stepped up check writing to an attorney (Raymond Szu) with whom, we heard, David made a deal to have him support his vendettas at homeowner's $$$. "This is inappropriate David McGrath, you must STOP abusing the office . STOP bringing in and overpaying your friend janitor ...what's his name, Chris?", David was recently admonished in public. - In November and December alone David aranged the payments to Raymond Szu, in the $14,000 range, asking him to file costly motions, which is the same type of squandering Pat Smith was doing with Adrian J Adams, Esq !!!- IF we are to recover, we cannot have dishonest Board Members bringing buddies to work here, and that’s what David is seemingly doing by overpaying friends to get them to share some profit with him.
These are the checks (miss)used for that purpose:
Check # 0003142 $3,645.00
Check # 0003145 $2,000.00
Check # 0003200 $7,987.50
---------------------
$13, 632. 50
Fact that these checks were issued without proper Board approval duly raises very serious concerns. Why is HOA treasurer going along with this inaproriate act? If this is true, the Board have lost control of our money and is letting check holders write the checks to whoever and whenever they wish, without deliberating underlining issues and voting to legitimize each of the new expenditures, which is the legal standard.
We urge the Board to STOP DAVID'S ABUSE and investigate his habit of hiring friends as vendors and check writing practice to same people, which in order to get on our payroll, David allegedly missrepresented as "Cheep" to the Board of directors !!!
We like to thank Mark Montgomery for his efforts to keep the public informed. Mark, we like your blue font, keep the messages comming. Please email the alliance the check numbers and amounts paid to David's vendor Chris (janitor)!!. - David and the Board treasurer could not be reach for comments. Nevertheless, both of them are invited to post here or send email to explain this alarming behavior!
It is interesting how people have double standards and are not even ashamed about that. Several months ago our treasurer was very adamant about firing Dana, our office assistant because she was less then truthful … OK , the lady lies so what? You are seating on the Board with the big liar and you are not bother with that… please explain, dear Lady Treasurer, why do you have “double standards”?
Mark is right! David and his cosigner could and should be held responsible to return our money to the association's bank account, if in fact, it is determine that payments they initiated did not come with proper approval of the Board of Directors and that is what we were informed.
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