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Today is the last day to mail in your ballot for the Palos Verdes Homes Association Board of Directors Election. They must be received by Moss Adams (the CPA firm) by close of business tomorrow, and the PVHA is not accepting ballots by email, FAX or walk-in this year (unlike prior years) – so please vote. Unless at least 50% of the members vote, there is no quorum and the PVHA has declared they will not even count the ballots and they will elect themselves for another year.
 
And if you’d like to be heard, the PVHA annual meeting will be held in PVE City Council Chambers at 8pm on Tuesday January 10th.  Results of the election will be announced, and members of the public can make a speech of up to 3 minutes.  Even if you do not want to speak, you may be interested to hear how the Board and Inspector of Elections addresses the anomalies that have plagued this election.
 
Below are two recent developments that you will likely find of interest:
 
1/3/17 Powerful Precedent for Rejecting Sale of Parkland. The central argument that the PVHA makes in its Appellant’s Opening Brief (AOB) in defense of the sale of CEPC/Panorama Parklands is that the PVHA is not bound by the underlying deed restrictions that state the parklands “shall not be sold or conveyed, in whole or in part, by the Grantee … except to a body suitably constituted by law to take, hold, maintain and regulate public parks.” This clause was in the deed the PVHA wrote when it transferred the parkland to The City of PVE in 1940 (click here), and in the deed whereby the PVHA received the parkland from the Trustee of the Palos Verdes Project in 1931(click here). The AOB states (click here) that the PVHA had the right to sell property in the original 1923 Protective Restrictions, and that that right has precedence over the deed restrictions. This argument centers on the intent of the PVHA when it transferred the Parkland to the City in June 1940. 
 
The PVHA does not acknowledge that in March 1940 (just months before that transfer), Pierre Lamure (a prominent resident who was chairman of the committee to incorporate the City of PVE) petitioned the PVHA Board to purchase for his own use parkland where he had illegally built encroachments adjacent to his property. Sound familiar? But unlike the situation in 2012 when the PVHA Board voted unanimously to sell parkland to an encroaching resident, the 1940 Board flatly rejected the proposal and moreover the minutes of the meeting acknowledged that the Board had previously rejected all similar proposals, citing the deed restrictions that prevented them from doing so. Per the article in the Palos Verde News (which was published by the PVHA at the time), here was the Board’s response: “It was explained to him [Lamure} that the Homes Association, under the terms of its tenure of park properties, could not convey them to a private individual.” The PVHA’s legal argument on appeal that it never intended to bind itself to the “no sale” of parkland deed restrictions is flatly refuted by the PVHA’s Board’s decision in 1940. For a copy of the two articles in the Palos Verdes News on March 15, 1940 on this topic, click here and here.
 
12/30/16 Letter from ROBE to Judge Latin:  ROBE’s attorney sent a letter to Judge Latin, who is overseeing the PVHA Election. The letter 1) asks why Judge Latin has not responded to ROBE's 12/9/16 letter; 2) suggests that ballots be allowed to be returned at the 1/10 Annual Meeting because there are many reports of members not receiving ballots and PVHA closed its office from 12/23 - 1/4 yet the ballots must be mailed back by 1/4; 3) asks for verification that the incumbents collected at least 100 signatures as required in PVHA's Resolution #177 and 4)  states if quorum is not met that ROBE will ask Judge Latin to hold the election open as required in PVHA By-Laws. For the letter, click here.
 
About ROBE (Residents for Open Board Elections)
 
We are a group of concerned residents that includes six former PVE Mayors and two former PVHA Directors. Bios of our candidates and names of our Steering Committee are on our website at www.pvegoodgov.org.
 
Save Our Parkland and Preserve our Home Values – Vote for Change at PVHA
 
All the best,
John

John Harbison
john_harbison@techspin.com
(310) 739-1838
 
Copyright © 2017 Nonprofit community activism, All rights reserved.


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