From: Scott Gordon via Mesaterracehoa <mesaterracehoa+scott_at_gordon.bz@gaggle.email>
Sent: Monday, April 10, 2023 7:55 PM
To: Michael Carmel <michael@mcarmellaw.com>
Cc: scott@arizonapropertylaw.com; contactus@mesaterracehoa.com; sales@canyonridgeproperties.com; lamar@guidant.law; patty.chan@usdoj.gov; Mesaterracehoa <mesaterracehoa@gaggle.email>
Subject: [Mesaterracehoa] RE: Mesa Terrace - Information Requesting Feedback - Michael Carmel - Scott Potter - HOA Representatives
Mr. Carmel:
It is unclear why you are responding to an email from CRP asking what appears to be HOA related.
As you are aware CRP filed a claim that was suspended due to the BK filing relating to these claims.
We believe all homeowners should be treated fairly and those working for the HOA should be neutral parties.
We believe the parties should be spending all of this time working through how to come to an amicable resolution. Regardless which party "wins" years down the road, the community looses.
Based on the information released by Transcend Management and the other information we were curious if Mr. Potter and/or you would be reviewing/addressing potential claims against Zongfu/Jake OR if these items were not part of your scope.
Scott
Canyon Ridge Properties, LLC.
From: Michael Carmel <michael@mcarmellaw.com>
Sent: Monday, April 10, 2023 10:06 AM
To: Scott Gordon <scott@gordon.bz>
Cc: Scott Potter (scott@arizonapropertylaw.com) <scott@arizonapropertylaw.com>; contactus@mesaterracehoa.com; sales@canyonridgeproperties.com; Lamar Hawkins (lamar@guidant.law) <lamar@guidant.law>; Phil Whitaker <pwhitaker@frgalaw.com>; Phil Rupprecht <prupprecht@frgalaw.com>
Subject: RE: Mesa Terrace - Information Requesting Feedback - Michael Carmel - Scott Potter - HOA Representatives
Mr. Gordon,
I have looked at the Petition and Schedules that were filed on July 14, 2022. No claims (or potential claims) were identified in the Schedules as an asset of the HOA. I also note no such claims were identified in the Debtor's Plan of Reorganization. Any such claims need to be preserved in the Plan. If such claims exist the Schedules need to be amended and signed by an appropriate party under penalty of perjury. I can then investigate all details.
As to the second question in your email, are you (and presumably the Board) now proposing the Trustee pursue all available recovery options on all claims potentially due the HOA, or just the unknown, undisclosed claims you mention below?
Michael W. Carmel, Esq.
Law Offices of Michael W. Carmel, Ltd.
80 E. Columbus Avenue
Phoenix, Arizona 85012
*Also admitted in New York
Ph. (602) 264-4965
Mobile: (602) 206-7900
Fax: (602) 277-0144
This communication (including any attachments) is from a law firm and may contain confidential and/or privileged information that is protected from disclosure under applicable law. If it has been sent to you in error, you are hereby notified that any dissemination, distribution, or copying of this transmission is strictly prohibited. Please contact the sender for instructions concerning return or destruction by replying to Michael@mcarmellaw.com, and do not use or disclose the contents to others.
From: Michael Carmel
Sent: Sunday, April 9, 2023 9:22 PM
To: Scott Gordon <scott@gordon.bz>
Cc: Scott Potter (scott@arizonapropertylaw.com) <scott@arizonapropertylaw.com>; contactus@mesaterracehoa.com; sales@canyonridgeproperties.com; Lamar Hawkins (lamar@guidant.law) <lamar@guidant.law>; Phil Whitaker <pwhitaker@frgalaw.com>; Phil Rupprecht <prupprecht@frgalaw.com>
Subject: Re: Mesa Terrace - Information Requesting Feedback - Michael Carmel - Scott Potter - HOA Representatives
Were these alleged claims listed as an asset on the Debtor's bankruptcy schedules?
Michael W Carmel
Law Offices of Michael W Carmel, Ltd.
80 East Columbus Avenue
Phoenix, Arizona 85012
Office: (602) 264-4965
Mobile: (602) 206-7900
*Also admitted in New York
Sent from my iPad
On Apr 9, 2023, at 11:17 AM, Scott Gordon <scott@gordon.bz> wrote:
Mr. Carmel & Mr. Potter:
Read this information and as the HOA Representatives wanted your professional feedback. IF the facts supported it, do you agree the HOA (Homeowners) should review available options?
Would this be a task for the court appointed Trustee to review ALL available recovery options for potential funds due to the HOA?
Scott
Canyon Ridge Properties, LLC.
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If Zongfu and Jake, as Board Members of Mesa Terrace Condo Association, spent HOA funds improperly to repair their own property, neglect the maintenance of the community, and cause litigation to force another homeowner to sell to them so they could convert the community to apartments, they would have breached their fiduciary duty to act in the best interests of the HOA and its homeowners.
The improper spending of HOA funds, including repairing their own property and neglecting the maintenance of the community, would be a breach of their fiduciary duty as Board Members. Additionally, using HOA funds to force another homeowner to sell their property to them for personal gain would be a clear conflict of interest and a violation of their duty of loyalty to the HOA and its homeowners.
In this situation, Zongfu and Jake would be liable to the HOA and its homeowners for any losses incurred as a result of their actions. The homeowners could pursue legal action against Zongfu and Jake for breach of fiduciary duty, seeking damages for the misappropriation of HOA funds, and any other costs or losses incurred as a result of their actions.
Moreover, if the homeowners can prove that Zongfu and Jake acted recklessly or intentionally disregarded their fiduciary duty, they could be subject to additional legal consequences.
In terms of the options available to the homeowners, they could take several actions to hold Zongfu and Jake accountable for their actions. Firstly, the homeowners could demand that Zongfu and Jake reimburse the HOA for any misappropriated funds. Secondly, the homeowners could bring a lawsuit against Zongfu and Jake for breach of fiduciary duty to seek damages for their losses. Finally, the homeowners could take steps to remove Zongfu and Jake from their positions as Board Members, either through a recall election or by bringing a legal action to have them removed.
In conclusion, Zongfu and Jake's actions of spending HOA funds improperly, causing litigation to force another homeowner to sell to them for personal gain, and neglecting the maintenance of the community would be a clear violation of their fiduciary duty as Board Members. The homeowners have several options available to hold them accountable for their actions, including legal action to seek damages and removal from their positions as Board Members.
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