Concerned Homeowners of Mesa Terrace Condo Assoc.: RE: Mesa Terrace

From: Scott Gordon via Mesaterracehoa <mesaterracehoa+scott_at_gordon.bz@gaggle.email>
Sent: Monday, April 24, 2023 11:51 AM
To: Scott Potter <scott@arizonapropertylaw.com>; sales@canyonridgeproperties.com
Cc: lamar@guidant.law; Nash, Jeanna <jnash@udalllaw.com>; Corrales, Jody A. <jcorrales@dmyl.com>; patty.chan@usdoj.gov; Mesaterracehoa <mesaterracehoa@gaggle.email>; Mark Bainbridge <mark@bainbridgelawfirm.com>; contactus@mesaterracehoa.com
Subject: [Mesaterracehoa] RE: Mesa Terrace - Objection to April 24th, 2023 Meeting

Scott:

I understand you were "informed" but you know this is incorrect. You know the notices were sent to the wrong mailing address by Transcend even after you confirmed the address, and you were notified last Thursday that the notices had still not been received.

After reviewing the annual meeting data, it appears YOU and potentially Carmel are the only attorneys that are aware of A.R.S statutes that allow the HOA to send voting communications only by email, require on-line voting to participate in an election process and not provide a written ballot option to allow equal participation in the voting process.

Under your authority and/or approval it appears the Trustee and Transcend are doing everything possible to limit the election process and create liability for the community. Carmel has been paid by Zongfu (Zongfu confirmed this with a communication to the Homeowners). It is ironic that if a homeowner wishes to vote for Zongfu's group they were given 10 days to facilitate that process BUT if homeowners wish to participate in the write in process, they are required to vote online within a thirty (30) minute time slot (an entirely separate and difficult election process).

Multiple homeowners have provided notice to the HOA relating to the meeting notice confusion and different voting options depending on whom you wish to vote for. Jake (from Zongfu's group) sent multiple emails to the Homeowners offering to help clarify any confusion with the voting process referencing to submit their ballots. Ironic that he is sending / pushing the written ballot.

For the sake of documentation purposes, I reviewed the communications you sent on Friday. I attempted 1 of the codes you sent me (today - on April 24^th, 2023) and received the attached error message below.

A quick review of the on-going escalation.

Transcend sent meeting notice to homeowners which stated write in candidates would be available via a special ballot.
Potter communicated write in option will NOT be permitted for the meeting whatsoever.
Potter sent multiple communications referencing meeting was proper and Trustee is continuing with the process.
At the beginning of the meeting, Potter announces meeting #1 is being re-scheduled and clarifies how the write in process will work at the re-scheduled meeting which included stating the write in ballot will allow write ins.
Transcend sends out the new notice (for the 2^nd meeting) to the homeowners.
Transcend sends a certified notice packet to CRP specifically but does not include any online voting information (the codes required to participate).
Lamar writes Potter asking why all of the processes specifically communicated during meeting #1 are no longer being followed.
CRP notifies Potter that notices were not sent to the proper mailing address and advises how many notices were received versus not received (after Potter personally reached out to CRP to verify the mailing address). Unique voting code was needed for each specific unit.
Multiple homeowners and an HOA attorney communicate continued confusion about the meeting process, which ballots are valid, questions about online voting, etc.
Potter sends CRP all voting codes 1 business day before the meeting (first time receipt for all 34 units).
CRP is required to participate in online voting and process 1 vote every 45 seconds consecutively for 30 minutes to comply with HOA voting requirements.
Any homeowner who wants to participate in the write in process must be available at a specific time and be able to access the online voting platform being required. If homeowner wishes to vote for Zongfu's group 10 days available, no logistic requirements fill out a form and return it, no online requirements, etc.

As counsel for the HOA, you and all of the HOA representatives are supposed to be an objective third party. The Trustee with your assistance hired a "professional management company" who coincidently was recommended by Zongfu. Transcend should have been able to facilitate a meeting without all of this drama, mis-communications and not the HOA not incurring $10,000 plus in legal fees. How will Kristen and Transcend respond when asked which other communities they manage, and which ones have limited write in candidates to online voting only similar to the Mesa Terrace requirement.

Maybe we will better understand the situation when the HOA is asked to testify on why the election process was run the way it was, and corresponding communications are disclosed.

Hypothetically, if a law professor was scratching his head after reviewing all the communications and believed the case would be a perfect assignment for his next class to use as a case study, the final written opinions sure would be interesting reading material and excellent exhibits.

The HOA has received numerous communications from different homeowners objecting to the way which the meeting has been facilitated and most notably the HOA restricting all homeowners from voting utilizing the same medium regardless of whom was being voted for.

CRP is NOT in favor of the special assessment as outlined in the notice. CRP has been denied a reasonable process to participate in the election process. CRP has not received notices for multiple units by US Mail as required. The Trustee changed the number of Board Seats from 3 to 5 after the initial meeting notice was communicated. The Trustee has the ability to raise the # of Board Seats from 5 to 9 per the CCRs which could presumably solve this matter OR the meeting should once again be re-scheduled, and the process Potter outlined during meeting #1 adhered too.

Scott

Canyon Ridge Properties, LLC.

From: Scott Potter <scott@arizonapropertylaw.com>
Sent: Friday, April 21, 2023 3:55 PM
To: Scott Gordon <scott@gordon.bz>; sales@canyonridgeproperties.com
Cc: Michael Carmel <michael@mcarmellaw.com>; mgross transcendhoa.com <mgross@transcendhoa.com>
Subject: RE: Mesa Terrace - Objection to April 24th, 2023 Meeting

Scott:

Thank you for your response. I have spoken with the Trustee and the Community Manager. I am informed that in addition to the notices and ballots that were mailed to Canyon Ridge Properties (CRP), CRP also received unique emails relating to each unit providing the notice, ballot, and information (unique Account Number and Voting Code) needed to log on to the online live voting system.

As one final accommodation to CRP, the Trustee has requested that I send CRP the notice and ballot again by this email. I have also included a list of CRP's unique Account Numbers and Voting Codes that CRP can use to access the live voting system during the special meeting, should it choose to cast live votes.

CRP has been provided this information three times now and has all information necessary to cast its votes. Nothing is prohibiting CRP from doing so.

Kind Regards,

Scott Potter

1525 S. Higley Rd., Ste. 104

Gilbert, AZ 85296

Main: 480.939.4884

Direct: 480.658.0967

arizonapropertylaw.com

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From: Scott Gordon <scott@gordon.bz>
Sent: Friday, April 21, 2023 9:48 AM
To: Kirsten Shafer <kirsten@azpropertyexperts.com>; Scott Potter <scott@arizonapropertylaw.com>; kirsten transcendhoa.com <kirsten@transcendhoa.com>
Cc: Mesaterracehoa <mesaterracehoa@gaggle.email>; Lamar Hawkins (lamar@guidant.law) <lamar@guidant.law>; patty.chan@usdoj.gov
Subject: RE: Mesa Terrace - Objection to April 24th, 2023 Meeting