From: Scott Gordon via Mesaterracehoa <mesaterracehoa+scott_at_gordon.bz@gaggle.email>
Sent: Saturday, January 7, 2023 2:33 PM
To: Mesaterracehoa <mesaterracehoa@gaggle.email>
Subject: [Mesaterracehoa] FW: Mesa Terrace Condo Association - Zongfu Li - Legal Services
Summary:
Email from Michael McGirr, Attorney #1 for Case #1 representing Mesa Terrace Condo Assoc and responding to an inquiry from Canyon Ridge Properties, LLC. Mr. McGirr's email speaks for itself.
NOTE: It is believed Mr. McGirr meant APM rather then ACM and this was a typo.
From: Michael J. McGirr <mick@PhocusCompanies.com>
Sent: Friday, January 6, 2023 10:48 AM
To: Scott Gordon <scott@gordon.bz>
Cc: contactus@mesaterracehoa.com
Subject: RE: Mesa Terrace Condo Association - Zongfu Li - Legal Services
Mr. Gordon,
Thank you for the clarification.
I was lead to believe that the work that was requested of my office was exclusively on behalf of MTCA, not on behalf of (or in furtherance of the interests of) any individual, including Zongfu Li. I was led to believe that Mr. Li had proper authority to speak on behalf of MTCA, who was my client. As it has been a few years, I do not recall specifically who led me to believe that, whether it was the board or ACM, but the belief was reinforced consistently by the fact that Mr. Li was, as you can see from the correspondence below, often the mouthpiece for the board in directing my firm's work on behalf of MTCA. On each occasion that direction for the board/MTCA was received from Mr. Li, the same was done in the presence of the remaining board members and/or ACM (both in person or via email) with every indication that, whether Mr. Li was a member of the board or not, the board was in agreement with the direction.
It is important to keep in mind that, at no time was my firm general counsel for MTCA. Rather, my firm was engaged solely for the narrow scope of pursuing remedies, including through litigation, related to the dispute. Accordingly, it did not fall to me to determine the propriety of those in attendance at the executive sessions, etc. Rather, that should have fallen to the board itself, to ACM, or to whichever firm was MTCA's general counsel at that time.
Cordially,
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| Michael J. "Mick" McGirr | | |
| P: (602)457-2191 | | |
| 7600 N. 16th St., Suite 100 | | |
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From: Scott Gordon <scott@gordon.bz>
Sent: Thursday, January 5, 2023 11:08 PM
To: Michael J. McGirr <mick@PhocusCompanies.com>
Cc: contactus@mesaterracehoa.com
Subject: RE: Mesa Terrace Condo Association - Zongfu Li - Legal Services
Mr. McGirr:
Thank you for the quick response.
I am writing you on behalf of Canyon Ridge Properties, LLC. (CRP) although to be clear I am also a Board Member (you can check AZ Corporate Commission).
While I would agree with you in regular circumstances about client attorney privilege based on the example email thread provided below and the knowledge that Zongfu Li was not a Board Member until 12/16/20 it is clear you were communicating with a non-Board member whether you were aware of it or not and thus it is my understanding there is no client attorney privilege.
A 2004 Motion was recently executed and APM released all of their records. The email thread I included below is 1 of many communications being reviewed.
At this time CRP was reaching out to give you the benefit of the doubt and determine if you were mis-lead by APM, Zongfu and the Board Members to believe Zongfu was a Board member OR if you knew and for whatever reason you continued to work with / take direction from Zongfu (a homeowner that had a goal to have you stop the sale of units which is clearly outlined in many emails disclosed).
In the communications we see an email from Jeanna (Gordon Attorney) to you about Mr. Li, and then you forward on to Tom @ APM asking if he was not a Board Member. In your closing remarks to Tom when Zongfu moved this case to the 2nd attorney you referenced a liability for Zongfu being involved, Tom referenced having to force the board to remove Zongfu from the Exec Session meetings he participated in, etc. The Board Secretary removed all references that Zongfu was present at the meetings but the email threads paint a different picture.
Our goal is to understand your position specifically - if you were mislead and by whom that Zongfu was a board member OR you stand by billing Mesa Terrace Condo Assoc for services while including/taking direction from a Homeowner who had his own reasons for doing what he did.
If you could please let us know by Monday end of business. The process is moving rather quickly now.
Scott Gordon
Canyon Ridge Properties, LLC.
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