From: Scott Gordon via Mesaterracehoa <mesaterracehoa+scott_at_gordon.bz@gaggle.email>
Sent: Saturday, April 8, 2023 1:38 PM
To: dr.zongfuli@gmail.com
Cc: Mesaterracehoa <mesaterracehoa@gaggle.email>; scott@arizonapropertylaw.com; contactus@mesaterracehoa.com; lamar@guidant.law; michael@mcarmellaw.com; patty.chan@usdoj.gov; Chandler, Jeanna <JChandler@udalllaw.com>
Subject: [Mesaterracehoa] Zongfu - Intentions and Fiduciary Duty Questions - What is Next @ Mesa Terrace
Zongfu:
You continue to inform the community your actions are in the best interest of the community and not self-served.
You continue to inform the community of all the bad decisions CRP and I have made relating to Mesa Terrace.
In 2018 the Board resigned, and the employees resigned. Shirley, Jake and your wife got on the Board.
CRP put their units on the market to exit the community. At that time, the HOA had roughly $250,000 in cash funds. Your group ran the HOA in 2018 2019 2020 and 2021.
Michael Gross, the property manager you recommended and Michael Carmel, the Trustee that you are personally paying have both stated the HOA was not properly maintained and the community lacks funding.
Even before I or CRP were aware of the lawsuit the Board was filing YOU knew about it as a NON-Board member. As a homeowner you knew about it before we did. Per the attorney of record at that time you were participating in the meetings and communications. The attorney was not aware you were not a Board Member and relied on Jake, Shirley, your wife, and more importantly Tom/APM that everyone was acting in good faith.
In fact, you disclosed to CRP's broker the details of the lawsuit even before the lawsuit was filed with the goal to discourage buyers. Specifically, if CRP would not sell to your firm at your price, you were going to ensure the Board took all actions to stop CRP from selling and exiting the community. As soon as you became aware of the listing you started sending escalating emails to the Attorney wanting to escalate the filing (he was not filing it fast enough for you) which included lis pendons. During this period, you were not a Board Member but were impersonating a Board Member. The Attorney advised the HOA you were a liability to the HOA and your expectations of the case were not realistic.
Corresponding portion of deposition relating to broker communication included below for reference.
Transcend last week disclosed all of the HOA emails from the APM archive which includes all of the communications referenced above. Feel free to verify yourself.
At this point we understand Jake and you are willing to get back on the Board and take on the fiduciary duty of the community. Can you share what the plan is moving forward, and estimated costs involved so the Homeowners understand YOUR vision?
Scott
Canyon Ridge Properties, LLC.
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