Saturday, April 8, 2023

Zongfu Li - Intentions and Fiduciary Duty Questions - What is Next @ Mesa Terrace

 

 

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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Friday, April 7, 2023

Mesa Terrace - Scott Potter - Arizona Property Law - Adjourned Meeting - Address Request

 

 

From: Scott Gordon via Mesaterracehoa <mesaterracehoa+scott_at_gordon.bz@gaggle.email>
Sent: Friday, April 7, 2023 3:16 PM
To: Scott Potter <scott@arizonapropertylaw.com>
Cc: michael@mcarmellaw.com; mgross transcendhoa.com <mgross@transcendhoa.com>; Lamar Hawkins <lamar@guidant.law>; contactus@mesaterracehoa.com; Kirsten Shafer <kirsten@azpropertyexperts.com>; Mesaterracehoa <mesaterracehoa@gaggle.email>
Subject: [Mesaterracehoa] RE: Adjourned Meeting - Address Request

 

Mr. Potter:

 

Noted for the record communications from the Trustee to me always appear to have a time stamp or expectation I should be available to respond whenever he wants an answer (emails at 10P and then again early AM referencing I did not respond yet) but yet his responses could take days if ever.

 

Obviously, a great deal of time and expense went into calling the meeting that was eventually cancelled at the last minute with 6 attorneys and only 2 individuals present.  This could have been avoided when the issue(s) were first presented to you over a week ago but for whatever reason someone decided to continue to push the envelope at the HOA's expense until the last minute when the meeting was cancelled.  Is the HOA Trustee, Management and counsel truly acting in the best interest of the HOA?  My suspicion is nobody is going to address what happened and who did what to cause this chain of events nor offer to work with us until the need arises to file a response to our status report.  If indeed this was a series of errors caused by Transcend they should be responsible for all fee(s) involved NOT the HOA.

 

You sent this communication at 5:30PM and required a response by 11AM the next day (Good Friday) to verify a mailing address.  As there has been no "mass-mail" received at this time it appears this is a 1 off email and no steps are being taken to ensure the HOA records include the proper mailing address for everyone.  Instead, you wish to re-notice the meeting on the fly so it can be held 2 weeks from Monday.  With so much expense involved in this process it would make sense to take the required time to do this in a way that benefits the community.  We understand the statute says 10 days, but this seems rushed for no realistic purposes.  The statute is pre-covid and does not take into account how slow mail truly is these days.   

 

In regards to the address, I confirm the address you included should be used for all 34 units owned by Canyon Ridge Properties, LLC.

 

Have a nice weekend and Happy Easter (if applicable).

 

Scott

Canyon Ridge Properties, LLC.

 

From: Scott Potter <scott@arizonapropertylaw.com>
Sent: Thursday, April 6, 2023 7:30 PM
To: Scott Gordon <scott@gordon.bz>
Cc: Michael Carmel (michael@mcarmellaw.com) <michael@mcarmellaw.com>; mgross transcendhoa.com <mgross@transcendhoa.com>; Lamar Hawkins <lamar@guidant.law>; Chandler, Jeanna <JChandler@udalllaw.com>
Subject: Adjourned Meeting - Address Request

 

Scott:

 

The Trustee has determined that it was prudent to adjourn the special meeting and reschedule it to April 24 at 5pm.  A new notice and new ballot will be mailed to each member concerning the adjourned meeting. 

 

In order to ensure that the notice is mailed to the correct address, I am reaching out to you confirm whether the address that is on file with management is the correct address for mailing notice relating to units within Mesa Terrace with which you are involved.  The address on file with management is:

 

10115 E. Bell Rd., Ste 107-490

Scottsdale, AZ 85260

 

Please let me know by 11:00 am tomorrow if this is the correct address or if another is preferred.  If you do not respond, then the new notice will be sent to the address on file with management stated above.

 

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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Thursday, April 6, 2023

Annual Meeting - Special Meeting - April 6th, 2023 - Cancelled

Annual Meeting - Special Meeting - April 6th, 2023 - Cancelled