Tuesday, August 20, 2019

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Oakmont News, Opinion & More

IDR Request Presented to OVA Board

During Open Forum at the February 19 OVA Board meeting a request was made by Phillip Herzog to initiate the Internal Dispute Resolution process.

“I believe the Board’s action in Executive Session to pay up to $20,000 to clean some drainage areas on the golf course to the benefit of the golf club and to the benefit of a small number of Association members is a violation of law so significant that it could result in expensive litigation or, in the worst case, cause OVA to lose its non-profit status,” said Herzog. 

He added, “I have sought to resolve this matter privately through emails without success.  Therefore, under California Civil Code I request the initiation of the Internal Dispute Resolution process in an effort to reach a satisfactory resolution of this issue.”

California Civil Code Section 5915 states: “The party may request the other party to meet and confer in an effort to resolve the dispute.” “The association may not refuse a request to meet and confer.”

Herzog then handed a formal written request to Board President Spanier.

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2 Comments

  1. Lyn Cramer on February 20, 2019 at 5:02 pm

    The board’s decision, reached behind closed doors in executive session and at best of benefit to a very few homeowners (though evidence of flooding is notably absent) sets a bad and dangerous precedent. It must not be repeated. Your attempt to hold the board accountable is commendable. Thank you, Phil.

  2. Ellen Dolores on February 21, 2019 at 11:06 am

    We would all like to know what the reply is to Mr. Herzog’s request for an answerin writing as soon as he gets one. Once again our Board is attempting to force OVA members to pay OGC’s bills. The lack of evidence of flooding makes the decision to use our money even more questionable. Obviously sometime in the future there could be flooding, so until there is, perhaps the OGC needs to set aside some of their albeit, limited income, to make sure they maintain their drains. Of course anyone is welcome to donate to this cost, but it is not the responsibility of OVA members. Would our Board decide to pay for damages to any other Oakmont business who has a potential flooding and/or drainage maintenance issue? The solution is not bad decision making that apparently, therefore, needs to to done behind closed doors.
    Ellen Dolores

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