News from West Cotati Oaks Homeowner's Association

-----Original Message-----
From: Dennis Dorch [mailto:DDORCH@ci.cotati.ca.us]
Sent: Tuesday, June 15, 2004 2:52 PM
To: georgebarich@pon.net1.

Subject: Re: Public Park on West Cotati Oaks Homeowners Association????

Hello George,

I don't normally respond to emails that are not specifically addressed

to me, but I thought I would make an exception in this case in order to

clear up some misconceptions that you may have regarding the status of

the "park" at the West Cotati Oaks subdivision.

When this project was first approved in the early 1980's, the City

required that the developer/subdivider create an open space area

available to the public, but that would be maintained by the West Cotati

Oaks Homeowners Association. The area was intended to provide an

pedestrian access route from Maple Avenue to Gravenstein Highway, as

shown in the development plan/landscape plan that was prepared by Carol

Hannum (landscape architect on the project). Although this subdivision

was done before I began work here, I did review the minutes of the

planning commission and can attest that the intent of this park site was

for public use, and never to be used as "private property".

At the time the subdivision was approved, the City Council had no

intent to pay for the on-going maintenance of this area, and wanted it

left as open space for public benefit. I would have to respectfully

disagree If you believe that the City is attempting to acquire a new

"right" for the use of this property, since this right already existed.

You may wish to check your CCand R's for additional clarification (I am

not sure what has been included in the CC&R's). I do know some of the

people that worked on this project if you wish independent verification

of this information.

If you have any questions, please do not hesitate to call or write me.

Dennis Dorch

>>> georgebarich@pon.net 06/15/04 02:29PM >>>

www.westcotatioaks.com

.

Dennis, your recollection is completely contrary to your representation over two years ago on this subject when I approached you on this matter. You specifically told me at your office that there was no issue of public versus private ownership, or public access rights on this parcel of property, and you explicitly told me that there was never a ruling by any governing body that this parcel was deemed to accommodate public access at any time whatsoever. You, in fact, told me not to worry.

To calm my fears, you pulled the parcel number for me in order to provide me some assistance to conduct my own research if necessary, but assured me that there was no indication that this parcel was ever deemed for the public enjoyment, NEVER. In fact, you told me it was impossible and impractical because the city would be maintaining it, and paying taxes on it, not the homeowner’s association.

In a subsequent meeting with David Woltering on the subject, he emphatically told me the official Cotati map is in fact a mistake on this issue, and a complete oversight, and promised me that it is in complete error and that he will do everything he can to make the proper change of this parcel to “private property” and not a PUBLIC PARK during the new Zoning Changes when the map will be officially revised this year.

I urge you to consult with David on this matter to get onto the same page. David assured me that in fact this was not an attempt to take the property, but no written confirmation was ever forthcoming which sparked my concern, as usual! Therefore, the issue still needs to be addressed and put to bed before the homeowners who are being bled dry trying to maintain what you claim is in essence, city controlled property.

Your claim that the city has a property right simply can not exist by your own admission, and the CC&Rs state the property to be private. No homeowner in his/her right mind would spend countless hours and thousands of dollars to maintain a “city park” or public right-a-way unless he needed the exercise or needed his head examined !.

You claim that our common area is now an “Open Space” that we are supposed to water, weed, grade, pay taxes on, and maintain for the benefit of the community??? I think not.

Our Board of Directors and membership are under the illusion by Lisa Crikos that this common area is in fact our private land with all private property rights running with the land. We are not paying the costly insurance, maintenance, and injury claims that arise out of the property for the Socialist Workers Party of Cotati, or any other government entity.

I urge you to rethink this issue and clear your misconceived recollection of our conversation before our membership is up in arms over this matter.

George Barich

www.videoprotection.net

707-795-4121

Letter to all members of the West Cotati Oaks Homeowner's Association.

June 14, 2004

Dear Fellow Homeowner,

The “mis-management team” of the West Cotati Oaks Homeowner’s Association is engaging in fear mongering, misrepresentation of the facts, and wasting our money which is setting us on a path to financial ruin as an association. They’re running scared hoping you won’t find out the truth.

Rather than personally meeting in good faith to examine firsthand the damage caused by the neglect of the homeowner’s association over the years, they insist on constantly playing dumb and ignoring the spoiled fruits of their in-competency as illustrated by their desperate attack of mailing out “ hit pieces” against anyone who is ready to expose them for who, and what they are in a court of law, if necessary.

For the first time ever, our property mis-management team may have to start doing it’s job by protecting our property rights and address recent demands to get what we bargained for; a “danger-free zone” in our neighborhood. The board is attempting to discredit good Samaritans and fellow homeowners who are looking out for your best interest and the interest of the children in the area. The City of Cotati has already begun corrective safety measures on the common area that I demanded be made last year which the board deemed as “unimportant”. This is a good start.

You should not have to live in fear of arbitrary and capricious actions by our board of directors, or watch the quality of life in your neighborhood decline as a result of visual blight, trash, trespassers, and unreasonably dangerous conditions that I have demanded be addressed for several years now. Already, we have seen some positive corrective measures, as you know, that would have otherwise been ignored if not for threat of possible litigation.

If you, or any member of your household, has suffered at the hands of the mis-management team and been told that, “… if you don’t like something we’re doing, or not doing, to “sue us” or “ move away”, stand up and speak out against such arrogance and corruption. This is your legal right.

I encourage you to protect your property rights and fight terrorism right here at home. Join me in standing against mismanagement, apathy, and complacency when it comes to the health and safety of our neighborhood.

If you have been a victim of harassment by the mis-management team, suffered any injury as a result of dangerous conditions on the common areas, or had parking privileges or other property rights stripped away from you over the years, please research your rights, join me in taking appropriate action, or consult with an attorney.

The homeowner’s association is fully insured for the damages caused by their negligence and/or willful disregard for the safety of homeowners, guests, and trespassers, and is the reason why they will not open their files to me, or divulge the name of our Association’s insurance carrier to me at this time for fear that a report will be lodged and our association insurance policy will be cancelled for being deemed too high of a risk after visiting our web site.

Don’t wait for an injury to happen and/or have your property burdened with a special assessment due to the ignorance and neglect of this mis-management team. Get involved and protect our neighborhood from visual blight and other dangerous conditions and increase your property value at the same time !

Don’t stand by and allow more of your money to be squandered away by the board of directors who are irresponsibly incurring expensive attorney’s fees before any lawsuit has been filed. If they keep this up, the association will be broke when all it had to do was act in good faith, walk the grounds with a notepad at no expense whatsoever, and start responsible management principles.

If I am successful in forcing the Association into paying for their transgressions and malfeasance over the years, I will hold these funds in trust for future repairs until we have a board of directors and management team who knows what they are doing and will protect our quality of life.

Doing the right thing is infectious. With your help, we can begin to have real property management at W.C.O.H.O.A.

Visit www.westcotatioaks.com. Your comments are welcome.

Respectfully,

George Barich

(Notice: By state law, all information contained on the web site www.westcotatioaks.com pertaining to all dangerous conditions on the common area of West Cotati Oaks Homeowner’s Association must be disclosed to all potential buyers.)