Guadalajara Reporter

Dear Sir,

As a long-time resident of Chula Vista, I read with great interest Dale Hoyt Palfrey’s article regarding the very serious problems of our Homeowners Association. It has been obvious to me over the past years that the former Board under Mr. Sherritt, and now the dismissed Bradley Board, have not acted in the best interest of Chula Vista homeowners. Over the years, information has been withheld from residents, Board meetings closed to them, the publication of the informative Chula-Revista was halted, and the “Comments” section on the Association’s website was deactivated.

Consistent with this trend, a dubious revision of our bylaws in 2008 concentrated decisionmaking powers into the hands of the Board. The resulting abuse of member rights – such as the Sherritt Board’s removal of the View Protection clause from our bylaws in June, 2008,and the Bradley Board’s suspension of two dissenting Board members without evidence or due process – has now become quite evident. Residents who voice opinions contrary to the Board’s are now routinely labelled “dissidents” in an attempt to discredit their views and squash criticism.

Last March, after the Bradley Board refused instructions of more than 50 members to call a Special Assembly to revisit the harmful 2008 bylaw revisions, a group of members joined together to obtain a judge-mandated special assembly – a process allowed for in the Jalisco Civil Code. It was because of their support for this group’s initiative that Board members Janet Peace and Roy Schwartzenburg were suspended and a concerted campaign was launched to discredit anybody associated with them. In a November 14 notice to homeowners, Mr. Bradley and his lawyers warned that anyone associated with the group could be the object of legal action being prepared by Association lawyers. Then in a November 18 Board “Open Session” to answer member questions, those in attendance were informed that the charges would include “email fraud, blackmail and slander.” At the November 28 Assembly, former VP Enrique Velazquez called Assembly organizers liars subject to deportation under article 33 of the Mexican Constitution. When asked by a member politely to substantiate at least one lie, he was unable to do so.

Given the seriousness of the Bradley Board’s infringement on member rights, the group decided to revise the agenda of the judge-mandated Assembly to include the removal of the old Board. The judge approved this agenda and mandated the holding of the Special Assembly on November 28, 2009, where existing Board members, alternates and the comisario were almost unanimously removed from office and replaced by a new Board led by Janet Peace, to hold office until the 2010 Annual General Assembly, scheduled for January 30, 2010.

Bradley claims that the Special Assembly decisions are illegal, as well as the decisions by the notary – who certified the minutes of the Special Assembly – and the Chapala’s Public Registry Office, which registered the new Board. In Bradley’s opinion the Notary, the Public Registrar and Lloyds’ legal department, which – which signed the Association bank account over to the new Board – all acted “erroneously.” Dismissed Secretary John McLeroth has now launched a law suit to obtain the annulment of the Special Assembly decisions.

Though none of the parties being sued have yet testified and the discovery process has not even begun, McLeroth managed to obtain a suspension of the decisions of the November 28 Assembly by placing a bond against potential damages, thus pre-empting the entire legal process. Thankfully, allowed by the Mexican legal system, a “suspension of the suspension” can be obtained by placing a counter-bond. The “suspension of the suspension” is pending and the courts will be able to proceed with discovery and trial in the proper manner. It must be stressed that, pending the results of the legal process, the Peace Board continues to be the only legally registered Board of the Association.

Bradley has refused to hand over Association administration to the new Board and has scheduled an unauthorized, competing Assembly for January 23, causing much confusion amongst homeowners and hardship for our employees. The same Mr. Bradley openly denies that he has illegally invaded public land adjacent to his property, despite legal action being taken against him by the Chapala City government. He has much to answer for to Chula Vista residents!

Since the Peace Board has been denied access to the member mailing list, it is at a great disadvantage in informing property owners of the facts. The dismissed Bradley Board, which does have access to the mailing list and office resources, is flooding the community with false information and half-truths, not to mention vicious personal attacks, slander and threats against Peace Board supporters. In this context, how many members attend each Assembly cannot be an accurate measure of support. What’s more, whether Bradley and his supporters accept it or not, Bradley was not the legal Association president when he issued the notice for the January 23 meeting. This Assembly will remain illegal and its decisions cannot be binding on the members. The January 30 Assembly has been duly  scheduled by the legally registered Board President, who remains the legally registered President, and it decisions will be binding.

It is thus erroneous on both counts to state that matters will be resolved by which side manages to draw the largest assembly attendance. The serious crisis within Chula Vista will only be resolved by homeowners’ resistance to threats and intimidation. They will need to take time to understand the facts so that they can make up their own minds on the critical issues before us. I urge every Association member to review the facts that can be found on the website: www.chulavistahomeowners.com and to attend the January 30 Assembly to make their vote count.

Werner Zuercher