Election aftermath: Mandalay Shores Community Association power struggle

City conducting a survey on short-term property rental views

By George Miller & Julie Pena  (Article last updated 4-5-16, 10:45 pm)

Mandalay Shores 1-8-16 009

Mandalay Shores Oceanfront homes, 2/16. Photo: George Miller/CitizensJournal.us

 
George Miller:
1. On their second try, MSCA (Mandalay Shores Community Association) was finally able to recently hold its annual meeting and conduct the Board of Directors election, which seems to still be in dispute.
 
2. Ms Pena, who wrote the section below,  said she is “semi-retired” and works for Keller Williams Real Estate. She is pro short-term rental.
 
3. MSCA President David Laufer also promised us a statement for publication, but hasn’t yet provided one. (Added subsequently) His words are also below in another section. He is anti-short-term rental.
 
4. It appears that the new board is heavily weighted toward opponents of short-term rentals.
 
5. The city is now conducting a survey on resident/owner views on short-term property rentals
 
6. Locals ref: https://nextdoor.com/neighborhood/oxnardshores–oxnard–ca/

 

Julie Pena:

Residents are questioning the many irregularities with the MSCA  voting records and the voting  process. Most specifically, the announcement of a 9th Board member, Susan Lester, who had withdrawn her candidacy and who may not be a qualified Class A member.   Secondly, residents are concerned with the “Resolutions” passed by the MSCA  Board in a Special (unannounced/posted) Meeting on Dec. 2015. that infringe on all owners’ property rights.

 
1.  At the very beginning of the March 26th Election meeting, David Laufer announced the names of three candidates that were withdrawn from candidacy, for various reasons. Susan Lester was one of the names.  Subsequently, those votes would not count.
 
2. Community Management Specialist Company was hired by the MSCA to be the “voting inspector”. Evidently, they were not notified of  candidates’ removal.  Jan Gomez, the person representing Community Management Specialist, stated they were only hired to count votes.
 
3.  MSCA records are also being questioned, as one of the candidates announced as a withdrawn candidate had to provide a cancelled check to prove his dues were paid up today. MSCA records did not reflect his dues paid.
     Other MSCA records reflect names that are not on property title. Thus giving voting rights to those not qualified as Class A members.
 
4. David Laufer stated to to the VC Star  “rules barring short term rentals will be voted on by the new Board”  He did not clarify that they would be voting on one of the resolutions that was passed on Dec. 2nd, 2015, which subjects ALL property owners to rental restrictions, because the MSCA By-laws and CCr’s do not specifically address Short term rentals.  He also announced Susan Lester as an elected Board Member who would be replaced by the Board.
 
5. Our contention is that Susan Lester had withdrawn her candidacy.  Subsequently. the next person with the most votes would be the 9th Board member.   And guess who that would be?   You guessed it,   Jen Skrabak.
 
6. Please keep in mind that residents are objecting to the conduct of the MSCA Board, that has demonstrated  lack of ethics and transparency, under the leadership of David Laufer..  These actions have caused much divisiveness in our community and  are racking up legal fees at the rate of $395.00 an hour.
 

7. The following Board members are against Short term rentals

David Laufer
Angela Slaff

Karen Willis

Karen Brooks
Deidre Frank
Susan Lester
 
The following  new Board members do not agree with the MSCA Board’s decision to arbitrarily subject ALL home owners to rental restrictions and fines. Emine and Cjhuck are long time residents.  Not sure about David Wallin.
 
Emine Yazic
Chuck Preston
David Wallin 
 
 
 What can I say, but that the saga still continues.
 
Julie Pena
Concerned Oxnard Shores Resident
 

 
David Laufer
 
Mr Laufer, President of MSCA, told us that the election was the only significant piece of business at the annual meeting and that all other business, including budget,. walkways, landscaping,etc., was placed on hold until the election results are finalized. He said the issue to supply pumps for dealing with floodwaters was successfully resolved with the City. There is more detail on outstanding issues in our October meeting article.
 
Mr. Laufer said that the board had accepted requests by what he called “The Alternative Board” for modified election procedures, which included: use a ballot inspection company, utilize a single ballot which incorporated board-recommended candidates as well as others (eliminating the need for nearly all write-ins), ensured security/anonymity of ballots.
It is our understanding that the law firm of Meyers, Witter, Gibson (et al) advised them on this.  He said that $15,000 had been allocated for ta, but only half was needed. That organization is not the MSCA law firm of record, which he said is Nelson, Gibson.
Mr. Laufer also told us that multiple candidates had been disqualified for not being current paid-up members.
 
He said that renting owners had resisted compliance of the short-term rental prohibition, that the board had tried “peaceful resolution,” but some renting owners had in effect said “see you in court.” When asked about city and county action to regulate short-term rentals, he said that the county is looking at the situation and that he favored  a consistent solution for all of the beach areas. He has also gone to city council meetings when it was discussed and spoken. He feels that government regulation is preferable to community association rules and enforcement.  The City of Oxnard is currently conducting an online survey of resident views on this issue, mentioned  in a previous section of this article.
He also clarified board prerogatives. The board is allowed to set dues (it increased them from $20 to $50 annually  last year, which caused quite a fuss by residents at the October board meeting ), but not assessments, which he said requires a 70% vote of Association members to pass.  He said bylaw changes require  75% vote to pass. We’re not sure of the aforementioned election changes required bylaw changes, or by what authority they were implemented.
We asked him if the new board is anti-short term rental and he said he does not yet know that, which is at odds with Julie Pena’s estimate , above.
 
Editor’s note: At the Tuesday 4-5-16 City Council meeting. Mr. Laufer spoke and claimed that he did not and cannot appoint a board member. He later 
 

 
Election results

CAROL HAGEDOHM 177                         MARK STROVE 203

CHUCK PRESTON 297                          WALT HAGEDOHN 166

ROBERT ZEILON 222                           JULIE PENA 194

DAVID LAUFER 294                              JEN SKRABAK 247

SUSAN LESTER 273                            BEN GOLEMAN 198

ROBERT MURPHY 209                          DAVID WALLIN 300

ROBERT RUBIN 28                                 ERMINE YAZIZI 267

ANGELA SLAFF 295                            JESUS GONZALES 194

RICHARD SWAN 32                               NICK MORRIS 209

MIKE WALLER 236                                KAREN BROOKS 281

KAREN WILLIS 323                              DIEDRA FRANK 306

These totals are the result of the Mandalay Shores HOA votes at the Adjourned Annual Meeting. I highlighted the top

nine vote recipients.

I also have a count of the Proxy Ballots and the Ballots cast at the meeting. Please be sure to notify those required. May

also want to post on your MSHOA web site and include in the newsletter.

It is a pleasure to serve you.

Jan Gomez, CMS

Ballot Inspector


Both the city and county are giving thought to regulating rentals, since there has been much contention pro and con.

OXStRSurvey

If interested, please weigh in on this survey being conducted by the city…

Please take the time to participate in a brief “Short-Term Vacation Rental” survey, available at http://www.oxnard.org/survey

“Recently, services offering the short-term rental of private homes, such as Airbnb and VRBO, have led to an increase in the number of these uses in Oxnard. In response to this, the City of Oxnard is preparing an ordinance to establish definitions, standards and regulations for these uses. The City would like to understand our residents’ feelings on this important topic. As an initial part of this outreach, we are asking for your help to complete the following survey. At the end of the survey you may provide us your contact information for updates, otherwise the survey is anonymous. The survey will be available until April 7, 2016. The information gathered from the survey will help determine how to proceed with future outreach.”


Some previous articles

Trouble in paradise- Chapter II: Huge crowd shows up at Mandalay Shores Assoc. annual meeting and it’s canceled

Trouble in paradise- Chapter II: Huge crowd shows up at Mandalay Shores Assoc. annual meeting and it’s canceledBy George Miller Short-term rentals, cover-up, legal expenses, dues, management company, board arrogance are issues Over 300 people, more than ten times the normal turnout,  showed up for what was expected to be a contentious  annual meeting of Oxnard’s Mandalay Shores Community Association.  Note that it is NOT a “Homeowners Association” which would put it under different laws. […]

Trouble in paradise: Combative meeting anticipated for Mandalay Shores Community Assoc Saturday 1-9-15

Trouble in paradise: Combative meeting anticipated for Mandalay Shores Community Assoc Saturday 1-9-15By George Miller The last meeting of the Mandalay Shores Community Association on 11-19-15 was a doozy. Held at the nearby Waterside restaurant, the room was packed to overflowing and tempers were high. Issues in contention were short term house rentals, Association budget, dues increase, legal expenses, street flooding/drainage, even the very existence and utility of […]

Strorm Drain pumps installed at Oxnard Shores

Strorm Drain pumps installed at Oxnard Shores… or Mandalay Shores, as the residents prefer. Pumps installed just in time for the next storm ….   Get Citizensjournal.us Headlines free  SUBSCRIPTION. Keep us publishing – DONATE

Sacramento runs Mandalay Power Plant hearing in Oxnard

Sacramento runs Mandalay Power Plant hearing in OxnardBy George Miller In still another of a long series of meetings/hearings in Sacramento and Oxnard, this time, a California Energy Commission (CEC) public hearing was held Thursday evening, 8-27-15, at the Performing Arts Center in sweltering heat. It was to discuss the status and fate of the so-called Puente” (Spanish for “bridge,” because it […]

No Right to Rent? Cities barring property owners from renting out

No Right to Rent? Cities barring property owners from renting outEditor’s note: This has also been a big regional issue, especially in the beach areas: Silverstrand & Hollywood Beaches, Mandalay Bay/Seabridge/Westport, Mandalay Shores and Pierpont Beach and of course Ojai, referenced in the linked article. Homeowners, beware. Property rights advocates say the right to rent is being threatened at the local government level, as cities across […]

Oxnard property owner complains of community association tyranny

Oxnard property owner complains of community association tyrannyTo the editor: Since the other paper has now published 4 letters in favor of the Mandalay Shores Community Association (MSCA) in Oxnard, I hope you will consider this as a fair counterpoint.    I am a proud and responsible owner of a second home in Oxnard Shores, as many are, and my son and […]


George Miller is Publisher of CitizensJournal.us and a “retired” operations management consultant residing in Oxnard.

Julie Pena is a concerned Oxnard Shores Resident, Realtor and former MSCA board member

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