Current Issues for the Governing Board

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This page outlines extraordinary issues that face our volunteer board members:

Homeowner Address officer position (if any)
subordinate to the entire Board
Gilbert L. Brientnall 1101 Wharton Court vice-president
Marian R. Derr 2806 Cornell Court president
Harisios (Harry) Diavastis 3505 Columbia Court Way treasurer
William B. Horst 2605 Westfield Court
Eileen McAnally 1906 Westfield Court secretary

In addressing these issues in addition to such normal activities of landscaping, painting, and road maintenance, they must fulfill their legal responsibilities as board members with:

  • The Duty of Care requires that board members "be reasonably informed about the organization's activities, participate in decisions, and do so in good faith and with the care of an ordinarily prudent person in similar circumstances." This has to do with attendance at board meetings and with participation in the work of the board.
  • The Duty of Loyalty requires that board members "exercise their power in the interest of the organization and not in their own interest or the interest of another entity , particularly one in which they have a formal relationship." Each board is expected to adopt policies related to potential conflicts of interest.
  • The Duty of Obedience requires that board members "comply with applicable federal, state, and local laws; adhere to the organization's bylaws; and remain guardians of the organization's mission." Decisions to authorize activities beyond the scope of the mission may have tax or other implications.

The Missing $57,000 from the Reserve Funds

Board President Marian Derr has steadfastly refused to explain how the $57,000 ended up missing from the Reserves while she was Treasurer.

  • no loans were ever authorized by the Board
  • the budgeting worksheets given to board members redacted any mention of funds that needed to be paid back to the reserves until the new auditor wrote an audit warning letter
  • budgets provided to members made no mention of a "loan"
  • no transfers exist in the Reserve Fund that could be classified bona fide Loan transfers
  • Board Members Gilbert L. Brientnall, Marian R. Derr, Harisios Diavastis, William B. Horst, and Eileen McAnally have refused to provide the financial information that would allow an independent audit of the Association's Finances by the members.

The Missing Special Assessments for Stucco Repairs & Landscaping from 2005 to Present

Board Minutes not Available to Homeowners