EMAIL FROM "F" BUILDING REP, MARC ALPERT

Fellow F Building Owners:
 
You have probably heard that  with 3 other Club Representatives I signed to call a Special Club Board Meeting with Election of Club Officers as an agenda item. Unfortunately because the D Building removed Irwin Danels as their Building Representative, we decided to cancel the meeting.
 
We called the meeting because we had become concerned about events occurring at the Club and the apparent belief by some Club Officers that they could act alone as they wished without keeping the Board informed or involved.
 
In fact the documents underlying governance of YARCOBR give control of the Club to the Board with the duties and fiduciary responsibility that involves. The officers serve at the will of the Board and may be replaced if they lose the trust of the Board.
 
I was upset by several things before and during my time on the Board. There was a 4 person Board majority who always supported the Officers and the 3 minority were not truly involved in decision making. When I requested a closed meeting to discuss a matter affecting a resident in our building as requested by our then President Al Lyon, I was basically ignored with a reply that nothing is new on that matter. When I requested legal opinions from Counsel regarding the Clubhouse issues and to have Legal Counsel present at our last Club Board meeting, neither was granted with no explanation.
 
I believe that the explanation is in the letter that I enclose from the Club's long time Legal Counsel stating that they had resigned from representing our Club. Lawyers do not want to resign accounts because that is the means by which they earn their living.They generally are eager to solicit new business.  But our Counsel felt that they had to resign because of our Officers' unwillingness "to follow my (i.e. Counsel's) legal advice" and their "continued misrepresentations to" Counsel.
 
The means of finding out about Counsel's resignation is also disturbing. One of the Directors sent a letter to the President and Directors and copied outside Counsel. She responded that their firm no longer represented the Club having resigned the prior week. She offered to send Directors their resignation letter if we wished to receive it. I immediately requested it and thus Directors received it directly from the law firm rather than from the Club Officers who received it the prior week and never informed us as Counsel confirmed they should have.
 
The letter also confirmed that the Officers were told long ago by Counsel that the Clubhouse work which the City inspectors had ordered done 9 months ago when Red Tagging the Clubhouse still had to be done after this long delay. Had it been done far earlier when first ordered, our Owners could have used the Clubhouse this past season as they had done for so many years in the past.
 
 Buddy Hulbert tried strenuously as our building's Rep  to convince the Officers and other Board members to fix the leaking roof as any homeowner or responsible commercial building owner would do with a leaking roof; but they refused. And with that work and a bit more, we would not have been in violation of the City's orders and been threatened with a Magistrate's Hearing by the City and also could have utilized the Clubhouse.
 
The other Directors and I were not informed of Counsel's legal advice over this period. Nor did we find out until recently that our Club's General Manager had attempted to delay the City enforcing its Red Tag order on us by telling the City in January that "The permit for the demolition of the Clubhouse is expected to be submitted within the next year."  Who authorized her to say that? The Board never voted that prediction of the future. 
 
In fact, Club Counsel in their resignation letter stated that they told Club Officers that Club documents did not contemplate nor provide a way for the Board to approve demolition of the Clubhouse. This was never revealed to me as a Director, but rather it was kept hidden by Club Officers. 
 
I could go on, but I think by now and reading the enclosed letter, you will understand my frustration and loss of trust in these officers to work appropriately WITH the Board.
 
I would also like to say that at no time was I ever intending to vote against Joe Rotberg. I believe that he has done a most capable job serving our Club and I have directly told him that.
 
I hope this answers most of your questions on this issue. I will try to answer some further questions at Friday's F Building Board meeting. I will also try to answer individual owner emails and texts, but that may take time as I am on vacation in Park City Utah without my trusted desktop computer. And in addition to my own duties as Building Rep and Secretary, I have had to assume many administrative duties from the sudden and most unfortunate loss of our President and friend Al Lyon who shared my frustration in dealing with the Administration of our Club.
 
Respectfully,
 Marc Alpert