Smoot Removal Request-Recall Website

Date:
October 15, 2014
To:
The Board of Directors of The Alta Mira 4 Homeownersʼ Association &
GRG Management, Inc.
From:
Phyllis Barr & Kevin McCauley
Owners of 6715 Hyacinth Circle, Carlsbad, CA. 92011
Subject: Request for Removal of Board Member, Brenda Smoot for Misconduct
We, Kevin McCauley and Phyllis Barr, owners of 6715 Hyacinth Circle and members in
good standing of the Alta Mira 4 Homeownersʼ Association are requesting the
immediate removal of Brenda Smoot as Treasure of the Association for cause. She
should NOT be allowed to resign. Her blatant disregard for the personal property of
neighbors, her constant and belligerent rebuttal to any attempt to remedy the damages
that she caused, her total negligence in selecting contractors to work on the shared wall
(party wall) and her constant “above the rules” attitude require the boardʼs most drastic
measure. Board members should be held accountable for their actions, and their peers
should demand ethical behavior from all board members.
On June 30, 2014, we discovered advanced mold growth on our south facing dining
room wall, the party wall shared with Smoot/Gordon. There is NO plumbing in that wall
on our side. We immediately informed both Jill Thelen of GRG Management and Eric
Gordon, owner of 6713 Hyacinth Circle. We requested that John Gilbert view the
location and extent of the mold for future reference. We reported the mold growth to our
insurance company.
Both Smoot and Gordon came to view the mold. Both Smoot and Gordon commented
that they had noticed unexplained water in both bathrooms and in another room in their
home. They confirmed that Steve Price of Price Plumbing in Oceanside was contacted
to determine if there was a leak somewhere in the plumbing. A pressure test of the
pipes provided no explanation. NEVER WERE WE CONTACTED TO SEE IF WE HAD
ANY ISSUES ON OUR SIDE. Instead, Smoot/Gordon bought dehumidifiers to help
dispel the excess water. When requested to allow our insurance company-hired leak
detection company admittance to her home, she commented “(it is) your (side of the)
wall, your mold, your water, your problem.”
The wall on our side was removed by a HAZMAT team. For information purposes, the
extent of the damage caused removal of 17 linear feet and 8 feet high, 4 linear feet of
the wall between the garage and the dining room was also removed, and an area 3 feet
high and 2 feet wide was removed between our kitchen and the dining room. Custom
cabinetry reaching to the ceiling was removed and hauled away as hazardous waste
along with crown and base molding. Our bamboo floors were removed for the length of
the dining room and the area not removed because of the dampness and mold was
battered and beaten by the heavy air filtration equipment and by the removal of the
custom cabinetry.
Once the party wall was fully exposed, the extent and clear cause of the damage was
revealed. Smoot had hired an unlicensed contractor to install a bathtub and at her sole
direction, to cut a hole in the party wall to install a tiled niche above the tub to hold
shampoo. Smoot NEVER verified the contractors credentials. At Smootʼs direction the
contractor CLEARLY attached this niche to the studs on OUR side of the wall. Ever
cheap in her decisions, she paid this unlicensed, uninsured contractor $573.00 for a
“little side job.” The poor workmanship ultimately caused the destruction of our home.
ALL licensed contractors admitted to our home, including those hired by Smoot, working
on both sides of the wall during this disaster commented on the very obvious poor
workmanship. Many comments were made about the stupidity of cutting a whole in 30
year old tile board!!!
We continue to attempt negotiations with Smoot/Gordonʼs insurance company for costs
of reparation. We have spent over $80,000 remodeling the inside of our home, $20,000
remodeling outside. Now, in its current condition, the value would fall far below market.
The fact that current law requires that water damage be disclosed to any prospective
buyer and additional disclosure that the irresponsible neighbor caused the damage,
could render our property unsellable. We are victims here! Collateral Damage!, as if
shot by friendly (?) fire! Smoot claims NO RESPONSIBILITY!
If the events of our last 100 days isnʼt cause enough to demand Brenda Smootʼs
removal from the board for “Egregious Behavior” and for “taking action considered to be
grossly detrimental to the general safety, health and welfare of the community and its
Member(s), consider this:
HER POOR DECISION MAKING should preclude her from making
decisions, especially financial decisions, on behalf of the
homeowners
HER INSISTENCE ON HIRING UNLICENSED, UNINSURED LABORERS
(including association-hired cleaning people)and most
particularly in trying to hire a mold remediation company with
nothing but a city business license.
HER BLATANT DISREGARD FOR THE NEIGHBORING PROPERTY AND FOR OUR
QUALITY OF LIFE, Even after being asked to confine her smoking
to her own home, she continues to chain smoke with windows open.
She also lies about it, saying “We are extremely conscious of how
some people react to smoke” (Smoot comment from email to Jill Thelen 8/14)
HER UNYIELDING PROPENSITY TO BE CHEAP IN ALL THAT SHE DOES WITH
LITTLE OR NO CONSIDERATION OF THE CONSEQUENCES
HER INABILITY TO RECOGNIZE POOR WORKMANSHIP besides what she has
done in her own home, take note of the landscaping
HER TOTAL DISREGARD OF THE CONTINUED MAINTENANCE OF HER SIDE OF
THE PARTY WALL AS PROVIDED FOR IN THE CC&Rs
AND HER BELLIGERENT ATTITUDE TOWARD OTHER HOMEOWNERS THAT OPPOSE
HER (her continued chatter while others are speaking during
meetings is deplorable. The community is fortunate that Barbara
Beeby and Claudia Bright want to continue to serve in any
capacity. This continuing embarrassment is the very reason that
I(Phyllis)did not run again for the board.
Smootʼs “above the rules” attitude as a board member is reprehensible. Smoot parks
three cars on our street, one clearly covered and being stored, her golf cart blocks the
sidewalk. Though we have requested that both she and Gordon smoke in the confines
of their OWN home, she sits in her office with windows open smoking all day long,
causing us to smell the smoke as we walk to and from our cars (and this even though
they have an air conditioner). As early as this morning we were forced to close our all
windows while the stench bellowed from what appeared to be her master bedroom.
Gordon has taken to smoking across the street and extinguishing his cigarettes in the
community landscaping. And finally, the fact that she has voted to deny mechanized
extension sun shades from other homeowners, but has installed one herself is another
example of her arrogance as she sits in review of other homeowners requests.
We have appealed to the board and to management for help and for information on
more than one occasion during the events of the past 100 days. In most cases we have
received NO response. We requested a copy of the “Code of Ethics” referenced in the
most recent revision of our governing documents soon to go to vote and were told that
there was no Code of Ethics for our board members. Below are some public links that
might be helpful as you as you sit in judgement of our Request to Remove Smoot.
Thoughts that you might ask as it pertains to Smootʼs (and your own) general attitude
and behavior as you review these facts.
http://www.echo-ca.org/article/ethics-code-hoa-board-members#sthash.8yv3nxrk.dpuf
The current Amended Bylaws provide in Article VII - Officers, Section 4 - Removal and
Resignation that: “Any officer may be removed, either with or without cause, by a
majority of the directors at the time in office, at any regular or special meeting of the
Board, or except in case of an officer chosen by the Board, by any officer upon whom
such power if removal may be conferred by the Board.” We are requesting that the
board convene in special session to remove Smoot before October 28th. If we have not
been informed of her removal, we will continue on with next steps.
We have prepared the link below for your review. This site will be locked (password
protected) to all but the four members of the board not in question and to Jill Thelen at
GRG Management. We will not authorize other homeowners to access this site as it is
part of ongoing litigation. From this point on, what happens to this demand and to our
presentation is the sole responsibility of the AltaMira 4 HOA Board and GRG
Management as you are the only people, other than counsel, who have been provided
access to the information. This single email will be our only correspondence concerning
this matter. Your passwords will be emailed to you individually.
<<<THIS LINK IS NO LONGER GOOD>>>
Respectfully,
Phyllis Barr & Kevin McCauley

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