THE RECALL WAS SUCCESSFUL!
Marci Johnson and Melissa Scovel have been recalled. They had to vacate their seats immediatedly.
Thank you to everyone who voted! We have 6 open board seats in November.
Next Action Steps
The reasoning behind this recall has been constant – As we moved through this process additional facts were uncovered, which are provided through this site.
Marci (the current BOD President) and Melissa (the current BOD VP) were the leadership of the BoD in 2019 when the Social Media Policy was placed on the agenda and introduced to the community. It was requested a lawyer to draft C&D letters for individuals in an executive meeting (only the president or manager can request the lawyer AND only the President, Marci, sets the agenda). This is a misuse of funds as we do not have any policy in place to enforce or justify these C&D being letters sent out.
In the January meeting is was stated the letters would stand by the President (Marci) despite wide community calls to rescind the letters. They failed to address the community or respond to questions asked after stating the letters stand.
They called and held a special meeting (only the President can call a meeting) to vote to release a selected snippet of the closed door sessions relating to the C&D letters. In the transcript they released, they did not properly redact the names of the people being discussed and released it to the ENTIRE COMMUNITY.
During all of this time Marci stated they couldn’t find a time that would accomodate everyones schedule to meet with the community or letter recipients, although they found the time to call 2 seperate executive meetings and 2 seperate special meeting while not answering the questions from the community.
EXTREMELY IMPORTANT FACT: There were 9 letters sent out. The individuals that received these letters (outside of Facebook administrators) were: Sam K., Sharon M., Lynda S., Jenifer R., Keith F., and Bill T. These individuals all voiced opposition to Marci and others running on her “ticket” in the election. Four of the letter recipients are members of the Womens Club (who Marci refers to as a “bunch of B’s” in an email sent out). Two of the letter recipients were current board members wives (Marci routinely talks poorly of these two board members as you can see here). Two of the letter recipients have a long standing history with Marci, serving on boards with her in the past, and are privy to things that were done during the terms of those boards, in public and in private. While Marci and others associated with her were fully involved in the same type of online behavior during the election, not one single individual that supported Marci and those on her “ticket” received a C&D letter. THESE ACTIONS WERE NOT APPLIED EQUALLY ACROSS THE ENTIRE COMMUNITY. Showing a clear bias to the letters that were sent out. Using community funds to do so.
View all supporting documents broken up by month. Social Media Policy found under November, Cease and Desist Letters found under January.
Next steps in the recall process, when to vote, how many “Yes” votes are needed, and what happens after.
Law suites VVLCA has been involved in as a defendant over the last decade. Every lawsuit increases our insurance costs.
Social Media BOD Members
Sitting members of the board were advised to erase their defamatory posts prior to the cease and desist letters being sent to members of the community. These are the ones that remain.
Find the history of sitting board members. We have several members that have been board members for the 7 or more years.
Facts and commonly asked questions behind the recall of the President, Marci Johnson, and the VP, Melissa Scovel.
Maintence issues that continue to be ignored within the community, despite multiple calls to address.
RecallReality Open Response
RecallReality continues to circulate false information and narratives to attempt to keep Marci and Melissa in their positions, we address each item found on their site and mailer here.
What Happens if Marci & Melissa Are Not Recalled
We CANNOT attempt another recall of Marci and Melissa for the rest of their terms. End of Marci (President) Term – 11/2021 End of Melissa (VP) Term – 11/2020
They will continue using Clint Goodman as our HOA lawyer.
They will continue to not provide requested documents within the legal limits.
They will continue to NOT be transparent with their dealings involving OUR community funds.
The nominating committee will remain in place as it stands, as these members are some of the strongest proponents of the committee.
We will continue to see duct tape used as a “repair”.
We will continue to have poor leadership that routinely opens our community up to lawsuits.
We will continue to see poor management of the community manager. To see what our community manager is responsibile for please click here.
Actionable Items We Would Like to Address After Recall
After The Recall Succeeds We Would Like To See The Following Change
Terminate the lawyer that repeatedly gives us unsound advices at the communities’ detriment.
Full forensic accounting audit completed.
Disband the nominating committee or implement transparent guidelines for the criteria used for approving and denying residents wanting to run for the Board of Directors.
Strongly consider putting in place lifetime term limits of 6 years – this would be based on community discussions.
Make elections secret ballot, as they should be although in 2012 one of the amendments changed was secret ballots.
Have open meeting agendas sent to residents at least 7 days in advance, as well as implementing a way to securely video stream open meetings in real time. Giving all residents a more accessible way to participate.
Request proposals from managment companies to step in and manage the community and clubhouse. This will not take away our volunteer board, the board would continue oversight of the mananger. To see the benefits of hiring a management company please click here.
History is Repeating Itself
We have career board members, some of which have actively ignored the community showing bias, and denied dissenting board members information.
There are certain board members that have sat on the board for the better half of a decade. Those board members seem to have a pattern of making their own rules and not following the rules within the CC&Rs and Bylaws, opening us up to repeated litigation. Making false claims towards other board members, claiming harassment for years from varying members of the board. Refusing to admit to their mistakes. All while continuing to advance their own agendas for their, and their selected groups benefit, not for the benefit of the ENTIRE community. For years they have dismissed repeated calls for transparency from the community and sitting directors, utilizing community funds to instill threats and fear while creating a divide among neighbors.
It is time for our community to move away from these toxic board members, and put in place new board members with no allegiances to anyone other than the community in its entirety. It is time to have a Board of Directors that will listen to the community, and address their concerns with more than a “thank you”. It is time to have a Board of Directors that works for the betterment of the community, and the first step in that change is voting yes to recall the current leadership of the Board.
Directors can be recalled without reason, although Marci Johnson and Melissa Scovel Have Breeched These Fiduciary Responsibilities.
“Because We Can” – Melissa Scovel March Open Board Meeting
The leadership of President Marci Johnson and Vice President Melissa Scovel – the two being recalled – of the VVL Board of Directors have FAILED to:
∙ Keep the residents/community adequately informed
With virtually no community input, the decision to repaint common walls was given a higher priority than broken/unsafe playground equipment.
∙ Put the interest of the community over themselves
Seek and consider resident/community input in decisions involving priorities of maintenance, choice of vendors/service personnel.
Attempt to courteously resolve an issue involving exchanges on social media issue between residents and Board members.
This leadership, with unanimous vote of the Board, had the attorney write and send 9 threatening, unenforceable Cease & Desist letters to only selected residents that Marci had issues with, including other Board member’s wives, rather than all people that contributed to those exchanges.
∙ Under then President Melissa Scovel (now Vice President), proposing to govern free speech of residents by paying the attorney to draft a social media policy that was later rejected.
This leadership has BREACHED their fiduciary duties/responsibilities to the community by:
∙ Wasting $1800 of the community’s HOA funds to pay the attorney to write a social media policy draft that was rejected and to write and send an unenforceable, threatening Cease & Desist letter to 9 individuals.
∙ Issuance of Cease & Desist letters when the media was already waiting for VVL’s next move then failing to respond to letter recipients after they followed protocol outlined in the letters to gather more information; this caused a firestorm of negative publicity for VVL including national coverage which could potentially damage home values. In every instance of press they were reached out to for comment, they denied commenting every single time.
∙ Continuing to utilize the same attorney for advice that collected $1800 of the community’s HOA funds to write letters with threats HE KNEW were unenforceable.
∙ Divulging confidential information contained in employees’ personnel files and submitting items discussed in executive closed-door sessions to certain members of the community although not members that have specifically requested this information. Such as the comments made on social media that spurred the letters.
“I’ll tell people in the letter you do not have a first amendment right to speech in this community.”
-Clint Goodman HOA BOD attorney
“Uh, well, is there a better way to say that?”
-Marci Johnson VVL BOD President
There are no sides. We are just one community. We deserve a board that works in the best interest for the entire community. Leadership that does not show bias. Leadership that does not continue to open us up to lawsuits with their reckless actions while ignoring neighborhood issues, driving our home prices down.
Why Are You Just Trying To Recall The President & VP?
They have been the leadership of the board from October through present time. The President of the board sets the agenda, they are the only ones that can request a lawyer to draft items such as policies or letters, as well as the final stamp of approval for any item that goes out. They should be held to the standards of being the leaders of this community, with the decisions made by the board falling directly on their shoulders. If they have the final say, they have the ultimate responsibility. They have also shown no leadership at all since the effects of their actions have divided the community and damaged our image.
Every member of the board has some responsibility in the letters going out, although the leadership of the board bears the most responsibility on the BOD.
Are You Trying To Turn The Neighborhood Into a Country Club?
Absolutely not, everyone loves our community. Our community is made up of all types of households, ranging from young families to retired families. There was an idea brought up on social media by neighbors to have a small restaurant at the clubhouse, that is where this ends. Changing this would have to involve a massive amount of research, a discussion with the community, and a vote. This is not something that could be done without community support. This is only a discussion on social media by neighbors at this time, and it began with questioning if the wedding venue is profitable, where long term board members have refused to provide any documentation that it is profitable.
Is There a Recall Petition For Remaining Board Members?
There has not been a petition started to have other members of the board recalled from us, it is an option but there hasn’t been a single individual that has reached out to sign a petition for another board member. If you would like to start a recall for another member of the board please reach out to us though the “Contact Us” page. The President and VP are supposed to be the “leaders” of this BOD, therefor they bear majority of the responsibility. They have demonstrated a lack of leadership, judgement, and transparency during this debacle. The recall vote is already underway and does not hinder us in any way from recalling additional members of the BOD. Another recall CANNOT be attempted for the President and Vice President during the remainder of their term if this one does not pass, no matter what they do there will be no course of action for the community to take to remove them.
Are You Trying to Increase Monthly Dues?
No, the fact of the matter is our neighborhood is deteriorating and our playgrounds are dangerous, please click here for photo latest documentation. If you look at our reserve fund balance against the list of maintenance items that are due or overdue and repairs needed or items that have past the end of their life, the real reserve balance is much closer to zero. Reserves are there for unexpected items, emergency repairs, economic downturns, etc. Flourishing neighborhoods are well maintained, duct tape isn’t a considered an acceptable “repair” for years. By law you can only increase the assessment by a certain amount per year, which for us equates to approximately $2 a month per year. There would need to be a community vote for a special assessment that has to pass by 75% to increase our dues more than approximately $2 per month, by law. It doesn’t matter who is on the Board, this decision will always be left up to the community and how they vote.
What Is The Nominating Committee?
In 2012 when Cheryl M. was serving as BOD president amendments were made to our bylaws, in these amendments it gave the nominatting committee more control over who is placed on our election ballots. It included setting the rule that “Nomination for election to the Board of Directors shall be made by a Nominating Committee. Nominations may not be made from the floor at the annual meeting of the Members, but write-ins will be permitted….The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled.” To see more on the nominating committee and its role in our elections please click here.
Who Were The Cease & Desist Letters Sent To?
There were 9 letters sent out, the individuals that received these letters were either administrators to neighborhood Facebook page, or individuals who voiced opposition to Marci, the newly elected President. The individuals that recieved the letters were: Ashley N, Sam S, Bill T, Sharon M, Keith F, Lynda S, Jenifer R, Matt D, and Brian E. Marci and others associated with her were fully involved in the online discussion and the behaviors the letters are assumed to be addressing, but they did not receive letters. This action was not applied equally to all residents.
I Would Like To Donate To The GoFundMe Fund
Donations for the vote Yes to recall are appriciated. We utilize this money for mailers, legal advice, and community meetings.
I Would Like Updates On The Recall Delivered To My Inbox
As soon as we get additional information regarding the recall we will email you the updates. Your information will not be used past the recall.
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Have questions regarding the recall or would you like to know how you can help?