Unfortunately, we are starting our newsletter with the news of a NEW lawsuit filed on January 26, 2010 by BP Homeowners Bill Apodaca, Dave Miller (1609 Rambling Rd**), Esther Mead, Jim Pantaleo, and Linda Pierce (case 56-2010-00366413-CL-MC-SIM). They are being represented by Cindy Pandolfi. The subject of the complaint is the cancellation of the January general election.
On February 1, 2010, they moved for a temporary restraining order to compel the election to be held early and with original ballots and proxies. The Judge issued a tentative ruling which denied their motion and the Judge said that they did not show a likelihood of prevailing on their claim. After oral argument the judge took the matter under submission and, as of the printing of this issue, has not issued a ruling.
Therefore, the March 15, 2010 election is currently scheduled to proceed and by now you have already received new ballots and a correct 'proxy' form is available. Unfortunately, the lawsuit will continue unless dismissed by the plaintiffs.
The Apodaca v BPHOA suit also continues and no trial date has been set. BPHOA continues to incur costs and legal fees in both of these cases.
The License Agreements owned by Louis & Cindy Pandolfi, Dennis & Linda Swirles, William Morris, Jr, and LaMonte are being reviewed by HOA Legal counsel.
The rains have started, and we welcome the water to hopefully end the drought. Please make sure drains in front and/or back of your properties are clear and sand bagged to keep overflow into the drain. It is each homeowner's responsibility to sand bag your property to prevent damage. The Mountain Park and Landscaping Chair's have been very busy removing broken branches, and monitoring all of our common areas.
The new 2010 Approved budget was distributed with the annual package. There will be no dues increase this year.
The Miller C.U.P permit has been approved by the Planning Commission, Neighborhood Council, and the City Council. The allowance for 8 cows applies ONLY to the Miller lot.
Sincerely,
The Bridle Path Board
Stephanie, Cathy, Lee, Marcy & Daran
