MENIFEE LAKES MASTER ASSOCIATION                                

November 3, 2006

ATTN:  MENIFEE LAKES MASTER ASSOCIATION BOARD OF DIRECTORS

RE:  ILLEGAL MISUSE OF OFFICE

In recent days, homeowners received two mailings; one from the Menifee Lakes Master Association concerning “the removal of the ducks”,  of which the mailing was delayed until a legal directive released it for mailing,  even after the board approved its being sent out ASAP during the October monthly Homeowners’ Meeting.

The second mailing received was a postcard promoting the anti-board-recall website.  Comparing the labels from both the envelope from MLMA and the postcard, it became evident that they had both come from label-runs at the Emmons Management Office.   Let’s remember that all 1853 homeowner names were given in the form of self-stick labels; this is NOT the same as just a listing of homeowners as defined in “Membership List” Corporate Code 8330(a) or under “Purpose of Request” Civil Code 1365.2 (a)(1)(I) . 

After in-depth follow up and challenge of the Emmons Company, it was learned that yes, the printed self-stick labels had in-fact been issued from the Emmons Office to our CFO Mr. Moffitt.  We were told that Mr. Moffitt simply asked for the labels for a mailing, presumably for MLMA business.  No mention that he was going to give it to anti-board-recall website owners.  The unconscionable,  false pretenses of our CFO to get the labels and personal information of all homeowners to provide them to others is blatant  misuse of office.   Although after Emmons personnel admitted providing the self-stick-labels,  Mr. Moffitt was advised by the management company and legal counsel that his actions were inappropriate and that he would have to pay for the materials, it does not alleviate the lack of integrity and  fraudulent, malicious misuse of office by Mr. Moffitt. 

This was not only offensive as an invasion of our privacy,  but even more so that an Officer of the Board of Directors would use his office to provide this materiel to individuals for whom he had personal knowledge were participating in malicious behavior.   Mr. Moffitt has been photographed on numerous occasions with these individuals.

Once again, Mr. Moffitt has violated the position of an office of the Board of Directors and the trust of this association.  The only appropriate, conscientious action for the current Board of Directors is to exercise your authority as outlined in our CC&Rs Article 8, Sec 8.04, which allows the removal with or without cause, of Mr. Moffitt from his position as Chief Financial Officer.  Further, it is also requested that you, as Board of Directors,  ask for his resignation.  Mr. Moffitt is a detriment not only to this association, but also to you as his fellow board members.

Cc:  Aguilar, Vejar, Moffitt, McFarland, Beckendorf, Carnes, Skari, Bigelow (Emmons) 

Respectfully Submitted: 

/s/ L. Walund

/s/ J.  Halliday

/s/ S.  Beckendorf

/s/ G. Hughes

/s/ B.  Rozell

/s/ D. Harris

/s/ J.  Rozell

/s/ R.  Berry

/s/ D.  Polley

/s/ C.  Bessire