Who is behind the recall

"Wolfpack" has become synonymous with the faction led by Wolf, symbolizing his significant influence in Bell Canyon affairs as well as the controversies that have emerged under his leadership.

The group now pushing for a recall—what many are calling "Wolfpack 2.0"— Their past behavior divided Bell Canyon, and their conduct has been found to breach fiduciary duty in a court of law. These actions were not only irresponsible but carried out in bad faith. If you haven’t reviewed the audit yet, I encourage you to do so. 

Many of the individuals who were on the board when our community fell into $11 million of debt breached their fiduciary duties under the law and acted in bad faith. These are the same people now involved in the clawback lawsuit. Now, they are pushing a recall—not out of concern for the community, but out of self-interest.

This recall is yet another unnecessary expense for a community that is already financially hurting—once again, caused by the very people who signed and are promoting this recall

For Michael Rabkin HOA lawyer to Steve Resnick second notice

You misunderstand who my client is.  I represent the elected board of directors acting by the board majority of a quorum.  The board has appointed a board legal liaison who instructs me.  There is and would be no reason to include you in a meeting to discuss your own breach of fiduciary duty to the association corporation, for the simple reason that the board majority is taking action against you.  I do not represent any individual board member, and never have.

The board assures me that it is not possible that you obtained everything stated in your letter outside of executive session board meetings, but that misses the point.  You are writing as a sitting board member about board actions.  As a sitting board member, you owe a fiduciary duty to the board not to air your board grievances publicly using your board position to do so.  As I wrote, you are free as an association owner to state whatever you want (provided that nothing stated is confidential and obtained from executive session board meetings).  If you disagree with the board, then state so at the board meetings, and vote as you wish, but to write to the entire community on your board letterhead breaches your fiduciary duty to the association corporation.

My letter to you is not privileged, obviously, since I wrote it to you, and you are not my client. 

I intend to continue to represent my client vigorously.  I would urge you to work within your own ethical obligation to the association corporation, and not breach your fiduciary duty to it.

Best,

Michael

Michael W. Rabkin, Esq