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LWV
           August 07, 2008
           Residents Voice


08/07/08        Residents Voice   1
“Current Issues”

              Connie Grundke




08/07/08         Residents Voice   2
Tonight’s Subjects
• Management Agreement
     – Connie Grundke
• Composting
     – Connie Grundke
• Survey - GHS Consulting
     – Connie Grundke



08/07/08            Residents Voice   3
Management Agreement



08/07/08   Residents Voice   4
Yearly Management Fee - K Dollars
                                                                                 674
             $700
             $650                                                    562   572
             $600
             $550
             $500
K Dollars




             $450      324   324   333     339       348       367
             $400
             $350
             $300                                          -
             $250
             $200
             $150
             $100
              $50
               $0
                       2001 2002 2003 2004 2005 2006 2007 2008 2009
                                                    year
            08/07/08                     Residents Voice                         5
GRF Board Meeting 8-7-8




08/07/08            Residents Voice   6
Statement per GM
• United hired an attorney to assist in writing
  the Management Agreement for United.

• The other mutuals decided to use the
  attorney and paid a portion of the attorney
  fees.

• The attorney wrote the Management
  Agreements.
08/07/08           Residents Voice              7
Who Created the Management
             Agreement?
• Chronology;
     – 2006 United hired attorney to represent the
       Mutual in negotiating the Management
       Contract.
     – Attorney began modifying existent document
       to update it with additional safeguards for the
       residents.
     – Other Mutuals agreed to using the attorney for
       their Management Agreements and share the
       attorney cost.

08/07/08               Residents Voice               8
Final Outcome
• Attorney went through several versions
  (up to version 4) of the Management
  Agreement ending with document number
  OC 026052251v4

• Attorney was then released and
  terminated further work with the Mutuals.


08/07/08          Residents Voice             9
08/07/08   Residents Voice   10
Signature page for Third Mutual …. Doc # OC 286052251v4
         Mgmt Agmt Third 2007 OC 286052251v4 signed 13.pdf

            Page 8 for United Mutual …. Doc # OC 286052251v4
           Mgmt Agmt United 2007-OC 286052251v4 7-13-6 8.pdf

            Page 8 for Third Mutual … Doc # OC 286052251v4
           Mgmt Agmt Third 2007 OC 286052251v4 signed 8.pdf




 Third Directors signed a document that was
     modified by someone other than the
     attorney. PCM says, “Was Not us!”

                    Then, “Who Was It?”
08/07/08                      Residents Voice                    11
Conclusion
• After the attorney was released, someone
  (GRF or PCM) modified the version 4
  document.
• GRF would not have been capable so it
  probably was done by PCM staff.
• Could have been done under the direction
  of one or more Directors, but, highly
  unlikely that the GM was not aware of, or
  involved in the changes.
08/07/08          Residents Voice         12
Conclusion (cont)
• The final document that was created by
  the attorney is different than the same
  document number that was signed by the
  Mutual.

• Someone (not the attorney) modified the
  signed document.


08/07/08          Residents Voice           13
Composting



08/07/08      Residents Voice   14
PCM Wants to Lease Property
• PCM arranged for a Compost Contractor
  to lease 3 acres of our 23 acre property for
  their use;
     – Who was the contractor – GRF didn’t know!
     – What was the anticipated truck traffic – GRF
       didn’t know!
     – What kind of environmental impact would it
       have on our property near the compost facility
       – GRF didn’t know!
08/07/08               Residents Voice              15
Compost Results
• A number of Board Members agreed that
  these questions must be discussed and
  answered before there is any
  consideration of leasing our property for
  this purpose.


           • THANK YOU GRF!
08/07/08          Residents Voice             16
GRF & PCM Survey



08/07/08     Residents Voice   17
Survey – Review & Update
• A contractor (GHS Consulting) became
  aware of a planned survey when she met
  PCM representative at a Trade
  Association breakfast in 2007.
• GHS contacted PCM Purchasing Agent
  and asked if they could submit a bid.
• PCM gave GHS the O.K. to do so.


08/07/08         Residents Voice           18
Background!
• Contractor was a recent Board Member of
  the Trade Association.
• The Trade Association has a home
  address in Lake Forest on Bircher Street
  (home of PCM, INC. and PCM of CA.)
• This Trade Association included members;
  Mayer Corp, Standard Pacific, American
  Living Services, GHS & PCM.
08/07/08         Residents Voice         19
The Saga continued
• As you are aware from the ads; GHS is
  conducting a survey to evaluate the
  operation of the Boards and PCM.

• 2500 random surveys were sent out.

• Not one survey was mailed to a valid
  address. Every addressee was incorrect.
08/07/08          Residents Voice           20
What Came To Light?
• General Manager said it was not their
  fault and contractor agreed to repeat the
  mailing which will be included in the
  original cost of $9,500.

• Questions on the survey were created with
  the assistance of PCM staff.


08/07/08           Residents Voice            21
What GRF Doesn’t Understand!
• You don’t ask the fox to control access to
  the hen house!
• Questions should be asked to reflect the
  measurements of the Residents, not PCM
  Staff.
• The Survey will only measure the
  effectiveness of GRF & PCM access to the
  Globe and Channel 6.
08/07/08          Residents Voice         22
What PCM Doesn’t Understand!
• An “arms length,” as referenced in the
  Management Agreements is, greater than
  the distance between GHS and PCM!

• Membership in a Trade Association is
  valid and useful, until, one member is
  asked to critique or evaluate another
  member.
08/07/08           Residents Voice         23
What The GM Doesn’t Understand!
• The appearance of impropriety is often as
  bad as outright fraud.
• He is losing the Trust of the owners as he
  continues to run roughshod over the
  Boards of Directors.
• His directing of the GRF President at the
  GRF Board meeting was despicable and
  unfortunately evidence of who is running
  the Board.
08/07/08           Residents Voice             24
The End

08/07/08     Residents Voice   25

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Agenda 08 07 08

  • 1. LWV August 07, 2008 Residents Voice 08/07/08 Residents Voice 1
  • 2. “Current Issues” Connie Grundke 08/07/08 Residents Voice 2
  • 3. Tonight’s Subjects • Management Agreement – Connie Grundke • Composting – Connie Grundke • Survey - GHS Consulting – Connie Grundke 08/07/08 Residents Voice 3
  • 4. Management Agreement 08/07/08 Residents Voice 4
  • 5. Yearly Management Fee - K Dollars 674 $700 $650 562 572 $600 $550 $500 K Dollars $450 324 324 333 339 348 367 $400 $350 $300 - $250 $200 $150 $100 $50 $0 2001 2002 2003 2004 2005 2006 2007 2008 2009 year 08/07/08 Residents Voice 5
  • 6. GRF Board Meeting 8-7-8 08/07/08 Residents Voice 6
  • 7. Statement per GM • United hired an attorney to assist in writing the Management Agreement for United. • The other mutuals decided to use the attorney and paid a portion of the attorney fees. • The attorney wrote the Management Agreements. 08/07/08 Residents Voice 7
  • 8. Who Created the Management Agreement? • Chronology; – 2006 United hired attorney to represent the Mutual in negotiating the Management Contract. – Attorney began modifying existent document to update it with additional safeguards for the residents. – Other Mutuals agreed to using the attorney for their Management Agreements and share the attorney cost. 08/07/08 Residents Voice 8
  • 9. Final Outcome • Attorney went through several versions (up to version 4) of the Management Agreement ending with document number OC 026052251v4 • Attorney was then released and terminated further work with the Mutuals. 08/07/08 Residents Voice 9
  • 10. 08/07/08 Residents Voice 10
  • 11. Signature page for Third Mutual …. Doc # OC 286052251v4 Mgmt Agmt Third 2007 OC 286052251v4 signed 13.pdf Page 8 for United Mutual …. Doc # OC 286052251v4 Mgmt Agmt United 2007-OC 286052251v4 7-13-6 8.pdf Page 8 for Third Mutual … Doc # OC 286052251v4 Mgmt Agmt Third 2007 OC 286052251v4 signed 8.pdf Third Directors signed a document that was modified by someone other than the attorney. PCM says, “Was Not us!” Then, “Who Was It?” 08/07/08 Residents Voice 11
  • 12. Conclusion • After the attorney was released, someone (GRF or PCM) modified the version 4 document. • GRF would not have been capable so it probably was done by PCM staff. • Could have been done under the direction of one or more Directors, but, highly unlikely that the GM was not aware of, or involved in the changes. 08/07/08 Residents Voice 12
  • 13. Conclusion (cont) • The final document that was created by the attorney is different than the same document number that was signed by the Mutual. • Someone (not the attorney) modified the signed document. 08/07/08 Residents Voice 13
  • 14. Composting 08/07/08 Residents Voice 14
  • 15. PCM Wants to Lease Property • PCM arranged for a Compost Contractor to lease 3 acres of our 23 acre property for their use; – Who was the contractor – GRF didn’t know! – What was the anticipated truck traffic – GRF didn’t know! – What kind of environmental impact would it have on our property near the compost facility – GRF didn’t know! 08/07/08 Residents Voice 15
  • 16. Compost Results • A number of Board Members agreed that these questions must be discussed and answered before there is any consideration of leasing our property for this purpose. • THANK YOU GRF! 08/07/08 Residents Voice 16
  • 17. GRF & PCM Survey 08/07/08 Residents Voice 17
  • 18. Survey – Review & Update • A contractor (GHS Consulting) became aware of a planned survey when she met PCM representative at a Trade Association breakfast in 2007. • GHS contacted PCM Purchasing Agent and asked if they could submit a bid. • PCM gave GHS the O.K. to do so. 08/07/08 Residents Voice 18
  • 19. Background! • Contractor was a recent Board Member of the Trade Association. • The Trade Association has a home address in Lake Forest on Bircher Street (home of PCM, INC. and PCM of CA.) • This Trade Association included members; Mayer Corp, Standard Pacific, American Living Services, GHS & PCM. 08/07/08 Residents Voice 19
  • 20. The Saga continued • As you are aware from the ads; GHS is conducting a survey to evaluate the operation of the Boards and PCM. • 2500 random surveys were sent out. • Not one survey was mailed to a valid address. Every addressee was incorrect. 08/07/08 Residents Voice 20
  • 21. What Came To Light? • General Manager said it was not their fault and contractor agreed to repeat the mailing which will be included in the original cost of $9,500. • Questions on the survey were created with the assistance of PCM staff. 08/07/08 Residents Voice 21
  • 22. What GRF Doesn’t Understand! • You don’t ask the fox to control access to the hen house! • Questions should be asked to reflect the measurements of the Residents, not PCM Staff. • The Survey will only measure the effectiveness of GRF & PCM access to the Globe and Channel 6. 08/07/08 Residents Voice 22
  • 23. What PCM Doesn’t Understand! • An “arms length,” as referenced in the Management Agreements is, greater than the distance between GHS and PCM! • Membership in a Trade Association is valid and useful, until, one member is asked to critique or evaluate another member. 08/07/08 Residents Voice 23
  • 24. What The GM Doesn’t Understand! • The appearance of impropriety is often as bad as outright fraud. • He is losing the Trust of the owners as he continues to run roughshod over the Boards of Directors. • His directing of the GRF President at the GRF Board meeting was despicable and unfortunately evidence of who is running the Board. 08/07/08 Residents Voice 24
  • 25. The End 08/07/08 Residents Voice 25