Who’s On The Board?

Does anyone know who is on the Sevilla Board of Directors? Does anyone know if any of the board directors were elected to their positions? How did these homeowners end up as board directors?  

At the last Annual Meeting in April 2022, the Board of Directors was composed of newly elected directors Mrugeshkumar Patel,  David Walker, and Kimberly Clark-Williams along with Maysim Mondegaran and Dan Mollise. Maysim Mondegaran resigned at the end of April 2022, leaving a vacancy. Carolyn Brothers was then appointed to the board by 3 directors in May 2022. Those 3 directors have since resigned. Prior to the June 2022 Board Meeting, the Board President resigned his position after serving as board president for less than two months, leaving the position open. At the June 2022 Board Meeting with 2 directors absent, Carolyn Brothers was appointed to become Board President with her vote and Dan Mollise’s vote. When two board directors (Dan Mollise & Dan Mollise) resigned in September 2022, that left 3 directors remaining with two director positions vacant. At the September Board Meeting, only 2 directors were present. Instead of postponing the board meeting due to a lack of quorum (3 directors), both directors decided to continue with both executive and general session meetings. This action put the Association at risk.

According to our governing documents, 3 board directors must be present to conduct business.” In the absence of a quorum, any business transacted (except for the procedural actions noted in the next paragraph) is null and void.” (Robert’s Rules, p. 347.) “Unless the articles of incorporation or bylaws state otherwise, ‘a majority of the number of directors authorized in the bylaws constitutes a quorum of the board for the transaction of business.’ (Corp. Code § 7211(a)(7).) A vacancy on the board does not change the number of directors needed to make a quorum–the board needs a majority of the number authorized in the bylaws, not a majority of actual directors. For example, if the bylaws call for a board of five directors, the quorum is three. If two directors resign, the quorum requirement for the three remaining directors is still three.” To sum up, the appointment of Directors Werling and Patel was improper because Board President Brothers and Director Patel conducted Association business without authority.

This leads to the most recent directors being appointed in January 2023 after a fraudulent Recall Election in November. Andre LaBreche and Edward Lee were appointed by the previously appointed board directors. So now we have a majority of board directors who were appointed under questionable circumstances and the possibility that all board decisions since September 2022 are null and void.