Discovery Bay Property Owners Awareness Coalition (DBPOAC)
On October 1, 1970, Veronica Development Corporation filed Discovery Bay CC&Rs with
SO WHAT HAPPENED?
Sometime prior to 1973, a group of
However, the Secretary of State’s office suspended the DBPOA for incorrect filings on August 6, 1973. (Click here)
On August 9, 1973, the DBPOA wrote its bylaws. These bylaws did not require mandatory membership in the association. (Click here: DBPOA 1973 BYLAWS) Pertinent areas are highlighted.
SO WHAT HAPPENED?
On October 19, 1976, the DBPOA again filed Articles of Incorporation with the Secretary of State; and on November 11, 1976, the Secretary of State approved the DBPOA as a Domestic Nonprofit Corporation. (Click here)
The 1973 Bylaws were amended on June 22, 1976. Membership was still voluntary. (Click here: DBPOA 1976 BYLAWS) Pertinent areas are highlighted.
Meanwhile, the same original 1970 CC&Rs were being filed for all subsequent tracts built in Discovery Bay (common interest tracts were modified appropriately), by all subsequent developers, through 1985. In each case, the authority to administer these CC&Rs was assigned to DERC and a Notice of Assignment was filed with the
SO WHAT HAPPENED?
In 1985, the DBPOA rewrote the Veronica Development Corporation 1970 CC&Rs.
On October 18, 1985, the DBPOA then filed these revised CC&Rs with the Contra Costa County Recorder’s Office. This was done by filing an index (table of contents) of the Discovery Bay CC&Rs, followed by the amended CC&Rs, dated June 1, 1985, and a notarized statement of execution. The amendments almost all pertained to administration only; which included giving itself the authority to administer the CC&Rs while making membership mandatory. It stated that this assignment of power was granted by the approval of two-thirds of the property owners in
There were many errors or apparent oversights in this document filed with the
For example, apparent confusion in how to word the article on Assignment of Powers (since most articles were copied verbatim from the original CC&Rs) can be seen in Article 4.5 (in the amended CC&Rs) with a reference to adhering to the provisions of Article 2, Chapter 1. There is no Article 2, Chapter 1 in the amended CC&Rs; it was left out of the document. In the original 1970 CC&Rs, this same reference was to Article XLVII, the provisions for a later formed homeowner association…
The exhibits attached to the amended 1985 CC&Rs, showing the affected tracts, were replete with errors. These included listing common interest development tracts that the DBPOA did not govern, and were missing tracts that it now claimed to govern. Many of the CC&R filing dates, books, or page numbers shown on the exhibits, as recorded at the Contra Costa County Recorder’s Office, are inaccurate and lead to wrong tracts, deeds of trust, quit claim deeds, small claims court cases, etc.
SO WHAT HAPPENED?
With the original 1970 CC&Rs due to expire on January 1, 1988, the DBPOA had to work quickly if it was to take over the property rights of the homeowners before this date. It then had to get the two-thirds homeowner approval that the filed 1985 amendments stated they already had. Throughout 1987, from January 5th until the last day of December 31st, the DBPOA proceeded to file the amended 1985 CC&Rs (containing the same exhibits; having corrected only the reversed Map and CC&Rs Recorded dates on Exhibit A, and adding a few tracts to Exhibit B), along with certificates of amendment to the DBPOA’s 1985 filed CC&Rs, for each tract. These certificates stated that the Veronica Development Corporation’s original Declaration “created a planned unit development subdivision administered by the Association named above” (DBPOA). As said, these were filed on a tract by tract basis, and the affidavits signed by Fran Syufy (President) and Melissa Harrison (Secretary) stated that 2/3 of the homeowners consented to the revised DBPOA 1985 CC&Rs (with signatures on file with the association). (Click here: 1987 CERTIFICATE OF AMENDMENT) Pertinent areas are highlighted.
SO WHAT HAPPENED?
While there are different versions of what actually transpired, what is apparent is that what took place has been the subject of much controversy ever since. Many homeowners who were residents at the time say that no notice was given, nor any vote taken; others say some signatures were collected on a petition by the DBPOA going house to house in only some tracts; and still others say that homeowners were simply called and if they approved, their names were signed by the DBPOA members who had volunteered to help in the effort. Many of these “old-timers” say homeowners were never told that membership would be mandatory; and that copies of the new CC&Rs were never distributed to anyone.
What is also known is that the signatures collected were never verified or notarized; but this has now become a moot point because the “signatures” (or vote) supposedly on file with the DBPOA, and responsible for its authority to administer the CC&Rs, have since disappeared over the years…
On more than one occasion, the legality of the DBPOA’s actions has been challenged. Please see our IS THE DBPOA LEGAL? page to read about other significant actions taken during the DBPOA’s history.
“An honest man can feel no pleasure in the exercise of power over his fellow citizens.”
-Thomas Jefferson