Governance Alert: Treasurer Authorized Procedural Bypasses & Selective Enforcement in Landscaping

Date: Dec 31, 2021 Category: Association Governance / Fairness & Equity

Summary Fair governance requires that rules apply equally to all residents. A review of Association records reveals instances where specific landscape improvements—introducing plant species not native to the community's original design—were executed via internal Work Orders paid for by the HOA. This bypassed the process and fees that are strictly enforced against other homeowners, raising serious questions about selective enforcement by Radius at Whisman Station HOA in Mountain View CA Board Treasurer Patrick Szeto.

The Governing Rules: Maintenance vs. Improvement Our CC&Rs and Information Handbook establish a clear distinction between "maintenance" (replacing items like-for-like) and "improvement" (changing the landscaping design of the Association Maintenance Area).

  • The Standard: Any change to the landscaping plan in the "Association Maintenance Area," requires approval.

The Incident: Bypassing the Process Association records show that in 2021, Work Orders were issued for a property in the rows of 3200-3700 Pyramid Way.

  • The Request: The Work Order explicitly instructed the vendor to "replace with a different plant" because the original plants looked "dormant" .

  • The Cost: Multiple Work Orders were issued, each authorizing a spending limit of $1,500.00. This effectively authorized a cumulative potential spend of $3,000 for a single home .

  • The Change: The introduction of Hydrangeas (a non-native species not previously used in the community) confirms this was a discretionary improvement, not maintenance. Under the rules enforced on other residents, changing the plant palette triggers the requirement for an Architectural Application and review.

The Disparity & Treasurer Involvement Treasurer Patrick Szeto authorized/released payment for these Work Orders using Association funds. This occurred while other residents have been subjected to:

  • Requirements to submit formal Architectural Applications.

  • Requirements to pay processing fees.

Allowing one property to bypass the process and have the HOA pay for a non-standard landscape improvement, while enforcing strict "legalese" and fees on others, represents a failure of impartial governance.

Legal Authority for this Disclosure This report is published in the interest of transparency regarding Association governance and the equitable enforcement of rules.

  • California Civil Code § 4515(b)(6): Protects the rights of members to use social media to discuss "issues of concern to members" and "association governance," including the equitable application of rules and the spending of association funds.

  • Common Interest Privilege (Civil Code § 47(c)): Protects communications between interested persons (homeowners) regarding matters of common interest, such as whether Board officers are enforcing rules fairly and managing funds properly.

  • Fiduciary Duty of Impartiality (Corp. Code § 7231): Directors have a duty to enforce governing documents uniformly. Waiving application requirements and costs for specific homes while strictly enforcing them against others creates a liability risk for the Association and violates this duty.

  • Right to Inspect Records (Civil Code § 5200): The information above is derived from non-confidential Association business records (Work Orders and Invoices) regarding the maintenance of the common interest. development.

Location: Circuit Wy, Mountain View, CA 94043, USA

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