-.

Pismo Beach Police Department 1000 Bello Street

CASE NUMBER

121611 REPORT TYPE CIVIL DISPUTE REPORTING OFFICER

INCIDENT REPORT SUPPLEMENT NUMBER

CAD EVENT NUMBER

1210020009 ~EPORT DATE Pismo Beach, CA 93449

(805) 773-2208 P0 59 -WEIR STEVE I ·{0/02/2012

INCIDENT LOCATION

JURISDICTION

PBPD

NATURE OF INCIO:..:E~NT_:__ _____ ---:=------••o ALCOHOL. RELATED 0 SENIOR CITIZEN 0 HATE I BIAS

·Q CHILD ABUSE D GANG RELATED 0 OFFICER ASSAULT

OCCURRED DATE TIME DAY

TO 10/02/2012 08:20 TUE

REPORTED 10/02/2012 06:20 TUE

0 ARSON

'0 DRUG RELATED 0 DOMESTIC VIOLENCE D JUVENILE ~=-------------------~-----------------------··----------------------------·-------~ SYNOPSIS

Alan Aherne reported that he was being forced to pay home owners association fees for two private ya'fds and HOAfees that exceed what is considered lawful in the state of California.

~! .. ::

.. :.·:!

STATUS lli!'PC><T STATUS REPORT STATUS OATE 1, cwsc 1011612012

DISPOSITION

cwsc

LARCENY

ROBBERY

DISPOSITION DATE

10/16/2012

cc DF

APPROVAL

P0 59 - WEIR, STEVE

APPROVAL DATE

10/16/2012

ViCTIMS !NUMBER INV I ~AME LAST, FIRST, MIDDLE

~- ~ ~ VI AHERNE, ALAN HOME ADDRESS

:·r.r:~:,y.:: , .

... ·.,·:et~ EMPLOYER -- ---··

;. ~.:; ;_i HOME PHONE

.><:·.· DOS \ AGE ~~X I RACE

1211111933 78 -~··· DL NUMBER I DL ST I SSN

~ :; ~. :' i COMMENT

. , .. ~-...... ,

·; .- ..... . lNUM9ER INV I NAME: LAST, FIRST, MIDDLE

' .. :: '2' su MANAGEMENT, B&W ... HOME ADDRESS ,. I

135 S HALCYON ::~ ·• . .. ·::_: ,. EMPLOYER

__ :; .... HOME PHONE

. ' (805) 4890864 ., DOB I AGE ·. !SEX I RACE

·---'--· • ...::~ ~ \h:;

! · I DL NUMBER I DL ST I SSN 'T;;.:rr

COMMENT

~ . ~- ..

·.:.·; 1, ' :-\T-''

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.w·:.•

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Pismo Beach Police Department CASE NUMBER 121611

DISPOSITION

CI TY STATE, ZIPCODE MAILING ADDRESS . CITY. STATE, ZIPCODE

EMPLOYER ADDRESS CITY. STATE. ZIPCODE OCCUPATION

CELL PHONE OTHER PHONE EMPLOYEA: PHONE

. (805) 7736082 €T H l KEIGKT I WEIGHT \HAIR EYES IPOB I RES I GANG IDENTIFICATION

509 145 BRO BRO I FBIID I STATE ID I LOCAL IOLN

00381868 I soc

CITY. STATE. ZIPCODE MAILING ADDRESS CITY, STATE, ZIPCODE

ARROYO GRANDE CA 93420 EMPLOYER ADDRESS CITY, STATE. ZIPCODE OCCUPATION

CELL PHONE OTHER PHONE EMPLOYER PHONE

ETH I HEIGHT I WEIGHT I HAIR I EYES IPOB IRES I GANG IDENTIFICATION

I FBIIO I STATE 10 'LOCAL I'D I'D

INCIDENT REPORT Pismo Beach Police Department

NARRATIVE

prig in :

CASE NUMBER

121611 CD ~~L~ \\ \t\ Nl..c. ~o~ -n.l~T 2.0~ !A.Bo'-l t::.. \\-\c CJJQ(Z.LN.T ~A\ts.. ~u.DI\Iv~A~L.. '/ W~ \..\ f:lv \'..10\ ~~\A~ ~1.\E~ A ~0- ~QR.t-A.A ~UD~CT ~- A0SE.. \)N\'T.S I ~r; \\-..\Sl~T\":D ~~~ 'NI:: \1-.LC::WD E:. ~\C..\R_ ~~~N6.\...

<,, • IS')( ~N S\::.S.

, <Q.h 1 o.-01 -12, at about 1500 hou.rs : Alan Aherne came to the Pismo Beach Police Department ·lobby reportmg that he ha.s ~een the v1ct1m of embezzlemen~heft and was being forced to pay .homeowners assoc1at1on fees for two private yards an~ees that exceed what is considered lawful in

.. th,e state of California for HOA fees . Aherne said that due to his age this crime is elderly financial ' a'15Lse as well :

Mct-.~j)c ~ 1<.~--lLw ' \-\L \fi. J li Officer Actions/ Statements: «.'- V\~u P ~~ MA!u~-Y.

'.' . . ~ ; "''"" lc \tiL~ Cu~.9J•ni\;-"> "! ~requested the assistance of DA Investigator AJ Santana who specializes in these types of cases. l·rivestigator Santana and I met with Aherne in my office where we spoke about what occurred. The fql.lowing is a summary of our digitally recorded conversation which was later downloaded into the di~ital media evidence file

10 rYI/~MPf 10 t.>.tr~EN~ IH~ ~C ~ <Z" ((\~-~\.heE ~EQJ \R(') A. ~PE:flt-4).}~\T',/. Ahm Aherne \\j 11-1.~ ~r:\.SIS Ot' A ~0 \-.l\.,.... C.ON~C.Ti~Ar \..S S'S'UCS~U-..."iiS-owltQ.. "i~iE. ~ /),._u.... .·{:. Tt_\J'Sf' AiiOf<' IJLY~~D ~G:'A« C.OMPA.NI E.S,

:f.).herne told us at one time he was the CFO of the HOA of the 6 unit complex. During this time the cl1ecks from the owners for HOA dues were sent directly to the bank. Aherne said he would enter *~·m on the computer. When B&W Management took over he was no longer the CFO as he had r~~ i'gned . They took over the HOA, calling it a corporation,~opting corporate by laws. Aherne said

•tA'~y are not a corporation. There was a majority vote by 3~nsient operating home owners to make ch'~'nges . converting the building to transient rentals. They increased the dues from $164 to $263 . .:fhi.s.was to pay f<;:>r th~anagement of the property. Aherne said you cannot do this as it is i.llegal Je·cause they are; und~pecial law. Aherne said he approached B&W Management and demanded

13 copy of the bills but they refused to give them to him. Aherne told us they must provide that iMformation to the home owners@ o-Jt:.R. 80r. \:e:\M\1-.J ~At:~ A~\JCf l:j·.,;,

""- i ''' · --rut::t'Q, OwlJ f\tlo of the owners have exclusive private yards. These yards require that they pay fo)\maintenance ofil"ihose yards . They decided they would "bully" us by billing us their personal expenses to maintain ttJ.ose private yards. Aherne met with an attorney over this and was told he is not required to pay for t'~ ;dir exclusive private yards . '\>A.IJL<~\)\':;)€..,~?-S.Mo

t-j;J'erne said when B&W Management got involved he attempted to make payments to Rabobank for fF!W.::dues but the bank would not except i,t. The amount of the payments tle attempted to make were > leHs)he two transient homeowners yard . maintenance which he had calculated out. Aherne said he : retJsed to let his neighbor or hims·elf be taken for money to care for another's yard. Aherne told us he .r, l;·_l~i~;~· _; . .

, .... , '. .

;~H~lrne said B&W Management transferred all of the funds out of Rabobank, $27,000.00 "that's. my 1; :~~/~ps that I pu~ into that)),(1_ieser:'e . account." That'~n\<or(~~ey owed ~~for expensel . .A.bwne b;~l);~ved they hq~ ·stolen the asso?1atlons money. Because of this . one of the owne~~anr~t. SrH~'moved out and leased her un1t for a year at $2000.00 a month . Aherne was asked 1f he was the

•lv 'owner not paying the full amount. Aherne said his wife is paying them because he has been · '·~61e to stop th$se "criminal activity '.'. Aherne said.;he is making too large of payments. Aherne said

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.s~:i:{~J ~r paying for more than what the bills total and "they" are using this money for their personal yarps .::bills. M '/ WI \'='C. ~':Is 1u~ M-oNE:v AN"l!. R. P-AY I NC.l\~e 7A~e~ IN~ 'R(.ISu~r ~\r:JT 1"'1-\t:::' IRS

;,[,j·,::·' \. "-' '-~LS\\ <:1.\T~) \1<::'"\l\~rrl'J\o\.~E.Y \ 'St\~f.\'r--J IA¥E.0 W\.\OJ PA.\'1) 1o ?N 'D'J 'J"cH\~Sov :~~S A l<> 1(0\JA'-..:j MC>-1~(!$ "-l~~ ~'\"-1 !;: 'I C.~\- lv ii4tM?

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... ,:f'. I - \...dD::\t' T 114 E. TTi"l-.J'i>C. w ~ Iii 1 .1 N~ . .,-o ~~N O\J '-V \ tJ r . J:~;.y.vas exp ame o ern.e that rhrs may fee cnmrnalm that he s ouldn't have to pay du'es for the l: q;~mtenanqe ,o\i ot~ers prrvate yards and they are forcing him to pay with the threat of lien and _ .Jmni~clo.sure. ';p~rn~e was told this was a civil issue that needed to be taken up with the association ui~mgardmg the ~dues. Aherne still believes the money h,9s been stolen (reference the dues :~·:l!F:l1~$27,000)..;..,"'\\\~~ 0 ~ J w~ ~ul....(:..tJ "D\R.t..c..TL'j OIJi OP OIJ~RA~ ... w:"' Ac:caJ'N.T.S· \t·l\1\~

,.T' ·~~~l~A.NC:..\.:.. ofi'\3~\<.. c...~ L.OYL.!::~~\~7 ' :S~I!. m~"' £"-J{.J. t:\Ni-.~C\11.\.. ,,·~~ ~~~:;)Ll.Sc , A.YI. O V -,~'- cQ ANy 1.-N ,N(j1 W~\(.T~~ C.l-b\l-\\~ \'!> " ~~1.1\I ....J C\'-· ~tott: uh1;lPerne sa1 e read tlie merrca law and diCtionary and realized t at y nrs assisting with tne crues fl~~P;~yments , he was embezzling. He wanted to put a stop to it because a lady who is a widow and ;j~:,~,C1me ·.owner in his complex was paying thE! illegal dues which forced her to refinance her h9me,. In · :J!rQrder to clear this up Aherne spoke with an attorn_ey who told him he shouldn't be paying for

;3nother's yard and he should take it to small claims court. The attorney said to pick two things; .N;:Qarging for the yards and running a transient hotel. Aherne said the running of a transient hotel ·<~revented him from renting his unit at $2,400.00 pe~ month, citing a loss of income.

:·Jtiwas again explained to Aherne that all of the described issues were civil issues. Aherne cited his , {:Jp'es being refused by the bank and then his being fined for failing to pay. Aherne said he cannot use

arT-attorney for t~e civil issues . The attorney's told him this was a "slam dunk" civil case but they ;;YJ~H_ted $5000,¢b to begin yet he would undoubtedly win. They would then appeal and it would cost J-H~\'an addition1al $20 ,000.00 to continue and because they (other home owners) are attorney's they : Wfm·lfkeep this w.rapped up in appeals until he runs out of money. Aherne said they are forcing him out ::"f;)t:h'is home by doing this. Aherne said this is elder financial abuse.

· lained to Aherne the best I could do for him was to present this case to the San Luis Obispo ·ct Attorney's Office and allow them to be the deciding factor as to whether or not this was civil or ina! and or elderly financial abuse . Aherne began citing violations of City Ordinances that were

1-1dt'enforced and incidents that involved those violations to include an incident where 18 kids were ~·taying in one of the residents . Aherne told us he contacted the California Bar Associati~n ~"'"';_>' ~8Vised that most of this covered civil law. They gave him authority and instructions on how to ·t;8H-tact the California Supreme Court concerning the prosecuting attorney who had these people sign

~:i0d,er enalty of per'u_ to change the C~&R'~. t~~~~~~~p~qt~ii was,JnrtZ~~2Q. this '!ias ..• -. : 8r m1nal matter. ·1 aga1n told A ern that th1s case waflJe1ng forwarde~~d fhe san LUis Obispo D1stnct ~(tb'~ney's Offic~ for review . The interview was concluded. _ _ ;_; I~P.· i:o"' '-'' Tl-\1:. ·cOM-MvlJ\"'iy \:)t.\IC..t.~~~\J'i"D\RIZ.t"fu~ ~ Rc>?~W~ ~\...N ~~~~~-s "ii:> "'Ti~~,:. Cc~~ ,;;,;;·-ri'~il\.\~1!~ H Ar-S Neve-~ 1!>\!:.W /..'-N AMCI'tP ""~J'I" iO \L\~ c..c~R~.'R(.f. St\ £)Y Blm\1 \£ff!S~ '!o\1\.. z~. 'tO\) I\ Qf;~!0-0L- 1L I wenttq the ~ern Luis Ooispo coumy Recoraers Office to conauct research on the Park ~~~Wf1ue Townhqlrles: I found several documents relating to amendments to the CC&R's (see below) . ·N' fi:'•l ' ··· ·' . ~~.:,•·.~Y. :;· I

bWJ~ment 1: Second Amendment to Declaration of Covenants, Conditions and Restrictions of Park fWSW,ue Townhomes, a Condominium Development Tract No. 16~3. Articl,!3 Ill, Use Restrictions, -=- w ""<' s~CCti'on 1, ; is amended to read as follows :'C'I.tl~lp\..I A\_A(ila..J' \J St::..l) ,s-ucc<::-S'StUL'/ IUC I'··I'~C:..Z:Z.L.t. ~k.O Nu_s

!).'\~~OS. o..,-r OF'~-\~ I'(( 3::. ~A SA"''~ S.

1i~\'f~esidential Use: An Owner is permitted to lease or rent his/her Subdivision Interest for :,: ., -:··

re's'idential purposes only, including vacation rentals rented for any period of time. However, afi~.)ease or rental agreement shall be in writing and any tenant shall abide by and be subject :ct~~.Y1 terms and provisions of this Decalaration, Rules of the Association and By-Laws. The

•~t!~_¥#. of the association sha!l be. posted. in any unit that is ren:ed for any period of time;. T~is rr\~,~dment supersedes Article Ill~ Section 11, of the Dec!arat1on." $:.\-\OW U~ i"\.~E: DC.-JE.~I.!. "1\:..-...!i ,,~r [Pailt!.c.Tuf..~ VOC..\JM'C>Si.S fiU"i'-ICh'-• ~~ 'TI·H S C.I-\P,IJ <)i£, """'•.i ·~ : - .... f8~pliance vi'ith Article XI, of the Declaration, the foregoing Amendment was approved by

(.~ff~'~,[firmative ~.?r in_ person or by proxy by 100% of the total voting _power of the

~~f;,;!;~;¥:lJ' 1_1 ·. 0\3\J\\YJS~( A QRIMi'-.1/.\.L \....\E. --- r • :.i\W;"! ' I~ I\ .. : ~:;:tr" '-\

!DENT REPOR Pismo Beach Police Department

is document was signed by the President of the Association, Claudia Keith and notarized by Joan rten_ da~ed 06-24-07 (see attached). "t\-1~ (1\ZC.St!) ,r..sr Mv~..-8E. ~ ~e,c;,, 9~ IJT. O..AV9IA -ooest-tu.,.

. . .. l-l r~l~. ~E.F. b- 4--2061

ft!r: f}r·oted t~at d ~ring .my interview with Aherne he stated the running of a transient hotel prevented him fk ;it~~m renting hiS Unit a! $2 ,~00.00 per month.' citing a loss of income. This would be in direct conflict ,,,.:J~}!~ the Amende_? r~sldentl <:l use above wh10 allo~s th~ owners to rent their residence for any )\\}R~tiOd of t1me . ~~.C tJ ~AULGC.\~S C:.-f;-2.Do7 t~4~ f\.((.t:_ t-..!Q A\"\6-.l9E.'J \JS'C:S. Rl!.AQ. C.llY.Of p 5 !· .. )~:\-i}ffl~-11.:~ F2.uV1 l<f--N.DY~LOCY{,CDM\I)\JN\-ry i]C'(UD9\~ME.\!\ ~~~~rc({ ~-\~IS A9..E !:..!Cl c.e}\Z'~< .. · :'t9·~cument 2: Notice of Delinquent Assessment (Lien) c~~l':J'-~~G' \b~.C~ A.\d),(J~E'SJ

:.~~lt~!~~~rf'lddress: .2.27 Park Avenue, Pismo Beach, Ca 93449 · Track 1683 U2, Lot 1 of the City of Pismo Beach

.Jt:ii( APN#OOS-146-01 0 ~f~···

''?!Hh:e owner is: Alan Aherne C...C~R~c:r AJ J&'l1ose Mailing Address is: 228 Park Avenue, Pismo Beach, Ca 93449-2679

;,;~,r.~:linquency n<.AuOL.t::.wr C.I...A..\l-1\ .. \...0~ \.( 1\>"\1-\C.l)tl..IN@J(N.IAS~~\)A.~ ~~.\~~ -~,.;,o.~~~~ .. f\ssessment due through March 30, 2008 $354.49 5~ <.SA lrA<\-167 <:: l.-\R> f"/.1(7',;;. '1v 't : 'l:J"a:.t~"Fees due. through March 30, 2008 · $ 35.96 · , , lQi'~h Preparati:on Costs $100.00 •:~~15~ 1 Amount.;pf delinquency $490.45 ~

,r,'.;,~\S oC'f""\CC(LS o~~~V'.t\:'\"10~ I'S.. coert6:-..,... A~"Ooc.UM6JT"I!'9~Y ?078 owe..tJ)IOM. ~~Yb~i D~' ~iJoa ,.3;Q.i~ document.wassigned by Robert Wood, B&W Management on behalf of Park Avenue_ ~-~•- , -::-

· .. ·.+.lcpWnhomes As'sociation and notarized by~· Avi la on May 7, 2008. l(o()££.1 w~D \S t--to< tilll-'d<.'Sc..O . '·~~D ~,c:;~ O-..J MY ~~\..\A1.-F. AC~7 /Ra~VYv (A r, A\Je.H.O.A 'Pt1..~1D!..UT

i ~1r1·bted that this was the period in which Aherne spoke about attempting to make payments through R.ubobank however the funds were refused . This was d\lfin part to the take over of the HOA and clJ'~nges in depositing rules which were to be sent through B&W Management.C.\1\~C..'L:C..~~C>JC ct='

. :,)"0\J~ f\Jt--1\) ~r"-!OT"~i\..\{\.i" \1...1 U\..IS)C:.ft~f:~"\'i:-\~ftfe~4-·~q \~,YU~C\\'<"¥,~tW\~~~e.s.._ '· '<\-a '"'"'i 12.\:..<:.A.t-.ll~ . 3 0'01• 00 'T\.IJ:rt" MY \\,!"~o,.. 'N~S. - t) 'C!'>yA\IC:)~~S I' W\•11~'VU~ \'£~ wv\n" r)rJcrrment 3:No ce 'of Satisfaction and elease o 1e , . ' A'P.Di"'\~\]AL-~~A\."Ti£.C:.. ~"-' 'Y otJG;ui\.1~ Th'f F.\'yr C~.$t~O'O..Jc::E.~ ·:} 1 ~~4. i1

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. :CI?,is document was the release of lean created by the Notice of Delinquent Assessment. Thi~ · ti!Jf3ument was signed by Jane Wood, Property Manager of the Park Avenue Town homes and

: W6f·~rized by Susan Zimmerman on March 22, 2010 (see attached). t-J:;iKi·h . . .

: 'B~f~56ment 4: Thtrd Amendment to Declaration of Covenants, Conditions and Restrictions of Park : f;V@h'ue Townho'rries•, a Condominium Development Tract No. 1683. Article IX, General Provisions, Ser;tion 12, ; is amended to read as follows : /~~.~~:g·!:~~ . .' :tT~~Y'Arbitration': Any dispute between the Association and any owner shall be settled by

· tion pursuant to the rules of the American Arbitration Association, except any on effort by the Association for late payment of annual assessments, late fees and

ction agency's fees incurred in any collection effort therein may be pursued by way of merican Arbitration Association and/or court action, including, but not limited to, small

:,ims as determined by a majority of the Board of Directors. : .... /U '_ ~·:~:~::r :. ~ ~ hblri~ ;:) ·: ·>?.X'·!:"I :

1 I~L U.DI T1·i~$\\Ctrt:,CL,\\J'~t. ·~ 1·> l,0-\-1 ~, , 1·Nv~ 1 u· u \Jtl\ (

"T • l.>V. 'U\...1(_~ Pismo Beach Police Department

· · ompliance with Article XI, of the Declaration, the foregoing Amendment was approved by ·, , . · affirmative. vote in person or by proxy by 67% of the total voting power of the Association. >.d fj1'• .

&:~PJBis document was signed by the President of the Association , Claudia Keith and notarized by Vickie h};)rJ_fUohnson dated June 09 2010 (see attached) . I1K CA'-tro ~NII:\ ~"'~ Al.lf\-'o«,-t.cv~'--"-N A~~(t..N~ ,.o _" ~f!:~iW: · t•'-1! 'n\•s As 1\~R, ........... h..~,. c;::.. ":>..; W\il~-.,~.: C(\'- 1\utfl.c.""crQ"a.'

f-;';!.i:tf;:his case has been forwarded to Detective Scott Smith of the Pismo Beach Police Department for :'l'Hontact with B&W Property Management group (see supplemental report). ~~ ~~.\~ 1

{;i9R~commendations : .. ,r,, "" I · .. Y,·~'t·'"'1

:t1i~l:on completion of Detective Scott Smith's report I am requesting this case be forwarded to the San · ;·:Ji{!.is Obispo County District Attorney's Office for review. -: - -

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'·\·/' , . Pismo Beach Police Department ·J 000 Bello Str~et Pismo Beach, CA 93449 (805} 773-2208

SUPPLEMENT ALINCIDENT REPORT CASE NUMfiER

J21611 REPORT'-;:TY'""P"'"E ---

y!Vil DISPUTE REPORTING OFFICER

P04i • SIVI ITH. LARRY SCOTT

SUPPLEMENT NUMBER

CAO EVENr NUMBER-

REPORT DATE

1 0/i 6/201

. {.~ ~ . -04-~--- --~---···~-· ··----~--· ,. · · ~'1\RRA 1'1VF.

-- - ----- ------ ------·----·----------------------

. $.!@:J?P.LElv.l.EN'.rAL 1]3;~J?Ol~~ I' .... ;·

):ti~. ' " ,.. ' ·:G•h'' 10/16/12, .L l-iaS ass.lgned by Det. Sgt. V.Jeir to conduct a follow-up .[;:~estigatj_on for Pismo Beach Pol.ice Dept. case #12-·1611. I reviewed this

··2.c.i.dent report a.nd notecl that the vic:tirn in this rnatter • .. 1as identified as ··1· Alan Aherne. The vict.i.m alleged that the property management company

~H0al was hired to manage Park Ave. Townhouses at 227 Park Ave., Pismo Beach had illegally stolen money from him and was impacting his ability to earn money illoaaJJy . Sgt. Weir assigned me to conduct an interview with the respon~ '- \ ~\~~~-~ / .y at the B&~'<~ Property i'1anagernenL Company and obtain a,iiy documenL~-tic.<n . tllat 1·10uld assist in this i.nvest.i.gat:ion.

'INTERVIEW WITH JANET WOOD: .. ?.i_l

j·.g-~1·~_; .

:~1-f~~~fi /\ . •' A:lt-1104 hrs~ on 10/16/12, I contacted Janet. \>Jood the owner of B&W Property

.,o. I

ivii;t'hagement Co . , 135 S. Halcyon Rei., l">rroyo G.cande. 1 explained the purpose Nf~;:·my visit and asked for an interv.ievJ with Wood. (.Vood agreed and the i~terview was conducted in her office. ' ~- 1 ~--~·

i ~.-.~-n ~aDd told me that she wa3 very familiar with Aherne and that he had been co~plainjng and mak1ng allegations against her business and the governing ~oard of the Park Ave. Townhouses Association for several years. Wood told

•

that her company took: over the property management responsibilities for ~ Park Ave. Townhouses in May of 2007. Prior to her company taking over ~se responsi.bilities, Aherne was the president of lhe association. I

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DCI'A,,..,..t-1\~'-l-;- or- «\:A'- C::siAlc ~D~uf'0\<" 1-'\ ('((' z..-:s. Ct-.lc.'-uso II'J<:.<...u \.}t. .. :• O\C. 1 ~' AL s-p.. U j G.,~'i"' W0{\:< •• 5\..\i.\!.'i.

·J··!'rJ , WG....1)0 t-.lefi 1-\~vc ~'Q"-A t:~1J' "1'\J. I N..l~11<::-A-t-a~ A. J, ~t--IIA.NA . ~f.?.~ ~·~en dlSCUSSed 1tHth Wood 6fie' of the ~1leg~tio~'s thatA_Ah.erne ha.Q made w-:.s

~·pat his dues were illegally raised. Wood told me th.at the dues ~d be ·~>~,sed by a . vote of the assoc1a t ion board, during their regular scheduled

·~etings. Wood told me that the amount ~f association dues was bas~d u~on ~;;.:Study by an outside contractor who advised that the association was not

dJ'nerating enough money lo pay t.heir .bills and maintain a healthy reser-ve

~~~ount to pay for certain replacement items such as roofing, paintin~, ~~ving, etc, . This study would consider the future costs of improvements

<.:. '··':) ~J~? day to day costs and •tJould reconunend how much money the association ~~auld keep available in their account~. woods then provided me with a J.,.·.

c.:p.PY of Lhe most recent "Reserve Study Summary" by the J.D. Brooks Re ¥ft rve 5'tudies company dated 10/2/12. ~'ioods then explaJned thJs .study to me and ·;..;._~

pdinted out that the current balance in the associations reserve account Wfl-?,. $22,400 and the "Ideal Reserve Balance" was reconunended to be $44,355.

This report also included a "Reserve Contribution Model", which suggested

~ih~at type of increases should be made to bring the reserve account up to thf,~ recommended levels. Woods told me that this study was used to set the

tim.?unt of dues owned by the members of the association by the governing

bO:ard. PAR_~ (\\1~\J ~ "i"'t)'v-J~\.\0 \;.....~ ~~ \:> c.:a)-4 1 1,h.C. et.._~~'· ~ W\it\ 'it\C.C.\\1~ \u....~GA'- mA.!JS,(ill \.\~~'-~'-""· • • Co~~- 'iiO\J11\l(: \.\t\'>lE.t..\-.1\'Q't.t..-lL£] ou~NCNI!..Y

~J~hen talked to woods about Aherne's allegation that part of the c?:s;socia t ion dues that he •da s paying went to paying for rna intenance for ..;{..~

•. her a.ssocia t ion Ill.ember' .s excl u.si ve yards. \!Wods told me that this was

~t true. Woods told me that Aherne ran the association until her company

.~ok over in 2007. \'7hen Aherne ~,,,as in charge of the association h,e had

. red a landscaper to care for these yards, which are not exclusive yards

only available to specific association members . These yards are not locked ¢l.J:Jd. available to all of the association memb,ers. Woods told me that he/r) ~o~pany made no changes in the practice started by Ahe~ne and continue~ to

~~re for Lhese yards exactly the same way that he did.

~~-,; f ·l I,, I ·;

! ' then talked to Woods about Aherne's allegation that her company had $E8;ien Aherne's $27,000 in savings from the association reserve account.

~~8~s told me that this allegation was false. Woods told me that when her qp~pany took over the management of the property, Aherne was no longer the

p:r:.~.sident of the association and his name was removed front the q .. ,sspciation' s Rabo Bank account. The money in this reserve account was money contributed by all of the association members. This money belonged ~9 : all of the association members, which would be based on the square fs~tage each association member owned.

tll'. r • : I. t."hen discussed v.;itll tvoods Aherne's allegation that her company was

•Ai7,~.~ng a "transient hotel" which precluded him from renting out his unit

r $2,400 a month and thls was causing him to lose income. woods told me

j' Ave. To0rihouse property was not a transient hotel and Aherne could ,........._~,his unit as a vacation rental. She al'so add'ed that the amount quoted

.·:,·· 8

: .. ~y Aherne of $2,400 a month for rent was way too high to charge anyone for ent. ~b((. /.\ "rTI-\C\· \ ~1) \-\.HbL\::.1 -\~u ~~t..siA~ 1<~-n,;:· 1=0\< 0\)(( ~LC\J~ 0~ L\J~vR~ CoN~S ,4t

-W·cod told me that Aherne has been making these same complaints since 2007.

:?h:e told me: that ,Z\herne 't.IOUld show up at the board meetings and the board ~buld give him 10 minutes to state his complaints during the open forum r.

;.·.tu..'ine. After· Aherne \>Jould make his complaints and allea.otions , the board SU11" . . . r< A IT/.\CI-1~.1> -, - ?..v-lOOI ~- Ro~ MC"-l\>~ lw~T.( uc.-n:J> 1\.1(. \'RAW \ w~Uld tell h1m to take the board to arbitration , as required by the CCR's t-\ Q'\. G:.I.o Of'e.<lA-ro'l<-.. ~T~/t.tJ ~\~ CCIJ!l..\ At'H~\"i"RA"'itl~">/M E-1:1\~.,.-\){.C:, ('~~ .~\sN{tlG <?..qu~~I) A~f,lmltO..I ~ k~01'r11'1(1N,, i\1~'7' ~ \J\) \P\l i'.,E.It ot ·Ute assoc1at1on. On each occas1on Afierne would ret use to QO to of"'r\otJ_s

arbitration. Woods believes that Aherne refuses to go through the required ·~~pitration process because it would cost him approx. $10,000 to initiate the process. Woods also told me that she believes the board is very conscience of the proper legal process because one is a judge from rresno tb~nty, one is an Assistant District Attorney from San Diego C6unty and o'ne i. s a.n attorney .U-\~~ A~~ "\WC ~~ 1\.\C:::. A\'i"'l)R\.li!.YS '"\\.\A" ~'~Q,.~'iE.D ~~ F1CA~~UI..C."':!'C.~P.~ . . r.:tM G: tJ oM~...rr it-~..,...-n-~>$"1 uc;.E. i> -rl,) 1!-MiSC.'l.i.\..~ ~\Ou5A~Q> ~:> I= Oul..1..1'1'1<l> OV'i' or\(A~~~~o-v-J A\,:\~;o.Cl..IJC ~ JRA ~\Jf.Ti

:~7~-ods also told me that l\herne' .s due payments are now being made by his 4

ir(i.fe Kathleen. rrloods told me that Aherne's 1.'1 i fe is pa yi nq tl1e dues and riT~);.ing payments on their past overdue balance. Woods told me that Kathleen rld .s told her on past occasions that her husbancl is s uf fer i ng from d-exn~~ntia. Woods told me that she feel.s sorry for Aherne and feels that he ~ · .. , , 'QIS('IJ'i~ 1?CS<li..\Jnc~. Ru'"'- ~;:.1-J o~s '"S.'iltllt."'cD T.:,r;, i?(./.:\tJSI(.~I-\olc..l.. o~l(h..:;-b~ \\l

•

lleves that he lS r1ght. However unless he goes to arb1trat1on over h1s . t.JIJ"f a._~1'"\Jit...J $ l tv\ AN "'ru 1:\ \Nt\li:J'-J$.~\}•·l.\;. CI.1'-'-<;. 8QS':'-'i4-9- P+ '+ '"L · · .

~plalnts h~ lS not accomp11sh1ng anylhlng . Wo~ds told me that she th1nks 'i. i .s s i_ t u at ion i s sad and A he :c n e s t ill claims he i s the president of the

,;:;;ociation.

w6;~s then provided me with a copy of the CCR ' s to the association and the 0~;t current Balance Sheet for the association dated 10/16/12. Woods told r~6-that she would be available for any other questions that may come up. ~:·<·.: ...

);~Gconunenda tions :

to original report .

' ~ - :. ·. ~' '

: .... ; ;..:~ ,:

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RM~,~op1 v1.20 PRINTED 1011612012 3:38 03 PM BY C045 FOR OFFi r.IAI I'"" ( " II v

::o>.~t' IDf!!N'T' ~EPO . : Pismo Beach Police Department 1;;E6;u

1MBER

0(~, ... ~ ' '

;;~.:!wKicompliance with Article XI, of the Declaration, the foregoing Amendment was approved by "1 .tf.l~ affirmative vote in person or by proxy by 67% of the total voting power of the Association.

s document was signed by the President of the Association, Claudia Keith and notarized by Vickie . . ohnson dated June 09, 2010 (see attached).

t ; FJi:tfhis case has been forwarded to Detective Scott Smith of the Pismo Beach Police Department for >i'8ontact with B&W Property Management group (see supplemental report).

~·J. 1':• '' . ~,t~ ;

. ·l•·.>·-~;~iR:ecommendations: .. ·~·~"} .. •' r{ P:1;: ~

tf:~~~:pn completion of D~te?tive Scott Smith.'s report I .am requesting this case be forwarded to the San · ·< ~~Jrs Obrspo County Drstnct Attorney's Offrce for rev1ew.

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.:.:\fi~l\' · · 'i~ '> ~

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• .., , • ...,, • ,...,,,--u ... V\.l~ VI"!. I lf"\UC. 0 VI ::J

PRINTED 10/16/2012 3:38:02 PM BY: C045 lO