Insurance following up
Date: April 18, 2026
Elisa Garibay
LCPOA Manager, agent representing
Powerstone Property Management Company
Re: Formal Member Grievance and Request for Immediate Correction of Three Official LCPOA Communications Omitting Reference to the Reading Aloud of the Insurance Attorney Letter (March 5, 2026 Board Meeting)
Dear Ms. Garibay,
Please include this letter in the official LCPOA Board Correspondence file and distribute it immediately to the La Cresta Property Owners Association (LCPOA) Board of Directors.
As a homeowner and member in good standing of the LCPOA, I am submitting this formal notice of grievance regarding the apparent omission of a significant event from three official communications sent by Powerstone Property Management Elisa Garibay to the entire LCPOA membership.
During the open session of the LCPOA Board meeting held on March 5, 2026 (or as documented in the relevant records), Vice President David Boyd read aloud, verbatim and in its entirety, a letter from the Association’s insurance attorney. This letter was prepared specifically to provide the membership with a litigation update concerning a recent motion filed by the LCPOA in the pending Riverside County Superior Court case of Gene P. This Insurance Attorney letter read aloud was obtained by LCPOA Vice President in reaction to a social media post David Boyd alleged had been published on Nextdoor by LCPOA member Steve Brown.
Despite this public reading aloud, during open session, the following three official LCPOA notices and records sent to the entire membership conspicuously omit any reference to the significant event of the reading aloud of this letter:
1. The President’s 60-Second Wrap-Up dated March 5, 2026, which fails to mention the reading aloud of the LCPOA Insurance Attorney Letter to members in attendance.
2. The official record of the March 5 2026 LCPOA Open Session Board Meeting Minutes, published & posted by Powerstone Management in which the reading aloud of the Insurance Attorney Letter is not mentioned.
3. The Litigation Committee Summary also emailed March 17, 2026 to the entire membership, by Powerstone which also omits specific reference to the reading aloud to the members in attendance the Insurance Attorney Letter written for the membership. This has no attorney client privilege.
Under the Davis-Stirling Common Interest Development Act, particularly Civil Code § 4950, minutes (or summaries) of open board meetings must be made available to members and should accurately reflect the proceedings of the meeting. Powerstone Property Management, as the contracted management agent for the LCPOA, is responsible for the accuracy and integrity of all official Association records and correspondence distributed to the membership.
I respectfully request that Powerstone Property Management, under your direction as General Manager, take the following immediate actions:
• Amend and correct the three identified documents (President’s 60-Second Wrap-Up dated March 5, 2026; March 2026 OS Board Meeting Minutes; and the Litigation Committee Summary) to accurately reflect the significant event that an Insurance Attorney Letter written to the membership was read aloud, verbatim, to the members in attendance and on Zoom during the March 2026 Open Session Board meeting.
• Distribute the corrected versions of these three communications to the entire LCPOA membership as soon as possible, along with a brief explanatory note regarding the correction.
• Confirm in writing to me, within ten (10) business days of receipt of this grievance, the steps being taken to address this matter and the anticipated timeline for completion.
Accurate and complete records are essential to transparency and good governance. I trust that Powerstone Property Management will promptly fulfill its contractual and fiduciary responsibilities to the Association by ensuring the accuracy of these three official member communications. The Insurance Attorney letter that was read aloud to members in attendance by VP David Boyd must be obtained and included in the LCPOA official record as a significant part of the Litigation Committee Report given to membership March 5, 2025.
Thank you for your immediate attention to this grievance. I am available to discuss this matter and remain committed to the best interests of the LCPOA community.
Sincerely,
Mdm Auger :)
Information Update: Summary of Court Ruling – Prokhorenko v. La Cresta
Dear La Cresta Property Owners,
At the Board of Directors meeting held on March 5, 2026, a summary and explanation of the Court’s ruling related to the ongoing Prokhorenko v. La Cresta litigation was presented with the approval of defense counsel. Below is the Litigation Committee’s summary and explanation of the Court’s ruling.
I. EXECUTIVE SUMMARY
On February 20, 2026, the Riverside County Superior Court issued its ruling on the POA’s Motion for Summary Adjudication as to Plaintiff Eugene Prokhorenko’s claim against the POA for violation of the Open Meetings Act, Civil Code section 4925. The POA’s motion sought summary adjudication as to the Open Meetings Act only.
The Court definitively ruled in favor of the POA. Specifically, the Court determined that Mr. Prokhorenko’s Open Meeting Act claim, as pleaded, does not state a legally valid cause of action under California law.
A true and correct copy of the Court’s Minute Order is attached for the membership’s review.
II. BACKGROUND OF PLAINTIFF’S ALLEGATIONS
Mr. Prokhorenko alleged that the POA violated the Open Meetings Act by failing to discipline a third-party homeowner whom he claims struck him at an unofficial community event. According to the Complaint, Mr. Prokhorenko was intimidated by that homeowner and the POA’s alleged failure to punish that individual created a “hostile meeting environment” that “chilled” his willingness to attend or participate in future Association board meetings, despite his continued virtual attendance at such meetings.
III. EXPLANATION OF THE COURT’S RULING
After reviewing the parties’ submissions and hearing argument, the Court GRANTED the POA’s Motion in its entirety and found that the Complaint as pleaded, does not state a legally valid cause of action under the Open Meetings Act. The Court concluded in its Minute Order:
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The Open Meetings Act does not require an association to control or discipline the conduct of other members.
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The Open Meetings Act did not impose a duty on the POA to prevent what Mr. Prokhorenko characterized as a “hostile environment.”
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Mr. Prokhorenko’s interpretation of the statute would require the Court to add requirements to the statute that do not exist.
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Mr. Prokhorenko failed to provide legal authority to support his position.
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Even crediting each and every allegation as true, based on the language in the statute, the conduct at issue is not a violation of Civil Code section 4925.
There has been some online discussion suggesting that the POA lost the motion. These sentiments are plainly incorrect. The Court ruled fully in favor of the POA on the only legal issue presented. The Court’s final Minute Order on the matter is unambiguous in its findings. The POA continues to categorically deny liability as to any claim by Mr. Prokhorenko and intends to challenge any amended pleading in turn.
For members who wish to review the Court’s Minute Order referenced above, it is available at the following link: Minute Order re MSA 2026.2.20 (1).pdf
Sincerely,
LCPOA Litigation Committee
La Cresta Property Owners Association
Hello Katee,
Please provide the Gene P. litigation update letter written by your firm that was addressed to LCPOA Membership. This letter must be read aloud at the Open Session Board Meeting to the entire LCPOA Membership. The letter must be shared with all members of the association and attached to the Litigation Committee Report. The letter was read aloud to members in attendance at the Open Session Meeting on March 5, 2026.
Thank you.
On May 7, 2026, at 12:12 PM, MDM Auger <lorenestaf@aol.com> wrote:
Dear David Molinari Esquire, Attorney Retained for the La Cresta Property Owners Association by Philadelphia Insurance,
This correspondence is from a member in good standing and association Board Candidate, MDM Auger. I am writing to you to seek relief and assistance in providing the letter that was allegedly written by you or another member of your firm and read aloud to the membership of the La Cresta Property Owners Association during the Open Session Board Meeting held on March 5, 2026.
It is important to note that not all members of our association were present at the meeting. The letter was never attached to the Litigation Committee Report, provided to the LCPOA Membership not in attendance, or recorded in the Official Minutes or the 60-second wrap-up by President Roy Paulson.
The official member correspondence of the La Cresta Property Owners Association is being deliberately concealed by the Board using Powerstone Management, which now appears suspect and complicit in this ongoing concealment giving rise to mistrust.
It is my understanding that your firm and our association attorney drafted a letter to be read to the entire membership during the Open Session Meeting on March 5, 2026, by Vice President David Boyd.
LCPOA Members are demanding a copy of your correspondence because some members were not present at the meeting and did not hear the letter a litigation update directly from the association insurance attorney.
For your information, numerous members have been experiencing persistent challenges in adhering to the fundamental transparency and disclosure requirements of the Board. The Minutes of our meeting, the Litigation Committee Reports to the Membership, and the Presidents’ 60-second wrap-up all fail to disclose your crucial letter to the members who were not present at the Open Session Board meeting held on March 5, 2026.
Your release of the letter that you drafted and provided to David Boyd for reading to the entire membership will be instrumental in restoring the ongoing “trust issues” that many members have with this Board majority. Please assist in restoring trust by releasing a copy of the letter that you had written to the LCPOA Membership, which was read aloud, without any redaction, by Executive Officer Vice President David Boyd at the March 5, 2026 Open Session Board Meeting. Your actions will contribute to the restoration of the values of transparency and disclosure.
Thank you,
Mdm Auger
LCPOA Member in Good Standing
2026 Board Candidate