Comprehensive Briefing: Val Vista Lakes Community Association Election and Expenditure Disputes

Executive Summary

This briefing document synthesizes the ongoing legal and administrative disputes involving the Val Vista Lakes Community Association (the Association), Jeremy Whittaker, and CHDB Law. The conflict centers on two primary issues: the accountability for the 2023 Board of Directors election process and the alleged violation of the community's Master Declaration (CC&Rs) regarding the expenditure of association funds for "political" advocacy.

Evidence from internal emails and court transcripts indicates a significant disagreement over the interpretation of Article 9, Section 1 of the CC&Rs. The Association maintains that its efforts to advocate for a $25 dues increase were necessary to avoid financial insolvency and did not constitute "political" activity. Conversely, the petitioner, Jeremy Whittaker, argues that any ballot-based measure is inherently political and that the Board's use of approximately $4,500 for "Vote Yes" signage and mailers constitutes a mandatory violation of governing documents. Simultaneously, the Association has recently produced documents from 2023 that shift the responsibility for election form deficiencies to the previous Board of Directors and their management company, FSR.

Detailed Analysis of Key Themes

1. Responsibility for the 2023 Election Process

Recent correspondence from CHDB Law clarifies the Association's position regarding the 2023 election. For a period, the Association maintained it was not in possession of certain 2023 Candidate Forms. These documents, recently provided by FSR, reveal that:

• Board Oversight: The 2023 Board President, Sharon Maiden, appointed Christine Tucker to oversee the election.
• Approval Authority: The 2023 Board explicitly stated they would approve the 2023 Candidate Form and the election timeline.
• Legal Defensibility: CHDB Law asserts that any issues with the forms—specifically a lack of required disclosures—were the result of decisions made by the 2023 Board. The firm maintains it was only contracted to count votes at the annual meeting and was not involved in candidate certification.

2. The Semantic Interpretation of "Political Issue"

A central point of contention in the 2026 hearing is the definition of "political" as used in Article 9, Section 1 of the CC&Rs, which states the Association "shall not expend funds directly or indirectly to support, endorse or contribute to any political candidate or issue."

3. Expenditure for Advocacy and Signage

In 2024, the Board authorized a budget of up to $4,500 for mailers and signs to advocate for a $25 dues increase.

• Signage: The Association placed "Vote Yes" signs in common areas. Petitioner argues these were advocacy materials, not neutral informational notices.
• Email Distribution: Treasurer Diana Ebertshauser used the official Association distribution list to send mass emails urging a "yes" vote. The Petitioner contends this constitutes an "indirect expenditure" of funds, as the distribution list is a maintained Association asset.
• Financial Records: A dispute exists regarding the "general ledger" and "check register." The Association has withheld transaction-level data, asserting privilege, which has prevented the Petitioner from identifying the exact dollar amount spent on the advocacy campaign.

4. Financial Necessity vs. Procedural Compliance

The Association justifies its advocacy by citing "great financial distress" beginning in 2021. Legal counsel for the Association argued that without the $25 increase, the community faced threats of bankruptcy, receivership, or judicial relief. The Association maintains that communicating the "desperation" of the financial situation to members is essential "association business" rather than political advocacy.

Important Quotes with Context

On Election Accountability

"Therefore, any issues, including the lack of any disclosures, with the 2023 Candidate Form were a direct result of the approvals and decisions made by the 2023 Board of Directors."

— Josh Bolen, Esq. (March 4, 2025 email) Context: Bolen is addressing allegations that current legal counsel or the current Board mishandled the 2023 candidate certification, shifting the blame to the prior year's leadership.

On the Definition of "Political"

"If the issue excludes association votes, then the association could always spend dues to influence membership vote… simply by labeling it 'association business.' That reading makes the restriction meaningless."

— Jeremy Whittaker (Hearing Testimony, Jan 30, 2026) Context: Whittaker arguing that allowing the Board to spend money to influence its own elections or assessments creates a loophole that ignores the CC&Rs' mandatory "shall not" language.

"A simple Google search of the word political involves the government or the processes of the government. The association is not government."

— Josh Bolen, Esq. (Hearing Argument, Jan 30, 2026) Context: The Association's legal defense for spending money on "Vote Yes" signs, arguing that internal HOA matters do not meet the definition of "political."

On Quasi-Governmental Status

"My position is that the the association is quasi governmental… [it is] just like taxation, right? In the municipal government, the government is not allowed to advocate for an issue."

— Jeremy Whittaker (Hearing Testimony, Jan 30, 2026) Context: Whittaker responding to cross-examination regarding whether a non-profit corporation should have the same advocacy restrictions as a government entity.

Actionable Insights

Based on the provided context, the following observations represent key areas for resolution or further investigation:

• Transparency in Accounting: The dispute over "privileged" general ledgers suggests a need for a clear determination on whether transaction-level data regarding election spending is truly privileged. Resolving this would clarify the exact scale of the advocacy expenditure.
• Clarification of CC&R Language: The term "political issue" in Article 9 is currently being interpreted through "deference" by the Board. A formal adjudication or amendment to the CC&Rs may be necessary to define whether this includes internal ballot measures.
• Separation of Information and Advocacy: To avoid future litigation, the Association could adopt a "neutral informational" standard for ballot measures, providing facts and figures (e.g., town hall dates, budget requirements) without explicit "Vote Yes" or "Vote No" directives.
• Audit of Candidate Disclosures: Given that the 2023 candidate forms have now been recovered from FSR, a retrospective audit could confirm if any conflicts of interest were indeed withheld from the membership during that election cycle.
• Standardization of Distribution Lists: The use of the official distribution list by individual board members for advocacy is a point of legal friction. Establishing a policy that limits the use of these lists to neutral business notices would mitigate claims of "indirect expenditure" for advocacy.