FINANCIAL MISCONDUCT OF ASSOCIATION PRESIDENT RICHARD DOYLE
I can legitimately call Richard Doyle a thief and liar. Prior to Saturday, I was only comfortable publicly calling him a liar. Now I am comfortable calling him a liar and thief as I have evidence of both.
This page is under construction and involves the Association President Richard Doyle exceeding his authority in renewing the common area maintenance contract of his friend Henry Trost, and in approving other payments to Trost improperly over several years. The contract represents the largest expense of the association, as much as 75% of the annual budget depending on the year calculated, and the President cannot spend or approve more than 5% of the annual budget without Board approval.
This page and all its contents, links, attachments, references, statements, opinions and conclusions constitute a political broadcast by Homeowner X.
At some point in 2020, and apparently without meeting or making record of the act, Richard Doyle improperly renewed the Common Area Maintenance Contract with Henry Trost, resulting in costs to the Association substantially in excess of 5% of the total budget that the president is allowed to spend without Board approval. Other projects were also approved resulting in similarly improper payments to Trost as they individually and cumulatively exceed 5%.
The contract Doyle renewed is for common area maintenance and represented an agreement to spend an amount equalling 115.05% of the annual budget for 2020. He approved spending $80,700 ($26,900 per year for three (3) years); the 2020 budget was $70,140.73.
This is significant because it is improper. Doyle has clearly engaged in financial misconduct, made worse by the fact that Trost is his friend and possibly "bought" Doyle's vote by disposing of his personal trash, saving Doyle the monthly cost of disposal services for a number of years.
They are literally giving almost all of the money they take in every year to Henry Trost, who does an extremely poor job "maintaining" the common area.
A forensic audit would be appropriate regarding Association spending and the financial misconduct of Richard Doyle and David Chavez, Jr. No records have been provided by the Association regarding the contract's renewal despite multiple written requests.
Declaration § 3.8.2 (emphasis added)
3.8 Duties and Powers of the President
3.8.2 Notwithstanding anything in Section 3.8.1 to the contrary, the President shall not have the power to borrow any funds on behalf of the Association, make any expenditures on behalf of the Association which are, in the aggregate, more than 5% in excess of the total amount of the Association's annual budget for the year in which such expenditure are to be made, or increase the amount of or levy any Assessments (except as Special Assessment), without the prior approval of the Board.
The Rock House looked like this for two years despite the monies we pay annually for common area maintenance:
Cumulative Payments to Henry Trost 2017-2021
| Year | Cumulative Payments to Trost | Paid to Trost | Total Budget | Percent of Budget |
|---|---|---|---|---|
| 2017 | Cumulative Payments to Trost | $31,788.83 | $63,299.28 | 50.22% |
| 2018 | Cumulative Payments to Trost | $36,634.17 | $42,972.40 | 85.25% |
| 2019 | Cumulative Payments to Trost | $34,870.26 | $63,037.93 | 55.32% |
| 2020 | Cumulative Payments to Trost | $30,182.51 | $70,140.73 | 43.03% |
| 2021 | Cumulative Payments to Trost | $43,796.27 | $65,259.51 | 67.11% |
| 2022 | Cumulative Payments to Trost | $44,296.64 | $67,933.53 | 65.21% |
| 2017-2022 CUMULATIVE PAYMENTS TO TROST | $221,568.68 | $372,643.38 | 59.46% | |
Cumulative Payments to Henry Trost 2017
| Year | Annual Payments to Trost | Paid to Trost | Total Budget | Percent of Budget |
|---|---|---|---|---|
| 2017 | Common Area Maintenance Contract | $27,246.86 | 43.04% | |
| Common Area Repairs | $412.16 | 0.65% | ||
| Supplies and Parts | $3,201.64 | 5.06% | ||
| Equipment and Repair | $928.17 | 1.47% | ||
| 2017 CUMULATIVE PAYMENTS TO TROST | $31,788.83 | $63,299.28 | 50.22% | |
Cumulative Payments to Henry Trost 2018
| Year | Annual Payments to Trost | Paid to Trost | Total Budget | Percent of Budget |
|---|---|---|---|---|
| 2018 | Common Area Maintenance Contract | $28,043.92 | 65.26% | |
| Common Area Repairs | $0.00 | 0.00% | ||
| Supplies and Parts | $6,783.67 | 15.79% | ||
| Equipment, Rental and Repair | $1,806.58 | 4.20% | ||
| 2018 CUMULATIVE PAYMENTS TO TROST | $36,634.17 | $42,972.40 | 85.25% | |
Cumulative Payments to Henry Trost 2019
| Year | Annual Payments to Trost | Paid to Trost | Total Budget | Percent of Budget |
|---|---|---|---|---|
| 2019 | Common Area Maintenance Contract | $26,899.92 | 42.67% | |
| Common Area Repairs | $3,856.42 | 6.12% | ||
| Supplies and Parts | $3,208.22 | 5.09% | ||
| Equipment, Rental and Repair | $905.70 | 4.20% | ||
| 2019 CUMULATIVE PAYMENTS TO TROST | $34,870.26 | $63,037.93 | 55.32% | |
Cumulative Payments to Henry Trost 2020
| Year | Annual Payments to Trost | Paid to Trost | Total Budget | Percent of Budget |
|---|---|---|---|---|
| 2020 | Common Area Maintenance Contract | $26,900.00 | 38.35% | |
| Common Area Repairs | $80.67 | 0.12% | ||
| Supplies and Parts | $2,599.92 | 3.71% | ||
| Equipment | $601.92 | 0.86% | ||
| 2020 CUMULATIVE PAYMENTS TO TROST | $30,182.51 | $70,140.73 | 43.03% | |
Cumulative Payments to Henry Trost 2021
| Year | Annual Payments to Trost | Paid to Trost | Total Budget | Percent of Budget |
|---|---|---|---|---|
| 2021 | Common Area Maintenance Contract | $26,900.00 | 41.22% | |
| Common Area Repairs | $13,873.73 | 21.26% | ||
| Supplies and Parts | $2,211.56 | 3.39% | ||
| Equipment and Repair, Street Repair | $810.98 | 1.24% | ||
| 2021 CUMULATIVE PAYMENTS TO TROST | $43,796.27 | $65,259.51 | 67.11% | |
Cumulative Payments to Henry Trost 2022
| Year | Annual Payments to Trost | Paid to Trost | Total Budget | Percent of Budget |
|---|---|---|---|---|
| 2022 | Common Area Maintenance Contract | $26,900.00 | 39.60% | |
| Common Area Repairs | $9,837.82 | 14.48% | ||
| Supplies and Parts | $2,715.65 | 4.00% | ||
| Equipment and Repair, Street Repair | $4,843.17 | 7.13% | ||
| 2022 CUMULATIVE PAYMENTS TO TROST | $44,296.64 | $67,933.53 | 65.21% | |
Contract Payments to Trost
| Year | Annual Payments to Trost | Paid to Trost | Total Budget | Percent of Budget |
|---|---|---|---|---|
| 2017 | Common Area Maintenance Contract | $27,246.86 | $63,299.28 | 43.04% |
| 2018 | Common Area Maintenance Contract | $28,043.92 | $42,972.40 | 65.26% |
| 2019 | Common Area Maintenance Contract | $26,899.92 | $63,037.93 | 42.67% |
| 2020 | Common Area Maintenance Contract | $26,900.00 | $70,140.73 | 38.35% |
| 2021 | Common Area Maintenance Contract | $26,900.00 | $65,259.51 | 41.22% |
| 2022 | Common Area Maintenance Contract | $26,900.00 | $67,933.53 | 39.60% |
| TOTAL | $162,890.70 | $372,643.38 | 43.71% | |
Other payments to Trost in addition to the contract is vaguely referred to as Phase 1 Irrigation for $13,873.73 (21.26% of the 2021 annual budget of $65,259.51); Phase 2 Irrigation for $9,837.82 (14.48% of the 2022 annual budget of $65,259.51)
Common Area Repair Payments to Trost
| Year | Common Area Repairs | Paid to Trost | Total Budget | Percent of Budget |
|---|---|---|---|---|
| 2017 | Common Area Repairs | $412.16 | $63,299.28 | 0.65% |
| 2018 | Common Area Repairs | $0.00 | $42,972.40 | 0.00% |
| 2019 | Common Area Repairs | $3,856.42 | $63,037.93 | 6.12% |
| 2020 | Common Area Repairs | $80.67 | $70,140.73 | 0.12% |
| 2021 | Common Area Repairs | $13,873.73 | $65,259.51 | 21.26% |
| 2022 | Common Area Repairs | $9,837.82 | $67,933.53 | 14.48% |
| TOTAL | $28,060.80 | $372,643.38 | 7.53% | |
Cumulatively these expenditures are in excess of 200% of the "Association's annual budget for the year in which such expenditure are to be made" as calculated according to the facts on hand and the specific wording of Declaration § 3.8.2.
To make matters worse, Trost is allowed to bill the Association additional amounts that cumulatively exceed the amount that can be spent without Board approval:
Additional Payments to Trost
| Year | Billing in Addition to Contract | Paid to Trost | Total Budget | Percent of Budget |
|---|---|---|---|---|
| 2017 | Supplies and Parts | $3,201.64 | $63,299.28 | 5.06% |
| 2018 | Supplies and Parts | $6,783.67 | $42,972.40 | 15.79% |
| 2019 | Supplies and Parts | $3,208.22 | $63,037.93 | 5.09% |
| 2020 | Supplies and Parts | $2,599.92 | $70,140.73 | 3.71% |
| 2021 | Supplies and Parts | $2,211.56 | $65,259.51 | 3.39% |
| 2022 | Supplies and Parts | $2,715.65 | $67,933.53 | 4.00% |
| TOTAL | $20,720.66 | $372,643.38 | 5.56% | |
Additional Miscellaneous Payments to Trost
| Year | Billing in Addition to Contract | Paid to Trost | Total Budget | Percent of Budget |
|---|---|---|---|---|
| 2017 | Equipment and Repair | $928.17 | $63,299.28 | 1.47% |
| 2018 | Equipment, Rental and Repair | $1,806.58 | $42,972.40 | 4.20% |
| 2019 | Equipment, Rental and Repair | $905.70 | $63,037.93 | 1.44% |
| 2020 | Equipment | $601.92 | $70,140.73 | 0.86% |
| 2021 | Equipment and Repair, Street Repair | $810.98 | $65,259.51 | 1.24% |
| 2022 | Equipment and Repair | $4,843.17 | $67,933.53 | 7.13% |
| TOTAL | $9,896.52 | $372,643.38 | 2.66% | |