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HOA NEWS | THE COLONY NEWS | DECEMBER 2021 | 7 Here is what happened at the hearing on Nov. 5 in the Golf Course litigation: The purpose of the hearing was (1) to review the status of the receiver to determine whether or not the receiver should continue to operate the golf course, and (2) to consider the receiver's application to the court for an order compelling the Huangs to contribute further capital to the golf course to fund the maintenance and repair of the golf course or in the alternative, for an order permitting the receiver to borrow money for the maintenance and repair of the golf course. Counsel for the Huangs argued that, because the golf course was not presently profitable, the receiver should be removed immediately and the golf course returned to the Huangs or that the court should immediately order the foreclosure of the golf course. Counsel for the Association argued that the court had the authority to order further capital contributions from the Huangs or to issue an order permitting the receiver to borrow money for the purpose of complying with the judgment. The court was informed that the Association was willing to lend up to $400,000 to the receiver if the court would approve the loan. Counsel for the Association also argued that returning the golf course to the Huangs would certainly result in the closure of the golf course and that ordering the foreclosure at this time, with the $3.4 million lien attached to the golf course, would also certainly result in the closure of the golf course. The court was made aware of the upcoming January 14 trial in the fraudulent trust deed case and that any action to foreclose on the golf course should be postponed until after a final judgment is entered in that case. The receiver told the court that the golf course is not viable unless he gets an immediate infusion of cash. Putting aside the fingers and slopes of the golf course, he needs approximately $300,000 to $400,000 to deal with the necessary repairs and maintenance to the golf course and to the bar and grill. The court asked what his most pressing need is and he told the court that he needs to lease new lawnmowers for the greens and fairways at a cost of approximately $2,600 per month. The court denied the request to remove the receiver finding that the receiver has been doing a good job of running the golf course under the difficult circumstances of being underfunded and starting during the pandemic lockdown. The court also denied the receiver's request to order the Huangs to contribute more capital to the golf course and the request to allow him to borrow money from a lender or the Association. The court did approve the receiver to lease the necessary equipment to maintain the greens and fairways. These orders were made "without prejudice" which means that the court could entertain these requests in the future and grant any one of them, if it finds good cause. The court set a new status conference for Jan. 28, 2022, to review further status on this case and to give the Association time to conclude the trial of the fraudulent trust deed case. GOLF COURSE UPDATE – NOV. 5 COURT HEARING going on in the neighborhood. Neighbors working together in cooperation with law enforcement make one of the best crime fighting teams around. Put that neighborhood know-how to work. It's simple: just use your eyes and ears - then your telephone. If you spot something suspicious, call the police immediately. VEHICLE SECURITY Protect your car against this type of crime by taking the following sensible precautions: Lock up: Lock up when you leave your car, including your trunk, and take the keys with you. Lock your car even if you are making a quick stop at the gas station, convenience store, or minimal. When you park the car, remove cellular phones, stereos and other valuable possessions. Do not leave gift-wrapped packages or cameras lying on the seat. Use Anti-Theft Devices: Consider an alarm device to activate a siren, horn, or lights, to frighten the thief away. For more information regarding safety and protection tips such as; Check, Credit Card & Refund Fraud, Crime Prevention Tips for Seniors, Home Security Hardware, etc., please visit the City of Murrieta's website at https://www.murrietaca.gov/645/ Home-Security.

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