A Deceptive Letter from Gilbert Stoltz
Subject: Violations Against SDS. A Letter from Gilbert Stoltz
Here is a PDF version of Gilbert Stoltz's letter for your review. If you are using an iOS device, such as an iPhone or iPad, you can click the image to the left or use the download link to open the PDF directly.
Download Subject: Violations Against SDS. A Letter from Gilbert Stoltz
In a letter dated 1 March 2025 and sent to Sierra Del Sol Homeowners’ Association (SDS HOA) members, Gilbert Stoltz, former president of the SDS HOA, makes a number of claims regarding recent events, including board actions, the annual meeting, and property management. Many of these claims are inaccurate, misleading, or unsupported by evidence. The purpose of this communication is to provide SDS HOA members with accurate information, supported by facts, to ensure transparency and foster a clear understanding of these events.
Claim 1: Alleged Improper Purpose of the 6 February 2025 Meeting
In his letter dated 1 March 2025, Gilbert Stoltz claims:
"On 6 Feb 2025 a meeting attended by Gil Rodriguez Stoltz, President, Gina Rodriguez-Gomez Vice-President running for re-election, Jennifer Rowden Treasurer running for reelection, Maria Lizeth Villasenor Assistant Secretary and Oscar Rico, assistant property manager intended to finalize the 2025 budget turned into a meeting to remove Gil Stoltz as a Director on the SDS Board of Directors. The motion was made by the Treasurer Jennifer Rowden and agreed to by Gina Rodriguez-Gomez and Maria Lizeth Villasenor. This futile attempt is against the SDS By-Laws which states 'Directors may be removed with or without cause by a majority of owners'. Thus, clearly Directors cannot remove another Director from a Director position. (See page 6 paragraph 7 of the SDS By-Laws 'Removal of Directors')"
Refutation 1: False Characterization of the 6 February 2025 Meeting and Its Result
Mr. Stoltz’s characterization of the 6 February 2025 meeting and its result is false. The board’s action was to remove Mr. Stoltz as president, an officer position, not as a director, and was lawful under the SDS HOA bylaws.
The Meeting’s Purpose and Actions: The 6 February 2025 meeting was a board meeting to address multiple matters, including the budget. During the meeting, a motion was made to remove Mr. Stoltz as president, not as a director, and did not affect his director status.
Legal Basis for Removal as President: The removal complied with Article VI, § 3 of the bylaws, which states:
"Upon an affirmative vote of a majority of the members of the Board, any officer may be removed, either with or without cause, and his successor elected at any regular meeting of the Board, or at any special meeting of the Board called for such purpose."
The motion was made by Treasurer Jennifer Rowden, seconded by Vice-President Gina Rodriguez-Gomez, and approved by a majority vote, including Assistant Secretary Maria Lizeth Villasenor.
Misrepresentation of Director Removal: Mr. Stoltz falsely claims the board tried to remove him as a director, citing the bylaw requiring a homeowner vote for director removal. This provision is irrelevant, as the board’s action was limited to his officer role under Article VI, § 3, not his director role.
Claim 2: Alleged Role of Hector Phillips at the 11 February 2025 Meeting
In his letter dated 1 March 2025, Gilbert Stoltz claims:
Knowing this would be a major issue at the 11 Feb 2025 Annual Meeting, the SDS lawyer Mr. Hector Phillips was present to clarify and explain to approximately 30 Homeowners the removal process. Mr. Phillips stated several times that Gil Stoltz remains as a Director and President on the SDS Board of Directors.
Refutation 2: False Claim Regarding Hector Phillips’ Purpose and Conflict of Interest at the 11 February 2025 Meeting
Mr. Stoltz’s claim about Hector Phillips’ purpose and statements at the 11 February 2025 meeting is false and misleading. Mr. Phillips’ representation as the SDS HOA attorney was specious, as he was working for Mr. Stoltz and Sheldon Wheeler, owner of DANA Properties, which managed SDS HOA at the time, creating a conflict of interest. His role at the meeting was likely not to provide impartial legal advice but to improperly support Mr. Stoltz’s claim to the presidency.
Phillips’ Specious Role as SDS HOA Attorney: Mr. Phillips was not acting as an impartial attorney for the SDS HOA. Instead, he was working for Mr. Stoltz and Sheldon Wheeler, owner of DANA Properties, which managed SDS HOA at the time. This conflict of interest undermined his ability to provide unbiased legal advice to the board and homeowners, calling into question his legitimacy as the SDS HOA attorney during this period.
Phillips’ Actions at the Meeting: Contrary to Mr. Stoltz’s claim, Mr. Phillips did not attend the meeting to "clarify and explain" the removal process in a neutral manner. His actions were an apparent attempt to convince homeowners that Mr. Stoltz remained president, despite the board’s lawful removal of Mr. Stoltz as president on 6 February 2025, in accordance with Article VI, § 3 of the bylaws, which allows the board to remove an officer by majority vote.
Misrepresentation of Phillips’ Statements: Mr. Stoltz falsely claims that Mr. Phillips stated "several times" that Mr. Stoltz remains president and director. In fact, Mr. Phillips’ statements were biased and unsupported by the bylaws, as they ignored the board’s prior action to remove Mr. Stoltz as president.
Claim 3: Alleged Statement by Hector Phillips on DANA Properties’ Status at the 11 February 2025 Meeting
In his letter dated 1 March 2025, Gilbert Stoltz claims:
"Mr. Phillips also stated that DANA Properties continues to be the official Property Manager."
Refutation 3: False Claim Regarding Hector Phillips’ Statements on DANA Properties
Mr. Stoltz’s claim that Hector Phillips addressed the status of DANA Properties as the SDS HOA property manager during the 11 February 2025 meeting is completely false.
No Discussion of DANA Properties: The issue of DANA Properties’ status as property manager was not discussed at the 11 February 2025 annual meeting. The meeting focused on other matters, such as the removal process for officers and directors and the election of new directors, as documented in the meeting minutes, which are available to homeowners upon request.
Falsity of Phillips’ Alleged Statement: Mr. Stoltz’s assertion that Mr. Phillips stated DANA Properties continues to be the official property manager is baseless, as no such statement was made during the meeting. This claim appears to be an attempt to mislead homeowners about the management of SDS HOA.
Claim 4: Alleged Official Meeting Scheduled for 18 March 2025
In his letter dated 1 March 2025, Gilbert Stoltz claims:
"A MEETING IS NOW SCHEDULED FOR 18 MARCH 2025 AT 6PM AT THE WESTSIDE REGIONAL COMMAND POLICE DEPARTMENT COMMUNITY CENTER LOCATED AT 4801 OSBORNE DR EL PASO TX 79922 TO CONDUCT THE 2025 SDS ELECTION. SHOULD YOU RECEIVE NOTICE OF ANOTHER ANNUAL MEETING, PLEASE DISREGARD THAT NOTICE SINCE THE 18 MARCH 2025 IS THE ONLY OFFICIAL MEETING."
Refutation 4: False Claim of an Official Meeting Scheduled for 18 March 2025
Mr. Stoltz’s claim that an official meeting is scheduled for 18 March 2025 is false. Mr. Stoltz, as a former president, has no authority to call meetings, and the meeting he references does not comply with SDS HOA bylaws.
Stoltz’s Lack of Authority: Mr. Stoltz was removed as president of the SDS HOA on 6 February 2025, in accordance with Article VI, § 3 of the bylaws, and therefore has no authority to call or schedule meetings on behalf of the association. Only the current president, as directed by the board, has such authority.
Bylaw Requirements for Special Meetings: Article III, § 4 of the SDS HOA bylaws states: "It shall be the duty of the President to call a special meeting of the Owners as directed by resolution of the Board of Directors or upon a petition signed by a majority of Owners and having been presented to the Secretary or Assistant Secretary of the Association." No board resolution or valid homeowner petition has been received to authorize the 18 March 2025 meeting of Stoltz, rendering it unofficial and invalid.
Bylaw Requirements for Meeting Notices: Article III, § 5 of the bylaws states: "It shall be the duty of the Secretary or Assistant Secretary of the Association to mail a notice of each annual or special meeting, stating the purpose thereof as well as the time and place it is to be held, to each Owner of record... at least ten days, but not more than thirty days prior to such meeting." No such notice has been issued by the secretary or assistant secretary for the 18 March 2025 meeting of Stoltz, further confirming its lack of legitimacy.
Official Meetings: Homeowners should disregard Mr. Stoltz’s claim and attend only meetings officially called and noticed by the SDS HOA board in accordance with the bylaws. Information on official meetings will be provided through proper channels by the current board.
Claim 5: Alleged Support from Three Attorneys
In his letter dated 1 March 2025, Gilbert Stoltz claims:
"Three lawyers have reviewed these actions and conclude Gil Rodriguez Stoltz remains as a Director and President of SDS and that DANA Properties remains the SDS Property Manager."
Refutation 5: False Claim of Support from Three Attorneys
Mr. Stoltz’s claim that three attorneys support his position is misleading and lacks credibility, as it fails to provide names or specific evidence of their alleged conclusions. The attorneys he likely references—Hector Phillips, Robert Skipworth, and David Pierce—have significant conflicts of interest or have misrepresented their roles, undermining their legitimacy in this matter.
Hector Phillips’ Conflicted Role: Mr. Phillips’ representation as SDS HOA attorney is specious, as he was working for Mr. Stoltz and Sheldon Wheeler, owner of DANA Properties, which managed SDS HOA at the time, creating a conflict of interest. Furthermore, in at least one instance, Mr. Phillips has either failed to represent the interests of SDS HOA or has been negligent in his duties, as evidenced by his involvement in creating SDS Rental Properties LLC for Stoltz, among other things.
Robert Skipworth’s False Claim of Representation: Mr. Skipworth falsely claimed to represent SDS HOA in a letter, a misrepresentation that was addressed during the 11 February 2025 annual meeting. The SDS HOA board, Stoltz and Wheeler clarified that Mr. Skipworth does not represent the association, and his involvement appears to be aligned with the interests of Mr. Stoltz and DANA Properties, not the HOA.
David Pierce’s Potential Conflict of Interest: While Mr. Pierce’s specific actions are not documented in this communication, there is reason to believe he has been working behind the scenes with DANA Properties for years, potentially in efforts against the current SDS HOA manager. This raises serious questions about his impartiality and involvement in supporting Mr. Stoltz’s claims.
Lack of Credible Support: Mr. Stoltz’s failure to name the attorneys or provide their specific legal opinions undermines his claim.
Claim 6: Alleged Significance of Robert Skipworth’s Signature on the Letter
In his letter dated 1 March 2025, Gilbert Stoltz includes a signature from Robert Skipworth, attorney at law, implying that this signature lends legal weight or significance to the claims made in the letter.
Refutation 6: False Implication of Significance of Robert Skipworth’s Signature
The inclusion of Robert Skipworth’s signature on Mr. Stoltz’s letter is irrelevant and carries no legal weight with respect to SDS HOA matters.
Skipworth’s Lack of Authority: Mr. Skipworth does not represent SDS HOA and has no authority to act on behalf of the association. His false claim of representation was addressed during the 11 February 2025 annual meeting, where the SDS HOA board clarified that Mr. Skipworth is not the association’s legal counsel.
Irrelevance of Signature: The presence of Mr. Skipworth’s signature does not validate or lend credibility to the claims in Mr. Stoltz’s letter. It appears to be an attempt to mislead homeowners into believing that the letter has official legal support, which it does not. The SDS HOA board relies on independent legal advice from duly appointed counsel, not Mr. Skipworth.