Delegate Assembly Chair’s Selected Transcript Letter and Initial Response:

SUN LAKES COUNTRY CLUB

Delegate Assembly Meeting — October 29, 2026

Selected Transcript: Katz and Burkel, Recall Materials, and Ethics

Edited excerpt: timestamps, unrelated discussion, and non-transcript webpage material have been omitted. The remaining text follows the original sequence and retains the source transcription wording, including apparent speech-to-text errors. Headings are editorial. Statements and allegations are attributed to meeting participants and are not independently verified.

Delegate Assembly Chair’s letter and initial response:

So,

Dear members of the master board and HOA management,

I am writing in the capacity of chair of the delegate assembly to formally bring to your attention a matter of serious concern involving the conduct of a sitting board member. It has come to my attention that master board member Howard Katz was captured on video removing recall related formational materials from a table in the master clubhouse lo in the main clubhouse lobby.

The removal and disposal of these materials by a sitting board member raises serious questions regarding fairness, transparency, and the integrity of the election and recall process. Regardless of an individual's position on a recall, residents should have the opportunity to receive and review information made available through established community channels without improper interference. California Civil Code 4515B5 protects the rights of the association members and residents to distribute and circulate information concerning association elections and recall processes at reasonable times in a reasonable manner and without prior permission.

Given that these materials were placed on a table specifically designated for the election related information, their removal raises legitimate concerns regarding the protection afforded under this statute.

In addition, the Davis Sterling website guidance concerning the censure of HOA board um board directors identifies interference with association operation and breaches of fidiciary fiduciary response duties as conduct that may have warrant formal board review and appropriate action. That guidance also describes procedures for investigating alleged misconduct and considering appropriate responses, including formal censure, where warranted.

In light of these governance principles, I respectfully request that the master board with assistance from the HOA management and legal counsel as appropriate conduct a fair and impartial review of this incident and determine whether the conduct in question warrants corrective action. I further request that the board's written response address the findings of its review and any action taken or proposed to the extent disclosed is appropriate.

Members of the master board are entrusted with responsibilities that require good faith, sound judgment, respect for the rights and interests of all residents. Conduct that could be reasonably perceived as interfering with the distribution of election related information warrants careful review and appropriate response.

Given the importance of the video evidence, I specifically request that the HOA management take immediate steps to preserve all relevant footage in its original form, including any recording show the removal of the

materials and ensure that such recordings are not deleted, altered, or automatically overwritten.

I request written confirmation from the HOA management within 48 hours of receipt of this correspondent that the relevant video footage has been secured and preserved. It has. In the interest of fairness and transparency, I believe it is important to afford the master board and HOA management an opportunity to review and address this matter before it is presented to the delegate assembly.

I respectfully request a substantive written response within 10 calendar days of receipt of this correspondence. The response should address the circumstances surrounding the incident, the board's consideration of the

applicable leg legal and governing document provisions, and any action the board determines appropriate. Should no substantiate written response be received within that time, I intend in my capacity as chair of the delegate assembly and consistent with the governing procedures to bring this matter before the delegates for discussion and consideration.

My purpose for raising this issue is not to prejudice any individual or the outcome of the review, but rather to

ensure that matters affecting resident’s access to information, the integrity of the election process, and the confidence in our community's governance are addressed openly, responsibly, and in a timely manner. I trust the master board and the hom management recognize the importance of this matter and will give it serious consideration and timely response it deserves.

Sincerely, Gail Bilek, District Delegate Chair.

This we did wait until after the recall, but we have another election in April, 2027 and our integrity that we've been really working hard to bring around is in question here. So, I did not hear from the board representative, our board president at all on this. Um, I don't know if legal was brought into this because I've heard nothing other than from one the master board member who admitted that he did it to me. He admitted to me that he did do it. So,

I am bringing it to you um because now it's our turn. How do we as a Delegate Assembly who oversees the judiciary responsibilities of our board? How do we want to handle this?

And I'm going to leave it open for discussion. The ethics committee will take notes so that we have a set of notes on what do we want to do anything at all? Yes or no? And if we do, what are some consequences we believe as a delegate assembly should be handled through the board?

And Carly, would you like to add anything to that?

I wasn't prepared for this. Um yesterday we did bring it up in our board meeting and um we are going to

after much discussion we are going to have a hearing with Mr. Katz. I really think that's all I can share.

But I do agree that what he did was wrong because um as a board member he has uh you know responsibility and yes he admitted to it and he picked up the literature and he threw it away in the trash can and then he told us after the fact after it was brought up to his attention that this was done. So that's all I can say. Thank you. No, thank you.

Okay. All right. We are going to open it up.

Um Oh, yes. Just so you know, Mr. Katz did go to Mr. Burkel and asked him what to do with the materials and they agreed it could just go in the garbage. So, he was a part of that as well. So, Okay. Anyone with comments?

Ethics standards and proposed consequences

Wait a minute. I've got David has this handy definition here.

Basically, censure is like a a uh public reprimand.

Uh that's pretty well it. Uh nothing else happens. It's just a public rep reprimand uh in front of everybody.

But in in a century it is laid out whereas they did this whereas they did this whereas they did this whereas they

did this therefore it be resolved. This is what's happening and a vote's taken on that.

Charlie London, my question is, did Howard sign a code of ethics memo stating that he would follow the code of ethics in his position?

Yes, he did.

Then I think uh it's serious enough to consider a removal. I wouldn't want to trust a a board member that would ask and throw something like that and knowing willingly that he did that. And I'm not so sure about the president condoning that action or allowing it to happen. and they're not making a corrective action at that time. Okay. Thank you.

Chelsea: Um on behalf of management um and FSR for Sun lakes Country Club, any election

items that are tampered with will be brought to the board. Um and there will be consequences for that.

Um yeah, we don't have um we can't discuss what was was talked about in executive session. However, um those items will be addressed by management. There's just been a lot of things going on right now.

Delegate discussion of Katz and Burkel’s conduct from the master board.

It's like going to I'm going to steal your thunder, pull. It's like going to the bank,

returning the money, and expect nothing to happen to you after you've already robbed it. So, this

is the same thing, you know, he went he took removed the papers, but then he went to his to the president and said, "Oh, I did this. What happened?" You know, what should I be doing? And that's wrong. And he should be held accountable. And every resident should want him to be held accountable.

Jane, go ahead. Uh Jean Dobson, District 10. again.

Um, I know I know his actions are very serious and not to be forgotten and we probably all want different sorts of punishment, if you will. But I would like us to remember, and I'm don't think I'm belittling this at all, but I think we need to make sure that we make sure that the punishment fits the crime. So, and and I don't know what that is, but just while we're thinking and talking about this, let's think about that aspect of this horrible, horrible situation. Here we go again.

Janis Rice, I've been a delegate for four years and or an alternate and regular delegate for four years now, almost five. And I've known Howard throughout that time. He was kind of a parliamentarian at one time, wanted to be very badly. He knows and quotes Robert's rules of order on a regular basis. And he should have known that this was not an ethical thing to do nor a right thing to do. And the crime is removing campaign information from a table that is set up. And I think what really bothers me the most is he didn't pay for

that information. It was paid for by the person that was campaigning. And so it was a loss of money too, which might be minimal, might be more. It might not matter. But still his background is to know that this is unethical.

Paul Beakes, so I was unaware of Gary's participation in this. I believe Gary is just as at fault as uh Howard.

Um, they both made a snap decision, which should not happen with a board member. There was no research on their part. They could have picked up some of the literature, walked into Chris's office, didn't do that, didn't ask anybody, is this legal or legit to have this information on the table. No, they took it upon themselves without doing any research. There should be zero tolerance regarding election interference in this community.

Charlie, well, I'm not done yet. Oh, sorry, Paul. Um, Howard and Gary violated their signed ethics agreement.

That's serious business. Howard and Gary should resign from the board or be removed.

Charlie, in my understanding previously the board wrote a letter to an individual a resident here about the same thing about removing information from the table and taking it away. Also video came and it again they had previous knowledge and to turn around and do it again is is uncalled for. I mean they signed the code of ethics. They know what they were doing. They're both been on the board for Well, Howard hasn't, but Gary should know better. He should be held accountable also. I think they both should be removed or resigned. Thank you.

Gayle: Please know that any um action is only a recommendation to the board. Okay? Any action we come up with is a recommendation to the board. Okay. So that you're aware of it. We we can't tell the board what to do, but we can make a recommendation to the board. So your job really is what kind of recommendation do we need to make to the board? Okay. Kim.

Possible corrective action and recusal

the limitation of what our recommendation could be

as far as what we really Oops, wasn't just me. Good. Um, as what we can we can suggest. Is that what you're asking? What what ours? Yes. Yes.

Um, I think we can ask them to There's a few things that could happen.

And Jean, that's a good point. We could ask that when the board takes action that Gary and Howard have to recuse themselves because they're both being accused. If that's the action that the delegate assembly must take. Then number two would be we can ask that they be removed, but the board doesn't have to do it. we can ask that they um be given a censure in front of everyone. My one of the concerns I had when I first wrote this was it wasn't really more about the recall.

It's about what we have coming up ahead of us. We have an April election. I don't want to see this kind of behavior continuing in our community. I want to see us get back on the right track and respect each other. And we're not doing that when we're taking materials off the table. None of us should for any reason.

So, but yeah, as far as that, we can we can make suggestions. Um, but that's all they are.

Okay. Linda, Linda Myers Cow, District 17. This isn't about this exact

thing, but how do these videos get shown to people?

Recusal, legal concerns, and Ethics Committee process

board will notify me as to appro what will happen.

Yes, I will make sure you have an answer to that. Okay. Now, let me ask this question then. Do you feel the board will handle it or do you feel Now, I'm sorry to ask that but no, here's why. Because you've got two people involved in it. Should they be recused or are they participating in it? And I'm I'm asking this honestly because I want to make sure that we do this in a fair way. Yes, Howard needs he'll recuse himself and I believe Gary should recuse himself because this ro recall was about himself. So it'll be up to me, Carol, and Joe.

Okay. So you have that much. Okay. So Linda question Kate, you're right after this one.

Kate, go ahead. Kate Reed, District 20. Um, is this

the removal of the materials, is that interfering with election and is it illegal? Yes. So it is a crime.

Yes. Okay. Yes.  So, I wonder if we want to have people who are willing to break the law be part of our uh master board. And while the district delegates are being held to a higher level and whether I speak as Kate Reid, oh, this is me, my personal opinion, or Kate Reid as district delegate, when the people see me, I'm Kate Reid, district delegate. no matter what I say. Okay, this does not reflect the delegates opinion, but this is what I think. No. And they just don't see it. Um, as far as censure goes, okay, I looked it up. It means strong talk. You shouldn't do that anymore. and um [clears throat] the delegates making my experience of the delegates making recommendations to the board is that we are consistently ignored.

So I don't know how we have any power or authority in this. And by the way, getting rid of the election materials, that's pretty childish behavior.

Gayle: Okay. Anyone else?

Linda Spaulding. Um, so do we are you asking for a recommendation from the delegates? Um, let me start over again. I don't want to wait until the board comes up with a decision. I would like the delegates to make a recommendation. For example, we would like to make sure that Howard and Gary recuse themselves. Um, and is that what you're looking for? Are you looking for that? They're taking notes on that. Yes.

So, they're taking notes. So, the recuse and um any other further actions?

I do want I want I'm going to pass out a paper to everybody and it basically says as a delegate, do you want to take action on Howard Cat's election interference? Do you want to take action on Gary Burkel's for election interference or do you want to take action on both?

Gayle: Okay, first off, this will go to the ethics committee only. That's where it's going to go. If the majority wants some sort of action taken, then we move forward from there. Their job then will to take all of these recommendations from all of you looking at information looking at everything and then deciding what action do they think this group wants to bring to the board. It will then come back to you to see what they've written up. You'll either agree or disagree and we'll move from there. Okay? So it's it's not any one person's decision. We are doing this as an entire assembly and we're working with the majority.

Okay, Marcia, I have one comment though. Keep in mind that whatever is done has to be in the realm of of a legal procedure. It can't just be willy-nilly. It has to be done legally. Um has to go through the legal channels. I'm not sure that we can go further than a censure, but that's what we have lawyers for to help us come up with the right response. So, just remember the legalities also have to be considered. And please know that anytime something like this comes out for me, it's gone through the lawyer. It's not coming just from me. It goes from me to Chris to the lawyer and back. So, I I don't move much without the lawyer knowing what I'm doing.

Okay.

Jean Dobson: I believe Kim asked a question about how do we know that Gary.  Was that your question, Kim? How do we know that Gary told Howard to put him in the trash? Howard put it in writing. Okay, that's what that's my question. Yep.

From Howard implicating or involving Gary. Is that correct? Correct. Gary didn't write his own document. No.

Okay. Thank you.

 Deborah Baldwin, District 19. I tend to agree with Bea and it must be it should be appropriate to the crime. And my recommendation, there has been so much up and down and turmoil and re-election and all of the changes that have been proposed and done. Perhaps that we ask for a uh public apology

from both of the board members at a board meeting and they not be allowed to run for another office.

I don't know that we we'll put it down, but I don't know that we can do that. But I we'll put those in your notes.

Um Carly, do you know when are do you know when the meeting will happen? When's our board meeting? 18th. November.

Carlie: Next. Yeah, our next executive board meeting. I think it's November 18th.

November 18th. So, November 18th, they'll be meeting. So, we'll know more after that. And our meeting's on the 19th. So, hopefully we'll have some Prior warnings and expectations of directors just a letter, a warning. If they do it again, then there'll be other circumstances.

Kate, I understand if you had residents that did that and they would get a letter telling them that they shouldn't do that. Let me slap your hand. but at the level that Howard has achieved in our community, who has actively pursued it, who has given us all many lessons in Robert's rules of orders and how things should go. He knows better and that should not have happened. And to go to Gary and Gary says, "Throw it in the trash." And you have a written uh confession to that effect.

I don't think that Howard should be at the very least be allowed to remain on the board and be will have that note.

Okay. Any others from us? One minute. Can me let me breathe.

Okay. Delegates, we are now going to open it to the members.

and Denise and and yes, you do get three minutes.

Thank you. Good afternoon. Um, I want to applaud you guys for doing this because you do have a responsibility to address serious concerns involving election interference.

Regarding Director Howard Kat's alleged removal of recall materials, we can you can request that the master board consider appropriate disciplinary action, including formal public centure, removal from officer positions or committee assignments and other corrective measures permitted by our governing documents.

So, while the master board cannot generally simply remove an elected director from office, that does not mean misconduct should go unaddressed. So, you do have some alternatives.

Thank you, Raelene. Raelene, where were you reading that from?

That's me, David Sterling.

Thank you,

Rick. Yes. Mine is just a a a question of of what we know about what was thrown away. Uh certainly it's what they did is is unacceptable and beyond any question. But I'm I'm really curious was have they been throwing stuff away all along or was there something in particular about this one? Other residents have thrown stuff away off of that. Oh, I'm talking about have earlier earlier in the campaign, were delegate moving forward to add like bylaws or add rules where this kind of conduct should not happen again and if it does happen again, you will be immediately removed.

They do sign a um code of conduct the board. So they did the board does. Yes. And the two of them did.

And in that code of conduct did they say if I commit these actions I will be removed.

Okay. Chelsea's got it. So there is a code of ethics that is signed there. A code of conduct rather.

Um there is in order for a change to the rules or regulations that has to go through uh a very lengthy process and we are in the process of reviewing those rules as is the delegate assembly. So, um hopefully in the future there are laws that require um rule changes not to take effect within a certain time frame of an election. And just know we do have an an election coming up. So with the rules that require the time frame for the actual change, by the time we would get that into effect, we will have an election time frame that we can't actually implement the rule change. So it's going to have to wait till after the next election. That that's my  recommendation. So if you sign up to be either a delegate or a board member and you commit what just happened, you should be automatically removed. There's no meeting. There's no con there's no talking just you committed something that is not acceptable you should be removed immediately and that's something that would have to go before rules and regulations if we something to be looked at definitely

Michelle good afternoon Michelle Walter I think what everybody is not understanding here you cannot remove Howard you cannot remove Gary the No you cannot you would have to have a recall. We just went through that and obviously it didn't work. The only thing you can do is censure them. Censuring also means that you can remove Gary from his presidency. You can remove Howard from being treasurer, but you can't you can't take you can't take that away from them. We elected them. Don't forget.

Now, do I think this is right? Obviously not because it happened to me.

So, I think we need to step back um and look at this whole thing. And if you want to put something in writing, the master board does not have to listen to you. Have they been doing it? Obviously not.

So, what power do you guys really think you have when when the board is thinking of getting rid of you to begin to begin

Gayle: Next steps for the Ethics Committee are recommendations. Linda, um I was excuse me, I was just thinking and um you said another member um received a letter of reprimand. Did Howard receive a letter of reprimand? No. Oops. I don't think she should say anything yet. Let them work through this. Yeah.

Our executive meeting. So, I really can't say anything. Yeah. Yeah. Let them work through it.

So, you have from from us which direction you would like the ethics committee to move forward. Um,

[sighs] so I'm going to bring it back to the delegates now. Delegates, you have in front of you, your paper, what direction do you want the ethics committee to move forward with? Do you want them to look at recommendations to the board? Do you want them for one or both? You need to tell us. This is not

an individual. 

The reason I wrote this is to bring it to the forefront so that everybody knows what's going on. We have

another election coming up. Let's make sure we are ethical in our behavior. That's what we need to do.

So, when you finish filling out your sheet, just fold it in half, please, because I don't want to look at it.

And Ken will come around and collect them. Now, where's my agenda?

Excuse me. I have a question.

Kate, this states to take action. Do you want to yes or no?

Have if you don't want to take action, put no.

So, we don't, but we don't know what any action might be.

The what'll happen? The procedure would be if this group majority wants something to happen, yes or no, then

it'll go to the ethics committee who has heard all of the suggestions. They would then come back to the delegate assembly and say, "These are the actions that you guys brought forward. Where do we go from here? Do we take some off? Do we leave some on? How do we make that work?