Appeal of P.S. Docket No. MD-178 -- MARY HORTON and EDWARD ALMANZA and DENNIS COPE

 In the Matter of a Mail Dispute	) June 17, 1993
 Between:				)
					)
 MARY HORTON				)
 1718 Vallejo Way			)
 Upland, CA  91786-1964			)
					)
 EDWARD ALMANZA				)
 (address unknown)			)
					)
 DENNIS COPE				)
 435 W. 9th Street, Unit D-7		)
 Upland, CA  91786-5921			) P. S. Docket No. MD-178


 APPEARANCE FOR MARY HORTON 
 AND EDWARD  ALMANZA:			Peter E. Racobs, Esq.
 6670 Alessandro, Suite B
 Riverside CA 92506-6310


 APPEARANCE FOR DENNIS COPE:		F. Lavar Christensen, Esq.
 Upland Office Center
 1317 West Foothill Boulevard, 
 Suite 200
 Upland, CA 91786-3674

INITIAL DECISION

This mail dispute was forwarded for resolution pursuant to Domestic Mail Manual ("DMM") § 153.72, which requires Regional Counsel to forward certain unresolved mail disputes to this Department for decision. The mail in dispute is addressed to Pepper Dale Condominium Owners Association, Pepper Dale Condo(s), Pepper Dale Condo Association, Pepper Dale HOA, and/or any other derivative using the name Pepper Dale, P. O. Box 654, at Upland, CA 91785-0654.

Disputants Mary Horton and Edward Almanza ("Horton and Almanza") and Disputant Dennis Cope ("Cope") have filed submittals as required by 39 C.F.R. § 965.5. As permitted under 39 C.F.R. § 965.6, Disputant Cope has also filed a comment and Disputants Horton and Almanza have filed an abbreviated comment in the form of a letter. On June 11, 1993, Disputant Cope filed a certified copy of the transcript of a hearing in Pepper Dale Condominium Owners Association v. Mary Horton, et al., No. RCV-01255 ( Super.Ct.Cal., San Bernardino Cty., June 1, 1993) (order releasing documents and monies in the frozen Post Office Box). The following findings of fact and conclusions of law are based upon the submittals, comments, and documents filed by the parties and upon the documentation forwarded by the Office of Field Legal Services.

FINDINGS OF FACT

1. Pepper Dale Condominium Owners Association ("the Association") is a California, non-profit corporation. The Association is designated as the management body of the Pepper Dale Condominium. The Bylaws of the Association provide that the business affairs of the Association shall be managed by a five (5) member Board of Di rectors. Disputants Horton and Almanza were members of the Board of Directors of the Association prior to a general meeting held to elect new board members on January 19, 1993.

2. At the election on January 19, 1993, Disputant Horton, who was the secretary-treasurer of the Association, unsuccessfully sought to prevent some of the members from voting because they were allegedly delinquent in assessments owed to the Association. Disputant Cope, Disputant Horton, Nelda Weber, Erica Ricard, and another individual, were elected to the Board of Directors of the Association.

3. After the election, Disputants Horton and Almanza sought to bar Disputant Cope, Nelda Weber and Erica Ricard from assuming office as directors, on the ground that they were allegedly delinquent in certain assessments owed to the Association.

4. On February 24, 1993, Disputant Cope, Erica Ricard, and Nelda Weber met as a purported quorum of the newly-elected Board of Directors of the Association and elected Dennis Cope as the president of the Board.

5. On March 12, 1993, the Association filed a complaint against, inter alia, Disputants Horton and Almanza, in the Superior Court of the State of California for the County of San Bernardino. Pepper Dale Condominium Owners Association v. Mary Horton, et al., Case No. RCV-01255. On June 1, 1993, Commissioner Kathleen Bryan held a hearing in that case in which she ruled that the mail for the Association that is currently being held by the Post Office "be released and turned over to the [Pepper Dale Condominium] management company as soon as possible." (Tr., p.4.)

6. During a telephone conference held on June 15, 1993, with counsel for Disputant Cope and counsel for Disputants Horton and Almanza, the Administrative Law Judge was informed by counsel for Disputant Cope that the current management company for the Pepper Dale Condominium is Professional Property Management, 305 North 2d Avenue, Upland, CA 91786.

CONCLUSIONS OF LAW

1. When the same mail is claimed by different persons, and a court decides to whom delivery should be made, the mail will be delivered in accordance with the court order. DMM § 153.73.

2. By virtue of the court order referred to in Finding 5 above, Professional Property Management is entitled to receive the mail in dispute in this matter.

3. The attached proposed mail delivery order should be issued.

 					Judith A. Dowd
 					Administrative Law Judge